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09/19/2007 Regular 210 MINUTES OF THI<= MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 19, 2007 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present at the meeting were Thomas Willi, County Administrator; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee Service Award for the month of June, 2007 to Gary Manfre, Systems Analyst, Department of Technical Services, Division of Technical Services. Proclamation declaring October 19, 2007 as "Twins and Multiples Day" in Monroe County. Proclamation declaring the month of September 2007 as National Alcohol and Drug Recovery month. Proclamation declaring the week of September 9-15, 2007 as "Water Reuse Week" in Monroe County. Announcement of the winner ofthe Performance Excellence Motto and Logo Contest and Presentation of Award and Certificate. Proclamation declaring October 7 -13, 2007 as Fire Prevention Week. A Special Presentation was made to Father Tony and Doug Bell for their dedicated work at the new Soccer Field at St. Peter's Church on Big Pine Key. 211 BULK APPROVALS Motion was made by Mayor DiGennaro and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval of Purchase Service Order No. 06/07-35 with URS for Airport Noise Coordinator for the Key West International Airport. Board granted approval of Purchase Service Order No. 06/07-37 with URS for Part 150 Noise Exposure Maps Update for the Key West Airport. Board granted approval of Supplemental Lease Agreement No. DTFA06-02-L- 00365 with the Federal Aviation Administration for office space at the Key West International Airport. Board granted approval of Supplemental Lease Agreement No. DTF A06-03-L- 05229 with the Federal Aviation Administration for storage space at the Key West International Airport. Board granted approval of Purchase Service Order No. 06/07-36 with URS for Disadvantaged Business Enterprise Implementation for the Key West and Marathon Airports. Board granted approval to accept renewal with Interisk Corporation to provide Risk Management, Employee Benefits and Workers' Compensation consulting services. Board granted approval to continue the current basic life policy with The Hartford Life Insurance for Group Life and Accidental Death & Dismemberment October 1, 2007 through September 30, 2008 after review of all proposals received from the June 2007Group Life and Accidental Death & Dismemberment RFP. Board approval for the renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance at a premium of $41,429.47 to be paid in four quarterly payments. Board granted approval to purchase Specific Excess Workers' Compensation Insurance from Star Insurance of Brown & Brown Insurance for a projected annual premium of$16l,246.50 (unauditable). Board granted approval for the renewal with The Florida Municipal Insurance Trust Agreement to provide General and Vehicle Liability Insurance at a premium if $355,256.00 to be paid in four quarterly payments. Board granted approval to enter into a Memorandum of Understanding between Monroe County and Teamsters Local Union No. 769 in order to make available the 212 current Employee of the Month /Year of Service Award Programs to include those covered bargaining unit employees. Board granted approval of agreement with Horizon Behavioral Services, Inc. to assume EAP services covered under the current contract due to the sale and purchase to Horizon by the current provider, The Allen Group. Board granted approval to replace the Fee Schedules for Consulting Agreement with SCS Engineers for General Solid Waste Consulting Engineer Services for the contract year 8/1/07 - 7/31/08, for the annual CPI increase. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Deck Tight Roofing Services, Inc. to replace the roof at the May Hill Russell Library in Key West. Board granted approval to modify the fee structure for the use of Government meeting rooms and Channel 76 televising costs. Board granted approval of the purchase of two (2) AlC systems from Sub-Zero, Inc. in the total amount of $57,490.00 under the emergency procurement provisions of Monroe County Code Sec. 2-541(k)(1) in the amount of$37,589 for the Key West Library in the amount of$19,90lfor the Lester Building. Board granted approval and authorized execution of an Amendment to Agreement - Uniform Services between Monroe County and ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC for the Division of Public Works uniform services. This amendment (I) clarifies the wording ofthe initial term duration; (2) adds service locations: (3) adds option for 100% cotton garments, allows County to use prior contractor until ARAMARK can provide the uniforms, and increases the total eontract amount from $25,000 to $35,000. Board granted approval to award bid and authorized execution of an Agreement for Testing, Certification, and Maintenance between Monroe County and Siemens Building Technologies, Inc., for Testing, Certification and Maintenance of - Monroe County Detention Center: Fire Alarm System, Apogee Building Automation System (HV AC); Sheriffs Administration Building: Fire Alarm System and Building Automation System (HV AC); Key West Courthouse Annex: Fire Alarm System; Monroe County Juvenile Justice Building: Fire Alarm System and Building Automation System; and Monroe County (Marathon) Government Center: Building Automation System. Board granted approval to pay outstanding Sub Zero, Inc. invoices required for emergency air conditioning and maintenance in the amount of$I,052, $209 and $461.50. Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. 213 Board granted approval of and authorized execution of a Contract between Monroe County and MBI/K2M Architecture Inc. for the Americans with Disabilities Act (ADA) Compliance Assessments for Monroe County Circuit and County Court Facilities and Court Related Satellite Offices. Board adopted the following Resolution authorizing an additional agent of the Florida Keys Society for Prevention of Cruelty to Animals to enforce Chapter 3, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Momoe County code, including requiring appearance for disposition in County Court, and approval by a judge of the Sixteenth Judicial Circuit, Monroe County, Florida. RESOLUTION NO. 309-2007 Said Resolution is incorporated herein by reference. Board granted approval of increased funding for the Low Income Home Energy Assistance Program Federally Funded Sub Grant Agreement Number 07EA-6J-11-54-01 019 between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. Board granted approval ofthe filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and information Services, and execution of same with the proper County authorities. Board granted approval and authorized execution of the 2007-2008 Nutrition Services Incentive Program (NSIP) (formerly USDA) Rate Agreement, Contract #US- 851 between the Alliance for Aging and the Monroe County Nutrition Program. Board granted approval for the Mayor to execute a Certificate of Acceptance of Sub Grant Award No. 2008-JAGC-MONR-I-Q9-016 for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September I, 2007 through August 31, 2008. Board granted approval for the Mayor to execute a Contract with the 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 1, 2007 through August 31, 2008. Board granted approval to spend Police Facilities Impact Fees for a crime lab and approval to advertise a Public Hearing for a budget amendment of Fund 134, Police Facilities Impact Fees. Board granted approval and authorized execution of a Contract with the Florida Department of Law Enforcement for SMART Moves/Marathon program funded by the Edward Byrne Justice Assistance Grant Program. 214 Board granted approval and authorized execution of a Contract with the Florida Department of Law Enforcement, Grant No. 2008-JAGC-MONR-2-Q9-017 for Family Treatment Drug Court program funded by the Edward Byrne Justice Assistance Grant Program. Approval of contract with Florida Dept. of State, Division of Historical Resources to fund a detailed survey of historic buildings in the Tavernier Historic District, to be published and made available to the public. Board approved the issuance of a Certificate of Public Convenience and Necessity (COPCN)to Islamorada Village of Islands—Fire Rescue for the operation of an ALS transport ambulance service. Board granted approval of a Renewal Agreement effective from October 1, 2007 through September 30, 2009 with Professional Emergency Services, Inc. to provide medical direction to Fire and Emergency Medical Services as required by Florida Statutes. Board granted approval for the BOCC to enter into an Interlocal Agreement (ILA) with the Monroe County School Board (MCSB), to provide payment for the cost of Enhanced Hurricane Protection Area Upgrade cost for Poinciana Elementary School to enable the use of the school facility as a hurricane shelter and Refuge of Last Resort. Board granted approval for the BOCC to enter into an Interlocal Agreement(ILA) with the Monroe County School Board (MCSB), to allow the County to use Monroe `'' County schools as hurricane shelters and Refuges of Last Resort. Board granted approval to use Impact Fees-Parks &Recreation, Fund 131. Board granted approval to accept an Assistant Award from the Transportation Security Administration, Award No. HSTS0208HSLR360 to supplement local funds for required security at the Key West International Airport. TOURIST DEVELOPMENT COUNCIL Board granted approval of the FY 2008 Recommendation Committee Members for the Florida Keys Council of the Arts: District I- Shirley Freeman; District 2 - Sherry Phillips; District 3 -Marianne Motches; District 4 - Chris Sante; District 5 -Bob Sandifer. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Conch Republic Offshore Power Boat Racing Association, Inc. to revise the scope of services for the November 4-11, 2007 Key West World Championship Race. CDELETIONST Page 5 C BUDGET& FINANCE-40. Approval of contract with Boys & Girls Club. provider of SMART Moves/Marathon Prevention program funded by the Edward Byrne Memorial Justice Assistance Grant Program. Page 5 X BUDGET& FINANCE-(Backup is now included) - Approval of contract with Care Center for Mental Health, provider of Family Treatment Drug Court program funded by the Edward Byrne Memorial.Justice Assistance Grant Program. Page 6 �C ° EMERGENCY SERVICES Approval for the BOCC to enter into an-lnterlocal.Agreement (ILA) with the-Monroe_County School' Board _(MC SB), to .allow .the_County to -use_Monroe_ County Schools as hurricane shelters and Refuges of Last Resort.-: Page 10 ,k COMMISSIONER SPEHAR - Discussion regarding the Freeman Justice Center Project: Judge Sandra Taylor has requested permission to address the Board of County Commissioners with regard to current issues. Py , cl 13 CORRECTIONS/NOTES Page 3 \/15 PUBLIC WORKS -(Revised backup) - Replacement of Exhibit II of all four (4) existing franchise contracts to reflect Fiscal Year 2008 residential and commercial collection rates. Page 3 /20 PUBLIC WORKS - (Revised wording & backup) - Approval of the purchase of two (2) A/C systems from Sub-Zero, Inc. in the total amount of $57,490.00 under the emergency procurement provisions of Monroe County Code Sec. 2-541(k)(1). 4365989 $37,589.00 for the Key West Library and $20,501 $19,901.00 for the Lester Building]. Page 3 I C21 PUBLIC WORKS - (Hardcopies were distributed to you) - Approval to amend contract with ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC for the Division of Public Works uniform services. Page 4 C22 PUBLIC WORKS - (Hardcopies were distributed to you)Approval i to award bid and enter into a contract with Siemens Building Technologies, Inc. for the testing, certification and maintenance of the Monroe County Detention Center's fire alarm system, building automation system and smoke control system; the Sheriff's Administration Building's fire alarm system and building LIPAGE 021 • BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date September 19,2007 Division: Emergency Services Bulk Item: Yes X No _ Department: Emergency Management -' Staff Contact Person: Jerald O'Cathey AGENDA ITEM WORDING:Approval for the BOCC to enter into an Interlocal Agreement(ILA) with the Monroe County School Board(MCSB), to allow the County to use Monroe County schools as hurricane shelters and Refuges of Last Resort. ITEM BACKGROUND: Monroe County Emergency Management and Monroe County School Board have worked together to identify Monroe County schools that could be used as shelters and Refuges of Last Resort for County citizens. PREVIOUS RELEVANT BOCC ACTION: On May 9, 1994, Monroe County BOCC and the School Board entered into an interlocal agreement providing that each would cooperate with the other to secure locations, construction and siting of new facilities designed to be used as hurricane shelters. However, the interlocal agreement was general in nature, and did not name specific facilities, and also did not address the issue of Refuges of Last Resort. The current ILA is intended to be the next step in that process. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Acceptance: It is appropriate to approve the Interlocal Agreement with the Monroe County School Board. To loe &eke,r+naivNeA deolrtva -Iry a 4-(- oly' eavte. - TOTAL COST: $ BUDGETED: Yes No COST TO COUNTY: $ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year .00 APPROVED BY: County Atty ` I'i ./Purchasing Risk Management DOCUMENTATION: Included X Not Required . ' DISPOSITION: Pua AGENDA ITEM# Revised 8/06 U !� v Page 1of3 Belle Desantis From: "Pam Hancock" <phancock@monroe-clerk.com> To: "Belle Desantis" <idesantis@monroe-clerk.com> Sent: Thursday, March 13, 2008 3:06 PM Attach: Agenda Item.PDF Subject: Fw: September 2007 BOCC Belle, Stacy is right- it shows on deletions &was not listed on your notes under bulk or DKs Original Message From: Devane-Stacy To: Pam Hancock Cc: Peters-Katherine Sent: Thursday, March 13, 2008 2:12 PM Subject: FW: September 2007 BOCC Hi Pam, Please see attached regarding the Emergency Management item. I checked the action items from the County Administrator's office and that item was deleted. Stacy DeVane Executive Assistant Housing and Community Development Florida Keys Marathon Airport 9400 Overseas Highway,Suite 200 Marathon,FL 33050 Office(305)289-6002 Fax:(305)289-6071 devane-stacy@monroecounty-fl.gov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to us! Please note:Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record,available to the public and media upon request. Your e-mail communication may be subject to public disclosure. From: Toner-Irene Sent: Thursday, March 13, 2008 12:12 PM To: Devane-Stacy Cc: Luttazi-Alary Subject: RE: September 2007 BOCC Stacy, hi The item was pulled off the agenda by Wayne Hinnant(see the attached document), as we did not need a formal agreement with the MCSB for sheltering. ?uwo 7o*ve-v, FPEM, CPM Director 3/26/2008 Page 2 of 3 Monroe County Emergency Management (305) 289-6065 Office (305) 797-1305 Cell HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. From: Devane-Stacy Sent: Thursday, March 13, 2008 11:30 AM To: Toner-Irene; Luttazi-Alary Subject: FW: September 2007 BOCC Can you check on the first item that the Clerk's Office hasn't received for processing? Stacy DeVane Executive Assistant Housing and Community Development Florida Keys Marathon Airport 9400 Overseas Highway,Suite 200 Marathon,FL 33050 Office(305)289-6002 Fax:(305)289-6071 devane-stacy@monroecou my-fl.gov HELP US HELP YOU! Please take.a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to us! Please note:Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record,available to the public and media upon request. Your e-mail communication may be subject to public disclosure. From: Pam Hancock [mailto:phancock@monroe-clerk.com] Sent: Thursday, March 13, 2008 10:45 AM To: Peters-Katherine Cc: Devane-Stacy; Molina-Sandy; Tezanos-Mayra Subject: September 2007 BOCC Good Morning Kathy, The following items are outstanding from October-can you please check to see if you have any notes on them: C47- Emergency Management 3/26/2008 Page 3 of 3 IA with Monroe County School Board to allow the County to use MC Schools as hurricane shelters and refuges of last resort. ?-County Attorney Settlement in the matter of MC v. Lodge Construction v. Bender&Associates CA K 00-617 C28 &C29 Community Services State of Florida Commission for the Transportation Disadvantaged Standard Coordinator/Operator Contract for the Community Transportation Coordinator/Guidance Clinic of the Middle Keys for the contract period of July 1, 2007 through June 30, 2008. State of Florida Commission for the Transportation Disadvantaged Medicaid Non-Emergency Transportation Program Subcontracted Transportation Agreement with Guidance Clinic of the Middle Keyys for the contract period of July 2, 2007 through December 31, 2007 to provide fee-for-service for Medicaid 13 Growth Management MOA with NOAA to facilitate cooperation and coordination for the funding and implementation of emergency response and marine salvage I checked our records but was unable to locate any of the above. • • 3/26/2008 215 Board granted approval of an Amendment to Agreement with Florida Keys Art Guild, Inc. to revise Exhibit A showing names and dates of concerts for the Florida Keys Guild Outdoor Art Festivals. Board granted approval of an Amendment to Agreement with Mitchell Wolfson Family Foundation, Inc. covering the Rehabilitation of the Audubon Geiger House Museum project to revise scope of services and compensation. Board granted approval to rescind the Agreement with the Middle Keys Events Council, Inc. for the Pro- Wakeboard Tour National Championship on October 26-28, 2007. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Addendum to the Software License Agreement between Monroe county and Sungard Pentamation, Inc. to upgrade the permitting software and provide onsite training to the Building, Planning & Environmental Resources and Code Enforcement Departments. Board adopted the following Resolution to refund Development Agreement Application fees to Richard C. Beal (Skeeter's Marine Repair). RESOLUTION NO. 310-2007 Said Resolution is incorporated herein by reference. Board granted approval of one (I) year extension to file for final plat approval for Key Haven Estates, Inc. Board granted approval and authorized execution of Supplement #1, in the amount of$150,000, to Contract AN082 (Bicycle Pedestrian Planner/Coordinator). This supplement will be used to pay the salary for the Bicycle Pedestrian Coordinator through September I, 2009. Board granted approval of a Request to execute an application for a waiver from the statutory requirement to adopt a Public School Facility Element as part of the Monroe County 2010 Comprehensive Plan as per Section 163.3177, Florida Statutes (F.S.). SHERIFF'S DEPARTMENT Board granted approval of a request for expenditures from the Law Enforcement Trust Fund in the amount of$21,000 as follows: $1,000 Trinity Presbyterian Church - to help provide an after school tutoring "At Risk" youth program t the church's location. 216 $20,000 Take Stock In Children - and Florida Sheriffs Youth Ranches to launch the Crossroad Adventure Camp. COURT ADMINISTRATION Board granted approval and authorized execution of an Agreement with Business Information Systems, Inc. to purchase, install and maintain public address systems, assisted listening devices and digital court reporting equipment for six courtrooms at the Freeman Justice Center. The 16th Judicial Circuit is requesting a waiver of Monroe County Purchasing Policy in order for wiring to be installed now, so as not to delay the completion of Freeman Justice Center any further. HEALTH DEPARTMENT Board granted approval and authorized execution of the Annual Contract between Monroe County and Florida Department of Health for public health services provided by the Monroe County Health Department. COMMISSIONERS' ITEMS Board adopted the following Resolution in support of dedicating that portion of U.S. Highway 27 in Florida for recognition as "The Purple Heart Highway". RESOLUTION NO. 311-2007 Said Resolution is incorporated herein by reference. Board granted approval of Mayor DiGennaro's appointment of John Marston to serve on the Planning Commission, District 4 Representative. * This item is reconsidered later in the meeting. Board adopted the following Resolution in support of a proclamation recognizing September 21, 2007 as the International Day of Peace. RESOLUTION NO. 312-2007 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting ofJuly 18, 2007 and Special Meetings ofJuly 12, 19 & 23, 2007. Board granted approval of the following Tourist Development Council Expenditures for the month of August, 2007: Advertising, in the amount of $806,838.24; Bricks & MortarlProjects, in the amount of$39,140.00; Visitor Information Services, in the amount of$1I1,879.14; Events, in the amount of$272,837.73; Office Supplies & 217 Operating Costs, in the amount of $52, 154.38; Public Relations, in the amount of $102,079.05; Sales & Marketing, in the amount of $95,916.31; Telephone & Utilities, in the amount of$78,367.14; Travel, in the amount of$12,151.22. Board granted approval of the following Warrants (102809-102906 & 519611- 520752): General Fund (001), in the amount of$1,472,085.91; Fine & Forfeiture Fund (101), in the amount of$3,210,452.00; Road and Bridge Fund (102), in the amount of $133,063.88; TDC District Two Penny (115), in the amount of$417,935.78; TDC Admin. & Promo 2 Cent (116), in the amount of$531,189.20; TDC District 1,3 Cent (117), in the amount of $292,531.28; TDC District 2,3 Cent (118), in the amount of $93,968.57; TDC District 3,3 Cent (119), in the amount of$185,589.36; TDC District 4,3 Cent (120), in the amount of$121,602.73; TDC District 5,3 Cent (121), in the amount of $106,734.27; Gov. Fund Type Grants (125), in the amount of $2,375,337.22; Impact Fees Roadways (130), in the amount of$8,800.00; Impact Fees Solid Waste (133), in the amount of$46,893.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$123,658.90; Upper Keys Health Care (144), in the amount of $2,902.70; Uninc Svc Dist Parks & Rec (147), in the amount of$26,941.99; Plan, Build, Zoning (148), in the amount of$389,001.95; Municipal Policing (149), in the amount of $500,926.62; 911 Enhancement Fee (150), in the amount of$57.50; Duck Key Security (152), in the amount of$3,968.00; Local Housing Assistance (153), in the amount of $365,622.90; Boating Improvement Fund (157), in the amount of$123,533.71; Misc. Special Revenue Fund (158), in the amount of$47,222.24; Environmental Restoration (160), in the amount of$22,415.60; Law Enforcement Trust (162), in the amount of $43,035.00; Court Facilities Fees-602 (163), in the amount of$447.00; Marathon Municipal Service (166), in the amount of $169,313.4 7; Big Coppitt Wastewater MSTU (169), in the amount of$4.18; Key Largo Wastewater MSTU (170), in the amount of$130,504.69; Cudjoe-SugarloafMSTU (172), in the amount of$42.73; 1 Cent Infra Surtax (304), in the amount of$1,454,146.96; 2003 Revenue Bonds (307), in the amount of $869,645.29; Card Sound Bridge (401), in the amount of$632,393.00; Marathon Airport (403), in the amount of$380,277.51; Key West Inti. Airport (404), in the amount of $426,775.45; KW AlP Series 2006 Bonds (405), in the amount of $447,766.44; MSD Solid Waste (414), in the amount of$1,246,423.16; Worker's Compensation (501), in the amount of$15,224.21; Group Insurance Fund (502), in the amount of$321,971.73; Risk Management Fund (503), in the amount of $72,427.62; Fleet Management Fund (504), in the amount of $143,030.97; Fire&EMS LOSAP Trust Fund (610), in the amount of$51O.00. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Board granted approval to reappoint Kerry Shelby to the Health Council of South Florida for a two (2) year term. 218 Board granted approval to reappoint Debra Walker to the Health Council of South Florida for a two (2) year term. COUNTY ATTORNEY Board granted approval and authorized execution of a First Amendment to the Interlocal Agreement between the Monroe County School Board and Monroe County increasing the surcharge from three dollars ($3.00) to five dollars ($5.00) for each civil traffic penalty to fund traffic education programs in Monroe County Schools pursuant to F. S. 318.1215, the Dori Slosberg Driver Education Safety Act. Board granted approval of a proposed Settlement Agreement in the Code Enforcement case of Monroe County, Florida v. Shark Bite Saloon, Inc., Case No. CE06080227. Board granted approval of a proposed Settlement Agreement in the Code Enforcement case of Monroe County, Florida v. Chester and Kristen Greunke, Case No. CE06080253. Board granted approval and authorized execution of a Second Extension Agreement between Monroe County and Anderson Outdoor Advertising Agency with John Anderson to handle all advertising at the Key West International Airport Terminal. Board granted approval for Agreement with Gonzalez Architects to temporarily toll the statute of limitations in order to attempt to resolve any claims. Board granted approval of settlement in the matter of Monroe County v. Lodge Construction v. Bender & Associates, CA K 00-617 under terms as outlined in the mediated settlement agreement and authorized for the County Attorney, or her designee, to execute any substitute document which include all of the material terms. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to re-consider agenda item 03 concerning the appointment of John Marston to serve on the Planning Commission, District 4 Representative. Motion carried unanimously. Peter Horton, Airports Director; Danny L. Kolhage, Clerk of Court; and Suzanne Hutton, County Attorney discussed Purchase Service Order No. 06/07-24 with URS for Runway Safety Area (RSA) design plans and specifications for the Key West International Airport. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. 219 The Board discussed Fiscal Year 2008 Rates & Charges for the Key West International Airport, to become effective October I, 2007. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the item. Motion carried unanimously. Said document is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item concerning appointments to the Tourist Development Council. The following individuals addressed the Board: Gayle Tippett, Chairman ofDAC II, and Diane Beruldson. Suzanne Hutton, County Attorney addressed the Board. No official action was taken. MISCELLANEOUS BULK ITEMS The Board discussed replacement of Exhibit II of all four (4) existing franchise contracts - Waste Management of Florida, Inc.; Mid-Keys Waste, Inc.; Keys Sanitary Service; and Ocean Reef Club, Inc., to reflect Fiscal Year 2008 residential and commercial collection rates. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the item. Motion carried unanimously. The Board discussed renewal of the Contract with Evans Environmental & Geological Science & Management, LLC (EE&G) for beach cleaning, maintenance and beautification of Higgs Beach. The following individual addressed the Board: Diane Beruldson. Suzanne Hutton, County Attorney and Tom Willi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed a First Amendment to Contract between Owner and Architect/Engineer - MBVK2M Architecture, Inc. for the design and construction administration of a new Public Works Facility. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the item Motion carried unanimously. The Board discussed a Resolution to authorizing an additional "Authorized Issuer Officer" regarding the Airport Variable Rate Revenue Bonds (Key West International Airport) Series 2006 Bonds. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 313-2007 Said Resolution is incorporated herein by reference. The Board discussed the following two (2) items: 220 State of Florida Commission for the Transportation Disadvantaged Standard Coordinator/Operator Contract for the Community Transportation Coordinator/Guidance Clinic of the Middle Keys for the contract period of July 1, 2007 through June 30, 2008. State of Florida Commission for the Transportation Disadvantaged Medicaid Non-Emergency Transportation (NET) Program Subcontracted Transportation Agreement between the Momoe County and the Guidance Clinic ofthe Middle Keys for the contract period of July 2, 2007 through December 31,2007 to provide fee-for-service for Medicaid (NET) as a Subcontracted Transportation Provider. Note the contract is for 6 months to run concurrently with the current contract between the Commission for the Transportation Disadvantaged and Momoe County's CTC. Deb Barsell, Community Services Director discussed the items. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of the above two (2) items. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor DiGennaro discussed his item concerning a Resolution to create the Criminal Justice Mental Health & Substance Abuse Policy Council; and approval of the persons named to serve on the council from the agencies as designated for participation in the guiding legislation, HB 1477. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 314-2007 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS The Board discussed various resolutions for the Transfer of Funds and Receipt of Unanticipated Revenue. The following individual addressed the Board: Diane Beruldsoll. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolutions. Motion carried unanimously. Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 315-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 316-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). 221 RESOLUTION NO. 317-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 318-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 319-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 320-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 321-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 322-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 323-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 324-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. II). RESOLUTION NO. 325-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 326-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 327-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 328-2007 Said Resolution is incorporated herein by reference. 222 Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 329-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 330-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 331-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 332-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 333-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.20). RESOLUTION NO. 334-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 335-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 336-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 337-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds OMB Schedule Item No. 24). RESOLUTION NO. 338-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 339-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). 223 RESOLUTION NO. 340-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 341-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 342-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 343-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 344-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 345-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 346-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 347-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 34). RESOLUTION NO. 348-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 349-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 350-2007 Said Resolution is incorporated herein by reference. Motion carried unanimously. 224 The Board discussed creating a new Special Revenue Fund, Building Fund 180 and approval of a resolution for the transfer of funds to start up FY 08 budget. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. Transfer of Funds RESOLUTION NO. 351-2007 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL The Clerk announced the vacancy of one position on the Tourist Development Council District Advisory Committee for an "At Large" appointment. The Clerk announced the vacancy of one position on the Tourist Development Council District N Advisory Committee for an "At Large" appointment. The Clerk announced the vacancy of one position on the Tourist Development Council District V Advisory Committee for an "At Large" appointment. The Board discussed the Agreement with the Monroe Council of the Arts that commences on October 1,2007 which funds the costs of tourist related programs. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to continue the item to the October, 2007 Board meeting in Key West. Motion carried unanimously. STAFF REPORTS Communitv Services - Deb Barsell, Division Director referred the Board to her written report. Ms. Barsell recognized Leonard Whitley, CNA at Bay Shore Manor and Peter Taylor, Senior Library Assistant at Islamorada Library who both retired last month after many years of service to Monroe County. Emplovee Services - Teresa Aguiar, Division Director informed the Board that ten (10) employees participated in the County's early retirement buyout program. Ms. Aguiar discussed the agenda item approved earlier in the day concerning the assumption from The Allen Group to Horizon Behavioral Services, Inc., to manage the County's Employee Assistance Program (EAP). Emergencv Services - Fire Chief, Captain Wayne Hinnant discussed the following matters: The Fire Chief conducted environmental scanning to familiarize himself with outside organizations and agencies that impact the delivery of emergency services; Status of hiring candidates for - Logistics Specialist, Firefighters, Paramedics, and Emergency Medical Technicians; Met with representatives ofFKCC regarding the development and delivery of a Fire Science Degree program; Bid opening for Fire Station #13 (Big Pine Key) is scheduled for the end of the month with contract before the Board 225 at the November BOCC meeting; and that the possession ofthree (3) fire apparatus should occur prior to January. Airports - Peter Horton, Airports Director discussed air service at Florida Keys Marathon and Key West International Airports. Growth Management - Andrew Trivette, Division Director reported to the Board concerning the Navy's ACUIZ and their plans to hold a meeting/workshop. Technical Services - Lisa Druckemiller, Senior Administrator - Technical Services reported on the status of the new GIS Data Base Web Server installed in the Growth Management Division. Drew Trivette addressed the Board. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval and authorizing execution of an Amendment to Agreement between Momoe County and with DRC Emergency Services, LLC extending the agreement for one year. Motion carried unanimously. The Board discussed a Memorandum of Agreement between Momoe County and NOAA to facilitate cooperation and coordination for the funding and implementation of emergency response and marine salvage efforts within the Florida Keys National Marine Sanctuary. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to continue the item to the BOCC meeting in October, 2007. Motion carried unanimously. COMMISSIONERS' ITEMS The Board returned to Mayor's DiGennaro's item concerning the appointment of John Marston to serve on the Planning Commission, District 4 Representative. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. Commissioner Neugent discussed his item for direction to Staff to identify all affordable/workforce housing allocations within the County and Municipalities with the timeline associated with each project and projected use of the allocations. Andrew Trivette, Growth Management Director and Lisa Tennyson, Affordable Housing Coordinator discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the direction to Staff of identifying all affordable/workforce housing allocations within the County and Municipalities with the timeline associated with each project and projected use of the allocations. Motion carried unanimously. 226 WASTEWATER ISSUES Motion was made by Commissioner McCoy and seconded by Commissioner Murphy granting approval and authorizing execution of a First Amendment to Interlocal Agreement of Cooperation in Wastewater System Development to the September 6, 2005 ILA between Monroe County and FKAA. Motion carried unanimously. The Board discussed a Resolution in support of encouraging the Florida Keys Wastewater Assistance Foundation, Inc., in its Keyswide mission. The following individual addressed the Board: Keith Douglas, representing the Florida Keys Wastewater Assistance Foundation, Inc. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 352-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution to appropriate $3.5M to pay FKAA reimbursement requests for the Big Coppitt Regional Wastewater Treatment System. Motion carried unanimously. RESOLUTION NO. 353-2007 Said Resolution is incorporated herein by reference. ENGINEERING Dave Koppel, County Engineer discussed his response to the Grand Jury Report concerning the Key West International Airport. Tom Willi, County Administrator discussed the matter. PRESENTATION OF AWARDS Commissioner McCoy made a presentation of his newly-published book The Architectural Works of Charles McCoy, AlA and provided complimentary copies to the Monroe County Library for inclusion in the Florida History collection. CLOSED SESSION Suzanne Hutton, County Attorney announced pursuant to Florida Statute, 286.011(8) the following sessions were closed to the public: A Closed Executive Session of the Board of County Commissioners in the matter of Florida Keys Citizens Coalition & Last Stand v. DCA and Monroe County, DOAH 06- 2449. 227 A Closed Executive Session ofthe Board of County Commissioners in the matter of Galleon Bay Corp. v. Monroe County v. State of Florida, CA K 02-595. The Board returned to Open Session with all Commissioners present. PUBLIC HEARINGS The following Public Hearings were held: A Public Hearing to reconsider a request for Administrative Relieffor Robert Holeman on Lot 1, Block 18, Largo Sound Park, Key Largo RE# 00469830.0000000. A Public Hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 2, Block 18, Largo Sound Park, Key Largo RE# 00469840.0000000. A Public Hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 3, Block 18, Largo Sound Park, Key Largo RE# 00469850.0000000. A Public Hearing to reconsider a request for Administrative Relief for Robert Holeman on Lot 4, Block 18, Largo Sound Park, Key Largo RE# 00469860.0000000. Bob Shillinger, Chief Assistant County Attorney; Andrew Trivette, Growth Management Director; and Ralph Gou1dy, Sr. Administrator Environmental Resources discussed the matter. The Board accepted public input with the following individual addressing the Board: Russell Yagel, representing Robert Holeman. After discussion, motion was made Commissioner McCoy and seconded by Commissioner Murphy to adopt the following Resolutions granting Administrative Relief in the form of a Dwelling Unit Allocation Award for each item. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 354 -2007 RESOLUTION NO. 355-2007 RESOLUTION NO. 356 -2007 RESOLUTION NO. 357-2007 Said Resolutions are incorporated herein by reference. 228 COUNTY ADMINISTRATOR Tom Willi, County Administrator discussed the BOCC Workshop scheduled for October 3, 2007 at the Harvey Government Center in Key West. The Board cancelled said workshop and agreed for it to be rescheduled in conjunction with the Navy's forthcoming ACUIZ public meeting. COUNTY ATTORNEY Suzanne Hutton, County Attorney referred the Board to the written Litigation Report. Ms. Hutton informed the Board that the County Attorney's Office should be in their new premises in about 2-3 weeks. COUNTY ADMINISTRATOR The Board returned to the County Administrator's Report with the following individual addressing the Board: Sue Heim. Dawn Acker, Project Manager discussed grant activity being pursued by the project manager. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed Board direction for renewal of Lease Agreement concerning the property located off of West Summerland Key aIkIa Spanish Harbor Key. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy authorizing the County Attorney to bring back to the Board for consideration a Lease Agreement for same. Motion carried unanimously. Suzanne Hutton, County Attorney discussed Board direction for a possible Interlocal Agreement (ILA) for a collaborative effort with municipalities and special districts to seek substantial wastewater funding from the State. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy authorizing the County Attorney to move forward and further explore for additional information to bring back to the Board for consideration. Motion carried unanimously. The Board discussed an Interlocal Agreement (ILA) between Monroe County and the School Board of Monroe County to cooperate in support of "Its Just 4 Kids, Inc.", a Florida non-profit corporation, for Fiscal Year 2006-2007. Danny Kolhage, Clerk of Courts and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner McCoy granting approval and authorizing execution of the ILA. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar No 229 Mayor DiGennaro Yes Motion carried. The Board discussed a 5- Y ear lnterlocal Agreement with the Florida Keys Aqueduct Authority for installation and maintenance of fire hydrants in unincorporated Monroe County. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to appoint Sherry Popham to the Planning Commission Board commencing September 21, 2007 through November 15, 2009. The following individuals addressed the Board: Jim Cameron, Chairman of the Planning Commission; Diane Beruldson, and Pauline Klein. After discussion, motion was made by Commissioner Murphy and seconded by Mayor DiGennaro appointing Sherry Popham to the Planning Commission. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a Resolution setting the date, time and place for a public hearing concerning the proposed abandonment of a portion of Fourth Street, "Summerland Beach Addition No. I", Summerland Key, Monroe County, Florida as recorded in Plat Book 3, Page 20, of the Public Records of Monroe County, Florida. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 358-2007 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held concerning consideration of a Resolution to transmit to the Florida Department of Community Affairs an amendment to the Monroe County 2010 Comprehensive Plan revising sections of the Future Land Use element and the Conservation and Coastal Management element regarding recreational and commercial working waterfronts. The Board accepted public input with the following individuals addressing the Board: Ron Miller, representing the Upper Keys Citizen's Association; Pam Martin, member ofthe Marine & Port Advisory Committee; Pauline Klein, Jerry Coleman, representing Robbie's Safe Harbor; Kathy Wheeler, representing the Big Pine Key Civic Association; Donna Bosold, representing Craig Company clients; Mimi Stafford, Diane Beruldson, David P. Horan, representing Safe Harbor owners; Charlie Renier, representing Safe Harbor; Ty Symroski, Peter Bacle, and Sherry Popham. Andrew Trivette, Growth Management Director and Tom Willi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Murphy and 230 seconded by Mayor DiGennaro to transmit to the Florida Department of Community Affairs - Planning Commission Resolution No. P34-07, (Version 2 Ordinance form). Roll call vote was unanimous. Motion was made by Commissioner Murphy and seconded by Commissioner McCoy to transmit separately to the Florida Department of Community Affairs - the Addendum presented to the BOCC by David P. Horan and Jerry Coleman - entitled Addendum to Working Waterfront Camp. Plan Amendment. After consideration, the motion was withdrawn. Assistant County Attorney, Susan Grimsley and County Attorney, Suzanne Hutton addressed the Board. After consideration, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to rescind the previous motion that would have transmitted to the Florida Department of Community Affairs- Planning Commission Resolution No. P34-07, (Version 2 Ordinance form). Motion carried unanimously. Motion was then made by Commissioner Murphy and seconded by Commissioner Spehar to transmit to the Florida Department of Community Affairs - Planning Commission Resolution No. P34-07, (Version 2 Ordinance form), amended with the language from the document entitled Addendum to Working Waterfront Camp. Plan Amendment, showing the first seven (7) Whereas clauses as Findings and the remaining two (2) items as additions to Policy 101.4.7 (e)& (t), at end of Version 2. Roll call vote was unanimous. RESOLUTION NO. 301-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning consideration of a Resolution for a budget amendment for KW AlP Series 2006 Bonds Fund 405. There was no public input. Motion was made by Commissioner Spehar and Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 359-2007 Said Resolution is incorporated herein by reference. There being no further business, the meeting ofthe Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex -officio Clerk to the Board of County Commissioners Monroe County, Florida ~C.~ Isabel C. DeSantis, eputy Clerk