Loading...
12/19/2007 Regular 289 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 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 Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy.. Also present at the meeting were Debbie Frederick, Acting County Administrator; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. The Board recognized the Ramsey Family from Marathon and wished them well as a result of a recent crash involving their personal airplane. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval ofthe Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 15 years of service to Michael Saunders, Firefighter/EMT. Presentation of Years of Service Award for 20 years of service to Joseph Paskalik, Sr. Director Building Official, Building Department, Growth Management Division. Presentation of Employee Service Award for the month of May 2007 to Dawn Bender, Customer Service Representative II, Building Department, Growth Management Division. MISCELLANEOUS The Board thanked Debbie Frederick for the acceptance ofthe position of Acting County Administrator and Reggie Paros, for the acceptance of the position of Deputy County Administrator. 290 BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board adopted the following Resolution recognizing December 21, as National Homeless Persons' Memorial Day. RESOLUTION NO. 495-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Federally-Funded Subgrant Agreement, FY 2007 State Homeland Security Grant Program Agreement, Contract No. 08DS-60-ll-54-0l, between Monroe County and State of Florida, Division of Emergency Management and authorization for the County Administrator to execute any other required documentation in relation to the application process. Board granted approval to issue a Purchase Order and the authority to accept and sign the proposal from Horton Emergency Vehicles in the amount of$179,278.00 for the purchase of one 2008 Navistar Medium, 102" Type MED Model 603A Ambulance by piggy-backing the Escambia County bid Contract PD 05-06.048. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an emergency medical services (EMS) training envirorunent. Board granted approval and authorized execution of Supplemental Agreement No. 1 for Federal Aviation Administration (FAA) Memorandum of Agreement No. DTFASO-06-L-00099 between Monroe County and the United States Department of Transportation regarding back-up power supply for the Automated Surface Observing System installed on airport property. Board granted approval to negotiate a Lease Agreement for a parcel at the Florida Keys Marathon Airport on which to build aircraft hangars, if developable, at existing rates and charges with current airport tenants Richard Ramsey and R. Daniel Zieg. Board granted approval and authorized execution of an Extension Agreement between Monroe County and Florida Keys Funeral Services, LLC, ton continue to sub- lease premises for use as interim Medical Examiner facilities on a month-to-month basis, retroactive to October I, 2007, until completion ofthe new facility. Board granted approval and authorized execution of a Lease Extension between Monroe County and Beyer Funeral Home to continue to lease premises for use as interim Medical Examiner facilities on a month-to-month basis, retroactive to October I, 2007, until completion ofthe new facility. 291 Board adopted the following Resolution recognizing the services provided by the local office ofthe Division of Alcoholic Beverages and Tobacco, supporting the retention of the local office of the Division of Alcoholic Beverages and Tobacco, and providing for use of County office space. RESOLUTION NO. 496-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Assignment and Assumption Agreement of Contract and Consent ofthe Monroe County Board of County Commissioners with Synagro Southeast, Inc. (assignor) and Synagro South, LLC (assignee) for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. Board granted approval to pay G & K Services, Inc. for uniform service to the Division of Public Works during the start-up period ARAMARK Uniform & Career Apparel, LLC needed to measure, prepare and distribute new uniforms to Public Works staff. Board granted approval of Proposal #MLA VIKWUl by Audio Visual Innovations to upgrade video and audio broadcast equipment for MCTV in the Key West BOCC Chambers and the MCTV Broadcast Studio at the Harvey Government Center. Board granted approval of Republic Parking System operating budget for the period of November 1, 2007 through October 31,2008 for Parking Lot Management at the Key West International Airport. Board granted approval and authorized execution of Pur chasel Service Order No. 07/08-01 between Monroe County and URS for the Marathon Airport ALP UpdatelNoise Assessment Narrative Report. Board adopted the following Resolution repealing Resolution 209-1996 and adopting the Risk Management Policy and Procedures Contract Administration Manual; 2005 Edition, delegating the authority to modify or waive any requirements contained therein to the County Administrator, the Risk Manager, and/or County Attorney. RESOLUTION NO. 497-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Service Agreement between Monroe County and Preferred Government Claims Solutions to adopt and make retroactive to September 20, 2006 Attachment B, which was inadvertently omitted in the Service Agreement effective September 20, 2006 for Third Party Administration ofthe Monroe County Commissioners Workers' Compensation Program by Preferred Governmental Claims Solutions. 292 Board adopted the following Resolution authorizing the signing and submission of a Federal Transit Administration, 49 D.S.C., Section 5316 Year 2008-2009 "Job Access and Reverse Commute Program Capital Assistance" Grant Application, . Supporting Documents and Assurances to the Florida Department of Transportation to purchase softwarelhardware for twelve (12) mobile data terminals and acceptance of any subsequent grant award. RESOLUTION NO. 498-2007 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the signing and submission of a Federal Transit Administration, 49 D.S.C., Section 5317 Year 2008-2009 "New Freedom Program Capital Assistance" Grant Application, Supporting Documents and Assurances to the Florida Department of Transportation to purchase twelve (12) mobile data terminals and acceptance of any subsequent grant award. RESOLUTION NO. 499-2007 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the signing and submission of a Federal Transit Administration, 49 U.S.C., Section 5310 Year 33 (2008-2009) Capital Assistance Grant Application, Supporting Documents and Assurances to the Florida Department of Transportation to purchase two (2) transportation buses and acceptance of any subsequent grant award. RESOLUTION NO. 500-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution ofthe Master Agreement PA- 829 for the period 00 anuary 1, 2008 through December 31, 2008, between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services (In- Home Services ProgramlNutrition Program). Board granted approval and authorized execution of the Older Americans Act (OAA) Contract No. AA-829 (1/1/08 to 12/31/08) for Titles III-B, C-I, C-II and III-E between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County CommissionerslMonroe County In-Home and Nutrition Services. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County (Nutrition Program) and G.A. Food Service, Inc. to renew Contract for one additional year, January 1, 2008 to December 31,2008. Board granted approval and authorized execution of a Subrecipient Grant Agreement for Community Block Grant (CDBG) Disaster Recovery between Monroe County and the City of Key West, Community Development Office regarding the renovation at Bayshore Manor. Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. I). RESOLUTION NO. 501-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 502-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 503-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 504-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 505-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 506-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 507-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 508-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 509-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 510-2007 Said Resolution is incorporated herein by reference. 293 294 Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 511-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 512-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 513-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 514-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 515-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 516-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 517-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 518-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 519-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 520-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 521-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 522-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 523-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 524-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 525-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 526-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 401-2007 (OMB Schedule Item No. 27). RESOLUTION NO. 527-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 528-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 405-2007 (OMB Schedule Item No. 29). RESOLUTION NO. 529-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 397-2007 (OMB Schedule Item No. 30). RESOLUTION NO. 530-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 531-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 532-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 399-2007 (OMB Schedule Item No. 33). RESOLUTION NO. 533-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 398-2007 (OMB Schedule Item No. 34). 295 RESOLUTION NO. 534-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 400-2007 (OMB Schedule Item No. 35). RESOLUTION NO. 535-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 536-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 537-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 38). RESOLUTION NO. 538-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39). RESOLUTION NO. 539-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 540-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 394-2007 (OMB Schedule Item No. 41). RESOLUTION NO. 541-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 395-2007 (OMB Schedule Item No. 42). RESOLUTION NO. 542-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 396-2007 (OMB Schedule Item No. 43). RESOLUTION NO. 543-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 544-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 545-2007 Said Resolution is incorporated herein by reference. 296 297 Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 546-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 47). RESOLUTION NO. 547-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 548-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 549-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 50). RESOLUTION NO. 550-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 551-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 552-2007 Said Resolution is incorporated herein by reference. Board granted approval to close Fund 167, Conch Key MSTU, and instruct the Clerk of Court to transfer remaining residual funds to Fund 174, Conch Key MSTU. Board granted approval to advertise a Public Hearing for a Budget Amendment for One Cent Infrastructure Sales Tax Fund 304 and 2003 Revenue Bonds Fund 307. Board adopted the following Resolutions establishing a new Capital Projects Fund, Fund 308 for activity related to the Revenue Bond Series 2007 projects: Receipt of Unanticipated Funds. RESOLUTION NO. 553-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. RESOLUTION NO. 554-2007 Said Resolution is incorporated herein by reference. 298 Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Pedro Falcon Electrical Contractors Inc. for the construction of the Big Pine Key Fire Station. Board granted approval to execute a Local Governmental Agreement between South Florida Water Management District (SFWMD) and Monroe County to provide $500,000 funding for stormwater management projects. Board granted approval for Vintage Props & Jets, Inc. to occupy space in the Adam Arnold Annex at the Key West International Airport on a month-to-month basis. Board granted approval and authorized execution of an Institutional Membership Agreement between Monroe County and the Southwest Florida Library Network, Inc. (SWFLN), for purposes of enriching Library services and access to materials, inter- library cooperation, staff training opportunities at no extra cost, and promotion of professional relations. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of Amendment #3 to the Agreement between Monroe County and Keys Association of Dive Operators (KADO) to revise the Recommendation Committee Member name to Tom Timmerman for DAC IV. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Islamorada Village ofIslands covering beach cleaning and maintenance in an amount not to exceed $28,149, DAC IV, FY 2008 Capital Resources. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Key West Botanical Garden Society, Inc. to revise termination date to August 1, 2008. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Key West Business Guild covering Womenfest 2008 in an amount not to exceed $10,000, DAC I, FY 2008 Event Resources. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution adopting the Annual Assessment of Monroe County Public Facilities Capacity for 2007 as submitted by the Monroe County Department of Planning and Environmental Resources. RESOLUTION NO. 555-2007 Said Resolution is incorporated herein by reference. 299 Board granted approval to advertise Notice ofIntent to adopt an Ordinance and hold a Public Hearing to amend Section 6-17( d) to delete outdated wording regarding Hurricane Wilma. Board granted approval to advertise Notice ofIntent to adopt an Ordinance and hold a Public Hearing to amend Section 6-20(b) (c) to allow all approved inspections to qualify for equal time (180 days) to extend an existing permit and Section 6-20(f) to increase the demolition permit expiration time from 60 to 180 days, to be consistent with the current Florida Building Code. Board adopted the following Resolution supporting the temporary installation by Keys Hydro Power of an experimental hydrokinetic turbine at a specific location in Bahia Honda Channel, which has been determined to be appropriate for the proposed testing and should not pose any significant enviromnental impacts or navigational hazard. RESOLUTION NO. 494-2007 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of the request for Expenditures from the Law Enforcement Trust Fund, as follows: $540.71 - Monroe County Sheriffs Office - to help provide gifts for Santa to give to the children that visit the MCSO Animal Farm on Santa on the Farm open house. $10,000.00 - Samuel's House - to help provide food and care for the women at Samuel's House due to the loss of grant money. Board granted approval and authorized execution of an Agreement between Monroe County and the Monroe County Sheriffs Office to apply for reimbursement of funds from the UASI Grant/Homeland Security Office of Domestic Preparedness with the City of Miami. The $245,975.50 from the grant will be used to purchase a Crime Scene Response van and radio communications equipment for Fire Rescue and EMS. COMMISSIONERS' ITEMS Board granted approval to include, Monday December 24, 2007 as a holiday for County Employees. COUNTY CLERK Board granted official approval ofthe Board of County Commissioner minutes from the Regular and Special Meeting of October 17,2007 (previously distributed). 300 Board granted approval of the following Warrants (103161-103186 & 522696- 523300): General Fund (001), in the amount of$2,268,097.28; Fine & Forfeiture Fund (101), in the amount of$6,242,078.65; Road and Bridge Fund (102), in the amount of $48,431.15; TDC District Two Penny (115), in the amount of $369,659.08; TDC Admin. & Promo 2 Cent (116), in the amount of$259,51O.21; TDC District 1,3 Cent (117), in the amount of$132,896.42; TDC District 2,3 Cent (118), in the amount of $7,641.64; TDC District 3,3 Cent (119), in the amount of$136,469.53; TDC District 4,3 Cent (120), in the amount of$78,059.02; TDC District 5,3 Cent (121), in the amount of$21,490.20; Gov. Fund Type Grants (125), in the amount of$I,241,178.47; Impact Fees Police Fac (134), in the amount of$42,687.73; Fire & Amb Dist 1 L&M Keys (141), in the amount of$150,481.43; Upper Keys Health Care (144), in the amount of$960.17; Uninc Svc Dist Parks & Rec (147), in the amount of$22,945.21; Plan, Build, Zoning (148), in the amount of$78,121.39; Municipal Policing (149), in the amount of $920,692.06; 911 Enhancement Fee (150), in the amount of$194,231.72; Duck Key Security (152), in the amount of$281.08; Local Housing Assistance (153), in the amount of $77,280.49; Boating Improvement Fund (157), in the amount of $51,457.18; Misc. Special Revenue Fund (158), in the amount of$128,752.63; Environmental Restoration (160), in the amount of$333.73; Law Enforcement Trust (162), in the amount of$I,719.00; Court Facilities Fees-602 (163), in the amount of $2,641.33; Conch Key Wastewater MSTU (167), in the amount of$13,613.00; Big Coppitt Wastewater MSTU (169), in the amount of$I92.98; Stock Island Wastewater (171), in the amount of$35,579.27; Conch Key MSTU (174), in the amount of$215.50; Duck Key MSTU (176), in the amount of $25,527.15; Building Fund (180), in the amount of$5,568.68; 1 Cent Infra Surtax (304), in the amount of$3,617,691.07; 2003 Revenue Bonds (307), in the amount of $364,723.45; Card Sound Bridge (401), in the amount of$229,413.01; Marathon Airport (403), in the amount of$182,707.17; Key West IntI. Airport (404), in the amount of$228,082.57; KW AlP Series 2006 Bonds (405), in the amount of$I,204,604.67; MSD Solid Waste (414), in the amount of $1,202,899.67; Worker's Compensation (501), in the amount of$185,973.40; Group Insurance Fund (502), in the amount of$233,733.06; Risk Management Fund (503), in the amount of $20,092.22; Fleet Management Fund (504), in the amount of $171,081.92; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,020.00. Board granted approval of the following Tourist Development Council Expenditures for the month of November, 2007: Advertising, in the amount of $12,425.23; Bricks & Mortar/Projects, in the amount of$205,401.33; Visitor Information Services, in the amount of$61,123.00; Events, in the amount of$251,478.16; Office Supplies & Operating Costs, in the amount of$26,970.78; Public Relations, in the amount of$82,292.55; Sales & Marketing, in the amount of$53,332.12; Telephone & Utilities, in the amount of$II,698.44; Travel, in the amount of$18,008.83. Board granted approval to remove surplus equipment from inventory via disposal and/or advertise for bids (said list is incorporated herein by reference). 301 COUNTY ADMINISTRATOR Board granted approval and authorized execution of a First Amendment to Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services. Board adopted the following Resolution abolishing the Citizens Code Committee. RESOLUTION NO. 556-2007 Said Resolution is incorporated herein by reference. Board granted approval of the appointment of Kim Bassett to the Board of Directors of the Health Council of South Florida under the category of provider to serve a two year term, replacing Debbie Premaza who resigned. COUNTY ATTORNEY Board granted approval ofa September 2007 invoice in the amount of$6,223.75 from Marr & Associates for services regarding Galleon v. Monroe County, Case No. 2004-CA-02-595-K. Board granted approval of an August 2007 invoice in the amount of $2, I 00.00 from Joseph A. Masullo, Architect, for services regarding Monroe County v. Lodge Construction. Board granted approval of a September 2007 invoice in the amount of$5,533.63 from FTI Brower, Kriz & Stynchcomb Construction Solutions for services regarding Monroe County v. Lodge Construction. Board adopted the following Resolution rescinding Resolution No. 425-2007 and directing the Supervisor of Elections of Monroe County, Florida to place on the January 29, 2008 Presidential Preference Election Ballot the referendum question set forth in this Resolution concerning whether the School Board of Monroe County should be authorized to levy a .5 mill ad valorem tax. RESOLUTION NO. 557-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Utility Easement by and between Monroe County and Florida Keys Electric Co-op for the Murray E. Nelson Building. Board granted approval to advertise a Public Hearing to consider approval of a proposed Ordinance which will clarify appointment authority of the Shared Asset Forfeiture Fund Advisory Board and which will specify the length ofterms of its' members. 302 Board granted approval and authorized execution of a Settlement Agreement between Monroe County Code Enforcement and Key Largo Ocean Resorts Co-op, Inc., Ramiro.J Aburto, Ramiro D. Aburto and Flor Aburto, Code Enforcement Case No. CE06II0030. Board granted approval and authorized execution of a Settlement Agreement between Monroe County Code Enforcement and Key Deer Enterprises, Inc., Code Enforcement Case No. CE06050255. Board granted approval to advertise a Public Hearing to consider approval of a proposed Resolution increasing the rate for attorney's fees sought by the County Attorney's Office under Section 2-365 of the Monroe County Code. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The following individuals addressed the Board concerning URS Purchase Service Order No. 07/08-06, concerning Key West Airport Runway Safety Area Improvements Permit Additional Services: Joan Borel, and Albert Sullivan representing Last Stand. Peter Horton, Director of Airports discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. Deb Barsell, Community Services Division Director discussed the approval of a Resolution supporting a rate increase for Monroe County Transit from a I-way trip fare of $1.00 for every 10 miles established in 2003 to a I-way trip fare of $2.00 with no mileage increments and a rate increase for Monroe County Transit Buspass from $25.00 to $40.00 for unlimited use for the calendar month of purchase. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 558-2007 Said Resolution is incorporated herein by reference. Dave Koppel, County Engineer discussed the Change Orders considered by the County Administrator's Office for the period of 11/01/07 through 11/30/07, and a list of 303 Change Order requests submitted by contractors, and rejected by EngineeringlFacilities Development. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro approving the item. Motion carried unanimously. Dent Pierce, Public Works Director discussed with the Board the award of bid to Community Asphalt Corp. for road improvements to Key Deer Boulevard, on Big Pine Key. Dave Koppel, County Engineer also discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of a Contract between Monroe County and Community Asphalt Corp. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy Yes Motion carried. HOUSING & COMMUNITY DEVELOPMENT Presentations were made by 1) Gorman and Company, Inc. and 2) Habitat for Humanity ofthe Upper Keys, responding developers for AffordablelWorkforce Housing Development RFP 2007-01H for Key Largo Parcel (RE# 00554720) on First Avenue, MM 98, Oceanside. Lisa Tennyson, Affordable Housing Coordinator; and Reggie Paros, Housing and Community Development Director discussed the matter. The following individuals addressed the Board: Diane Beruldson, Pauline Klein, and Rick Casey. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to Award the project to Habitat for Humanity ofthe Upper Keys based on documents submitted, recommendation of Staff and respondents' presentations; and directed Staff to negotiate a 99 year lease for the project parcel. Roll call vote was unanimous. ENGINEERING Danise Henriquez, Monroe County Tax Collector discussed with the Board the Request for Proposals for the Development, Construction and Management ofHotel(s) at Key West International Airport and Florida Keys Marathon Airport in Monroe County. (This item was approved later in the meeting.) HOUSING & COMMUNITY DEVELOPMENT Presentations were made by 1) Gorman and Company, Inc. and 2) Biscayne Housing Group, responding developers for Affordable/Workforce Housing Development RFP 2007-01H for Tavernier Parcel (RE# 00488730) at the corner of US 1 and Burton Drive, approximately MM92. The following individuals addressed the Board: Diane 304 Beruldson and Rick Casey. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to Award the Project to Gorman and Company, Inc. based on documents submitted, recommendation of Staff and respondents' presentations; and directed Staffto negotiate a 99 year lease for the proj ect parcel. Roll call vote was taken with the following results: Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy No Motion ,:arried. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to award to the responding developer - Habitat for Humanity of Key West and the Lower Keys, the following Affordable/Workforce Housing Developments: Affordable/Workforce Housing Development RFP 2007-01H for Cudjoe Parcel (RE# 178350) between US I and Lafitte Drive, approximately MM 22. Affordable/Workforce Housing Development RFP 2007-01H for Big Coppitt Parcel (RE# 00156320) located at the comer of Emerald Drive, Sapphire Drive and US 1, approximately MM 10. The following individual addressed the Board: Ron Demes, representing the Naval Air Station, Key West. Motion carried unanimously. ENGINEERING Linda Glass-Johnson, Work Program Administrator - District VI, representing the Florida Department of Transportation (FDOT) made a presentation to the Board concerning the Annual Tentative Five- Year Transportation Plan by FDOT. Drew Trivette, Growth Management Director discussed a proposed road resurfacing project in Key Largo. After the presentation, the Board endorsed the Annual Tentative Five-Year Transportation Plan specific to Monroe County, with the following exceptions/caveats: A request to FDOT for additional consideration for the funding of the ferry boat service to Pigeon Key from Marathon. A request to FDOT for a reassessment of the County's proposals for improvements to the Old 7-Mile Bridge. 305 A request for FDOT to fund, in its entirety rather than a 50/50 share, the Card Sound Road/C905 Intersection project. A request to FDOT expressing an exception to their proposed road resurfacing project in Key Largo. After discussion, motion was made by Commissioner Murphy and seconded by Mayor McCoy accepting the Annual Tentative Five-Year Transportation Plan with the reservations mentioned to be discussed at a later date. Motion carried unanimously. Mayor McCoy excused himself from the meeting. WASTEWATER ISSUES Dave Koppel, County Engineer discussed service availability for contiguous properties under the same ownership on Stock Island and possible approval to install valve pits under the contingency line item of the Capacity Reservation and Infrastructure Contract with Key West Resort Utility Corp. The Board took no official action. Motion was made by Commissioner Spehar and seconded by Mayor Pro Tem DiGennaro to adopt the following Resolution authorizing the negotiation of a loan in an aggregate amount not to exceed $21,000,000 from the Florida Rural Utility Financing Commission for the purpose of financing the cost of certain wastewater improvements within Momoe County; approving the execution of a loan agreement between Momoe County, Florida and the Florida Rural Utility Financing Commission to provide interim financing to Momoe County, Florida; providing certain other matters in connection therewith; and providing an effective date. Motion carried unanimously, with Mayor McCoy not present. Suzanne Hutton, County Attorney discussed the matter. RESOLUTION NO. 559-2007 Said Resolution is incorporated herein by reference. Dave Koppel, County Engineer discussed a Resolution of the Momoe County Board of County Commissioners requesting that the Department of Enviromnental Protection provide project oversight to assist in the implementation of a comprehensive plan of Wastewater Treatment Management for the Florida Keys. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the item to the Board's February, 20, 2008 BOCC meeting in Key Largo. Motion carried unanimously, with Mayor McCoy not present. DIVISION OF GROWTH MANAGEMENT Mayor McCoy returned to the meeting and took his seat. Peggy Mathews, representing the American Watercraft Association made a presentation to the Board regarding boating rights in Biscayne National Park (Park), and 306 a request for the Board to provide a letter to the Superintendent of the Park to open the Intracoastal Waterway (ICW) to all registered vessels. The following individuals addressed the Board: Steve Bamdas, representing Riva South - Key Largo and Riva Motorsports - Pompano; and Sal Miziotta. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy denying the item. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance deleting Sections 2-267 through 2-269 of the Monroe County Code; abolishing the Housing Finance Authority; directing disposition of remaining Funds; providing for severability; providing for repeal of inconsistent provisions; providing for inclusion in the Monroe County Code; providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 046-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Bowen, LLC on property described as Lot 8, Block 14, Bowens addition to Riviera Village Subdivision, Key Largo, RE# 00513130.000000 in the form of purchase from the Land Authority. The Board took public input with the following individual addressing the Board: Mike Cannon. Andrew Trivette, Growth Management Director addressed the Board. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor McCoy to issue a permit to the applicant. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar No Mayor McCoy No Motion failed. After further discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution approving Staff recommendation in the form of purchase by the Monroe County Land Authority. Roll call vote was unanimous. RESOLUTION NO. 560-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Darren Scott on property described as Lots 4 & 5, Block 2, Winston Park Subdivision, Key Largo, RE# 00545650.000000 & 00545660.000000 in the form of one (1) dwelling unit allocation award. There was no 307 public input. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 561-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Jorge & Giselle Sanabria on property described as Lot 3, Block 2, Sunset Waterways Subdivision, Key Largo, RE# 00529800.000100 in the form of one (1) dwelling unit allocation award. 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. 562-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Frank Thomas on property described as Part Tract 1 & Part Government Lot 3, Section 12, Township 62, Range 38 Silver Shores Mobile Home Park Lot 805 Plat of Survey Lime Grove Estates Subdivision, Key Largo, RE# 00486852.013000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 563-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Thomas Carl and Judy M. Rothdeutsch on property described as Lot 6, Block 4, Port Pine Heights Subdivision, Big Pine Key, RE# 00289710.000000 in the form of purchase from the Land Authority. The Board took public input with the following individual addressing the Board: Thomas Rothdeutsch. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to issue a permit to the applicants. Chief Assistant County Attorney, Bob Shillinger also discussed the matter. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. 308 A Public Hearing was held to consider adoption of an Ordinance adopting an amendment to the Monroe County Land Development Regulations adding Section 9.5- 266.1 "Affordable Housing Incentive Programs"; providing a program dealing with mobile homes; providing for severability and repeal of inconsistent provision; providing for transmittal to the Department of Community Affairs and the Secretary of the State; providing effective date; providing for incorporation in the Monroe County Code of Ordinances. The Board took public input with the following individuals addressing the Board: Albert L. Sullivan, representing Last Stand; Owen Trepanier, representing Trepanier & Associates, Inc.; Ron Miller, Diane Beruldson, and Ed Swift. Suzanne Hutton, County Attorney discussed several revisions to the Ordinance. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro approving the following revision: Page 5 - c) Development Agreement Requirements: 1) Sender Site Restrictions: (1) ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to IS zonos sistriets as single familv lots within the same sub-areas that exist todav. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy Yes Motion carried. After further discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to continue the Public Hearing to the Board's January, 16,2008 BOCC meeting in Key West at 3 P.M. for the purpose of reviewing the revised document before transmittal to the State. Roll call vote was unanimous. A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners to update, annually, the Five (5) Year Schedule of Capital Elements and creating Policy 1401.1.6 to annually adopt by reference the Florida Key's Aqueduct Authority 20- Year Water System Capital Improvement Master Plan and creating Policy 1401.1.7 to annually adopt by reference The Florida Department of Transportation's (FDOT) Five (5) Y ear Work Plan. (Staff requested the item be withdrawn and re-advertised at a later date). The Board took no official action. A Public Hearing was held to consider adoption of an Ordinance amending the Monroe County Code by adding a new Section to Chapter 2, Art. XXVII. to be numbered Section 2-633, Teen Court Costs; providing for mandatory assessment for court costs in specific cases and quarterly disbursement by the Clerk to the Monroe County Sheriff s Office specifically for the operation and maintenance of Teen Court as allowed pursuant to Florida Statute 938.19; removing Teen Court Costs from Section 2-632(b )4.; providing 309 for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. The Clerk entered into the record a letter of support from Chief Judge Honorable Sandra Taylor, dated October 17, 2007. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 047-2007 Said Ordinance is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following Resolution authorizing the twenty-five percent of the Court costs and surcharges assessed/collected pursuant to Sec. 2-632(b) (4) Monroe County Code and F.S. 989.185(1) (a) 4 to be disbursed by the Clerk to the Sheriff of Monroe County on a quarterly basis solely to fund the intensive delinquency diversion services administered by the Monroe County Sheriffs Office. Motion carried unanimously. RESOLUTION NO. 564-2007 Said Resolution is incorporated herein by reference. CLOSED SESSION Mayor McCoy announced the Attorney-Client Closed Session of the Board of County Commissioners in the matter of Salvatore Zappulla v. Monroe County. Per F.S. 286.011(8), the subject matter ofthe meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. ENGINEERING Suzanne Hutton, County Attorney and Dave Koppel, County Engineer discussed approval to advertise a Request for Proposals for the Development, Construction and Management ofHotel(s) at Key West International Airport and Florida Keys Marathon Airport in Monroe County. Drew Trivette, Growth Management Director; Debbie Frederick, Acting County Administrator; and Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent approving the advertisement of a Request for Proposals for the Development, Construction and Management of Hote1( s) at Key West International Airport and Florida Keys Marathon Airport in Monroe County. The following individuals addressed the Board: Diane Beruldson and Kathy Wheeler. Roll call vote was unanimous. 310 PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution concerning a Budget Amendment of Fiscal Year 2008 Impact Fees Police Facilities Fund 134 and Impact Fees Fire Facilities Fund 135. 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. 565-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution electing to use the uniform method of collecting non-ad valorem special assessments levied within the unincorporated area ofthe County; stating a need for such levy; providing for the mailing ofthis Resolution; and providing for an effective date (to fund Fire Services). There was no public input. Tina Boan, Budget Manager; Wayne Hinnant, Fire Chief; and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 566-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution electing to use the uniform method of collecting non-ad valorem special assessments levied within the unincorporated area of the County; stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date (to fund stormwater services). There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 567-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution electing to use the uniform method of collecting non-ad valorem special assessments levied within the unincorporated area of the County; stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date (for the cost of providing wastewater utility services to properties in the Lower Sugarloafthrough the Big Pine Key Service Area and the Long Key Service Area). There was no public input. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 568-2007 Said Resolution is incorporated herein by reference. 311 STAFF REPORTS Engineering - Dave Koppel, County Engineer reported to the Board on the progress of the Freeman Justice Center project in Key West. COMMISSIONERS' ITEMS/COUNTY ATTORNEY The Board discussed the following two items: Commissioner Murphy's item concerning the approval to cancel the contract with Mr. Jerry Coleman as of January II, 2008. Approval to amend contract with Jerry Coleman, Esq., revising Exhibit A - Scope of Services to clarify the extent of services. The following individuals addressed the Board: Donna Windle, Kay Thacker, Ed Swift, and Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Mayor McCoy approving the cancellation ofthe contract with Mr. Jerry Coleman as of January 11, 2008. Roll call vote was taken with the following results: Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar No Mayor McCoy No Motion failed. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of an Amendment to the Agreement between Monroe County and Jerry Coleman, P.L. revising Exhibit A - Scope of Services; including the clarification for the rate of services for Mr. Coleman in the amount of$350 per hour and $175 per hour for a time keeper. Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. 312 The Board discussed an Amendment to an Interlocal Agreement with the Sheriff to allow him to take over responsibility of billing for air ambulance transport (Trauma Star) by utilizing the Sheriffs abbreviated procurement procedures to contract with a new billing agency. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Roll call vote was unanimous. The Board discussed the following items: Appointment of two (2) persons to fill the positions of elected municipal official to the Tourist Development Council. Appointment of Peter Batty, elected municipal official, to fulfill the remaining term of Robert Padron on the Tourist Development Council. Appointment of Lou Hernandez to the Tourist Development Council as the elected municipal official representing the most populace within the municipality in the County. The following individuals addressed the Board: Ian Whitney, representing the Key West Innkeepers Association; Paul Hayes, representing the Key West Business Guild; Jackie Harder, representing the Key Largo Chamber of Commerce; Diane Beruldson, Kate Miano, representing The Gardens Hotel; Charles Young, representing The Crowne Plaza-LaConcha Key West; and Robert Stober, representing the Islamorada Chamber of Commerce. The Board proceeded to ballot on the selection of the appointments of two (2) persons to fill the positions of elected municipal official to the Tourist Development Council, with the following results: Name DiGennaro McCov Murphy Neugent Spehar Total Batty X X 2 Hernandez X X X 3 Commissioner Murphy nominated Key West City Commissioner Teri Johnston and Commissioner DiGennaro nominated Key West Mayor Morgan McPherson. Name DiGennaro McCov Mumhv Neugent Spehar Total McPherson X X X 3 Johnston X X 2 Based on the above results, Lou Hernandez was selected to the Tourist Development Council with said term expiring on August 16, 2009 and Mayor Morgan 313 McPherson was selected to the Tourist Development Council with said term expiring on December 19, 2011. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval to waive the impact fee for the City of Key West waste transfer station on Rockland Key. Motion carried unanimously. Dave Koppel, County Engineer discussed the matter. Diane Beruldson addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution authorizing the Mayor Pro Tern to serve as the official elected point of contact to the Department of Community Affairs and other agencies, with respect to Housing, Land Use, and Wastewater issues. Authorizing the Mayor Pro Tern to discuss future Area of Critical State Concern and Work Program actions with state agencies and to utilize appropriate travel and staff/personnel assistance. Roll call vote was unanimous. RESOLUTION NO. 569-2007 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Debbie Frederick, Acting County Administrator referred the Board to the November Grant Activity Report. Ms. Frederick discussed a proposed legislative request concerning the City of Marathon and Islamorada, Village ofIslands. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to cancel the Board of County Commissioners' workshop scheduled on January 9,2008 and called a Special BOCC Meeting on January 25,2008,9:00 a.m. at the Marathon Government Center for the purpose of discussion and action on budget reduction options. Roll call vote was unanimous. The Board discussed the approval of instructing Staff to conduct a national search for a County Administrator utilizing in-house services. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to proceed immediately with the item. Roll call vote was unanimous. COUNTY ATTORNEY The Board was provided with the written County Attorney litigation report for the month of December, 2007. Ms. Hutton requested a Closed Session be held in the matter of Monroe County v. Bender & Associates, Case No. CA-K-03-915. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to hold a Closed Session on January 16,2008 at 2:00 P.M. at the Harvey Government Center in Key West. Motion carried unanimously. 314 Ms. Hutton requested a Closed Session be held in the matter of Momoe County v. Tropex Construction Services, Inc., Case No. CA-P-0644. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to hold a Closed Session with the Board on January 16, 2008 at 2:30 P.M. at the Harvey Govermnent Center in Key West. Motion carried unanimously. The Board discussed an October 16, 2007 invoice in the amount of $41 ,296.50 from Paul Hastings for services regarding Galleon v. Momoe County, Case No. 2004- CA-02-595-K; and an Amendment to the Legal Services Agreement with the firm of Paul, Hastings, Janofsky & Walker to reflect new hourly rates and additional time keepers. After discussion, motion was made by Cormnissioner Spehar and seconded by Commissioner DiGennaro to table the items to the Board's January 16,2008 BOCC meeting in Key West. Motion carried unanimously. Chief Assistant County Attorney, Bob Shillinger discussed the approval for Karl Barth, Esq. and David Killea, Esq. as additional time keepers to work with the firm of Aronovitz, Jaffe and Free & Weiss LLC in the claim against Hotels.com and other Internet travel service providers. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy approval the item. Motion carried unanimously. Suzanne Hutton, County Attorney discussed terminating the Contract with William Brinton, Esq., who provided a draft of the ordinance in 2006. Due to other issues taking priority over this ordinance, the draft has not been fully vetted through staff, but the County Attorney's Office has the legal expertise to complete the project. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to table the following two items to the Board's February 20,2008 BOCC meeting in Key Largo: Approval to advertise a public hearing for an Ordinance to impose a ninth-cent local option motor and special fuel ("gas") tax. Approval to advertise a public hearing for an Ordinance to impose a five-cent local option motor and special fuel ("gas") tax; to clarify the statutory authority for the existing six-cent "gas" tax, and to revise the distribution language for the existing "gas" tax since municipalities have incorporated since the prior ordinance was enacted. Motion carried unanimously. The Board discussed the approval to advertise a Public Hearing to consider enactment of an Ordinance amending Section 2-299, Momoe County, regarding the appointment process for members of the Tourist Development Council (TDC) and District Advisory Councils (DACs). The proposed Ordinance would amend the Momoe 315 County Code to clarify that the six members who sit on the TDC by virtue of involvement with the tourist industry are representing a tourism tax collection district in which the member's business is located. The proposed amendment would also clarify the absenteeism policy of the TDC, by stating that the absence of an elected official who is absent because of his/her official business shall be considered an excised absence and shall not be counted toward the three maximum allowable absences. The following individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce; Rob Stobor, representing the Islamorada Chamber of Commerce; Diane Beruldson, and Paul Hayes, representing the Key West Business Guild. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent approving the item. Motion carried unanimously. Chief Assistant County Attorney, Bob Shillinger discussed a Settlement Agreement between Monroe County Code Enforcement and Key Largo Ocean Resorts Co-Op, Inc., Gabriel Znidarcic and Hazel Lorenzo, Code Enforcement Case No. CE06110028 the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the item. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida JhcJrJe, ~xf~ Isabel C. DeSantis, Deputy Clerk