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06/21/2006 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/121 Regular Meeting Board of County Commissioners Wednesday, June 21,2006 Marathon, Florida A Closed Executive Session convened at 8:30 AM. on the above date with the Regular Meeting of the Monroe County Board of County Commissioners convening at 9:00 AM., at the Marathon Government Center. Present and answering to roll call were Commissioner George R. Neugent, Commissioner Glenn Patton, Commissioner David P. Rice, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also present were 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. CLOSED SESSION Mayor McCoy announced pursuant to Florida Statute, the following was closed to the public: An executive session with the Board, County Administrator Tom Willi, County Attorney Suzanne Hutton, Assistant County Attorney Bob Shillinger, and Robert H. Freilich, Esq., Derek V Howard, Esq., the County's outside counsel in this litigation, and a certified court reporter to discuss the matter of Galleon Bay vs. Monroe County vs. State of Florida, CAK-02-595. COUNTY ATTORNEY Bob Shillinger, Assistant County Attorney requested direction from the Board concerning the Galleon Bay vs. Monroe County vs. State of Florida, CAK-02-595 to negotiate a settlement with the State of the 3rd party claim at a 50 % rate, as well as, an agreement on ownership issues of the land. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice authorizing the 50% settlement filing of an appeal in the matter. Motion carried unanimously. . All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Retirement Award to Sheila A Barker, Division Director, Community 06/21/2006 2006/122 Services Division. Presentation of the Florida Keys Council for People with Disabilities Award to Sheila A. Barker, Division Director of Community Services, for her inspired leadership and dedicated servIce. Presentation of the Florida Keys Council for People with Disabilities Award to Sandy Molina, Executive Assistant of the Community Services Division, for her dedicated service. Presentation of Employee of the Month Award to Mary Tucker, Building Department Coordinator. Day. Presentation of Mayor's Proclamation proclaiming July 26, 2006 as ADA Anniversary 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 pay Florida Industrial Electric, Inc., $33,568.55 (Invoices 55036-03A FKMA and 55036-03B KWIA), to repair damage to the Key West International Airport Airfield Lighting caused by Hurricane Wilma. Board granted approval and authorized execution of Joint Participation Agreement No. AOC81 between Monroe County and the Florida Department of Transportation for funding the new Terminal Building at the Key West International Airport. Board granted approval to pay Roberts Traffic Marking Invoice No. 06-106a in the amount of$29,962.85, for pavement marking and rubber removal on the runway and taxiway at the Key West International Airport. Board granted approval to issue notice to The Morganti Group, Inc. to proceed into the construction phase of the Key West International Airport - new terminal building and renovation project. Board granted approval to increase the monthly "911" fee from .38 to .50 in preparation for future upgrades and/or purchase of a new "911" system. Board granted approval to terminate Lease Agreement between Monroe County and Sanctuary Friends of the Florida Keys, Inc., concerning lease of office space in the Florida Keys Marathon Airport Terminal. Board granted approval to negotiate with FedEx Ground Package System, Inc. regarding a property lease at Florida Keys Marathon Airport. 06/21/2006 2006/123 Board granted approval to negotiate with the Middle Keys Experimental Aircraft Association, Inc. (EAA) for a site at the Florida Keys Marathon Airport for an Aviation Museum. Board granted approval for Purchase of Airport Liability Insurance with Ace USA through Arthur 1. Gallagher and Company. Provides $50 million in liability insurance coverage for Airport Operations (Key West and Marathon). Board granted approval for payment in the amount of$6,037.50 for legal services provided by the firm ofCharouhis, Fandino, Lopez & Wright, PA for representing the County in a worker's compensation claim. Board granted approval to submit grant application to the Department of Homeland Security for a SAFER (Staffing for Adequate Fire and Emergency Response) Grant. Use of funds are to add up to 18 additional firefighter EMT and/or firefighter paramedic positions. Board granted approval and authorized execution of Amendment 002 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 CommissionerslMonroe County Community Services (In-Home Services and Nutrition Programs). Board granted approval and authorized execution of Amendment 006 to OAA Contract No. AA-529 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County CommissionerslMonroe County Community Services (In-Home Services and Nutrition Programs). Board granted approval and authorized execution of Contract No. KG-058 Community Care for Disabled Adults (CCDA) Contract between State of Florida, Department of Children & Families and the Monroe County Board of County CommissionerslMonroe County In-Home Services. This contract is for Fiscal Year July 1,2006 through June 30, 2007. Board granted approval and authorized execution of the Home Care for the Elderly (HCE) Contract No. KH-672 between the Alliance for Aging, Inc. (Area Agency on Aging) and Monroe County Board of County Commissioners (In-Home Services Program). Board granted approval and authorized execution of the Community Care for the Elderly (CCE) Contract No. KC-67I between the Alliance for Aging, Inc. (Area Agency on Aging) and Monroe County Board of County Commissioners (In-Home Services Program). Board granted approval and authorized execution of the Alzheimer's Disease Initiative (ADI) Contract No. KZ-697 between the Alliance for Aging, Inc. (Area Agency on Aging) and Monroe County Board of County Commissioners (In-Home Services Program). Board granted approval of revised Policy and Procedures for Bayshore Manor Admission, Retention, Discharge, and Refund and Bayshore Manor Financial Eligibility for Rent Subsidy; and approval of increase in personal care allowance from $30.00/month to $35.00/month. 06/21/2006 2006/124 Board adopted the following Resolution authorizing the submission of the Consolidated Solid Waste Management Grant Application to the Florida Department of Environmental Protection fi)r Fiscal Year 2007. RESOLUTION NO. 207-2006 Said Resolution is incorporated herein by reference. Board granted approval to advertise for sealed bids for one (I) new generator for the Sigsbee Tower Site. Board granted approval to award bid and execute contract with Weathertrol Maintenance Corporation for new Cooling Towers at the Monroe County Detention Facility. Board adopted the following Resolution adopting Interim Affordable Housing Property Acquisition Appraisal Policies (for property offered to the County for purchase for lease back to applicants for subsequent development of on-site affordable housing). RESOLUTION NO. 208-2006 Said Resolution is incorporated herein by reference. Board adopted the following Resolutions for the transfer of funds and for the receipt of unanticipated revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. I). RESOLUTION NO. 209-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 210-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule item No.3). RESOLUTION NO. 211-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 212-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 213-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 214-2006 06/21/2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 215-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 216-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 217-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 194-2006 (OMB Schedule Item No. 10). RESOLUTION NO. 218-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 219-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 220-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 221-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 181-2006 (OMB Schedule Item No. 14). RESOLUTION NO. 222-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 193-2006 (OMB Schedule Item No. 15). RESOLUTION NO. 223-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 224-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 225-2006 Said Resolution is incorporated herein by reference. 2006/125 06/21/2006 2006/126 Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 226-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 227-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 228-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 229-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 230-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 231-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 232-2006 Said Resolution is incorporated herein by reference. Board granted approval of a Budget Amendment for the Supervisor of Elections to increase the budgeted amount of funds for the Fiscal Year 2006 Capital Outlay function in accordance with F.S. Chapter 129.201(2)(a). Board granted approval and authorized execution of the First Renewal to Hosted Application Service Agreement between Monroe County and Sarasota County for one additional year. Board granted approval and authorized execution of a Works Service Sublicense Agreement between Monroe County and Bank of America for the use of the Works Application. The Works Application is used for access to the bank card/purchasing card subscriber's application through the use of an Internet browser. Board granted approval and authorized execution of an Amendment to Interlocal Agreement, dated 11/19/2003, between Monroe County and Florida Keys Aqueduct Authority to remove the Marathon MSTD. 06/21/2006 2006/127 Board adopted the following Resolution concerning the receipt of unanticipated funds (for the Sheriff's Livescan Grant). RESOLUTION NO. 233-2006 Said Resolution is incorporated herein by reference. Board granted approval of the recommendations of the Substance Abuse Policy Advisory Board concerning the uses of the Edward Byrne Memorial Justice Assistance Grant (JAG) funds, authorization for the County Administrator to execute the Fiscal Year 2007 FDLE JAG applications, and authorization for the Grants Administrator to proportionately apply an reductions or increases in amounts required by FDLE to applicants relative to amounts approved, and adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for same. RESOLUTION NO. 234-2006 Said Resolution is incorporated herein by reference. Board granted approval to apply for Residential Substance Abuse Treatment Grant and for the Mayor, Chief Financial Officer, and Grants Administrator to sign the application and related certifications and attachments, and complete the grant application online at the Florida Department of Law Enforcement website. Board granted approval and authorized execution of the Edward Byrne State and Local Law Enforcement Formula Grant Funds Agreement between Monroe County and the Monroe County Sheriff's Office, using funds provided under the Edward Byrne Memorial Law Enforcement Grant, for the purchase of two Livescan fingerprint units. Board granted approval and authorized execution of a Certificate of Acceptance of Subgrant Award No. 06-CJ-K3-11-54-01-264 between Monroe County and the Florida Department of Law Enforcement for the Criminal History Record Improvement - Livescan Program, using funds provided under the Byrne State and Local Law Enforcement Formula Grant, for the period from March 1, 2006 through August 31,2006. Board granted approval and authorized execution of a Financial Agreement for Local Match Fiscal Year 2005-2006 between Monroe County and Florida Healthy Kids Corp., whereby Monroe County provides match for Healthy Kids program. Board granted approval to negotiate a Contract between Monroe County and MBI!K2M Architecture, Inc. for the planning, design, and administration services for the new Lower Keys Public Works Facility on Rockland Key. Board granted approval to negotiate a Contract between Monroe County and Clemons, Rutherford & Associates, Inc. (CRA) for the planning, design, and Construction Administration services for the Jefferson B. Browne Courthouse Annex renovation. 06/21/2006 2006/128 Board granted approval of receipt of monthly report on Change Orders reviewed by the County Administrator. There was one Change Order approved by the Deputy Administrator for the period beginning May 1, 2006, and ending May 31,2006 for a total of $9,964.47 for the Freeman Justice Center (Change Order No. 13). Board granted approval to award bid and authorized execution of a Standard Form of Agreement, as revised, between Monroe County and Atlantic Civil, Inc. for construction of the Duck Key Recreational Pathway for the amount of$720,146.79, and to waive any bid irregularities. Board granted ratification of purchase of one (I) new pickup truck from Maroone Dodge, in the total amount of$26,416, under Florida Sheriffs Association Bid Award 04-12-0823 RD. The Board approved an amendment to the employment agreement with the County Administrator authorizing a County vehicle in lieu of a transportation allowance. Board granted approval and authorized execution of the First Amendment to Supplemental Agreement for Road and Bridge Funds between Monroe County and Islamorada, Village ofIslands to extend the termination date to July I, 2008. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Take Chances at the Helm, Inc. covering the 9th Annual Hobie Wave Nationals on December 1-3,2006 in an amount not to exceed $5,000, DAC V, FY 2006 Event Resources. Board granted approval and authorized execution of an Agreement for Executive Office Services Monroe County Tourist Development Council between Monroe County and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Section 2-299 (D)(E). Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Land and Sea Trust, Inc. for the Beautification and Enhancement, Phase IA and 1B at Museums and Nature Center of Crane Point extending Contract to January 31, 2007. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Key West Players, Inc. to revise Exhibit A - Schedule of Events. Board granted approval and authorized execution of Amendment No. 1 to Agreement between Monroe County and MetroMedia Marketing, Inc. to revise the name and dates of the Ladies, Let's Go Fishing July event. 06/21/2006 2006/129 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Amendment to Contract, as revised, for Services between Monroe County and Patricia L. McNeese for a time extension to complete the Lignumvitae Key Submerged Land Management Area Boat Grounding Project. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West Naval Properties Local Redevelopment Authority for use of property near Truman Annex as a temporary debris site for the County's removal of marine debris resulting from the 2005 storm season. Board adopted the following Resolution to refund the application submission fees of $18,055.00, to the Craig Company for a project that has been withdrawn by the applicant. The Craig Company submitted an application for the redevelopment of the property at mile marker 70 known as Sea Glass. Staff researched the project and determined the project would not be viable as presented. The applicant has withdrawn his application to make changes to the project and is requesting a refund of the $18,055.00 submittal fee. Staff is requesting 10% of the fees be retained for the research staff conducted to determine the viability of the project. The total refund would be $16,250.00. RESOLUTION NO. 235-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Broadcast Services Contract Amendment between Monroe County and Comcast to provide continuing media services in support of public education concerning the No Discharge Zone in place within state waters of the Florida Keys National Marine Sanctuary. Board granted approval and authorized execution of Change Order No. 1 to Contract No. DC641 between Monroe County and Department of Environmental Protection for the safety improvements project on the Florida Keys Overseas Heritage Trail. Board granted approval and authorized execution of a Legal Consulting Services Agreement between Monroe County and Tyson Smith, Esq. of the firm of White & Smith, Esq. to consult directly with the Office of the County Attorney on an as needed basis on issues relating to land use and to growth management, including research of state, federal, and local laws and cases; review of County documents including plans, regulations, policies, resolutions and other relevant material; the preparation of memoranda, ordinances, plans and other documents as specified by the County Attorney. Board granted approval of a revision to the Interlocal Agreement between Monroe County and the Florida Fish and Wildlife Conservation Commission to assist in the process of removing marine debris resulting from Hurricane Wilma and the storms of 2005. 06/21/2006 2006/130 MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a Request for Expenditure from the Law Enforcement Trust Fund, as follows: $2,000 - "Art Behind Bars". These funds will cover printing and mailing of invitations and underwrite expenses associated with "Art Behind Bars" annual Birthday Party that benefits inmates and helps in lowering recidivism. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving the Assignment and Assumption of mortgages from Monroe County to Habitat for Humanity of the Upper Keys, Inc. to eligible buyers - Deborah Santos, Lot 2, Block 2, Ocean Isles Estates and Shauna Gionfriddo, Lot 3, Block 2, Ocean Isles Estates. RESOLUTION NO. 236-2006 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval to include Monday, July 3, 2006 as a holiday for county employees, thus giving the employees a four day weekend. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular meeting of April 19, 2006 and May 16, 2006 (previously distributed). Board granted approval of Tourist Development Council Expenditures for the month of May, 2006, as follows: Advertising, in the amount of$I,595,110.22; Visitor Information Services, in the amount of$32,249.98; Events, in the amount of $92,389.58; Office Supplies & Oper Costs, in the amount of$39,598.68; Personal Services, in the amount of $78,864.58; Public Relations, in the amount of $95,881.95; Sales & Marketing, in the amount of $57,574.32; Telephone & Utilities, in the amount of $78,407.43; Travel, in the amount of$12,88963. Board granted approval of the following Warrants (100624 - 100853 & 504384-505667): General Fund (001), in the amount of$2,318,702.81; Fine & Forfeiture Fund (101), in the amount of$3,471,162.07; Road and Bridge Fund (102), in the amount of$857,956.53; TDC District Two Penny (115), in the amount of$276,411.45; TDC Admin. & Promo 2 Cent (116), in the amount of$I,439,713.53; TDC District 1, 3 Cent (117), in the amount of $299,877.50; IDC District 2, 3 Cent (118), in the amount of$4,471.85; TDC District 3, 3 Cent (119), in the amount of$II,055.71; TDC District 4, 3 Cent (120), in the amount of $7,123.40; TDC District 5, 3 Cent (121), in the amount of$44,312.93; Gov. Fund Type Grants (125), in the amount of$3,897,252.74; Impact Fees Roadways (130), in the amount of 06/21/2006 2006/131 $439.28; Fire & Amb Dist 1 L&M Keys (141), in the amount of$120,999.01; Upper Keys Health Care (144), in the amount of$I,372.11; Fire & Amb Dist 6 Key Largo (146), in the amount of$96,360.20; Uninc Svc Dist Parks & Rec (147), in the amount of$47,659.70; Plan, Build, Zoning (148), in the amount of $177,016.59; Municipal Policing (149), in the amount of $490,795.12; 911 Enhancement Fee (150), in the amount of$44,982.56; Duck Key Security (152), in the amount of$3,807.26; Local Housing Assistance (153), in the amount of $100,11160; Boating Improvement Fund (157), in the amount of $5,800. 72; Misc. Special Revenue Fund (158), in the amount of$47,816.65; Environmental Restoration (160), in the amount of $2,777.28; Court Facilities Fees-602 (163), in the amount of$100.45; Marathon Municipal Service (166), in the amount of$661,430.36; Bay Point Wastewater MSTU (168), in the amount of$61.81; Key Largo Wastewater MSTU (170), in the amount of$163,511.77; 1 Cent Infra Surtax (304), in the amount of$5,057,934.05; 2003 Revenue Bonds (307), in the amount of$I,712,613.81; Card Sound Bridge (401), in the amount of$5,505.87; Marathon Airport (403), in the amount of$27,477.33; Key West IntI. Airport (404), in the amount of $1,211,490.28; MSD Solid Waste (414), in the amount of$I,549,299.70; Worker's Compensation (501), in the amount of $26,251.30; Group Insurance Fund (502), in the amount of $84,290.72; Risk Management Fund (503), in the amount of $862,056.99; Fleet Management Fund (504), in the amount of$196,221.54; Fire & EMS LOSAP Trust Fund (610), in the amount of$I,020.00. Board granted approval to advertise surplus equipment for bid and approval to remove surplus equipment from inventory via disposal and salvage. Said inventory listing is incorporated herein by reference. COUNTY ADMINISTRATOR Board accepted the written County Administrator's Report dated June 6, 2006 - County Divisions' Monthly Activity Report for May, 2006. Board granted approval for the running of the 26th Annual 7-Mile Bridge Run for Saturday, April 21, 2007 from 6:45 a.m. to 9:00 a.m. Board granted approval of Ratification of Leases of County owned trailers and authorized execution of the Contracts for Lease of Temporary Employee Housing between Monroe County and the leasing parties approved at the May 16, 2006 meeting. Board granted ratification of Work site Agreement between Monroe County and Youth Co-op, Inc., the service provider for South Florida Workforce in Florida Keys, for the provision of temporary workers to Monroe County through the National Emergency Grant (NEG) program at no cost to the County. Board granted approval of the State of Florida Department of Transportation Litter Control and Prevention Grant Agreement/Keep America Beautiful (KAB) Systems - 05/06, KAB affiliate yearly fee, authorization for the Mayor or Mayor Pro Tem to executed the contract, and 06/21/2006 2006/132 waiver of the County policy requiring contracts to have the venue in Momoe County since this is a State grant. Board granted approval and authorized execution of a Renewal of Professional Services Agreement between Monroe County and TPC Governmental Consulting for continuing strategic governmental consulting services. Board granted approval of increase in current fun-pay rental rate for residents of Bay shore Manor from $2,846 to $3,082. Board granted approval of payment to Key Colony Bay Hotel for emergency shelter for victims displaced due to Hurricane Wilma, in the amount of$7,187.00. COUNTY ATTORNEY Board granted approval and authorized execution of a Settlement Agreement in the matter of James T. Bond & Merry Diamondstone v. Monroe County, Monroe County Building Dept., Monroe County Code Enforcement Dept. and E.G. Braswell Construction, Inc., Case No. 2006-CA-394-K. Board granted approval and authorized execution of a Settlement Agreement in the matter of Marylin Nunziante v. Monroe County and Sheila Barker, Case No. 2004-CA-I227-K. Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter 6 of the Momoe County Code entitled "Buildings and Construction" by amending Sec. 6-56 requiring thatched roofing specialty contractors take only the administrative exam for purposes of licensing; defining the scope of work that may be performed by a thatched roofing specialty contractor; providing for severability; providing for repeal of an Ordinances inconsistent herewith; providing for incorporation into the Momoe County Code of Ordinances; providing for an effective date. Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter 6 of the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-68 providing for administrative fines not less than the amount set forth in the citation but not more than $1,000 per day for unlicensed contractors and $5,000 per day for licensed contractors; providing for the imposition of restitution; providing for administrative fees for an costs incurred by the Momoe County Building Department and the County Attorneys Office in investigating and resolving the complaint; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter 6 of the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-90 providing for a fine schedule; providing for imposition of civil penalties; providing for minimum penalties; providing for administrative costs; providing for imposition of a lien; providing for 06/21/2006 2006/133 severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. Board granted approval and authorized execution of a Revenue Guaranty Agreement between Monroe County and Delta Airlines, Inc. to provide scheduled air service between Atlanta, Georgia and Florida Keys Marathon Airport. Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter 15.5, Monroe County Code; providing for replacement of Fiscal Year 2008 with Calendar Year 2010 as the ending date of the Big Coppitt Municipal Service Taxing Unit set forth in Ordinance No 038-2002, as amended in Ordinance No. 16-2003; providing for reinstatement of Shark Key in the legal description of the MSTU; 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. Board granted approval to advertise Notice of Calling for Qualifications for legal counsel for the Monroe County Value Adjustment Board. Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter 12.1, Monroe County Code; providing for the term "Local Occupational License Tax" to be replaced by "Local Business Tax"; providing for definition 0 f"Receipt;" 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. Board adopted the following Resolution of the Mayor and County Commission of Monroe County setting forth policy for teleconferencing public meetings. RESOLUTION NO. 237-2006 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Public Hearing for an Ordinance amending Section 2-609(c), Monroe County Code; providing for increase in mileage reimbursement to 44.5 cents per mile; 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. Board authorized the County Attorney's Office to take whatever steps necessary to protect the County's interest in property that is the subject of Accredited Home Lenders, Inc. v. Olga L. Ruiz, Monroe County, et al., CA K 06-543 including working with the Monroe County Housing Authority to acquire the property for affordable housing. Motion carried unanimously. 06/21/2006 2006/134 PRESENTATION OF AWARDS A presentation was made to Bert Loudenslager and Bill Lowey of Habitat for Humanity of Key West and the Lower Florida Keys, Inc. naming the building located at Parcell, TRACT No. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key, Florida as the Lowey & Loudenslager Habitatfor Humanity Building; and adopted the following Resolution for same. RESOLUTION NO. 238-2006 Said Resolution is incorporated herein by reference. Commissioner Neugent made a public announcement, for the new Executive Director of Habitat for Humanity Bob Calhoun, of a social celebration this evening at 7:00 p.m. at the Lowey & Loudenslager Habitat for Humanity Building on Big Pine Key. MISCELLANEOUS Senator Larcenia Bullard reported to the Board on the post 2006 Legislative Session Report. The Board discussed windstorm insurance rates. MISCELLANEOUS BULK APPROVALS The following speakers addressed the Board: Kay Thacker, Sue Hammaker, representing Ford Therapedic Services; Bill Lowey, and Fred Nickerson concerning approval of payment to Jerry Coleman, P.L. for professional legal services rendered regarding Workforce Housing and other Momoe County issues, in the total amount of$35,585.85 (Invoice No. 10285). County Attorney, Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to approve the item. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Jerry Sanders, Assistant County Attorney and Ty Symroski, Growth Management Division Director discussed guidance to Staff and conceptual approval of a proposed Agreement to redevelop Seahorse Trailer Park in Big Pine and Rowell's Marina in Key Largo. The following individuals addressed the Board: Carl Cataudella, representing Boca Developers; Kay Thacker, Richard Lancaster, representing Island of Key Largo Federation of Homeowner Associations; Deborah Stufllefield, Debbie Apalanario, and Bill Lowey, representing Habitat for Humanity. No official action was taken. COMMISSIONERS' ITEMS Sheriff Richard D. Roth and Chief Clark Martin, Fire-Rescue updated the Board on the Air Medi-Evac System. 06/21 /2006 2006/135 COUNTY ATTORNEY Assistant County Attorney, Pedro Mercado and Attorney Greg T. Stewart, with the firm Nabors, Giblin & Nickerson discussed with the Board the stormwater fee the City of Key West is charging the Monroe County/Key West International Airport and requested direction from the Commission on how the County Attorney's Office should proceed. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to present a Resolution to the City of Key West. Mayor McCoy advised that if the City cannot acquiesce, the Board will go to mediation. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval to surplus the 24' X 56' double -wide trailer located at the Spottswood Station, Plantation Key, and advertise for bids. Motion carried unanimously. Commissioner Patton and Public Works Director, Dent Pierce addressed the Board concerning the following two items: Resolution ratifying rules and regulations for the Skate Park located at Key Largo Community Park. RESOLUTION NO. 239-2006 Said Resolution is incorporated herein by reference. Contract Extension between Monroe County and the Upper Keys Family YMCA on a month -to -month basis for management of the Key Largo Community Park and Skate Park. After discussion, motion was made by Commissioner Patton and seconded by Commissioner Rice granting approval and authorizing execution of the above two items. Motion carried unanimously. WASTEWATER ISSUES Charles F. Fishburn, General Manager of the Key Largo Wastewater Treatment Facility made a presentation of the Key Largo Wastewater Treatment District Facilities Master Plan. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of a request to increase advance on $20 million grant from $1 million to $3.7 million, Roll call vote was unanimous, with Commissioner Patton recusing himself. The Board discussed approval of a request for consideration to receive the recently granted $18 million to Facilities Master Plan. Charles Brooks, representing the Key LargoWastewater Treatment District and Mike Puto, Marathon City Manager addressed the 2006/136 Board. After discussion, motion was made by Commissioner Patton and seconded by Mayor McCoy to allocate the $18 million to Facilities Master Plan. County Administrator, Tom Willi addressed the Board. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Patton Yes Commissioner Rice No Commissioner Spehar No Mayor McCoy Yes Motion failed. After further discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item and conduct a special workshop in July. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval and authorizing execution of an Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority for the Big Coppitt Regional Wastewater System. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval to develop a mechanism allowing owners of undeveloped Tier 3 properties to pay sewer connection fees upfront or to defer payment of connection fees until the property is developed, and as the mechanism is developed, particular attention is made to who in the system will be responsible tracking owners of undeveloped Tier 3 properties as yet not paid for lots. Motion carried unanimously. Mr. Willi addressed the Board. The Board discussed paying KW Resort Utilities Corporation (KWRU), the balance of capacity reservation fees due them to upgrade the KWRU wastewater treatment plant to advance wastewater treatment (AWT) standards. Dave Koppel, County Engineer; Liz Wood, Senior Administrator of Wastewater Projects; David Paul Horan, representing Liz and Poesy Trailer Parks; Ed Casual, representing Weiler Engineering; Assistant County Attorney, Pedro Mercado; and Bill Smith, representing KW Resort Utilities addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton granting approval of the item. Roll call vote was unanimous. Ms. Wood addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Patton granting approval to send the Consent & Acknowledgment (C &A) Agreement only to unconnected properties on the Stock Island vacuum system. Motion carried unanimously. The Board discussed constructing of wastewater "facilities" on private property and private roads within easements granted by the owner. Mr. Willi and Ms. Wood addressed the Board. After discussion, motion was made by Commissioner Patton and seconded by Commissioner Rice to deny the item. Roll call vote was unanimous. 06/21/2006 2006/137 SOUNDING BOARD Kris Duszka addressed the Board concerning the continuing non release of building permits for Big Pine Key. No official action was taken. James A Hupp addressed the Board concerning Administrative Relief of property in Big Pine Key. No official action was taken. COMMISSIONERS' ITEMS Commissioner Rice discussed his item concerning the review ofHSAB funding for FY 07; and approval of any changes in the funding mechanism as deemed appropriate by the Board. The following speakers addressed the Board: Dr. Wend Cools, Executive Director of the Southernmost Homeless Assistance League; David P. Horan, and Reverend Chris Todd. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to reinstate the 5% figure that was in place for HSAB funding instead of the 4% and to remand decisions about individual funding to the HSAB. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Patton Yes Commissioner Rice Yes Commissioner Spehar No Mayor McCoy Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution approving the issuance by Monroe County, Florida of its Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006A to finance certain Capital Improvements relating to the Key West International Airport; providing for an effective date. Attorney Steve Miller, Monroe County's Bond Counsel, and Peter Horton, Airport Director addressed the Board. 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. 238A-2006 Said Resolution is incorporated herein by reference Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following three (3) items: A Public Hearing was held to consider adoption of a Resolution authorizing the issuance of not exceeding $33,000,000 in Aggregate Principal Amount of Airport Variable Rate Revenue 06/21/2006 2006/13 8 Bonds (Key West International Airport), Series 2006 to finance the cost of making improvements to the Key West International Airport; Providing a pledge of the net revenues derived from the operation of the airport and certain other available moneys to secure payment of the principal of an interest on said bonds; Providing for the rights of the holders and said bonds; and providing for an effective date for this Resolution. RESOLUTION NO. 238B-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution supplementing a Resolution entitled "A Resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the issuance of not exceeding $33,000,000 in Aggregate Principal Amount of Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 to finance the cost of making improvements to the Key West International Airport; providing a pledge of the net revenues derived from the operation of the airport and certain other available moneys to secure payment of the principal of an interest on said bonds; providing for the rights of the holders and said bonds; and providing for an effective date for this Resolution"; providing certain terms and details of the Monroe County, Florida Airport Revenue Bonds (Key West International Airport), Series 2006, including authorizing a negotiated sale of said bonds; delegating certain authority to the Mayor, including the authorization, execution and delivery of a purchase contract with respect thereto and the approval of the terms and details of said bonds; establishing a book- entry system of registration for the bonds; appointing the paying agent and registrar for said bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto; approving the issuance of an irrevocable direct pay letter of credit by Bank of America, N.A. for the purpose of securing the payment of principal of, purchase price and interest on said bonds and authorizing the approval of a letter of credit and reimbursement agreement; authorizing the approval of a remarketing agreement and appointing the remarketing agent; authorizing an interest rate cap transaction and related documents thereto; and providing an effective. There was no public input. RESOLUTION NO. 238C-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider approval of the costs of issuance of the Key West International Airport Revenue Bonds Series ("Series 2006 Bonds"). The Series 2006 Bonds are subject to Alternative Minimum Tax ("MAT"). MAT bond issues are subject to a 2% cost of issuance limitation that applies to all delivery date expenses which are estimated at $312,555 under the Underwriters Discount which is estimated at $50,306 for a total of $362,861. $33,000,00000 X 2% = $660,000 maximum. Motion carried unanimously. A continuation of a Public Hearing from the May 16, 2006 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 District Unit for the collection of ad valorem 06/21/2006 2006/139 taxes and provided funding for wastewater services for the area within the district; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. Sal Zappulla, Director of Office of Management and Budget, Marathon City Manager, Mike Puto and Cindy Lausanne, Marathon's Financial Consultant addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Patton Yes Commissioner Rice No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. ORDINANCE NO. 021-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to discuss and approve either the original proposed Ordinance amendment ("Amendment") or the alternate proposed Ordinance amendment ("Alternate"), amending Chapter 3 of the Monroe County Code (Animal Control); and, if the "Alternate Version" is approved, approval ofa correlating Resolution amending Resolution No. 261-2005 to establish fee changes in accordance with the "Alternate Version" Ordinance amendment as approved. The following public speakers addressed the Board: David Paul Horan, representing Coalition of Key West & Lower Keys Pet Owners & Trainers; Linda Gottwald, representing Stand Up for Animals; Nancy Warner, representing Forgotten Felines; Carol Colburn, Bernie Davis, representing Stand Up for Animals, Inc.; Dr. Pam Manson, Jerry Curtis, and Gwen Hawtof, President of the Florida Keys Society for Prevention of Cruelty to Animals. County Attorney, Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance amending Chapter 3, Monroe County Code; Providing for chaining of dogs; Providing for changes in requirements of spaying or neutering of cats and dogs and adding the requirements for rabbits; Providing for a reduction in the fees and fines with respect to unspayedlunaltered animals; Providing an incentive for permanent identification; Providing for severability; providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Roll call vote was unanimous. ORDINANCE NO. 022-2006 Said Ordinance is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Patton to adopt the following Resolution repealing and replacing Resolution No. 261-2005 to provide changes to dog, cat & ferret license fees. Roll call vote was unanimous. RESOLUTION NO. 240-2006 06/21/2006 2006/140 Said Resolution is incorporated herein by reference. Chief Clark Martin reported to the Board on the Emergency Fire Hazard Ordinance to discuss whether the dry conditions in the Keys have changed and whether the Ordinance should remain in effect, be modified or be repealed. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to repeal Ordinance No. 018-2006 that was approved at the May 16, 2006 Board meeting. Motion carried unanimously. Commissioner Rice excused himself from the meeting. MISCELLANEOUS BULK APPROVALS Ms. Hutton addressed the Board concerning an Interlocal Agreement between Momoe County and the City of Marathon for Municipal Service Taxing Unit (MSTU) funds. The County and the City desire to put in place procedures for the expenditure reimbursement of the funds collected from the MSTU pursuant to Ordinance No. 035-2002, as amended by Ordinance No. 017-2005 and any Ordinance affecting the MSTU for the Marathon area. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the Interlocal Agreement, as revised. Said revision as follows: Page 2, Section 3. RECORDS - ACCESS AND AUDITS. Delete entire section: City shall maintain adequate and complete records for a period of five years after termination of this Agreement. The State, the County, their officers, employees, agents and contractors shall have access to City's books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the aforementioned govermnent representatives shall occur at any reasonable time. Page 2, Section 6. INSURANCE. Insert additional word in the 2nd paragraph of the section: To the extent allowed by law, each party shall be solelv responsible for any acts of negligence on the part of its employees, agents, contractors and subcontractors and shall defend, indemnifY and hold the other party harmless from all claims arising out of such actions. Page 5, Section 20. PUBLIC ACCESS. Insert and delete wording in the section: The County and City shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and City in conjunction with this Agreement; and tile C6t1l!ty either partv shall have the right to unilaterally cancel this Agreement upon violation of this provision by €ity the other partv. Page 6, Section 29. TERMINATION. Insert and delete wording in the section: C6t11!t) Either Darty may treat €ity the other partv in default and terminate this Agreement immediately, without prior notice, upon failure €ity the other partv to comply with any provision related to compliance with all laws, rules and regulations. This Agreement may be terminated by C6t11!t) either party due to breaches of other provisions of this Agreement if, after written notice of the 06/21/2006 2006/141 breach is delivered to €ity the other party. €ity the other Dartv does not cure the breach within 7 days following delivery of notice of breach. The C6t1llty Either Dartv may terminate this Agreement upon giving sixty (60) days prior written notice to-€ity the other DartV. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. Motion carried unanimously, with Commissioner Rice not present. Commissioner Rice returned to the meeting and took his seat. Tony Burke and Greg Galmin of the The Tower Group, Inc.; Mr. Koppel, Ms. Hutton, and Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Patton to reject the Guaranteed Maximum Price of $12.4M prior to value engineering and $10.9M after value engineering from The Tower Group, Inc.; terminate the Construction Manager at Risk contract with The Tower Group, Inc. to service as Advisor during Design and General Contractor for construction of the Murray E. Nelson Government Cultural Center in Key Largo; and, authorized advertising of Request for Bids for the construction phase of the project. Roll call vote was unanimous. Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton granting approval to waive purchasing policies and procedures and issue a purchase order for emergency repairs to Bridge 904120 on Boca Chica Road. Motion carried unanimously. STAFF REPORTS Growth Management Division - HT. Pontin addressed the Board. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution extending Interim Development Ordinance No. 017-2005 deferring the acceptance of development applications for the redevelopment and conversion of marine facilities including commercial marinas and the working waterfront until Land Development Regulations and Comprehensive Plan amendments are drafted; providing for exemptions; providing for transmittal to the Florida Department of Community Affairs (DCA); and providing for expiration within 365 days of the effective date of the Resolution or when the amendments become effective, whichever comes first. The following public speakers addressed the Board: Fred Nickerson, Richard Lancaster, representing Island of Key Largo Federation of Home Owners Association; and Pauline M. Klein. Mr. Willi and Mr. Symroski addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. 06/21/2006 2006/142 RESOLUTION NO. 241-2006 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to continue the: following items to the July 19, 2006, BOCC meeting in Key West: A Public Hearing on an Ordinance amending Section 9.5-120.4 of the Land Development Regulations relating to dwelling unit transfer authorization for development not affected by residential ROGO. A Public Hearing on an Ordinance amending Section 9. 5-122( c) of the Land Development Regulations providing for fractional ROGO Allocations for small affordable housing units. A Public Hearing on an Ordinance amending Section 9.5-1223(a)(5) of the Land Development Regulations adjusting the ROGO point system increasing the permitted point award for certain land donations. A Public Hearing to consider adoption of Volume Two (2) of the Stock IslandlKey Haven Livable CommuniKeys Master Plan titled Harbor Preservation/Redevelopment and Intra-Island Corridor Enhancement Plan. Volume 2 is specifically dedicated to the Safe Harbor and Peninsular Port Areas as well as the Intra-Island Corridors ofMacDonaldlMaloney Avenues and Fifth and Fourth Avenues of Stock Island. Upon adoption, Volume 2 will become a part of Policy 101.20.2 of the Monroe County Year 2010 Comprehensive Plan. A Public Hearing on an Ordinance to amend Section 9.5-4, Definitions, of the 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. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution approving the Development Agreement between Key Largo Ocean Resorts, Co-Op, Inc., (KLOR) and Monroe County to comply with Court ordered mediation which resulted in a Settlement Agreement signed by the parties in June 2003 and approved by the Court on August 4, 2003, which authorized KLOR to submit and apply for a Development Agreement. The following public speakers addressed the Board: Nick Mulick, representing KLOR owners of several units; John Jabro, representing Roger & Peggy Olds; Angel DeLafuente, and Donald Craig. Ms. Hutton addressed the Board and offered the following revision at Page 7 of 16, F. Local Development Permits: 4. KLOR shall submit a complete site redevelopment plan application package to the County for the redevelopment of no less than 285 units of the Resort to the standards and conditions of this Agreement and the County's Land Development Regulations to the extent applicable and not inconsistent with this Agreement. After discusison, motion was made by 06/21/2006 2006/143 Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution and authorizing execution of the Development Agreement, including the County Attorney's recommended revision. Motion carried unanimously. RESOLUTION NO. 242-2006 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT George Garrett, Marine Resources Director addressed the Board concerning approval to use up to $25,000 of Boating Improvement Funds to assist in a maintenance dredging project on Tingler Island supported in the City of Marathon Dredging Master Plan. Invoices for the project will be routed to the County. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval ofthe item not exceeding $25,000. Motion carried unanimously. Mr. Willi and Mr. Symroski addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Interlocal Agreement between Monroe County, the South Florida Regional Planning Council (SFRPC) and Florida Atlantic University to complete a working waterfront preservation master plan and a marina siting plan. Motion carried unanimously. Ms. Hutton and Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval of the following: 1.) The most responsive Statement of Qualification and Bid, DRC Emergency Services, LLC for the removal ofIobster traps, canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma and other storms during the 2005 Hurricane season. 2.) Waiver of purchasing policies with respect to "bid bond". All other purchasing policy requirements have been met. 3.) Approval of Contract Amendment between Monroe County and DRC Emergency Services, LLC to remove marine debris as the result of Hurricane Wilma and the 2005 hurricane season. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item concerning approval to fund the re-grade and replacement sod at the existing soccer field at St. Peters Church, Big Pine Key. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to delete the item from the agenda and directed the County Administrator to include this item in the 2007 budget. Motion carried unanimously. Commissioner Neugent discussed his item concerning approval of the request to fund extraordinary expenses incurred by Habitat for Humanity during the post recovery period after Hurricane Wilma in the amount of $39, 195.44. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice authorizing a 06/21/2006 2006/144 total reimbursement in the amount of$48,905.91 to include $9,710.47 for electrical improvments made on the property. Motion carried unanimously. Commissioner Patton discussed his item for direction to Staff regarding the creation of an inventory and analysis of hurricane shelters in Monroe County. Staff recommendations on funding and the needs would also be part of the staff product. Irene Toner, Director of Emergency Management addressed the Board. This matter was referred to Staff Commissioner Patton discussed his item for direction to Staff regarding the prohibition of the sale of dead coral in Monroe County. Ms. Hutton, and Julia Waterman, representing Shell World of the Florida Keys addressed the Board. This matter was referred to Staff. Commissioner Rice's item concerning a report to the Board on affordable housing issues was postponed to the July 19, 2006, BOCC meeting in Key West. Richard Lancaster, representing Island of Key Largo Federation of Homeowner Associations, and Ms. Hutton addressed the Board concerning approval of a revised Development Agreement proposed under Section 380, Florida Statutes, for the purchase ofland located on Stock Island by Momoe County from Overseas Redevelopment Company, LLC. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of the Final Version of380 Agreement between the Department of Community Affairs, Overseas Redevelopment Company, LLC, and Monroe County. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Patton granting approval to advertise the position for an Affordable Housing Coordinator to assist public and private entities in achieving progress in meeting the County's affordable housing goals. Motion carried unanimously. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval to offer Staff the opportunity, in certain instances, to work 4-10 hour days during the summer season from June 1 st, through September 30th of each year. Motion carried unanimously. Commissioner Rice excused himself from the remainder of the meeting. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney reported to the Board concerning the June 2006 Litigation Report, dated June 16, 2006. Mr. Shillinger also discussed the Neumont litigation. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent authorizing the County Attorney's office to bring in the law firm of Barry Robinson to assist in the litigation. Motion carried unanimously, with Commissioner Rice not present. 06/21/2006 2006/145 Mr. Shillinger then discussed the Krome Avenue expansion litigation. No official action was taken. Mr. Mercado and Mr. Shillinger addressed the Board concerning approval of a Settlement Agreement in Code Enforcement Lien Case of Monroe County v. Island Preschool, Case No. CE03080354. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton to settle the lien in the amount of$500.00 in lieu of$7,060.00, to cover the costs incurred by the County Attorney's office Motion carried unanimously, with Commissioner Rice not present. Ms. Hutton addressed the Board concerning a request to schedule and advertise an Attorney-Client Closed Session of the Board of County Commissioners in the matter of Kenneth Neuman v. Monroe Countv. CAK-04-663. Sixteenth Judicial Circuit, Monroe County, Florida. Present at the meeting will be the Commissioners, County Administrator, County Attorney, Assistant County Attorney Bob Shillinger and Michael Burke, Esq. and Bruce Johnson, Esq. the County's counsel in this litigation, and a certified court reporter. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to hold the Attorney-Client Session at the July 19, 2006 Board meeting in Key West at the Harvey Government Center at 8:30 AM. Motion carried unanimously, with Commissioner Rice not present. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~LLc. &V)<1~ Isabel C. DeSantis, Deputy Clerk