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K. Commissioners' ItemsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY TIME CERTAIN REQUESTED Meeting Date: April 18, 2007/Key West Division: BOCC Bulk Item: Yes No X Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson/305-852-7175 AGENDA ITEM WORDING: Request by Dan Kratish, President of the Monroe County Education Foundation, to address the BOCC regarding a SAFF (Sheriffs Shared Asset Forfeiture Fund Advisory Board) grant to Monroe Youth Challenge Program (MYCP). ITEM BACKGROUND: See March 30, 2007 letter from Dan Kratish attached. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY TIME CERTAIN REQUESTED Meeting Date: April 18, 2007/Key West Bulk Item: Yes No X Division: BOCC Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson/305-852-7175 AGENDA ITEM WORDING: Discussion and decision on two February 21, 2007 Administrative Relief items. ITEM BACKGROUND: On 2-21-07, the BOCC approved five Administrative Relief items. Two applicants for administrative relief were verbally informed their applications were approved, but did not understand that they were approved for purchase. The applicants, Mr. Perez and Mr. Rowland, would like to speak on this issue. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007/Key West Bulk Item: Yes No X Division: BOCC Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson/305-852-7175 AGENDA ITEM WORDING: Discussion and decision on the color to be used on the 18-mile stretch barrier. ITEM BACKGROUND: Mr. Hal Heim initiated this project with FDOT and received an affirmative answer to his proposals—i.e., black fencing and a colored center barrier. FDOT is requesting that the BOCC recommend a color for the barrier. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: BOCC Bulk Item: Yes X No Department:, Neugent — District 2 Staff Contact Person/Phone #: Terri Marble X4512 AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County objecting to the construction of coal-fired power plants in the Everglades Basin. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: na BUDGETED: Yes No COST TO COUNTY: na SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: Included x Not Required_ _ DISPOSITION: Revised 11/06 AGENDA ITEM # Commissioner George Neugent A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY OBJECTING TO THE CONSTRUCTION OF COAL-FIRED POWER PLANTS IN THE EVERGLADES BASIN. WHEREAS, Monroe County is a culturally rich community and an outdoor paradise; and WHEREAS, Monroe County covers most of the area known as the Everglades National Park; and WHEREAS, the remainder of Monroe County, the Florida Keys, abuts and is dependent upon the waters of Florida Bay, into which the Everglades Ecosystem provides run-off, and WHEREAS, the Glades Power Park (GPP) is a coal-fired power plant proposed by Florida Power and Light for a location in Moore Haven, Glades County, Florida; and WHEREAS, the proposed placement of the GPP borders Fisheating Creek Wildlife Management Area, Lake Okeechobee, Nicodemus Slough and the headwaters of the Caloosahatchee River, all of which are vital components of the Everglades Ecosystem; and WHEREAS, the operation of the proposed GPP will require 26 million gallons of water per day in and near Water Supply Planning areas currently under drought restrictions; and WHEREAS, the operation of the proposed GPP will generate oxides of nitrogen, sulfur dioxide, carbon monoxide, volatile organic compounds, particulate matter and sulfuric acid mist, all at least five times the threshold for significant deterioration review; and WHEREAS, the proposed plant will emit two hundred pounds of mercury per year which will be deposited on marshlands well equipped biochemically to convert it to methyl mercury; and WHEREAS, published scientific research has demonstrated that mercury fallout occurs primarily in a 100 km radius of coal-fired electric generating stations; and WHEREAS, this 100 km radius includes habitat where endangered and other fish and wildlife species already carry a high body burden of mercury; and WHEREAS, methyl mercury is a highly toxic chemical that can be absorbed in the bloodstream, that has been proven to harm wildlife, and that US EPA estimates is present at potentially harmful levels in the blood of one out of six pregnant women; and WHEREAS, the waters of Florida Bay beyond the 100 km radius will be negatively impacted and the destructive run-off created by "Big Sugar" will be exacerbated by the influx of mercury into the already fragile environment; and Coal-fired power plants in Everglades WHEREAS, the emission of carbon dioxide will contribute to the accumulation of greenhouse gases, which contribute to global climate change, and according to international scientific consensus, must be significantly reduced by 2050; and WHEREAS, the extraction and transportation of coal contributes severe societal and environmental harm, including mountaintop removal, to other regions, nations and continents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: That Monroe County has serious objections to the establishment of coal-fired power plants in the historic Everglades drainage basin and urges that they not be permitted.. Section 2: Monroe County encourages the State of Florida to focus on conservation, energy efficiency, and renewable energy sources rather than construct more infrastructure dependent upon non-renewable sources, which are harmful to people and wildlife. Section 3: Monroe County is particularly opposed to the proposed Glades Power Park project since it increases Greenhouse Gas emissions in the Everglades, with its corresponding pollution and effects on global climate, while irreversibly setting our energy policies in a direction away from conservation, energy efficiency and renewable resource use. Section 4: The Clerk is directed to send certified copies of this Resolution to Florida Senator Larcenia J. Bullard and Florida Representatives Ron Saunders, Stan Mayfield, Baxter Troutman, and Trudi Williams, and also to send copies to Dirk Kempthorne, Secretary of the Interior, U.S. Department of the Interior, Matthew J. Hogan, Acting Assistant Secretary of Fish, Wildlife & Parks, Fran P. Mainella, Director, National Park Service, all located at 1849 C Street, NW, Washington, DC 20240, Pat Hooks, Regional Director, National Park Service Southeast Region, 100 Alabama St. SW, 1924 Building, Atlanta, Ga. 30303, Fred Gaske, State HistoricPreservation Officer, 505 S. Bronough St., Tallahassee FL. 32399-0250. Section 5: This Resolution shall become effective on the date written below. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 21st day of March, A.D., 2007. Mayor Mario DiGennaro Mayor Pro Tem Dixie M. Spehar Commissioner Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA I:1 Deputy Clerk Ltz Mayor/Chairman Coal-fired power plants in Everglades BOARD OF COUNTY COMMISSION AGENDA ITEM SUMMARY Meeting Date: 4/18/07 — Key West Bulk Item: Yes X No Division BOCC - District 1 Staff Contact Person: Mayor Pro Tem Spehar AGENDA ITEM WORDING: Approval of a resolution authorizing the waiver of county building permit and application fees for all affordable housing projects that are allowed, under Monroe County Code Sec.6-27(d)(2) and Sec. 6- 27(e), to obtain building permit and application fee waivers from the Board of County Commissioners, eliminating the present application requirement and directing Growth Management Staff to prepare an amendment to Sec. 6-27(d)(2) and Sec. 6-27(e), Monroe County Code to routinely implement the intention of the Board. ITEM BACKGROUND: Monroe County Code Sec. 6-27 allows full exemption from county building permit and application fees for the construction of affordable housing projects that are "receiving financial assistance from Monroe County" and allows the developers of not -far -profit organizations "... and lessees of county -owned property for construction on said property..." to apply for waiver of county building permit and application fees. This resolution authorizes the routine waiver of fees for affordable housing projects that meet the criteria established by Monroe County Code Sec. 6-27, eliminates the application requirement, and directs staff to prepare the amendment to the Code for implementation. PREVIOUS RELEVANT BOCC ACTION: 2/21/07 BOCC Discussion resulting from Agenda Item D-26 seeking approval of fee waivers for the Park Village and Islander Village affordable housing projects CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes , No AMOUNT PER MONTH Year APPROVED BY: County Atty <�( OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. -2007 A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE WAIVER OF BUILDING PERMIT AND APPLICATION FEES FOR THE AFFORDABLE HOUSING DEVELOPMENTS, PURSUANT TO MONROE COUNTY CODE, SEC. 6-27(d)(2) AND SEC. 6-27(e). WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing affordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the Board of County Commissioners is committed to addressing critical housing affordability issues facing the Florida Keys; and of fact: WHEREAS, the Board of County Commissioners makes the following findings The State of Florida and all local governments in the Florida Keys recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive. 2. To encourage the creation of affordable housing the Board of County Commissioners must take innovative actions, such as the waiver or elimination of building, permitting and other fees. 3. Monroe County Code Sec. 6-27 (d) (2) provides for full exemption from county building and permit application fees for the construction of affordable housing projects that are "receiving financial assistance from Monroe County." 4. Monroe County Code Sec. 6-27 (e) provides that not -for -profit organizations and "... lessees of county -owned property for construction on said property ... may apply to the Board of County Commissioners for fee waivers from the permit and application fees". 5. A generic waiver for all projects for which waiver would be allowable under the County Code would provide incentives, or at least diminish the disincentives, for the creation of affordable housing, to include such measures as waiver of building, permitting and other fees, developers have been hesitant to create additional affordable housing in the Florida Keys; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. It is the intention of the Board of County Commissioners to always waive the building permit and application fees charged by Monroe County for construction or redevelopment of affordable housing projects for any applicant that is a not -for -profit organization, with 501(c) (3) status, or who is the lessee of county -owned property and/or who receives financial assistance from Monroe County for the purpose of constructing or redeveloping affordable housing projects. Section 2. The permit application fees for all affordable housing projects which meet the conditions in section 1, above, and which have been initiated but have not received their certificates of occupancy are hereby waived effective the date of execution of this Resolution. Section 3. Growth Management Division staff is directed to prepare an amendment to Monroe County Code Sec. 6-27(d)(2) and Sec. 6-27(e) to routinely implement the above intention of the Board. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the day of .2007. Mayor DiGennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (SEAL) ATTEST: Danny L. Kohlage, Clerk Deputy Clerk FA Mayor/Chairman MQ'- NRsOE COUNTY ATTORNE OVEVAS R ZAP!E A. UTTON COUN Y T Y Date �. �.._ DIVISION 1. PERMITS Page 1 of 1 Sec. 6-27. Fees. (a) Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for permitting and rotated fees. (b) Authority and Fee Schedule: Except as specifically established by this chapter, the board of county commissioners may by resolution establish a be schedule for, but not WrrHed to permit applications, permits, plans examination, certificates of competency, re -inspections, permit renewals, administrative fan, variance requests, and administrative appeals. (c) Fees Required. Except as authorized by this chapter, no permit shall be issued without payment of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied to off -set the total permit fee at the time the permit is issued, except where the application fee exceeds the total permit fee. in this case, the application be shall become the total permit fee. (d) Fee Exemptions. Fees may be exempted for only those entities and activities specifically listed below: (1) Condldonal exemptions: The following governmental entities are exempt from county building permit and application fees, but only N the listed entity does not charge the county a fee (including an impact fee) for development, environment. or similar permits, or for right-of-way use: a. The State of Florida including the South Florida Water Management District; b. The United States; c. Municipalities wholly located within the county; d. City Electric System; e. Florida Keys Electric Co-op; and f. Florida Keys Aqueduct Authority. (2) Ful exemptions. The following entities or work are exempt from the county building permit and application fees: a. Monroe County; b. Volunteer fire departments; c. Volunteer emergency medical departments; and, d. Construction of affordable housing projects, as defined under the Florida Statutes or chapter 9.5, receiving financial assistance from Monroe County. (a) Fee Waivers: Nat -for -profit organizations with 501(cx3) status from the Internal Revenue Service for construction of affordable or low income housing as defined by Florida Statutes and lessees of county -owned property for construction on said property may apply to the board of county commissioners for fee waivers from the permit and application fees. (f) Fee Refunds: No fees paid for building permit fees shall be refunded without the approval of the board of county commissioners upon the recommendation of the county administrator. Permit application fees are not refundable. (Ord. No. 010 2002, § 6; Ord. No. 019-2003, § 1) httP:/AIIU rYI.municode.coM&=0ocView/11270/1/60J64/65?W1i1-, - 1/M007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY / **ADD -ON** 10:30AM — TIME APPROXIMATE Meeting Date: Wed., April 18, 2007 Bulk Item: Yes _ No XX Division: BOCC Department: Mayor Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom (305 289-6000) AGENDA ITEM WORDING: Discussion of Freeman Justice Center project completion issues. ITEM BACKGROUND: Judge Sandra Taylor has requested an opportunity to address the Board at the April 18, 2007 meeting. PREVIOUS RELEVANT BOCC ACTION: At March 21, 2007 meeting, BOCC gave the exterior siding and brick work contractor until April 4, 2007 to meet contract bonding requirements. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST COST TO COUNTY: REVENUE PRODUCING: Yes No BUDGETED: Yes No SOURCE OF FUNDS: AMOUNT PER MONTH_ Year APPROVED BY: County Any _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # K6 SANDRA TAYLOR CHIEF JUDGE SLXTE$NTH JUDICTAT. CIRCUIT OY FwRirDA MONROE COUNTY COURTHOUSE T}�S02 WHITEMEAO STREET 6CY WEST, nORIDA.1O046 RAQUEL GALVAN JUDICIAL ASSISTANT Mara Di Gennaro Mayor, Monroe County 9400 Overseas Highway, Ste. 210 Marathon, FL 33050 VIA FAX and Regular Mail April 12, 2007 RE: Freeman Justice Center Dear Mayor Di Gennaro: TEL: 305 / 292 - 3480 PAX: 3013/ 292- 3434 At the February 21 and the March 21, 2007, meetings of the Board of County Commissioners, County Judge Wayne Miller spoke to the BOCC on my behalf, and requested your help in bringing the Freeman Justice Center to completion. Judge Miller cited many of the problems the users of the Courthouse Annex face on a routine basis: sewage back-ups, ADA accessibility problems, security limitations, and poor jury accommodations, to name but a few. At both BOCC meetings, the Commission lent a sympathetic ear, and gave assurances that the Freeman Justice Center was a priority and would remain one until completed. At the March 21 "t meeting, the BOCC was advised by the County Attorney and the Engineering Department that the contractor selected to install the exterior stone and brick work had not met contract requirements and had not posted a bond. The decision was made to allow the contractor until April 4, 2007, to submit approved shop drawings and post the bond required for work to begin. As you are now aware, the contractor has failed to meet these basic ��requirements, and it has been discovered that he does not currently hold a valid license in the State of Florida. This matter has not been placed on the BOCC Agenda for April 18, 2007. 1 arc asking that you address this issue with County Administrator Willi, and Mr. Koppel when they make their reports on the 18th. I will make arrangements to be present at the meeting, and would very much appreciate the opportunity to address the Commission. Action should be taken now to select a qualified contractor who can complete this work before the height of Hurricane season. Thank you again for your attention and oversight.