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05/16/2006 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/98 Regular Meeting Board of County Commissioners Tuesday, May 16, 2006 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Key Largo Library. 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, County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation recognizing the month of May 2006 as Motorcycle Safety and Awareness Month. Presentation of Mayor's Proclamation recognizing May 21,2006 as International AIDS Candlelight Memorial Day in Key West Presentation of Mayor's Proclamation recognizing May 7-13, 2006 as Law Enforcement Memorial Week. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the following items by unanimous consent: Board granted approval to advertise for sealed bids for one (I) new portable standby generator for the Cudjoe Key SheriIDE.M.S. Substation. Board granted approval to advertise for sealed bids for one (1) new emergency generator for the Marathon Jail. 05/16/2006 2006/99 Board granted approval to advertise for sealed bids to repair the roof at the Monroe County Detention Facility on Stock Island due to Hurricane Wilma. Board granted approval and authorized execution of an Amendment to Interlocal Agreement between Monroe County and City of Marathon concerning use of the meeting room at the Marathon Government Center for City Council meetings to reduce the annual meeting room usage fee from $25,978.68 to their budgeted amount of$20,000.00. Board granted approval and authorized execution of an Extension of an Interlocal Agreement between Monroe County and City of Key West extending the local option gas tax distribution with the Cities of Key West, Key Colony Beach, and Layton. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and City of Marathon extending the local option gas tax distribution. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Islamorada, Village ofIslands extending the local option gas tax distribution. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Siemens Building Technologies, Inc. for testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriffs Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for operation and maintenance of the wastewater treatment plant at the Roth Building. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the State of Florida Department of Transportation for positioning of Public Works' vehicles and equipment prior to a projected hurricane event. Board granted approval for the Mayor to sign title transferring County Vehicle No. 1416-306,2005 Chevy Haz Mat, VIN 1GBE4C1215F505775, to insurance company, as it has been declared a total loss by the insurance company due to Hurricane Wilma on October 25, 2005. Board granted approval and authorized execution of Amendment No. 001 to OAA Contract No. AA-629 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Community Services (In-Home Services and Nutrition Programs). The purpose of the amendment is to change the maximum units of services and reduce the service unit rate under the contract. Total contract amount will remain the same. 05/16/2006 2006/1 00 Board granted approval and authorized execution of the Notice of Grant Award between Monroe County Board of County Commissioners and Florida Department of Transportation for Acceptance of Grant Award, to purchase a $75,000 Type D Body-on-Chassis Transit Bus with Wheelchair Lift 4-20 ambulatory seats with 6 wheelchairs. Board granted approval and authorized execution of Amendment No. 001 to the Alzheimer's Disease Initiative (ADI) Contract No. KZ597 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program). The purpose of the amendment is to reduce/de-obligate the ADI Contract by a total of$15,000.00. Board granted approval and authorized execution of Amendment No. 001 to the Community Care for the Elderly (CCE) Contract No. KC571 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program). The purpose of the amendment is to reduce/de-obligate the CCE Contract by a total of approximately $80,000.00. Board granted approval for Mayor to sign the Match Commitment of 10% for the upcoming Community Care for Disabled Adults (CCDA) Grant, for Fiscal Year July 1,2006 through June 30, 2007, and to submit unit cost information to the Department of Children & Families. Board granted approval for Mayor to sign the Match Commitment of 10% for the upcoming Community Care for the Elderly (CCE) Grant and Alzheimer's Disease Initiative (ADI) Grant, for Fiscal Year July I, 2006 through June 30,2007, and to submit unit cost information to the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties). Board granted approval and authorized execution of Modification No. 1 to Contract No. 06EA-3M-II-54-01-019 between Monroe County and the Florida Department of Community Affairs, regarding Low-Income Home Energy Assistance Program (LIHEAP) funds. Modification is for an increase of$70,488 in addition to the $102,384 current FY 2006-2007 LIPHEAP base allocation. Board granted approval to rescind Modification NO.5 to Disaster Relief Funding Agreement No. 01UN-6P-II-54-15-007, between Monroe County and the Department of Community Affairs, Division of Emergency Management, and granted approval and authorized execution of a new revised Modification No 5, extending the length oftime to May 31, 2006 and increasing the budget an additional amount of $24,794.00. Board granted approval of payment ofInvoice No. 10241 to Jerry Coleman, PL., for professional legal services rendered regarding Workforce Housing and other Monroe County issues, in the amount of $28,792.46 covering the period of February 26,2006 through March 31, 2006. 05/16/2006 2006/101 Board granted approval to pay Unlimited Electric Technologies invoices in the amount of: $3,969.46, $960.32, and $4,781.43, for repairs of damage at the Key West Airport, caused by Hurricane Wilma. Board granted approval to pay Monroe Service Co. invoices in the amounts of: $3,000.00, $3,000.00, $1,000.00, $2,000.00, $1,000.00, and $3,000.00, for mold removal from the roof AC units at the Key West Airport, caused by Hurricane Wilma. Board granted approval and authorized execution of a Memorandum of Agreement No. DTFASO-06-L-00I03 between Monroe County and the Federal Aviation Administration for navigation, communication, and weather reporting areas and facilities at the Key West International Airport. Board granted approval and authorized execution of a Memorandum of Agreement No. DTFASO-06-L-00099 between Monroe County and the Federal Aviation Administration for navigation, communication, and weather reporting areas and facilities at the Marathon Airport. Board granted approval and authorized execution of a Purchase/Service Order No. 05/06-24 between Monroe County and URS for Airport Revenue Bond Report, Phase II, for the Key West International Airport. Board re-approved Award of Bid to SSES, Inc., dba Southern Sewer Equipment Sales, in the amount of$78,373.59, for a Pavement Sweeper (Tymco 210) for the Key West International Airport. Due to an emergency, the FAA directed the airport to expend the original grant funds on other projects and not purchase the Pavement Sweeper at that time. The FAA has now reauthorized the acquisition of a Pavement Sweeper under Grant Application No. 28. 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. 176-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 177-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule item No.3). RESOLUTION NO. 178-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 179-2006 Said Resolution is incorporated herein by reference. 05/16/2006 Receipt of Unanticipated Funds (OMB Schedule Item No.5) RESOLUTION NO. 180-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 181-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 182-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No 8). RESOLUTION NO. 183-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 184-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 185-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. II). RESOLUTION NO. 186-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 187-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 463-2005 (OMB Schedule Item No. 13). RESOLUTION NO. 188-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 189-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. IS). RESOLUTION NO. 190-2006 Said Resolution is incorporated herein by reference. 2006/102 05/16/2006 2006/103 Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 191-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 192-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 193-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19) RESOLUTION NO. 194-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 195-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 196-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 197-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 198-2006 Said Resolution is incorporated herein by reference. Board granted approval for the Mayor to execute the attached Letter of Commitment from Bank of America for a direct pay letter of credit not to exceed $35,402,740.00 in Principal and Interest combined. The Letter of Credit will provide liquidity and credit support for the Variable Rate Demand Obligations (V.R.D. O. 's) to be issued by the County to pay for a portion of the Terminal Improvements. Board granted approval of the method by which the total amount of funding overseen by the Human Services Advisory Board is calculated for County fiscal year 2007. This calculation is four percent (4%) of the general fund budget minus Human Services Advisory Board funding for County fiscal year 2006, and will equal $1,861,265.00. Said sheet is incorporated herein by reference. 05/16/2006 2006/105 Board granted approval and authorized execution of a Renewal Contract for Architectural Service between Monroe County and MBI!K2M Architecture for Monroe County construction projects not to exceed $1,000,000.00. Board granted approval of the recommendation made by the County's Financial Advisor (PFM) Public Financial Management, in the letter dated May 3,2006 to act as Paying Agent and Registrar on the Monroe County, Florida, (Key West International Airport) Revenue Bonds, Series 2006; and granted approval ofPFM's recommendation to use Wold Financial Printing for printing ofthe (p.O.S.) Preliminary Official Statement and the (O.S.) Official Statement Board granted approval to revise the current pay plan in accordance with Section 4.03 & 4.04 of the Personnel Policies and Procedures and provide salary increases to current employees due to no adjustments made to the pay plan for Fiscal Years 2002/2003 and 2003/2004. Board granted approval to revise Sections 4.08D(4) and 4.09 C of the Personnel Policies and Procedures to clarify that the effective date of any reclassification, promotion, or transfer which also results in an increase in salary will be the employee's new anniversary date. TOURIST DEVELOPMENT COUNCIL Board granted approval of the appointment of David Cohn as an "At Large" appointment to the Tourist Development Council District IV Advisory Committee. Board granted approval of an Amendment to Agreement with Key West Fishing Tournament, Inc. to revise dates of Agreement Board granted approval of a change to the Monroe County Tourist Development Council Operations Manual relating to Internet Advertising. Board granted approval of a TurnKey Agreement with the Greater Marathon Events Council, Inc. covering the Pro Wakeboard Tour/Marathon, Florida Keys on November 3-5, 2006 in an amount not to exceed $65,000.00 DAC III, FY 2006 Event Resources. Board granted approval of an Agreement with Florida Keys Birding and Wildlife, Inc. covering the Florida Keys Birding and Wildlife Festival between September 2006 and October 2006 in an amount not to exceed $5,150.00 FY 2006 Two Penny Cultural Umbrella Resources. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Amendment to Contract for Services between Monroe County and E Sciences to complete a xeriscape plan for the bicycle path in the U.S. 1 Corridor on Big Coppitt 05/16/2006 2006/1 06 WASTEWATER ISSUES Board adopted the following Resolution authorizing payment of $5,000,000 to assist the Florida Keys Aqueduct Authority for Design, Development and Construction of a wastewater System to serve the Big Coppitt, Rockland, Shark and Geiger Key areas, known as the Big Coppitt Regional Wastewater System. RESOLUTION NO. 199-2006 Said Resolution is incorporated herein by reference MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a Request for expenditure from the Law Enforcement Trust Fund, as follows: $500.00 FDLE - Florida Missing Children's Day Ceremony. The ceremony honors police officers and civilians statewide who have assisted in missing child cases and raises statewide awareness to help prevent child abduction and sexual exploitation. COMMISSIONERS' ITEMS Board adopted the following Resolution supporting a five million dollar increase in State Aid Grant Funding for public libraries as proposed in HB 500 I. RESOLUTION NO. 200-2006 Said Resolution is incorporated herein by reference. Board granted approval of Mayor McCoy's appointment of Donna Windle to the Planning Commission. Board adopted the following Resolution of Opposition against passage of Federal Legislation HR5018 currently before the 109th Congress which proposes to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act. Sections of the proposed legislation would make commercial and recreational fishing the primary use of sanctuaries, reversing the goals of the Sanctuary Act of marine life and resource protection RESOLUTION NO. 201-2006 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular meeting of March 15, 2006 and Special Meetings of March 17 & March 21,2006 (previously distributed). 05/16/2006 2006/107 Board granted approval ofTDC expenditures for the month of April, 2006, as follows: Advertising, in the amount of$922,187.32; Bricks & Mortar, in the amount of $27,500.00; Visitor Information Services, in the amount of$42,249.98; Events, in the amount of $40,325.42; Office Supplies & Oper Costs, in the amount of $40,669.69; Personal Services, in the amount of $71,666.58; Public Relations, in the amount of$16,015.56; Sales & Marketing, in the amount of $44,139.83; Telephone & Utilities, in the amount of$30,837.43; Travel, in the amount of $15,261.84. Board granted approval ofthe following Warrants (100493 - 100623 & 503387-504383): General Fnnd (001), in the amount of$3, 162,490.56; Fine & Forfeiture Fund (101), in the amount of$3,147,441.21; Road and Bridge Fund (102), in the amount of$32,486.45; TDC District Two Penny (115), in the amount of$158,219.05; TDC Admin. & Promo 2 Cent (116), in the amount of$983,102.83; TDC District 1,3 Cent (117), in the amount of $76,431.65; TDC District 2, 3 Cent (118), in the amount of $22,994. 74; TDC District 3, 3 Cent (119), in the amount of$3,889.78; TDC District 4, 3 Cent (120), in the amount of $1,731.78; TDC District 5, 3 Cent (121), in the amount of$5,111.08; Gov. Fund Type Grants (125), in the amount of$I,901,880.88; Impact Fees Parks & Rec (131), in the amount of $230,177.31; Fire & Amb Dist 1 L&M Keys (141), in the amount of $103,469.69; Upper Keys Health Care (144), in the amount of$I,284.26; Fire & Amb Dist 6 Key Largo (146), in the amount of $56,052.46; Uninc Svc Dist Parks & Rec (147), in the amount of $26,269.2 I; Plan, Build, Zoning (148), in the amount of $409,237.00; Municipal Policing (149), in the amount of $514,135.08; 911 Enhancement Fee (150), in the amount of$2,975.29; Duck Key Security (152), in the amount of$3,867.27; Local Housing Assistance (153), in the amount of $46,396.37; Boating Improvement Fund (157), in the amount of$19,766.71; Misc. Special Revenue Fund (158), in the amount of$21,889.68; Environmental Restoration (160), in the amount of $429.82; Court Facilities Fees-602, in the amount of$168.24; Marathon Municipal Service (166), in the amount of$58,369.25; Bay Point Wastewater MSTU (168), in the amount of$186.11; Key Largo Wastewater MSTU (170), in the amount of$117,213.51; 1 Cent Infra Surtax (304), in the amount of $67,957.82; 2003 Revenue Bonds (307), in the amount of $547,734.41; Card Sound Bridge (401), in the amount of$5,316.14; Marathon Airport (403), in the amount of $28,438.67; Key West IntI. Airport (404), in the amount of$I,085,827.81; MSD Solid Waste (414), in the amount of$866,090.76; Worker's Compensation (501), in the amount of$55,21O.51; Group Insurance Fund (502), in the amount of$195,865.38; Risk Management Fund (503), in the amount of$135,433.03; Fleet Management Fund (504), in the amount of$I13,352.87; Fire & EMS LOSAP Trust Fund (610), in the amount of$51O.00; Various Funds, in the amount of$130,398.39. Board granted approval to remove surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by reference. COUNTY ADMINISTRATOR Board adopted the following Resolution authorizing the temporary closing of the Northbound Lanes of US I from mile marker 98.2 to mile marker 100 from 10:00 A.M. to 11:30 A.M. for the Annual 4th of July Parade sponsored by The Reporter Newspaper. 05/16/2006 2006/108 RESOLUTION NO. 202-2006 Said Resolution is incorporated herein by reference. Board granted approval of the reappointments of Liz Kern and Debbie Premaza to the Health Council of South Florida Board of Directors, commencing on July 1, 2006 and expiring June 30, 2008. COUNTY ATTORNEY Board granted approval and authorized execution of Settlement Agreement in the case of Monroe Countv v. Joe W. Posada. III. Case No. CA K-03-1503. Board granted approval and authorized execution of Second (Osborne) and Third (Conch Contrada) Amended Settlement Agreements in Richard M. Osborne & Conch Contrada LC v. Monroe Countv & Joe Paskalik. CA K 01-108. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Hyatt and Hyatt, Inc. to temporarily lease additional space for parking at the Key West International Airport. Board granted approval and authorized execution of a First Amendment to Agreement between Monroe County and Advanced Data Solutions, Inc. for IT Consulting, and Support Service, Contract #101-555-2567A, for the purpose of correcting scrivener's errors and to add more specifics regarding the billing of expenses. Board granted approval and authorized execution of a First Amendment to Agreement between Monroe County and Advanced Data Solutions, Inc. for IT Consulting, Survey, IT Design (and necessary assessments related to the Sterling Project), Contract #101-555-2565A, for the purpose of correcting scrivener's errors and add more specifics as to billing of expenses. Board adopted the following Resolution expressing concern about the large scale mixed use development, proposed by Atlantic Civil, Inc., and contributing funds to the Tropical Audubon Society for assistance in their efforts to stop this project. RESOLUTION NO. 203-2006 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C49 Clark Martin, Fire Chief addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent declaring that an emergency exists and waiving notice by a four-fifths vote for an Emergency Ordinance providing for the regulation of burning throughout Monroe County, during State of Emergency due to dry conditions and 05/16/2006 2006/109 threat of wildfires; providing for title, enactment and authority, for jurisdiction, purpose, intent, implementation, prohibitions, exceptions, inclusion in the code and providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 018-2006 Said Ordinance is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL The Clerk announced that there is one (1) vacant position of the Tourist Development Council District III Advisory Committee for an "At Large" appointment. STAFF REPORTS Public Works - Dent Pierce, Public Works Director discussed the possibility of auctioning a section of property at the Big Pine Key Mariner's Park. Commissioner Neugent discussed grocery carts being left at bus stops throughout the Keys. This matter was referred to Public Works. Engineering - Dave Koppel, County Engineer discussed costs for cleanup of hurricane debris for 2005 totaling $10 million dollars and, status of the North Key Largo Fire Department and Upper Keys Government Center. Commissioner Rice inquired into the status of the re-bidding of the project for improvements to the entrance of Duck Key. Commissioner Spehar inquired into the status of construction projects concerning the Big Pine Key Fire Station and the road abandonment/Stock Island Fire Station. Mr. Koppel provided an update. DIVISION OF GROWTH MANAGEMENT Commissioner Rice discussed his item with the Board concerning guidance to Staff and review offunds available for purchase ofland for workforce and affordable housing. Jerry Sanders, Assistant County Attorney and Tom Willi, County Administrator, addressed the Board. Mr. Willi indicated that he would meet with the County's financial advisors to prepare a document (white paper) regarding revenue sources and bonds for workforce and affordable housing. Commissioner Neugent discussed the use of Sadowski Funds. COMMISSIONERS' ITEMS The Board presented Mrs. Mary Nelson with a Resolution in recognition ofthe passing of her late husband, Commissioner Murray E. Nelson. 05/16/2006 2006/110 RESOLUTION NO. 204-2006 Said Resolution is incorporated herein by reference DIVISION OF GROWTH MANAGEMENT The following public speaker addressed the Board: Kay Thacker. Assistant County Attorney, Jerry Sanders discussed with the Board guidance to Staff and conceptual approval for the purchase ofland by Monroe County for the Tradewinds Hammocks Phase II in Key Largo. Mr. Willi and Ty Symroski, Growth Management Director addressed the Board. No official action was taken. This item was referred to Staff. The Board discussed a Development Agreement proposed under Section 380, Florida Statutes, for the purchase ofland located on Stock Island by Monroe County from Overseas Redevelopment Company, LLC. Mr. Sanders and Mr. Symroski addressed the Board. The following public speakers addressed the Board: Kay Thacker, Burke Cannon, representing Hammer Point; and Randy Whitesides. Suzanne Hutton, County Attorney also addressed the Board and read into the record the following changes in the Agreement for Sale and Purchase, as follows: Delete the following: Page 1, Section 1 - In consideration of the mutual promises contained herein, Sellers hereby agree to sell to Purchase the real property located in Monroe County, Florida, described below, together with all improvements, easements, rights and appurtenances ("Property"), in accordance with the provisions ofthis Agreement. This Agreement becomes legally binding upon execution by the parties~ but exerei3e 6fthe 61'ti61l i3 3tlbjeet t6 lljll'r6.al b) Purella3er!lllcl i3 Gffeetive 6fti} ifPt1fdia3~f gives nfttten natiee elf exerei3e to Sdkr. Add the following: Page 2, Section 6 - TITLE INSURANCE. Seller shall, at Sellers sole cost and expense and at least 25 business days prior to closing, furnish to Purchaser a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, insurance company, insuring marketable title to the Property in the amount of the Purchase Price. Seller shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Purchaser shall reimburse Seller for Seller's cost for the owner's title insurance policv required hereunder. Purchaser's reimbursement shall not exceed an amount which is equal to the minimum promulgated rate permitted bv the Florida Insurance Commissioner's rules and regulations. Purchaser shall not be required to reimburse Seller until Seller has submitted the necessary documentation to Purchaser which evidences payment in full of the title insurance cost bv Seller and until the final owner's title insurance policy has been received bv Purchaser. This reimbursement is contingent upon a sale of the Propertv to Purchaser. 05/16/2006 2006/111 After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of the Development Agreement Pursuant to Section 380.032(3), Florida Statutes, contingent upon final approval of the terms and conditions of the contemplated Agreement for Sale and Purchase and a 99 year lease from the County to ORC, as written in Section 4. General Provisions at Page 5 of6; and execution of the Agreement for Sale and Purchase, as revised. Roll call vote was unanimous. The following public speakers addressed the Board concerning discussion and guidance to Staff and conceptual approval of a proposed agreement to redevelop Seahorse Trailer Park in Big Pine Key and Rowell's Marina in Key Largo. (Staff recommends that the item be continued to the June 21,2006 meeting.) Burke Cannon, representing Hammer Point; Geri Smith, Fred Nickerson, Richard Lancaster, representing Island of Key Largo Federation of Homeowner Associations; Randy Whitesides and Pauline Klein. No official action was taken. ENGINEERING Mr. Koppel addressed the Board concerning a Report on the analysis of the Exterior Insulation Finish System (E.I.F.S.)and the Brick Stone veneer for the Freeman Justice Center. The following individuals addressed the Board: John Pistorino, representing Pistorino & Alam Consulting Engineers; Tony Burke and Greg Gamin, representing The Tower Group. After discussion, motion was made by Mayor McCoy and seconded by Commissioner Rice to proceed with the brick and stone veneer, if the contractor can get within the original $489,000.00 estimate adjusted for time, and should the contractor exceed that amount, the Board will take further action. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice Yes Commissioner Spehar Yes Mayor McCoy Yes Motion carried. WASTEWATER ISSUES The Board discussed Stock Island property owners to whom the opportunity to finance the capacity reservation fee will be made available to through the execution of a C&A Agreement. Liz Woods, Senior Administrator of Wastewater Projects addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to offer the C&A Agreements only to unconnected property owners. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Rice discussed his item concerning direction to Staff regarding wind turbines as an alternative source of energy production. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent directing Staff to explore the 05/16/2006 2006/112 possibility of using wind turbines as an alternative source of energy production and report back to the Board. Motion carried unanimously. Commissioner Rice and Attorney Jerry Colemen, representing the Workforce Housing Committee discussed a report on the status of affordable housing projects and issues. Howard Gelbman discussed a Resolution approving the Master Plan for improvements to create the Key Largo Children's Memorial Tree Garden. After approval by the BOCC, the site plan is to be forwarded to the State Department of Community Affairs for review and approval. Matt Anders and Evan Flugman, representing Florida International University addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 204a-2006 Said Resolution is incorporated herein by reference. Commissioner Rice discussed his item concerning direction to Staff regarding the waterfront development moratorium due to expire July 11, 2006. Mr. Symroski and Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to advertise this item as a Public Hearing for consideration at the June BOCC meeting of the Board in Marathon. Motion carried unanimously. Commissioner Rice discussed his item regarding modification of the public hearing process for affordable housing projects to expand public hearing opportunities from four to eight per year by including hearings in the adjacent geographical area of a proposed project in addition to the local community area. Mr. Willi and Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar that the County Attorney include this matter in the Board's Administrative Policies and Procedures; and, in the interim, the local hearing process for affordable housing projects be expanded to the geographical area. Motion carried unanimously. COUNTY ADMINISTRATOR The Board accepted the written County Administrator Report dated May 3, 2006. Mr. Willi reported on his recent attendance at the Governor's Hurricane Conference in Ft. Lauderdale. Motion was made by Commissioner Rice and seconded by Commissioner Spehar adopting the following Resolution electing Commissioner Spehar as Mayor Pro Tern for the Board of County Commissioners. Roll call vote was unanimous. RESOLUTION NO. 205-2006 Said Resolution is incorporated herein by reference. Mr. Willi addressed the Board concerning approval/confirmation of Mickey Baker as Technical Services Director Mr. Baker addressed the Board. After discussion motion was made , by Commissioner Spehar and seconded by Commissioner Rice confirming Mr Baker as Monroe County Technical Services Director Roll call vote was unanimous 05/16/2006 2006/113 Motion was made by Commissioner Neugent and seconded by Commissioner Rice adopting Monroe County's revised Mission, Vision and Value Statements. Motion carried unanimously. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval ofthe purchase offive (5) travel trailers from Lazy Days RV Center, Inc., and authorized entering into lease agreements with affected employees. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance extending and modifYing Ordinance No. 32-2005, Interim Amendments to Chapter 9.5, Monroe County Code [Land Development Regulations], in response to Hurricane Wilma and for 2006 emergency preparedness purposes by amending Interim Section 9.5-227, Emergency Temporary Housing; Providing for temporary placement ofRVs; Providing for temporary airport construction housing, and temporary recovery or reconstruction housing; Providing specific standards and procedures for approval of temporary airport construction housing and temporary recovery or reconstruction housing as temporary emergency housing; Providing for repeal of all Ordinances inconsistent herewith; Providing for repeal of all Ordinances inconsistent herewith; Providing 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 360 days of the effective date. Suzanne Hutton, County Attorney addressed the Board. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to continue the Public Hearing to the July BOCC meeting of the Board in Key West. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance amending Section 2-299(G)(4) and 2-299(G)(5)ofthe 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. 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. 019-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance repealing Sections 15.5-81 through 15.5-85 of the Monroe County Code which created the Marathon Municipal Service Taxing Unit for the collection of Ad Valorem Taxes and provided funding for wastewater services for the area within the District; 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 Board accepted public input with the following speakers addressing the Board: Mayor Chris Bull; City Manager Michael H. Puto; and Marathon's Financial Consultant, Cindy Lawson. Monroe County Budget & Finance Director, Sal Zappulla; Mr. Willi; Ms. Hutton, and Clerk of Court, Danny L. Kolhage also addressed the 05/16/2006 2006/114 Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to continue the Public Hearing to the BOCC meeting in Marathon on June 21,2006. Motion carried unanimously. COMMISSIONERS' ITEMS Billy Causey addressed the Board concerning Resolution No. 201-2006 approved earlier today in opposition against passage of Federal Legislation HR5018 currently before the 109th Congress which proposes to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act. Sections of the proposed legislation would make commercial and recreational fishing the primary use of sanctuaries, reversing the goals of the Sanctuary Act of marine life and resource protection. PUBLIC HEARINGS A Public Hearing was held to consider approval of an Ordinance creating Section 13.5-5(q) of the 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 the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-2006 Said Ordinance is incorporated herein by reference. Commissioner Rice excused himself from the meeting. A Public Hearing was held concerning approval to advertise a second public hearing to amend Sections 3-5(6),3-13,3-14,3-27 and 3-28, Monroe County Code; Providing for clarification of premises requiring warrant; Providing license fee for exemption from spay/neuter requirement to be $100; Providing for veterinarian certification of health reason for exemption from requirements of spaying or neutering of cats and dogs; Providing for a fine of $500 for the impoundment of any dog or cat which is not spayed or neutered; 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 Board accepted public input with the following speakers addressing the Board: Gwen Hawtof, representing the FKSPCA; Dr. Robert Prosek; Dr. Lisa Bramson, Angela Williamson, and Linda Gottwald. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to advertise a second Public Hearing on this item. Motion carried unanimously, with Commissioner Rice not present. Commissioner Spehar agreed to hold a meeting with representatives from the National Animal Interest Alliance. A Public Hearing was held to consider approving the request for Administrative Relief made by Miguel Cano on the property described as Lot 6, Block 8, Winston Waterways Subdivision, Key Largo, Real Estate Number 00547211.002400. The recommended relief is in the form of a Dwelling Unit Allocation. There was no public input. Motion was made by 05/16/2006 2006/115 Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously, with Commissioner Rice not present. RESOLUTION NO. 206-2006 Said Resolution is incorporated herein by reference. Commissioner Rice returned to the meeting and took his seat. COUNTY ATTORNEY The Board discussed a presentation of a Settlement Agreement in Walgreens & Gadinsky v. Momoe County and Florida Keys Citizen's Coalition (Intervenors), CA K 05-266. Alicia Putney, representing Florida Keys Citizen's Coalition and Attorney Nick Mulick, representing Walgreens addressed the Board. Ms. Hutton also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar supporting the Settlement Agreement. Motion carried unanimously. The Board accepted the written May 2006 Litigation Report, dated May 12, 2006 from Chief Assistant County Attorney, Bob Shillinger. The Board discussed the approval to hire Timothy Volpe, Esq. of the firm of Volpe, Bajalia, Wickes, Rogerson & Galloway, P.A. to provide legal services on issues relating to wind storm insurance coverage, actuarial computation, pricing and other matters wind storm insurance matters vital to the citizens ofMomoe County. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of a Standard Legal Services Agreement with Timothy Waye Volpe, Esq. and authorizing the County Administrator and County Attorney to coordinate a strategy session meeting with Mr. Reyes, Mr. Volpe and principles FIRM representatives. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning a request to approve a Development Agreement between Key Largo Ocean Resorts Co-op Inc., and Monroe County. Ms. Hutton addressed the Board concerning the legal notice and renotice for today's meeting. The following individuals addressed the Board: Attorney Frank Greenman, representing Key Largo Ocean Resorts; Don Craig, representing Key Largo Ocean Resorts; Nora Sanchez, representing Key Largo Ocean Resorts; Nicholas W. Mulick, representing several Key Largo Ocean Resort owners; and John Jabro, representing Roger and Peggy Olds. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to re-advertise this item for a Public Hearing before the Board at its' June 2006 meeting in Marathon. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to continue the following item to the June 21,2006, BOCC meeting in Marathon: 05/16/2006 2006/116 Approval of an Ordinance to amend Section 9.5-4, Definitions, ofthe Monroe county Code, adding a definition for adjacent lot, aggregate or aggregation, and amending the definition for contiguous, the ordinance further amends Section 9.5-349 Shoreline Setbacks, to modifY the docking facilities explanation to be consistent with the proposed changes in Section 9.5-4. (First of 1 required Public Hearing). Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to continue the following items to the August 16, 2006, BOCC meeting in Key Largo: Monroe County Planning Department and The Ocean Reef Club are requesting a Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of Government Lot 4 and Part NE V- of SW V- Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710 and Part NE V- of SW \14 Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Number: 00081740.000000. (First of one public hearing) Monroe County Planning Department and The Ocean Reef Club are requesting a Future Land Use Map Amendment from Residential High (RH) to Mixed Use/Commercial (MC) for property legally described as Part NE V- of SW V- of Section 7, Township 59S, Range 41E, Island of Key Largo PB4-83, Monroe County, Florida, having Real Estate Number: 00081710.000000 and Part ofNE 1/4 of SW 1/4 , Section 7, Township 59S, Range 41E, Island of Key Largo, Monroe County, Florida, having Real Estate Number: 00081740.000500. (first of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Recreation (R) to Mixed Use/Commercial (MC) for property legally described as Part NE V- of SW V- of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real Estate Numbers: 00081720.000302 and 00081740.000300. (First of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential High (RH), Recreation (R) and Airport District (AD) to Mixed Use/Commercial (MC) for property legally described as Part NE V- of SW V- of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00081720.000300. (First of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential Medium (RM) to Recreation (R) for property legally described as Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00569443.005201. (first of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential Low (RL) and Recreation (R) to Mixed Use/Commercial (MC) for property legally described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13, Monroe County, 05/16/2006 2006/117 Florida, having Real Estate Numbers: 00080040.000000, 00080040.000100, 00572797.003600, 00573650.002800, 00572797.003700 and 00572797003603. (first oftwo public hearings) Monroe County Planning Department is requesting a Land Use District Map Amendment from Sparsely Settled (SS) to Parks and Refuge (PR) for property legally described as Island of Key Largo, PB4-83 Pt. Gov. Lot 9, Section 6, Township 59S, Range 41E, Monroe County, Florida, having Real Estate Number: 00081660000100. (first of one public hearing) Monroe County Planning Department is requesting a Land Use District Map amendment from Improved Subdivision (IS) to Parks & Recreation (PR) for property legally described as Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00569443.005201. (first of one public hearing) Monroe County Plarming Department is requesting a Future Land Use Map Amendment from Recreation (R) to Residential Medium (RM) for property legally described as BLK 1 Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having Real Estate Numbers: 00569443.005200, 00569446.000100, 00569446.000300, 00569446.000400,00569446.001800, and 00569446.001900. (First of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having Real Estate Numbers: 00573630.002600 and 00573630.002601. (first of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential Low (RL) to Residential Conservation (RC) for property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having Real Estate Numbers: 00080120.000100, 00080190.000000 and 00573690.003900. (first of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Recreation (R) and Airport District (AD) to Public Facilities (PF) for property legally described as Part SE V. ofNW V. of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real Estate Numbers: 00081720.000000 and 00081720.000200. (First of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Recreation (R) to Mixed Use/Commercial (MC) for property legally described as Part NE V. of SW V. and Part SW 1,1., ofNE 1,1., ofNE and Part SE V. ofNW V. of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real Estate Numbers: 00081720.000301 and 00081720.000303. (first of two public hearings) Monroe County Planning Department is requesting a Future Land Use Map Amendment from Residential High (RH) to Mixed Use/Commercial (MC) for property legally described as Part Lot 4 and Part NE V. ofSW V. of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00081760.000000. (first of two public hearings) 05/16/2006 2006/118 Monroe County Planning Department is requesting a Land Use District Map Amendment from Sparsely Settled (SS) to Suburban Commercial (SC) for property legally described as Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having Real Estate Number: 00569510.000000. (Map 12). (first of one public hearing) 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 ~aLJJC. ~~ Isabel C. DeSantis, Deputy Clerk