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09/20/2006 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/214 Regular Meeting Board of County Commissioners Wednesday, September 20,2006 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., at the Marathon Government Center. Present and answering to roll call were Commissioner George R. Neugent, Commissioner Dixie M. Spehar, Commissioner Mario DiGennaro and Mayor Charles "Sonny" McCoy. Absent was Commissioner Glenn Patton. Also present were Danny L Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Robert Shillinger, Chief Assistant County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. PRESENTATION OF AWARDS A presentation of Mayor's Proclamation observing the week of October 8-14,2006 as "Fire Prevention Week". A presentation of Mayor's Proclamation proclaiming the month of October 2006 as National Down Syndrome Awareness Month. A presentation of Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award to Monroe County's Office of Management and Budget. Presentation of Years of Service Award for 25 years of service to William Wagner, Jr. Presentation of Employee of the Month Award for the month of July 2006 to Susan Hover, Executive Assistant, Emergency Services Division. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the Additions, Corrections, and Deletions to the agenda Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the following items by unanimous consent: 09/20/2006 2006/215 Board granted approval and authorized execution of Public Transportation Joint Participation Agreement No. AO 194 between Monroe County the Florida Department of Transportation for additional funds for Monroe County Planning Studies for the Key West International Airport and the Marathon Airport. Board granted approval and authorized execution of Public Transportation Joint Participation Agreement No. AO I 05 between Monroe County the Florida Department of Transportation to fund Transportation Security Administration requirements at the Marathon Airport . Board granted approval and authorized execution of Public Transportation Supplemental Joint Participation Agreement NO.4 to Contract No. ANI03 between Monroe County the Florida Department of Transportation for additional funds for Security Requirements at the Key West International Airport. Board granted approval and authorized execution of a Lease Renewal Agreement between Monroe County and Florida Keys Mosquito Control District for certain premises at the Florida Keys Marathon Airport. Board granted approval to award bid for the purchase of one (I) new 33KW Skid Mounted Generator from Florida Detroit Diesel-Allison in the total amount of$20,500.00. Board granted approval to rescind Amendment No. I to Memorandum of Agreement for $180,000 as approved on January 18, 2006, and authorized execution of Amendment No I to Locally Funded Joint Participation Agreement between Monroe County and the Florida Department of Transportation for the amount of$26,697.94 for the project described as CR5-AIFlagler Avenue in Key West. Board granted approval of the monthly report on Change Orders reviewed by the Deputy County Administrator. There were three Change Orders considered for approval by the Deputy County Administrator for the period beginning August I, 2006, and ending August 31, 2006, totaling $28,408.56. Board granted approval and authorized execution of Contract Amendment NO.2 between Monroe County and William P. Horn, Architect, PA. for professional services for the renovation of the Big Pine Key Fire Station. Board granted approval to rescind the August 16, 2006 approval of a Contract for Professional Services with MB 1/K2M for the planning, design and construction administration of the new Public Works Facility, and approved a revised Contract which include the names of personnel and their function in Article VII. Board granted approval of Affiliation Agreement between Emergency Medical Sciences Academy, Inc., (EMS Academy) and the Board of County Commissioners of Monroe County, 09/20/2006 2006/216 Florida for Monroe County Fire Rescue (MCFR) to provide an EMS training environment from date of approval of Affiliation Agreement through December 31, 2007. Board granted approval to accept renewal with Volunteer Fire Insurance Service (VFIS) to provide Portable Equipment and Emergency Apparatus Insurance at a premium of $50,040 to be paid in four quarterly payments. Board granted approval of the amended Employee Health Plan Document to become effective January 1, 2007. Board granted approval to purchase Specific Excess Workers' Compensation Insurance from State National Insurance Company for a projected annual premium of$155,000. Board granted approval to renew with the Hartford Life Insurance for our Group Life and Accidental Death & Dismemberment policy October 1, 2006 through September 30,2007. Board granted approval and authorized execution of a Service Agreement between Monroe County and Preferred Governmental Claims Solutions (PGCS) for third party administration of the Workers' Compensation Program. Board granted approval and authorized execution of an Addendum between Monroe County and the Florida Keys Society for Prevention of Cruelty to Animals (FKSPCA) for a CPI increase effective July 1, 2006 through June 30,2007. Board granted approval of CPI increase for Stand Up for Animals (SUF A) effective July 1,2006 through June 30,2007. Board granted approval of the filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Libraries and Information Services, and execution of same with the proper County authorities. Board granted approval of the filing of a grant agreement for the Public Access Computing Hardware Upgrade Grant, from the Florida Department of State, DLIS, and the Bill and Melinda Gates Foundation, to upgrade or replace computers received through the original grant to the Monroe County Public Library in 1999. Board granted approval and authorized execution of Amendment #001 to the Community Care for the Elderly (CCE) Contract KC671 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services/In-Home Services Program). Board granted approval of the replacement of Exhibit II of all four (4) existing franchise contracts to reflect Fiscal Year 2007 residential and commercial collection rates. 09/20/2006 2006/217 Board granted approval and authorized execution of an Agreement for Consulting Services between Monroe County and Government Service Group, Inc to provide an Online Assessment Data Management Service, and create the annual Solid Waste Assessment roll. Board granted approval to purchase one (I) new 80KW Trailer Mounted Generator from Millenium Products, Inc. in the total amount of$25,995.00. Board granted approval to purchase one (1) new 200KW Skid Mounted Generator from Power Pro-Tech Services, Inc. in the total amount of $40,890.00. Board granted approval to award Public Works surplus equipment as described in the Recaps of Bid Openings on August 17 and 22,2006 (all 33 items for 8/17/06 and items 5 through 29 for 8/22/06). Said list is incorporated herein by reference Board granted approval to rescind Board approval for Aqua Waste Repairs to remove five (5) tanks from the Monroe County Detention Facility on Stock Island and provide approval for Brandes Design-Build, Inc. to remove subject tanks at no cost to the County. Board ratified approval of the Contract Amendment between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant at the Roth Building. Board granted approval to modifY the fee structure for the use of Government meeting rooms and Channel 76 televising costs. Board granted approval and authorized execution of a new Interlocal Agreement between Monroe County and the City of Marathon for the Use of Meeting Room at the Marathon Government Center and the televising of Marathon City Council Meetings. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Evans Environmental & Geological Science & Management LLC (EE&G) for beach cleaning, maintenance & beautification of Higgs Beach. Board granted approval to purchase one (I) new Boom Mounted TreeILimb Cutter and Tractor from South Florida New Holland Corp., in the total amount of$63,034.00. Board granted approval of the following various Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. I). RESOLUTION NO. 343-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 344-2006 09/20/2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 345-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 346-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 347-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6) RESOLUTION NO. 348-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 7). RESOLUTION NO. 349-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 350-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 351-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 352-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. II). RESOLUTION NO. 353-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 354-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 355-2006 Said Resolution is incorporated herein by reference. 2006/218 09/20/2006 2006/219 Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 356-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15) RESOLUTION NO. 357-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 358-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 359-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 360-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19) RESOLUTION NO. 361-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 362-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 363-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No 22). RESOLUTION NO. 364-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No 23). RESOLUTION NO. 365-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 366-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). 09/20/2006 RESOLUTION NO. 367-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 368-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 369-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 370-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No 29). RESOLUTION NO. 371-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 372-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 373-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 374-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 375-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 376-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 35). RESOLUTION NO. 377-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 378-2006 2006/220 09/20/2006 2006/221 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Addendum No.3 between Monroe County and Keys Security Inc. for services to the Duck Key Security District. Board granted authorization for the Mayor to execute the Certificate of Acceptance of Subgrant Award for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September I, 2006 through August 31, 2007. Board granted approval and authorized execution of a Residential Substance Abuse Treatment Funds Agreement between Monroe County and Care Center for Mental Health for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September I, 2006 through August 31, 2007. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to supplement costs of tourist related programs in the amount not to exceed $72,500. Board granted approval to rescind the Interlocal Agreement between Monroe County and Islamorada, Village ofIslands for the Fishing Pier Project. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and the City of Key West to extend the Agreement for the White Street Pier Lighting Replacement Project in an amount not to exceed $100,000, DAC I, Capital Project Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Take Chances at the Helm, Inc. covering the 21st Annual Key Largo Steeplechase on December 10-11, 2006 in an amount not to exceed $5,000, DAC V, FY 2006 Event Resources. Board granted approval and authorized execution of an Advertising Agency Agreement between Monroe County and Tinsley Advertising and Marketing, Inc. to provide advertising services for the Monroe County TDC and County. Board granted approval and authorized execution of Amendment #2 to Agreement between Monroe County and Keys Association of Dive Operators to replace the District III Dive Umbrella Representative. Board granted approval of revisions to the Monroe County Tourist Development Council Operations Manual. 09/20/2006 2006/222 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a corrected Inter-Local Agreement (ILA) between Monroe County and the South Florida Regional Planning Council (SFRPC) for Working Waterfronts Master Plan, Marina Siting Plan, Comprehensive Plan Amendments and Land Development Regulations. Board granted approval and authorized execution of a Contract for Rendering Emergency Salvage Services of Sailboat "Tapnon" between Monroe County and Coffin Marine Services, Inc. for the emergency removal and transport of a grounded and abandoned 50 ton steel hulled vessel. Board granted approval of expenditures of up to $10,000 from Boating Improvement Funds (BIF) to the City of Key West for buoy maintenance at the Key West Marine Park. Board granted approval and authorized execution of Amendment (No.1) to Agreement between Monroe County and URS Corporation Southern, dated January 19, 2005 for provision oftransportation consulting services under the current contract. This amendment will increase available amount under the contract from $185,000 to $355,000. Board adopted the following Resolution adopting the Annual Assessment of Public Facilities Capacity Reportfor 2006, as submitted by the Monroe County Planning and Environmental Resources Department. RESOLUTION NO. 380-2006 Said Resolution is incorporated herein by reference. Board adopted the following Resolution approving the Monroe County priority list for projects eligible for Federal Transportation Enhancement Funds as recommended by the Florida Department of Transportation Technical Advisory Committee for the Florida Keys (DOT -TACK) and providing an effective date. RESOLUTION NO. 381-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Rescission of Amendment to Agreement for Services for Disaster Response and Recovery between Monroe County and DRC Emergency Services; and authorized execution of an Agreement between Monroe County and DRC Emergency Services, LLC. for professional Services to complete removal oflobster traps, canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma and other maritime debris; and rescinding the temporary amendment passed in July of2006. Board granted approval and authorized execution of License Number N62467-06-RP-00244 between Monroe County and the Department of the Navy to provide use of site as land side operations for removal of derelict vessels and marine debris as a result of Hurricane Wilma. 09/20/2006 2006/223 MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution to approve amending the Community Development Block Grant (CDBG), Contract Agreement; and authorized execution of Modification #4 to Grant Agreement, between Monroe County and the Department of Community Affairs, (DCA) Contract Number 03DB-lA-11-54-01-H32 for a reinstatement and six-month extension to expend grant funding and complete contract agreement requirements. RESOLUTION NO. 382-2006 Said Resolution is incorporated herein by reference Board adopted the following Resolution to approve appointments to the Community Development Block Grant (CDBG) Citizens Advisory Task Force. RESOLUTION NO. 383-2006 Said Resolution is incorporated herein by reference. Board adopted the following Resolution adopting Amendment two (2) to Monroe County's Local Housing Assistance Plan (LHAP) for the State of Florida fiscal years 2004-2005, 2005-2006,2006-2007; and authorizing the submission of The Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. RESOLUTION NO. 384-2006 Said Resolution is incorporated herein by reference. Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida, approving the waiver of certain SHIP rental strategy program requirements and approving the creation of five additional units. RESOLUTION NO. 385-2006 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Mayor McCoy's appointment of Douglas B. Wright to the Tourist Development Council, replacing Michael Ingram, whose term expired August 31, 2006. Board granted approval of Commissioner Patton's reappointment of Rob Bleser to the Marine & Port Advisory Committee. Three year term starts September 20, 2006 and ends September 1, 2009. Board granted approval of the Board of County Commissioners of Monroe County, Florida, to reappoint Peter Worthington to the Marine & Port Advisory Committee with, term expiring April, 2009. 09/20/2006 2006/224 COUNTY CLERK Board officially approved the Board of County Commissioners meeting minutes from the July 13, 19,20, & 24, 2006 meetings. Board granted approval ofthe following Warrants (101090-101293 & 507744-508908): General Fund (001), in the amount of $2,090,070.24; Fine & Forfeiture Fund (101), in the amount of$107,444.53; Road and Bridge Fund (102), in the amount of$I,430,213.64; TDC District Two Penny (115), in the amount of$381,122.57; TDC Admin. & Promo 2 Cent (116), in the amount of$384,173.22; TDC District 1,3 Cent (117), in the amount of $380,738.89; TDC District 2, 3 Cent (118), in the amount of$13 1,45234; TDC District 3, 3 Cent (119), in the amount of$84,941.00; TDC District 4, 3 Cent (120), in the amount of $155,338.06; TDC District 5, 3 Cent (121), in the amount of$131,140.69; Gov. Fund Type Grants (125), in the amount of$I,059,565.34; Impact Fees Roadways (130), in the amount of $85,291.42; Fire & Amb Dist 1 L&M Keys (141), in the amount of$155,84655; Upper Keys Health Care (144), in the amount of $4,079.48; Fire & Amb Dist 6 Key Largo (146), in the amount of$50,700.73; Uninc Svc Dist Parks & Rec (147), in the amount of$39,118.79; Plan, Build, Zoning (148), in the amount of$144,529.76; Municipal Policing (149), in the amount of $59.09; 911 Enhancement Fee (150), in the amount of $11,700.51; Duck Key Security (152), in the amount of$3,632.88; Local Housing Assistance (153), in the amount of$285,166.47; Boating Improvement Fund (157), in the amount of$4,560.00; Misc. Special Revenue Fund (158), in the amount of$59,599.70; Environmental Restoration (160), in the amount of $361.56; Marathon Municipal Service (166), in the amount of$14.29; Bay Point Wastewater MSTU, in the amount of 0.48; Key Largo Wastewater MSTU (170), in the amount of$22.97; 1 Cent Infra Surtax (304), in the amount of$181,723.93; 2003 Revenue Bonds (307), in the amount of$891,091.13; Card Sound Bridge (401), in the amount of$7,884.87; Marathon Airport (403), in the amount of$88,20439; Key West IntI. Airport (404), in the amount of $1,474,71235; KW AlP Series 2006 Bonds (405), in the amount of$225,183.57; MSD Solid Waste (414), in the amount of$I,675,928.75; Worker's Compensation (501), in the amount of $12,332.41; Group Insurance Fund (502), in the amount of$164,140.99; Risk Management Fund (503), in the amount of$48,820.64; Fleet Management Fund (504), in the amount of $138,872.27; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,020.00. Board granted approval of Tourist Development Council Expenditures for the month of August, 2006, as follows: Advertising, in the amount of$I,135,549.65; Visitor Information Services, in the amount of $69,208.30; Events, in the amount of$108, 184.11; Office Supplies, in the amount of$33,08 1.19; Public Relations, in the amount of $92,940.49; Sales & Marketing, in the amount of$108,115.47; Telephone & Utilities, in the amount of$6,617.61; Travel, in the amount of $6,246. 06. Board granted approval to advertise surplus equipment for bid and approval to remove surplus equipment from inventory via disposal and salvage. Said listing is incorporated herein by reference. Board granted approval and authorized execution of the Audit Services Contract between Momoe County and Cherry, Bekaert, & Holland for Monroe County Audit Services. 09/20/2006 2006/225 COUNTY ADMINISTRATOR Board granted approval to transfer transportation bus # 1917 to HigherLove Mission Outreach, Inc. Board confirmed the County Administrator's appointment of Debbie Barsell to the position of Community Services Division Director. COUNTY ATTORNEY Board adopted the following Resolution amending Resolution No. 240-2006 to provide a three-year alternative in the dog, cat & ferret license fees. RESOLUTION NO. 386-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Consent to Assignment between Monroe County and Robert L. Cayce, Jr. and Matthew C. Schulte for the East Bay of Hangar One at the Florida Keys Marathon Airport due to a change of ownership. Board granted approval and authorized execution of a Settlement Agreement in Monroe Countv v. Dorothv Hough. et at CA K 05-667. Board granted approval to advertise and hold a Public Hearing to be held November 15, 2006 at 3 :00 p.rn. in Key Largo, Florida to consider the adoption of a Resolution approving the Proposed Beneficial Use Determination of Special Master John 1. Wolfe In Re: Geneva Sutton, Beneficial Use Application, pursuant to Sec. 9.5-174(a), Monroe County Code. Board granted approval and authorized execution of a Contract between Monroe County and Greenberg Traurig, P.A. to provide legal services on behalf of Monroe County in Florida Keys Citizens Coalition & Last Stand v. Monroe County and DCA. Board granted approval and authorized execution of a Contract between Monroe County and HDR Engineering, Inc. to provide expert witness services on behalf of Monroe County in Florida Keys Citizens Coalition & Last Stand v. Monroe County and DCA. Board granted approval of a Lease Agreement previously presented to BOCC with a 380 Agreement and Purchase/Sale Agreement, to confirm the BOCC's intent that the lease be executed. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed payment to Jerry Coleman, PL., for professional legal services 09/20/2006 2006/226 regarding Workforce Housing and other Monroe County issues, in the amount of$32,26543. The following individuals addressed the Board: Kay Thacker, and Bill Loewy, representing Habitat for Humanity. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the item Roll call vote was unanimous. The Board discussed an Interlocal Agreement (ILA) between Monroe County and the School Board of Monroe County (School Board) to cooperate in support of the Just 4 Kids (J4K) program operated under a 501(C)(3), the National Heritage Foundation. The following individual addressed the Board: Sylvia Murphy. Thomas Willi, County Administrator also addressed the Board. The Board postponed the item to later in the day. Commissioner Spehar discussed approval of Contract between Monroe County and Key West HMA d/b/a Lower Keys Medical Center, for Baker Act Services. The Board postponed the item to later in the day. Peter Horton, Monroe County Airports Director discussed with the Board the approval to advertise for bids for the construction ofthe Key West International Airport Passenger Terminal Project and, the Proposed GMPs submitted by Morganti for the new Key West International Airport Terminal Building and Renovation Project, and the Florida Keys Marathon Airport Hurricane Damage Repair work, and discussion of alternatives and how to proceed. Tom Willi, County Administrator also discussed the matter with the Board. The following individuals addressed the Board: James Alt, representing Morganti Group; Monty Gettys, representing Montgomery Consulting Group d/b/a Support Services for Key West & Marathon Airports; Diane Herberle, representing the Airport Gift Shop; John Richmond, representing the Conch Flyer, Inc. No official action was taken. The Board held this item in abeyance. COUNTY ADMINISTRATOR/DIVISION OF GROWTH MANAGEMENT The Board held a discussion for direction to the Florida Department of Transportation (FDOT) in regards to the Old 7-Mile Bridge. The following individuals addressed the Board: Alice Bravo and Linda Johnson, representing the Florida Department of Transportation; and Marjie Mearns, representing Save the Old Seven Mile Bridge Foundation. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro for Monroe County to participate with the FDOT on Alternative #2. Roll call vote was unanimous. The Board discussed a Resolution requesting the Florida Department of Transportation to make every effort to preserve public access to the waters adjacent to the 18 Mile Stretch. The following individuals addressed the Board: Rich Jones, Senior Marine Planner; Alice Bravo and Patti Jones, representing the Florida Department of Transportation. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 387-2006 Said Resolution is incorporated herein by reference. 09/20/2006 2006/227 . . . . . . FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie. Rob Low, Acting Fire Chief was present on behalf of Fire Chief Clark Martin. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Renewal Agreement, effective from October 1, 2006 through September 30,2007, between Board of Governors of Fire and Ambulance District 1 of Monroe County and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-armual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Renewal Agreement between the Board of Governors of Fire and Ambulance District 1 and Roy Kharma for maintenance of Fire Rescue vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction, which expires on September 30, 2006, on a month-to-month basis pending execution of a new agreement Motion carried unanimously. Kevin M. Madok, Chairman announced that he will not seek a 3rd term through the City of Layton at their October meeting, and that they have plans to appoint two new members. . . . . . . The Board of County Commissioners reconvened with all Commissioners present. COUNTY ATTORNEY The Board discussed approval of a Resolution setting a date, time and place for a Public Hearing concerning the proposed abandonment of a portion of First Avenue, Stock Island, Monroe County, Florida which was previously closed to public access by the BOCC in 1988. The following individuals addressed the Board: Sylvia Murphy and Danny Hamilton. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 379-2006 Said Resolution is incorporated herein by reference. 09/20/2006 2006/228 W ASTEW A TER ISSUES The Board discussed a Resolution of the Key Largo Wastewater Treatment District, Key Largo, Florida requesting payment by Monroe County of mitigation fees required by county ordinance in connection with further clearing of the District's central wastewater treatment plant site. The following individuals addressed the Board: Chuck Fishburn and Thomas Dillon representing the Key Largo Wastewater Treatment District; Phil Frank, Mark Rosch, Executive Director of the Monroe County Land Authority; and Tom Willi, County Administrator. No official action was taken. The Board discussed an Interlocal Agreement (ILA) between the Board of County Commissioners and the Florida Keys Aqueduct Authority for the Summerland/Cudjoe/Upper SugarloafRegional wastewater project. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Roll call vote was unanimous The Board discussed an Interlocal Agreement (ILA) between the Board of County Commissioners and the Florida Keys Aqueduct Authority for the Conch Key/Duck Key Regional wastewater project. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the item. Motion carried unanimously. SOUNDING BOARD Kris Duszka addressed the Board concerning no release of 50 permits on Big Pine Key. Ty Symroski, Growth Management Director also addressed the Board. No official action was taken. Adele Gerbracht, representing the Florida Keys Healthy Start Coalition addressed the Board concerning a request for the BOCC to pass an ordinance which would require bars and restaurants in the county to post signage about the risks of drinking alcohol for a pregnant woman. No official action was taken MISCELLANEOUS BULK APPROVALS Commissioner Spehar discussed approval of Contract between Monroe County and Key West HMA d/b/a Lower Keys Medical Center, for Baker Act Services. Chief Assistant County Attorney, Bob Shillinger and Mr. Willi addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of the item Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL 09/20/2006 2006/229 Motion was made by Commissioner Spehar and seconded by Commissioner Neugent appointing Amanda Harden as an "At Large" appointment to the Tourist Development Council District II Advisory Committee. Motion carried unanimously. STAFF REPORTS Communitv Services - Debbie Barsell, Community Services Director discussed the following items: Her appointment as a member to the South Florida Workforce Investment Board and as Chair on the Human Services Advisory Board Task Force and the events concerning evacuation of Special Needs patients to the Florida International University during Tropical Storm "Ernesto" . Emplovee Services - Teresa Aguiar, Employee Services Director discussed the following items: County employment turnover rates; Personnel Policies & Procedures Committee - this committee recently met for their final meeting, the results are to be presented to the BOCC at next month's BOCC; Request for Bids concerning the Worker's Compensation Excess Insurance Carrier & Third Party Administrator - approved earlier today; Final review of the County's Health Care plan document - approved earlier today; The County's Health Fairs for September/October were advertised which includes dependent's spouses who don't necessarily work for the County; Scheduled six (6) Safety Workshops throughout the County which is mandatory for supervisors to attend; Held elections for the Employee Grievance Council; and Added the recently adopted County's Mission- Vision-Values to the County's employment applications, which were translated in Spanish language. Public Works - Dent Pierce, Public Works Director discussed the following items: Status of the culvert project in the swimming/tidal pool area at Harry Harris Park; Cleaning contract with EE&G for Higg's Beach - approved earlier today; and indicated that landscaping improvements are being made at the Key West Courthouse. Growth Management - Growth Management Director, Ty Symroski discussed the following items: The Growth Management Department is in the process of implementing a caring, professional, fair and equitable department standard; Zoning and aerial maps are being updated which will be available on the County's website and on disks for purchase by the public; Lease Agreement negotiations are being pursued for a customer service center to be located in the Lower Keys (Cudjoe Key); The Marine Resources Department is setting up a new program for debris cleanup (not vessels) - Kim McGee has been appointed to be a volunteer coordinator for this program. Construction Management - Dave Koppel, County Engineer discussed the status of the following items: Demolition Projects - Big Coppitt Park /Big Pine Key Park have been completed, the construction of the Big Coppitt Park was awarded to Toppino's, permit is near completion; A meeting was held by Liz Wood and Staff concerning the status of the Big Coppitt Key Sewer Project, the design is moving forward; Remaining Stock Island properties are being 09/20/2006 2006/230 hooked up to sewer; Duck Key Recreational Path Project - a concrete path is being built in the commercial area and should be complete this week; Big Pine Keys Roads/Bike Paths/Speed Bumps - are near completion; On 9/25/2006 at 6 P.M., a public meeting will be held at the Big Pine Key Charter School for road work scheduled for Key Deer Boulevard, (bike path and safety improvements). Budget & Finance - Sal Zappulla, Budet & Finance Division Director discussed anticipated hurricane reimbursement and recovery services; the Federal Roadways denial of reimbursement; and status of the Purchasing Cards Program. COUNTY ATTORNEY Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an lnterlocal Agreement between Monroe County and the Key Largo Fire Rescue and Emergency Medical Services District. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of Mayor McCoy's reappointment of Donna Windle to the Monroe County Planning Board. Roll call vote was unanimous. Ty Symroski addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Mayor McCoy's item concerning an extension of the ROGO exemption for the Shark Key lot belonging to Sean and Amy Kelly. Motion carried unanimously. The Board discussed a Resolution supporting the relocation of the Florida Keys Wild Bird Rehabilitation Center to the scarified area around the west end of the quarry pit of the Dove Creek Exotic Maintenance Project site on US 1. Bruce B. Horn, representing the Florida Keys Wild Bird Center; Jeanette Hobbs, representing the Audubon of Florida; and Kelly Grinter, representing the Marathon Wild Bird Center. Chief Assistant County Attorney, Bob Shillinger addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to deny the item. The Board agreed for Monroe County to assist in finding an appropriate site. Roll call carried unanimously. Dr. Debra Walker, representing the Monroe County School Board addressed the Board concerning approval in concept of enhancement of the Key Largo School Cafeteria. The Board took no official action. COUNTY CLERK The Board discussed appointments to the 2006 Value Adjustment Board. After 09/20/2006 2006/231 discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent for Mayor McCoy to serve as a full member, Commissioner Spehar to serve as a full member and Commissioner DiGennaro to serve as an alternate. Motion carried unanimously. COUNTY ADMINISTRATOR The Board accepted the County Administrator's written MontWy Activity Report for August, 2006 dated September 7,2006. The Board made changes for representation to various entities as a result of the resignation of Commissioner Rice, as follows: Motion was made by Mayor McCoy and seconded by Commissioner Neugent to appoint Commissioner DiGennaro to the Lower & Middle Keys Fire & Ambulance Taxing District Board of Governors. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to appoint Commissioner DiGennaro to the South Florida Regional Planning Council. Motion carried unanimously. Motion was made by Mayor McCoy and seconded by Commissioner Spehar to appoint Commissioner DiGennaro to the South Florida Water Management District. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to appoint Commissioner Neugent to the Marine Sanctuary Water Quality Steering Committee. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to appoint Commissioner DiGennaro to the Marathon Ad Hoc Committee. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to appoint Commissioner DiGennaro to the Marathon Airport Master Plan Advisory Committee. Motion carried unanimously. The Board discussed a "380 Agreement" to develop Seahorse Trailer Park in Big Pine and Rowell's Marina in Key Largo. The following speakers addressed the Board: Rebecca Jetton, representing Owen Trepanier & Association; Lysa Migliorati, representing Boca Developers; Jacqueline Touzet, representing Touzet Studio; Kay Thacker, Ron Miller, Carl Cataudella, representing Boca Developers; Owen Trepanier, representing Boca Developers; Robin Branda, representing the Florida Department of Community Affairs; Richard Lancaster, representing Hammer Point Owner's Association; Ed Swift, and Bill Loewy, representing Habitat for Humanity. The Board took no official action. 09/20/2006 2006/232 The Board discussed the County Administrator's item for authorization to initiate an inter-facility ground transport between county hospitals and health care providers. Rob Low, Acting Fire Chief and Tom Willi, County Administrator addressed the Board After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to develop a proposed plan alternative to the agenda item. Roll call vote was unanimous. COUNTY ATTORNEY The Board accepted the written Litigation Report dated September 15, 2006 from Suzanne Hutton, County Attorney. Mr. Shillinger also discussed the following matters: Galleon Bay v. Monroe County v. State of Florida, Case #CA K 02-595. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro authorizing the County Attorney to file an appeal on Judge Payne's decision of ordering a new trial. Motion carried unanimously. Mr. Shillinger discussed litigation in Leon County vs. Hotels.com and other Internet providers who are not collecting Tourist Development Council bed taxes for counties The Board authorized the County Attorney to engage with the law firm handling this matter in the Leon County case. The County Attorney's Office will bring specific details concerning this matter to the Board's meeting in October. Mr. Shillinger informed the Board that Suzanne Hutton, County Attorney is doing well and is expected to be out of the hospital by the weekend. Mr. Shillinger addressed the Board. After discussion motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of an Amendment to the Special Counsel Retainer Agreement between Monroe County and Seibert Law Firm and Bryant Miller & Olive, P A to change the contract administrator from Mr. Murray Nelson to Mr. Reggie Paros. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as the Stock Island/Key Haven Livable CommuniKeys Plan Volume 1. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 388-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as 09/20/2006 2006/233 Volume Two (2) of the Livable CommuniKeys Master Plan for Stock Island and Key Haven titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 389-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution endorsing the findings of the Stock Island/Key Haven US-l Corridor Enhancement Plan and directing the appropriate staff to pursue funding to further analyze the findings or implement the projects proposed in the study. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 390-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending the definition of Accessory Uses or Accessory Structures, and Adjacent Landowner in Section 9.5-4 of the Monroe County Code; amending Section 9.5-256 Aggregation of Development, to create conditions for Aggregation of Lands and Section 9.5-349 Shoreline Setbacks, to permit docking facilities on lands within 500 feet ofland containing the principal structure under certain conditions and creating an approval process for such requests; providing for severability; providing for conflict; and providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Ron Miller, Fred Nickerson & Sal Guiterrez. Ty Symroski, Growth Management Director addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 036-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to create a definition for boat barns under Section 9.5-4, to exempt boat barns from floor area calculations and NROGO under Section 9.5-124,9.5-124.2, and 9.5-124.3 and amending the setback and buffer yard requirements for developments which include a boat barn, providing for severability, providing for conflict, and providing for an effective date. There was no public input. Mr. Symroski addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue the item to the October 18, 2006 Board meeting in Key West, since the Planning Commission did not meet and review the proposed text amendment until after the Agenda Deadline for the September BOCC meeting. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance amending Section 9. 5-122( c) of the Land Development Regulations providing for fractional ROGO allocations for small affordable housing units. There was no public input. Motion was made by Commissioner 09/20/2006 2006/234 Spehar and seconded by Commissioner Neugent to continue the item to the October 18, 2006 Board meeting in Key West. Motion carried unanimously. A Public Hearing was held to consider adoption of 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. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue the item to the October 18, 2006 Board meeting in Key West. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to table the Interlocal Agreement between Monroe County and School Board of Monroe County to cooperate in support of the Just4Kids program operated under a 501(c)(3), the National Heritage Foundation. Motion carried unanimously. BUDGET PUBLIC HEARINGS Tom Willi, County Administrator discussed with the Board the following Fiscal Year 2007 funding items: Key Largo Pool, in the amount of$225,000; Three (3) bird centers, in the amount of$36,000 ($12,000 for each); Local Health Unit, in the amount of$147,000; Just For Kids, in the amount of$65,000; Vandenberg, (304 Fund - FY 2007) in the amount of $2,000,000; Hickory House Restaurant, (304 Fund - FY 2007) in the amount of$3,750,000. Mr. Willi announced the Tentative Fiscal Year 2007 Millage rates. The Board discussed the purchase of the Hickory House Restaurant and the sinking ofthe Vandenberg. Mr. Willi, Assistant County Attorney, Bob Shillinger; and Danny Kolhage, Clerk of Court addressed the Board. After discussion, motion was made by Commissoner Neugent to deny the funding for the purchase of the Hickory House Restaurant. Motion died for lack of a second. Public input and discussion of the Tentative Fiscal Year 2007 Budget. The following public speakers addressed the Board: Sylvia Murphy, Ruth Roe, Marianne Ball, representing the Marathon - Monroe County Health Department; Katie Lyons, Carolyn Daly, Dr. Susana May, representing the Monroe County Health Department; Cecelia Roycraft, representing the Monroe County Dive Umbrella; Bob Holston, representing Keys Association of Dive oPerators; Monica Haskell, representing the Florida Keys Council of the Arts; Lois Giffen, representing the Florida Keys Council of the Arts; Bill Verge, Joe Weatherby, representing the Vandenberg, Sheri Lohr, representing the Artificial Reef of the Keys; Richard Grusin, Adriane Kara, representing Lost Reef Adventures; Michael Ange, Virginia Panico, representing the Key West Chamber of Commerce; Sheriff Richard D. Roth; Henry Bikofsky; Pam Martin, representing the Upper Keys AARP; Spencer Slate, representing KAD.O., Alison Schaeffer-Murphy; and Sarah Knott, representing Pirate Soul Museum & Rum Barrell. 09/20/2006 2006/23 5 COUNTY COMMISSION AMENDMENTS TO THE TENTATIVE FISCAL YEAR 2007 MONROE COUNTY BUDGET Sal Zappulla, Budget & Finance Division Director disseminated copies of the document entitled Capital Projects Budget - Fund 304. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the document. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Spehar Yes Commissioner DiGennaro Yes Mayor McCoy Yes Motion carried. . . . . . . FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Mario DiGennaro and Chairman Kevin M. Madok. Absent was Councilman John Cromartie. There was no amendments made to the tentative Fiscal Year 2007 Budget for the Fire & Ambulance District 1 Board of Governors. Chairman Madok announced the District I amended roll-back millage rate, percent increase over roll-back and final millage rate. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution adopting the final millage rate for Fiscal Year 2007. Motion carried unanimously. RESOLUTION NO. 339-2006 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution adopting the final budget for Fiscal Year 2007. Motion carried unanimously. RESOLUTION NO. 340-2006 Said Resolution is incorporated herein by reference 09/20/2006 2006/236 . . . . . . The Board of County Commissioners reconvened with all Commissioners present. Mr. Zappulla announced the amended roll-back millages rates, percentage increases over roll back rates and final millage rates. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution adopting the final millage rate for Fiscal Year 2007. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Spehar Yes Commissioner DiGennaro Yes Mayor McCoy Yes Motion carried RESOLUTION NO. 341-2006 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution adopting the final budget for Fiscal Year 2007. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Spehar Yes Commissioner DiGennaro Yes Mayor McCoy Yes Motion carried. RESOLUTION NO. 342-2006 Said Resolution is incorporated herein by reference. 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 ~oLJ (], &v)d~ Isabel C. DeSantis, Deputy Clerk