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04/19/2006 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/76 Regular Meeting Board of County Commissioners Wednesday, April 19, 2006 Key West, Florida A Closed Executive Session convened at 8:30 A.M. on the above date with the Regular Meeting of the Monroe County Board of County Commissioners convening at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were 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; Suzanne Hutton, Interim County Attorney; Thomas Willi, County Administrator; County Staff, members ofthe press and radio; and the general public. CLOSED SESSION Mayor McCoy announced pursuant to Florida Statute, the following was closed to the public: An executive session to be held with the Board, County Administrator Tom Willi, Interim County Attorney Suzanne Hutton, Assistant County Attorney Bob Shillinger, outside counsel for the County, Bruce Johnson, Esq. and Scott Alexander, Esq., and a certified court reporter to discuss the Evelyn Kimberly Hardee v. Monroe County, Case No. CAP-05-255. All stood for the Invocation and Pledge of Allegiance. A video slide show tribute was made in memory of the late Murray E. Nelson, Mayor Pro Tern. PRESENTATION OF AWARDS Presentation of Years of Service Award for 25 years of service to Monroe County to Marty Gates, Sr. Administrator, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 20 years of service to Monroe County to Maxie Sutton, Plumber, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 20 years of service to Tom Hambright, Librarian, Local History, Key West Library, Community Services and a Presentation of Years of Service Award for 15 years of service to Lynda Hambright, Senior Library Assistant, Local History, Key West Library, Community Services. Presentation of Years of Service Award for 15 years of service to Monroe County to Jim Timony, Deputy Director, Veterans Affairs Department. 04/19/2006 2006/77 Presentation of Employee of the Year Award for 2005, to Ron Cherry, Jr., Sf. Coordinator, Fleet Management, Public Works Division. Presentation of Employee of the Month Award for December 2005, to Gina Carmona, Coordinator, Correction Facilities, Public Works Division. Presentation of Employee of the Month Award for February 2006, to Beth Leto, Sf. Administrator, Public Works Division. Presentation of Mayor's Proclamation proclaiming the month of April as Water Conservation Month. Presentation of Mayor's Proclamation proclaiming the week of April 23 - 29, 2006 as National Crime Victims' Rights Week. Presentation of Mayor's Proclamation proclaiming May 14 - 20,2006 as Emergency Medical Services Week. Presentation of Mayor's Proclamation proclaiming Monday, May 1, 2006 as Law Day. Presentation of Mayor's Proclamation proclaiming April 23 - 29,2006 as National County Government Week. Presentation of Years of Service Award for 25 years of service to Monroe County to Michael Castillo, Airport Rescue Fire Fighter Shift Captain, Key West International Airport. 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. DIVISION OF GROWTH MANAGEMENT Commissioner Neugent discussed with the Board the agenda item concerning guidance to Staff and conceptual approval of a proposed Agreement to redevelop Seahorse Trailer Park and Rowell's Marina. County Administrator, Tom Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item for thirty (30) days to host in Key Largo per the unwritten policy that items be heard in the area where impacted. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Rice Yes Commissioner Spehar No Mayor McCoy No 04/19/2006 2006/78 Motion died. The Board agreed to hear the item as discussion only. The Board agreed to move next month's BOCC meeting from Wednesday, May 17,2006 at the Key Largo Library at 9:00 A.M. to Tuesday, May 16, 2006 at the Key Largo Library, at 9:00 A.M. BULK APPROVALS Motion was made by Mayor McCoy and seconded by Commissioner Spehar granting approval of the following items by unanimous consent: Board granted approval of the report on Change Orders reviewed by the County Administrator for the period 03/01/06 - 03/31/06. There was one Change Order approved by the County Administrator's Office during this period totaling $153,188.50 to improve wood quality for cabinetry and millwork, delete jury seating, and replace crown molding from 12" to 8". Board granted approval and authorized execution of Local Governmental Agreement No. OT06011O between Momoe County"and the South Florida Water Management District (SFWMD) for financial assistance with stormwater improvement construction projects, subject to review and approval by the County Attorney. Board granted approval to request FDOT include a new Toll Booth in the Card Sound Road radius project. Board granted approval of Change Order No. 12 to the Tower Group for the Freeman Justice Center. Security revisions were requested by the Momoe County Sheriffs Department, in addition, revisions are required due to omissions and errors in the design from the original architect. Revisions to include security equipment, doors, walls, ceilings and the inclusion of fire rated doors. Board granted approval to reject the bid for the construction of the new Big Pine Key Fire Station and re-bid. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Charley Toppino and Sons for the construction of a new Big Coppitt Key Park, and the demolition of the Big Pine Key Park on the Old Mariner's property. Board granted approval of changes and additions to the Momoe County Safety Policies and Procedures Manual. Said document is incorporated herein by reference. Board granted approval to pay $213,576 renewal premium to Citizens Property Insurance Corporation for windstorm policy. The County's property policy has a $1,000,000 per location windstorm deductible, this policy covers the deductible amount. 04/19/2006 2006/79 Board granted approval to accept proposal from Marsh USA for Property Insurance package through Lexington Insurance Company and Landmark American Insurance Company not to exceed $564,338. Marsh is continuing their efforts to obtain more favorably priced insurance. The Board also granted authority to Risk Management to accept an alternative proposal from Marsh if it is believed to provide equal or superior coverage for a lower premium. Board granted approval and authorized execution of a Landscape Maintenance Extension Agreement between Monroe County and Gardens of Eden, for Landscape Maintenance Services at the Key West International Airport. Board granted approval and authorized execution of Supplemental Joint Participation Agreement No.5 between Monroe County and the Florida Department of Transportation for additional funds for Planning Studies for the Key West International Airport, and the Florida Keys Marathon Airport. Board granted approval and authorized execution of a Janitorial Services Renewal Agreement between Monroe County and Judy Bobick (Ace Building Maintenance, GFAS) for services at the Key West International Airport. Board granted approval to submit Passenger Facility Charge Application No. 12 to the Federal Aviation Administration. The collection amount requested in PFC Application No. 12 is $4.50 per enplaned passenger. Board granted approval to modifY competitive bid process and issue a Purchase Order to sole source vendor Scale-Rite, Inc. in the amount of$41,812.00 for emergency replacement of the weigh bridge (scale) located at the Long Key Transfer Station, and adopted the following Resolution concerning the transfer of funds for same. RESOLUTION NO. 151-2006 Said Resolution is incorporated herein by reference. Board granted approval for Aqua Waste Repairs to remove five (5) tanks from the Monroe County Detention Facility on Stock Island at no cost to the County. The subject tanks are associated with the decommissioned wastewater treatment plant located at the Detention Facility on Stock Island. Board granted approval to create a Master Mechanic/Generator Technician position to maintain and manage the County's 57 plus emergency generators. Since Hurricane Georges, the County has increased its generator inventory from six to over 57 units, with more to come on line. During the many recent hurricane events, it has become evident that we need a full time generator mechanic to insure that all generators are up and running when needed. Board granted approval to purchase one (1) new tractor/dozer from Kelly Tractor Co., in the total amount of$57,381.34, under Florida Sheriffs Association Contract 05-13-0822. 04/1912006 2006/80 Board granted approval to purchase one (1) new roller from Nortrax Equipment Co., in the total amount of $30,845. Board granted approval to request contractor bids to rebuild the picnic shelters at Veteran's Park which were destroyed by Hurricane Wilma. Board granted approval to renew and authorized execution of a Contract between Momoe County and Wilson 5 Service Co., Inc. for janitorial services at the May Hill Russell Library, Key West, Florida. Board granted approval to renew and authorized execution of a Contract between Momoe County and Dependable Janitorial and Building Maintenance, Inc. for janitorial services at the Big Pine Key Library, Big Pine Key, Florida. Board granted approval to renew and authorized execution of a Contract between Momoe County and Dependable Janitorial and Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida. Board granted approval to renew and authorized execution of a Contract between Monroe County and Dependable Janitorial and Building Maintenance, Inc. for janitorial services at the Islamorada Library, Islamorada, Florida. Board granted approval to renew and authorized execution of a Contract between Monroe County and Dependable Janitorial and Building Maintenance, Inc. for janitorial services at the Key Largo Library, Key Largo, Florida. Board granted approval and authorized execution of an Agreement between Momoe County and Audio Visual Innovations, a General Services Administration (GSA) vendor, for the purchase of Audio Video equipment for the Murray E. Nelson Government and Cultural Center in Key Largo. Board granted approval to hold event, the "8th Annual Florida Keys Tropical Fruit Fiesta" at the Key Largo Community Center, scheduled for July 15,2006. Board granted approval of the Renewal of the Home Community Based Services Aged and Disabled Adult (ADA) Medicaid Waiver Case Management Referral Agreement between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners (Monroe County In-Home Services Program) retroactive to July 1, 2004. Board granted approval of the Renewal of the Home and Community Based Services Aged and Disabled Adult (ADA) Medicaid Waiver Referral Agreement between Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County In-Home Services Program) for Direct In-Home Services retroactive to July 1, 2004. 04/19/2006 2006/81 Board granted approval and authorized execution of Amendment No. 0001 to the Community Care for Disabled Adults (CCDA) Contract No. KG052 between the Department of Children and Families and the Monroe County Board of County Commissioners/Monroe County In-Home Services to reduce/de-obligate the CCDA Contract by a total of$9,995.66. Board granted approval and authorized execution of an Addendum between Monroe County and Florida Keys Society of Prevention of Cruelty to Animals, Inc. to allow shelter to use insurance proceeds of$14,126.95 and county provides up to $5,873.05 to purchase a new van as a replacement for van lost in Hurricane Wilma. Board granted approval of new residential leases for Deputy Housing on County-owned properties to make the rates uniform and for security patrol of the sites by the deputies. The new leases charge a rental of$6.00 per square feet for all housing. In addition, the new leases require the deputies to pay for electricity. Board adopted the following Resolutions for the transfer of funds and for the receipt of unanticipated revenue: Transfer of Funds (OMB Schedule Item No.1) RESOLUTION NO. 152-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 153-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule item No.3). RESOLUTION NO. 154-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 155-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 156-2006 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 461-2005 (OMB Schedule Item No.6). RESOLUTION NO. 157-2006 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 467-2005 (OMB Schedule Item No.7). RESOLUTION NO. 158-2006 Said Resolution is incorporated herein by reference. 04/19/2006 2006/82 Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 159-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 160-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 161-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 162-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 163-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 164-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 165-2006 Said Resolution is incorporated herein by reference. Board granted approval of a Debt Management Policy which will provide guidelines as to the administration, capacity, and acceptable types of Debt that could be issued by the County. Said document is incorporated herein by reference. Board granted approval and authorized execution of a Courier Service Agreement First Renewal between Monroe County and Buccaneer Courier to cover from March 16,2006 through March 15, 2007. Board granted approval of Dedication Plaque to be mounted on the exterior wall of the new terminal building at Key West International Airport. Board granted approval to pay Unlimited Electric Technologies invoices in the amounts of: $4,971.62, $2,950.00, $4,803.71 and $4,999.65, for repairs of damage at the Key West Airport, caused by Hurricane Wilma. Board granted approval to pay Grande Air Services invoice per proposal, in the amount of $16,625 for repairs to damage at the Key West Airport, caused by Hurricane Wilma. 04/19/2006 2006/83 Board granted approval to pay Lower Keys Pumping & Drain Cleaning, LLC invoice per proposal, in the amount of $21,160 for cleaning storm system drains of debris caused by Hurricane Wilma. Board granted approval to pay Neubert Aero Corp. invoice per proposal, in the amount of $31,015.46 for replacement of equipment destroyed by Hurricane Wilma. Board granted approval for Ten-8 Fire Equipment to repair damage to the Key West Airports Oshkosh T8 fire truck caused by Hurricane Wilma, per proposal, in the amount of $118,967. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Tourist Development Association, Inc. covering Fantasy Fest 2006 in an amount not to exceed $116,500 ($85,000 DAC I, FY 2006 Event Resources; $5,000 DAC II, FY 2006 Event Resources; $10,000 DAC III, FY 2006 Event Resources; $16,500 DAC V, FY 2006 Event Resources). Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Racers Invitational, Inc. covering the Racers Invitational Nascar Fan Fest on November 14-15, 2006 in an amount not to exceed $15,000 DAC IV, FY 2006 Event Resources. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Dove Creek Co. to revise dates of the Ghost Hunt Tournament to September 8-9, 2006. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Dolphin Research Center, Inc. to extend Agreement for the Fish Freezer and the Restoration of the Front Sign project to March 31, 2007. Board granted approval of a Monroe County Tourist Development Council Operations Manual Update to revise the language of the Fishing Event Funding Agreement. Due to recent increases in named storms and hurricanes, the Fishing Umbrella has found that a number of their funded tournaments are needing to reschedule or cancel their events. The language within the agreement provides direction to the tournament directors on how to handle rescheduling and cancellation of their events, and reimbursement in these circumstances. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Prange & O'hearn Insights, Inc. for extension and monetary compensation to provide Visitor Profile Survey Services. 04/19/2006 2006/84 Board granted approval and authorized execution of an Amendment to Agreement between Momoe County and The Florida Keys History of Diving Museum, Inc. for their Phase IB project to March 31, 2007, and to update the name of the Project Manager. Board granted approval and authorized execution of an Amendment to Interlocal Agreement between Monroe County and Islamorada Village ofIslands to extend the Agreement for the Fishing Pier Project to September 30, 2007. Board granted approval and authorized execution of an Amendment to Interlocal Agreement between Momoe County and Islamorada Village ofIslands to extend the Agreement for the Amphitheater project to March 31, 2007. Board granted approval of Florida Keys Council of the Arts Cultural Umbrella Representative Robert Sandifer as the new District Representative. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution extending the authority of the Growth Management Division Director to toll the time limit requirements for obtaining a building permit or required permit inspections for properties adversely impacted by the court ordered permanent injunction on the issuance of new flood insurance policies under the National Flood Insurance Program pending resolution of same, or 180 days from May 15, 2006, whichever first occurs; directing the Planning Director to forward a copy ofthis Resolution to the Florida Department of Community Affairs and providing for an effective date. RESOLUTION NO. 166-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a 3-party Contract No. DC641 between Momoe County, Otak Group Inc. and the State of Florida Department of Environmental Protection, Office of Greenways and Trails to perform construction services for safety upgrades at Stock Island, Big Coppitt Key and Big Pine Key on the Florida Keys Overseas Heritage Trail. Board granted approval of the recommendation from the Selection Committee to select and negotiate a Contract with Carter-Burgess, to prepare the Sugarloafto Little Torch Key US-l Corridor Enhancement Plan, if staff is unable to successfully negotiate a Contract with this firm, staff is authorized to negotiate with the next highest ranked firm. Board granted approval to convert an existing part-time Technician, Planning position into a full-time Technician, Planning position (Pay Grade 8) at the Plantation Key Planning Department Office. Board adopted the following Resolution waiving the required renewal fee for Permits #04103530 and #05100198, (per the request of Keys Iron Works, Inc.) 04/19/2006 2006/85 RESOLUTION NO. 167-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment 4 to State Contract No. 973-001-00-1 between Monroe County and HDR, Inc. in the amount of$IIO,OOO to complete consulting services in furtherance of the Lower Keys CommuniKeys Plan. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Florida Fish and Wildlife Conservation Commission (FWC) providing funding to FWC for overtime hours which will be incurred during pending marine debris, vessel, and trap cleanup projects which are a part ofthe Hurricane Wilma recovery effort. MONROE COUNTY SHERIFF'S OFFICE Board granted approval of Fiscal Year 2006 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board, in the amount of$134,000. Said recommendations are incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Commissioner Rice's appointment of Donna Flanunang to the Duck Key Security District Advisory Board, replacing David Lyon, with a term expiring April I, 2009. Board granted approval of Commissioner Rice's appointment of Brian Walsh to the Duck Key Security District Advisory Board, replacing Dick Holland, with a term expiring April I, 2009. Board adopted the following Resolution supporting 5000 Friends of Florida Families. RESOLUTION NO. 168-2006 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Spehar's item concerning the appointment of David Rice as the County's Liaison to Affordable Housing Committee. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of February IS, 2006 and Special Meeting of February 21,2006 - (previously distributed). Board granted approval ofTDC expenditures for the month of March, 2006, as follows: Advertising, in the amount of $991,429.59; Bricks & Mortar, in the amount of$71,302.09; Visitor Information Services, in the amount of$64,583.32; Events, in the amount of$143,134.50; Office Supplies & Oper Costs, in the amount of$27,688.45; Public Relations, in the amount of 04/19/2006 2006/86 $134,977.17; Sales & Marketing, in the amount of $1 02,026.49; Telephone & Utilities, in the amount of$26,343.52; Travel, in the amount of$16,298.10. Board granted approval of the following Warrants (100313 - 100491 & 501-503385): General Fund (001), in the amount of$2,118, 139.70; Fine & Forfeiture Fund (101), in the amount of$10,410,638.67; Road and Bridge Fund (102), in the amount of$I,101,238.89; TDC District Two Penny (115), in the amount of$481,646.93; TDC Admin. & Promo 2 Cent (116), in the amount of$916,934.50; TDC District 1,3 Cent (117), in the amount of $59,082.20; TDC District 2, 3 Cent (118), in the amount of$50,988.00; TDC District 3, 3 Cent (119), in the amount of$32,496.18; TDC District 4, 3 Cent (120), in the amount of $856.51; TDC District 5, 3 Cent (121), in the amount of$41,748.26; Gov. Fund Type Grants (125), in the amount of $5,329,784.67; Fire & Amb Dist 1 L&M Keys (141), in the amount of $209,475.12; Upper Keys Health Care (144), in the amount of$5,911.55; Fire & Amb Dist 6 Key Largo (146), in the amount of $64,267.62; Uninc Svc Dist Parks & Rec (147), in the amount of$29,346.39; Plan, Build, Zoning (148), in the amount of$83,219.60; Municipal Policing (149), in the amount of$979,801.30; 911 Enhancement Fee (150), in the amount of $48,932.48; Duck Key Security (152), in the amount of$3,455.31; Local Housing Assistance (153), in the amount of$304,671.32; Boating Improvement Fund (157), in the amount of $18,862.34; Misc. Special Revenue Fund (158), in the amount of $29,842.00; Environmental Restoration (160), in the amount of$692.82; Law Enforcement Trust (162), in the amount of $53,977.00; Marathon Municipal Service (166), in the amount of$I,530.98; Bay Point Wastewater MSTU (168), in the amount of$83.03; Key Largo Wastewater MSTU (170), in the amount of$I,133.64; 1 Cent Infra Surtax (304), in the amount of$257,400.29; 2003 Revenue Bonds (307), in the amount of$317,531.68; Card Sound Bridge (401), in the amount of$3,929.88; Marathon Airport (403), in the amount of$101,072.02; Key West Inti. Airport (404), in the amount of$568,252.39; MSD Solid Waste (414), in the amount of$I,650,923.61; Worker's Compensation (501), in the amount of $37,300.16; Group Insurance Fund (502), in the amount of$137,202.63; Risk Management Fund (503), in the amount of$198,41O.75; Fleet Management Fund (504), in the amount of$191,869.00; Fire & EMS LOSAP Trust Fund (610), in the amount of$510.00; Various Funds, in the amount of$331,601.03. Board granted approval to advertise surplus equipment for bid and approval to remove surplus equipment from inventory via disposal, donation and salvage. Said list is incorporated herein by reference. COUNTY ADMINISTRATOR Board accepted the written County Administrator's Report dated April 7, 2006 - County Divisions' MontWy Activity Report for March, 2006. Board granted approval and authorized execution of a Managed Pharmacy Benefit Services Agreement Consumer Card Program between Monroe County and the National Association of Counties and CaremarkPCS Health L.P. to implement a no-cost prescription drug discount program - not insurance - throughout Monroe County that can be used by all residents. 04/19/2006 2006/87 Board granted approval to authorize Staff to include the South Florida Workforce (SFW) offices for employment and training services in space plans for governmental complexes in Key West and Plantation Key. Board granted approval/confirmation of Aref Joulani as Senior Director of Planning and Environmental Resources, replacing Marlene Conaway. Board granted approval/confirmation of Leonard "Ty" Symroski as Growth Management Director, replacing Timothy McGarry. COUNTY ATTORNEY Board granted approval of the written April 2006 Litigation Report, dated April 12, 2006. Board granted approval of payment to Paul, Hastings, Janofsky & Walker, LLP for professional legal services by Robert H. Freilich rendered in the amount of$146,454.29 (Invoice #1496297), in Collins v. Monroe County v. State of Florida, Case No. CAM-04-379. Board granted approval of payment to Paul, Hastings, Janofsky & Walker, LLP for professional legal services rendered by Robert H. Freilich rendered in the amount of$126,679.83 (Invoice #1492298 for $70,005.05 and Invoice #1501315 for $56,674.78), in Galleon Bay Corp. v. BOCC v. State of Florida, CAK-02-595. Board granted approval and authorized execution of a Settlement Agreement in code enforcement lien in Monroe County v. Harry F. Keitz, Case No. U7-01-267. Board granted approval of payment to Nabors, Giblin & Nickerson for professional legal services rendered in the amount of$37,916.42 (Invoice #08305137) relating to the establishment of wastewater services throughout Monroe County. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Conch Flyer, Inc. extending their lease from January 23,2010 to January 22, 2030. Board granted approval to reject the settlement offer by defendants to settle Monroe County v. Dorothy Hough, et aI, Case No. CA K 05-667 for $10,000. Board granted approval and authorized execution of an Employment Agreement between Monroe County and Suzanne A. Hutton to serve as Monroe County Attorney. Board granted approval of the creation of one position to provide legal services at an entry level position. Board granted approval to rescind Resolution No. 328a-2005 and adopted the following Resolution ratifYing Modification No.3 to the Community Development Block Grant (CDBG) 04/19/2006 2006/88 Agreement between the Department of Community Affairs and Momoe County implementing a twelve month extension to October 8, 2006 for sewer connection assistance for Momoe County. RESOLUTION NO. 169-2006 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance adopting interim amendments to Chapter 9.5, Momoe County Code (Land Development Regulations), in response to Hurricane Wilma by creating a new Section 9.5-227, Emergency Temporary Housing; providing for temporary placement ofRVs; providing specific standards and procedures for approval ofRVs as temporary emergency housing; providing for repeal of all Ordinances inconsistent herewith; providing for an effective date; providing for filing in the Office of the Monroe County Clerk and the Secretary of State of the State of Florida; and providing for expiration within 270 days of the effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Attorney, Suzanne Hutton addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to reconsider Agenda item D4 concerning Change Order No. 12 to the Tower Group for the Freeman Justice Center. Motion carried unanimously. County Engineer, Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice approving Change Order No. 12 to the Tower Group for the Freeman Justice Center, in the amount of $572,329.95 as amended. (The Change Order was reduced to 5% overhead and profit from 10% originally, and the 1 % bond amount was removed as that was included in the overhead and profit figure.) Motion carried unanimously. BUDGET & FINANCE Sal Zappulla, Budget & Finance Director and Hal Canary, representing Public Financial Management, the County's Financial Advisor discussed with the Board a Plan of Finance for the Key West International Airport Terminal Renovation Project (McCoy Terminal Complex). After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the Plan of Finance. Said document is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Rice's item concerning the current status of Windstorm Insurance crisis and possible direction to Staff; and the late Commissioner Nelson's item concerning approval to contest with a challenge or to sue in Circuit Court the dramatic increase in windstorm property rates submitted by Citizen's or approved by the Office of Insurance Regulation. This challenge oflawsuit can be handled by the firm of Volpe, Bojalia, 04/19/2006 2006/89 Wicks, et al. The following individuals addressed the Board: Attorney Robert Cintron, Jr., representing FIRM; Thomas Mack, representing FIRM; William R. Pfeiffer, Esq., of The Pfeiffer Company, doing business as TPC Governmental Consulting; and Attorney Tim Volpe, ofthe firm of Volpe, Bojalia, Wicks, et al. The Board directed that Mr. Volpe work with the County Attorney and prepare an instrument for the Board to act upon, and at the propitious time, call a Special Meeting to initiate. . . . . . . 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, Commissioner Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie. Motion was made by Commissioner Rice and seconded by Commissioner Spehar to adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida authorizing the write-off and deletion of Fire Rescue Ambulance Accounts Receivable. Motion carried unanimously, with Commissioner Cromartie absent. RESOLUTION NO. 170-2006 Said Resolution is incorporated herein by reference. . . . . . . The Board of County Commissioners reconvened with all Commissioners present. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval to purchase one (1) new portable standby generator from Walker Miller Equipment in the total amount of$48,439. Motion carried unanimously. Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of Contract Amendment NO.2 between Monroe County and Harvard, Jolly, Clees, Toppe Architects, P.A. AlA for professional services to design the new Medical Examiner's Facility. Motion carried unanimously. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval to negotiate a Contract with Carlisle Development Group, LLC for real estate development services for affordable and employee workforce housing at four (4) locations within the County - 14 units at the Mandalay 04/19/2006 2006/90 property in Key Largo, 32 units at Burton Drive in Tavernier, 13 units at Cudjoe and 10 units at Big Coppitt Key. Motion carried unanimously. Mr. Zappulla addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to amend the adopted Fiscal Year 2006 Capital Plan funding allocations for One Cent Infrastructure Sales Tax (Fund 304) and adopted the following Resolution for transfer of funds within said plan. Motion carried unanimously. RESOLUTION NO. 171-2006 Said Resolution is incorporated herein by reference. Mr. Zappulla, Mr. Willi, and Darmy Kolhage, Clerk of Court addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval of the document entitled Monroe County Purchasing Card Policy & Procedures. Roll call vote was unanimous. Mr. Zappulla, Mr. Willi, and Ms. Hutton addressed the Board conceming the approval to place a percentage limit, from 0% to 3%, on the Fiscal Year 2007 increase in the total funding for nonprofit organizations that apply directly to the Board of County Commissioners. These organizations are funded as "line items" in the County Budget. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice approving an increase not-to-exceed the CPI for Fiscal Year 2007 for nonprofit organizations that apply directly to the Board of County Commissioners. Roll call vote was unanimous. Mr. Zappulla addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of an allocation of 4% of the General Fund balance for all Human Services Advisory Board applicants for Fiscal Year 2007 using the amended calculation. Roll call vote was unanimous. COUNTY ADMINISTRATOR Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of the following four (4) items: Agreement between Monroe County and Advanced Data Solutions, Inc., Contract No. 101-555-2493A, for scanning, indexing and imaging the Building Department's permits and files. Agreement between Monroe County and Advanced Data Solutions, Inc., Contract No. JOI-555-2565A, for IT consulting, survey of all County departments, IT design and, if necessary, assessments related to the Sterling Project. Agreement between Monroe County and Advanced Data Solutions, Inc., Contract No. 101-555-2566A, for countywide content management of data including all county servers and platforms, data base management, and all related file management, and for training of county 04/19/2006 2006/91 personnel in all related date bases related to Alchemy software, in order to make data bases communicate with each other. Agreement between Momoe County and Advanced Data Solutions, Inc., Contract No. 101-555-2567A, for IT consulting, support and service of County's IT related platforms and hardware. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Standard Legal Services Agreement between Momoe County and Michael Casey, Esq. of the firm of Epstein, Becker & Green, P.A., in the amount of$75,000 to advise the County Administrator on employment issues, employment investigation, and personnel issues which have a potential for litigation and in which the County Administrator has been advised by the County Attorney that the County Attorney has a conflict. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a Professional Services Proposal between Momoe County and the Municipal Code Corporation, to provide a revised and consistent Momoe County Code in new volumes. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to advertise a Public Hearing to consider adoption of an Ordinance amending Section 2-299(G)(4) and 2-299(G)(5) of the Monroe County Code concerning the Tourist Development Council to specify the southern boundary of District 4 and revise the boundary between District IV and District V; 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. STAFF REPORTS Public Works - Public Works Director, Dent Pierce reported on a proposal from Waste Management concerning a change in their franchise area between Stock Island and the South end of the Seven Mile Bridge which will consist of combining garbage pickup with yard waste. Waste Management will be notifying the residents of these changes. Engineering - County Engineer, Dave Koppel reported on the status of the Big Coppitt Park contract that was approved today by the Board; the South Florida Water Management District provided Monroe County with $200,00 for storm water management on County roads; permits will be issued very soon by the Army Corps of Engineers for the Big Pine Key Park; and, 04/19/2006 2006/92 announced that the groundbreaking of the Murray E. Nelson Government and Cultural Center is scheduled for Friday, April 21st at II :00 AM., the public is invited. W ASTEW A TER ISSUES 1 COMMISSIONERS' ITEMS The Board discussed findings from the KW Resort Utilities Corp. Utility Agreement Review for multi-unit commercial residential properties on Stock Island; and Commissioner Rice's item concerning possible direction regarding hookups to KW Resort Utilities (KWRU), and possible action regarding a proposed Contract between KWRU and users. William Barry, representing KW Resort Utilities, Corp., addressed the Board and presented a connection report to the Board. Brian Armstrong, Monroe County's Bond Counsel, addressed the Board and presented a document that provides Staff's analysis and makes several recommendations for changes to the standard KW Resort Develop Agreement. Said documents are incorporated herein by reference. Senior Administrator of Wastewater Projects, Liz Woods and Assistant County Attorney, Pedro Mercado addressed the Board. No official action was taken. This matter was referred to Staff. COUNTY ATTORNEY The Board discussed possible action concerning Judge Payne's request to revert to the original contract drawings for the veneer of the Freeman Justice Building. Judge Richard Payne; County Engineer, Dave Koppel; Tony Burke and Greg Galmin, representing The Tower Group; Robert G. Currie, Principal Architect - consultant for the Freeman Justice Building; Suzanne Hutton, County Attorney; and Tom Willi, County Administrator addressed the Board. After discussion, motion was made by Mayor McCoy and seconded by Commissioner Neugent to refer the item to Staff to request an Architectl AlA familiar with this material to perform a comparative cost analysis and evaluation; the item is then to be brought back before this Board in one (I) month for consideration. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Spehar's item concerning approval to accept two (2) proposals from GSG, Government Services Group, Inc. dated March 24, 2006. The proposals encompass a retainer agreement to provide special services by number of parcels within each future project area, i.e., Big Coppitt, Summerland, Geiger, Cudjoe Keys, etc. and an agreement to provide assistance to the County and its staff in the billing and collection of Stock Island utility assessments for the Phase Two area for Fiscal 2006 - 2007 based on the county's existing methodology and assessment rates. Bill Smith, Mr. Willi, and Brian Armstrong, Monroe County's Bond Counsel addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the Standard Form of Agreement and the modification provided in the report to the commission. Motion carried unanimously. COUNTY ATTORNEY The Board discussed approval to advertise a Public Hearing regarding changes to Chapter 04/19/2006 2006/93 3, Animal Control, Monroe County Code, and direction from the Board of County Commissioners as to the specific changes to be advertised. Suzanne Hutton, County Attorney addressed the Board. The following public speakers addressed the Board: David Paul Horan, representing Animal OwnerNetsIPet Store Owners and ADA Animal Owners; Ralph Major, Gwen Hawtof, President of the Florida Keys SPCA; Kathy Timberlake, Connie Christian, Raymond Shockley, Mike Wolf, representing The Pampered Pet and Max's Pet Store; Dr. Pamela Manson, Lisa Bramson, Jerry Curtis, Dr. Elton Gissendanner; Theresa Foley, Robert E. Kelly, Jr., Katha Sheehan, representing Rooster Rescue Team; Raul Hernandez, Karen Prince, Jane Dawkins, Mike Morawski, representing 907 Whitehead Street Corp.; Linda Gottwald, representing Stand Up for Animals, Inc.; and Angela Williamson, who presented a petition with more than 2,000 signatures. Ms. Hutton addressed the Board a second time. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to create a moratorium on enforcement for two (2) months, (Ordinance No. 006-2006). Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider a request for Administrative Relief from James A. Hupp on the lot described as Lot 32, Doctor's Arm Subdivision 3rd Addition Section B, Big Pine Key, real estate number 00312572.003300. The Board accepted public input with the following individual addressing the Board: James A. Hupp. Aref Joulani, Planning Director and Assistant County Attorney Jerry Sanders addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting Administrative Relieffor an allocation award. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice approving Administrative Relief in the form of an offer to purchase the property. Motion carried unanimously. RESOLUTION NO. 172-2006 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Jerry Sanders, Assistant County Attorney discussed with the Board, guidance to Staff and conceptual approval of proposed Agreement to redevelop Seahorse Trailer Park and Rowell's Marina. The following individuals addressed the Board: Carl Citadel, representing BOAC Developers, LLC; Patricia DiBonaventura, N. Carol Hamon, representing Seahorse Owners; Stephen Morga, Jim Cameron, Chairman of the Monroe County Planning Commission; Richard Chatelaima, Alicia Putney, Kathryn Wheeler, Carrie Barreto, Scott Shearer, Ramona Santana, Marilyn Corbett, Michael DelGenio, Deborah Stubblefield, and Tom Williams, representing The Craig Company. No official action was taken. (This matter will be scheduled to be heard at the May 16, 2006 Key Largo BOCC meeting and the June 21, 2006 Marathon BOCC meeting). 04/19/2006 2006/94 PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution concerning the Receipt of Unanticipated Funds, Clerk's Revenue Note, Fund #192 - Public Records Modernization Trust Fund. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 173-2006 Said Resolution is incorporated herein by reference. The first of two required Public Hearings was held to consider adoption ofa Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Future Land Use Map from Residential Conservation (RC) to Conservation (C) for 00117510.000000 and from Conservation (C) to Mixed Use/Commercial (MC) for 00117510.000200 for properties located at 256627 SugarloafKey part Government Lot 5 AKA Lots 2 and 3 Block 1, Sugarloaf Acres Section One, SugarloafKey, Florida, approximate mile marker 19. Jose Pappa, addressed the Board. The Board accepted public input with the following individuals addressing the Board: Tom Weyant and Margaret Jolly, representing From the Earth and Sea, Inc. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 174-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving the request by Itnor Corporation to amend the Land Use District for the following property from Urban Residential Mobile-Limited (URM-L) to Urban Residential (DR). The property is physically located on Laurel and 2nd Avenue and is legally described as Stock Island Maloney Sub PB 1-55 Lots 1 thru 7 & Adj Bay Btm Lots 11 to 21 Inc Sqr 32 G48-164-65, Stock Island, Monroe County, Florida. The real estate number is 00124540.000000, at approximate mile marker 5. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014-2006 Said Ordinance is incorporated herein by reference. The first of two Public Hearings was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan for the following properties from Residential Medium (RM) to Mixed Use/Commercial (MC). The properties are physically located on First Street, Big Coppitt Key and are legally described as Block 18, Lot 1, Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida and Part Government Lot 3, Big Coppitt Key, Monroe County, Florida. The real estate numbers are 00153240.000000 and 04/19/2006 2006/95 00121660.000000, at approximately mile marker 10. The Board accepted public input with the following individuals addressing the Board: Lee Rohe, representing Ruben Investment Properties; and Steve Ruben, representing Ruben Investments. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 175-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance adding to existing definitions (Sec. 9.5-4); amending Maximum Residential Density and District Open Space (Sec. 9.5-262) to allow for density bonuses for affordable units of75 sq.ft. or less; amending required parking (Sec. 9.5-352); amending and/or adding for consistency purposes related provisions; providing for severability and repeal of inconsistent provisions; providing effective date; providing for incorporation in the Monroe County Code of Ordinances. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending the existing definition for maximum sales price of an affordable housing unit (Sec. 9.5-4); amending affordable and employee housing provisions (Sec. 9.5-266); providing for severability and repeal of inconsistent provisions; amending and/or adding for consistency purposes related provisions; providing effective date; providing for incorporation in the Monroe County Code of Ordinances. The Board accepted public input with the following individual addressing the Board: Jerry Coleman. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 016-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance adopting amendments to the Monroe County Land Development Regulations to revise Sections 9.5-4 and 9.5-266 regarding inclusionary housing requirements; providing for regulations regarding multiunit development and redevelopment and mobile home conversions; amending definitions; amending and/or adding for consistency purposes related provision; providing for severability and repeal of inconsistent provision; providing effective date; providing for incorporation in the Monroe County Code of Ordinances. The Board accepted public input with the following individual addressing the Board: Phil Townsend. Assistant County Attorney, Jerry Sanders addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar that this matter have a thirty (30) year Deed Restriction to be consistent with new construction, instruct Staff to examine the entire process both on new and affordable development, return to the 04/19/2006 2006/96 BOCC in no more than 60 days with discussion and recommendations, and adopt the following Ordinance. Ed Swift addressed the Board. Motion carried unanimously. ORDINANCE NO. 017-2006 Said Ordinance is incorporated herein by reference. The first of two Public Hearings was held to consider adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as Volume Two (2) of the Livable CommuniKeys Master Plan for Stock Island and Key Haven titled Harbor Preservation/Redevelopment and Intra-Island Corridor Enhancement Plan. There was no public input. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to postpone the matter for sixty (60) days to the June 21,2006 Marathon BOCC meeting. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Assistant County Attorney, Jerry Sanders addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval to transmit and execute a proposed Letter of Understanding (LOU) between Momoe County and the Florida Department of Community Affairs (DCA) recognizing the number of affordable dwelling unit allocations available for use in Agreements with developers. Motion carried unanimously. Commissioner Neugent excused himselffrom the meeting. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item and requested approval to recertify affiliation with Keep America Beautiful, a National nonprofit public education organization dedicated since 1953, to engaging individuals to take greater responsibility for improving their local community environments. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the item in an amount not to exceed $10,000. Roll call vote was unanimous, with Commissioner Neugent not present. The Board discussed Mayor McCoy's item concerning the approval of the appointment of Larry Hawkins to the South Florida Workforce Board. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to deny the appointment. Motion carried unanimously, with Commissioner Neugent not present. Commissioner Neugent returned to the meeting and took his seat. Motion was made by Commissioner Spehar and seconded by Commissioner Rice appointing Kerry D. Clemmons, EdD. to the South Florida Workforce Board. Motion carried unanimously. 04/19/2006 2006/97 Mr. Willi addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent extending the waiver of building permit fees for hurricane repairs for sixty (60) days. Motion carried unanimously. COUNTY ADMINISTRATOR Sal Zappulla, Budget & Finance Director discussed the City of Marathon's Municipal Service Taxing Unit (MSTU) funds. Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar approving Option #1 to continue collecting the tax, amend the Ordinance and amend the Interlocal Agreement with the FKAA, and enter into an Interlocal Agreement with the City of Marathon to provide payment to Marathon. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar approving Option #2 to amend the Interlocal Agreement with the FKAA to delete the Marathon MSTU and repeal the Ordinance. Motion carried unanimously. COUNTY ATTORNEY Assistant County Attorney, Bob Shillinger presented a Settlement Agreement in Walgreens & Gadinsky v. Monroe County and Florida Keys Citizen's Coalition (Intervenors), Case No. CA K 05-266. The following individuals addressed the Board: Alicia Putney, representing the Florida Keys Citizen's Coalition, Kathryn Wheeler, representing the Big Pine Key Civic Association; Attorney Lee Rohe, representing the Florida Keys Citizen's Coalition. Attorney Nick Mulick, representing Walgreen's and Gadinsky addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item to May 16, 2006 BOCC meeting in Key Largo for a final Settlement Agreement with input from the Florida Keys Citizen's Coalition. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida