Loading...
05/21/2008 Regular 87 MINUTES OF THE MONROE COUNTY ROARI) OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 21,2008 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Key Largo Library. Present and answering to ron can 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 Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. PRESENTATION OF AWARJ)S Presentation of Years of Service Award for 20 years of service to Priscilla London, Sr. Safety Administrator, Employee Services. Presentation of Years of Service Award for 10 years of service to Monroe County to Eduardo Capote, Maintenance Worker, Unincorporated Parks & Beaches, Public Works Division. Presentation of Mayor's Proclamation Proclaiming the Month of May as Motorcye1e Safety Awareness Month. Presentation of Mayor's Proclamation Proclaiming the Week of May 17th through May 23rd 2008 as Safe Boating Week. Presentation of Mayor's Proclamation Proclaiming Baptist Health South Florida as an Outstanding Employer. Presentation of President's Exceptional Leadership Award to Jerry O'Cathey as the outgoing Florida Society of Certified Public Manager's Program President. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval ofthe Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to include on today's agenda - Sounding Board Item K.2 in regards to the contract for the ADA Compliance Assessment for Circuit and County Court facilities - Jimmy Morales. Motion carried unanimously. 88 BULK APPOV ALS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval and authorized execution of an Employee Assistance Progranl Renewal Agreement between Monroe County, Florida and Horizon Behavioral Services, Inc, for the period ofJune I, 2008 through May 31, 2009. Board granted approval to submit for acceptance and signature of our County Mayor or Acting County Administrator of an Interlocal Agreement between City of Key West Transit and Monroe County, to provide our residents and guest emergency transportation during mandated hurricane evacuation orders to the county shelter located at the Florida International University campus in Miami Dade County, re-entry, and recovery phase. Board granted approval and authorized execution of a Federal Aviation Administration Grant Agreement, Project Number: 3-12-0037-034-2008, between Monroe County and the U. S. Department of Transportation Federal Aviation Administration to Construct Terminal Building (Bond Repayment, Principal Only) in the amount of$I,664,272.00. Board granted approval to award Public Works surplus items as described in attached Recap of Bid Opening on December II, 2007 (Items 21 and 22). Board granted approval to transfer title to County vehicle number 0901-170 (serial number lFTDFI5Y6SNBI7690 (1995 Ford F-150 pickup truck) to the Florida Departrn,ent of Environmental Protection/Office of Greenways and Trails (FDEPIOGT), for clean up activities on County bridges along the Florida Keys Heritage Trail. Board granted approval to waive purchasing policy and accept a proposal from Hauber Inc., to perform fuel tank repairs at the Key West Courthouse, Courthouse Am1ex and Harvey Government Center. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for the Lower Keys Facilities - Monroe County Courthouse Am1ex, alk/a Judge Jefferson 13. Browne Courtroom Complex, J. Lancelot Lester Justice Building including Clerk's Records Storage Facility, Juvenile Detention, Key West Library (May Hill Russell Library). Board granted approval to award bid and authorized execution of a Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library, Big Pine Key, Florida. 89 Board granted approval to award bid and authorized execution of a Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Islamorada Library, Islamorada, Florida. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Key Largo Library, Key Largo, Florida. Board granted approval to award bid and authorized execution of an Agreement between Monroe County and Blue Island Irrigation, Inc. for lighting at West Martello Towers, Key West. Board granted approval and authorized execution of a Grant of Easement to the Florida Keys Aqueduct Authority on the Islander Village workforce housing development property to permit the installation, operation, and maintenance of water transmission and distribution facilities. Board granted approval to waive purchasing policy and purchase portable digital x-ray equipment for the Medical Examiner facility from MinXray, Inc., in the amount of $35,411.07. Board granted approval to advertise a public hearing for a Budget Amendment for the following funds: Card Sound Bridge Fund 401, MSD Solid Waste Fund 414, Fleet Management Fund 504, Key West International Airport Fund 404, Key West Airport Series 2006 Bonds Fund 405, and Local Housing Assistance Fund 153. Board granted approval and authorized execution of a Contract between Monroe County and the Marathon Garden Club to hold the "Tenth Annual Florida Keys Tropical Fruit Fiesta" at the Club. Board granted approval to rescind the 1/25/08 resolution to decrease the three animal control contracts by $17,000 each for 2 years and to maintain basic animal control services in Big Pine Key at the facility located on Industrial Road. This action is requested in response to public input, willingness by Keys Energy Services to negotiate a short-term lease with the County to maintain the facility for basic animal services in Big Pine Key, and legal limitations concerning amending current contacts. Board granted approval and 'authorized execution of a Memorandum of Understanding for APS (Adult Protective Services) Referrals between Monroe County Board of County Commissioners (In-Home Services), The Department of Children & Families :md the Alliance for Aging (Aging and Disability Resource Center/Aging Agency on Aging for Miami-Dade and Monroe Counties). 90 Board granted approval and authorized execution of Utility Easements between Monroe: County, the Florida Keys Electric Cooperative Association and Bellsouth Telecommunications on a portion of St. Croix Place in Key Largo. Board granted approval to negotiate a contract with Reynolds, Smith and Hills, Inc. for design services for US 1 Stormwater Improvements. Board granted approval of First Amendment of the Contract for Temporary Pigeon Key Ferry Service, extending the termination date six months to December 30, 2008. Board granted approval of Amendment to Lease Agreement between Monroe County and Hangers On, Inc., Tenants, for hangar space at the Florida Keys Marathon Airport. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Dolphin Research Center to extend the termination date for the Dolphin Research Center Parking Area Project. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Florida Keys Land and Sea Trust, Inc. to extend date of Agreement to revise Exhibit A and extend Agreement to June 30, 2009. Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and The Key West Harry S. Truman Foundation, Inc. to extend Agreement for the Upgrade ofthe Little White House HV AC System. Board granted approval and authorized execution of an Agreement between Monroe County and Prange & O'Hearn, Inc. (d/b/a Insights, Inc.) to provide Visitor Profile Survey Services for the Monroe County Tourist Development Council. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and the Rotary Club of Key Largo, Inc. to revise invoice submission dates for the Take Stock in Children Backcountry Challengl: 2007. Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and Lower Keys Chamber of Commerce, Inc. to revise Exhibit B ofthe Underwater Music Festival. 91 Board granted approval and authorized execution of an Amendment (1st Amendment) to Interlocal Agreement between Monroe County and the City of Key West to revis,: Exhibit A allowing sand to be placed on Rest Beach instead of Smathers Beach. Board granted approval of a finding of fact that a "Welcome" Sign has a primary purpose of advertising and promoting tourism with Monroe County. DIVISION OF GROWTH MANAGEMENT Board granted approval of a request by The Racquet Club at Ocean Reef, Inc., for a floodplain variance to Section 9.5-317(3)b.(i) in order to construct a 600 square foot maintenance equipment and supply storage building below base flood elevation at 212 Anchor Drive, Ocean Reef, Key Largo, RE0008 I 730-000000. Board granted approval and authorized execution of a Contract between Monroe County and TSI Disaster Recovery Services to provide derelict vessel and marine debris removal services throughout the Keys, and waiver of irregularities in response to Request for Qualifications and selection of contractor. Board adopted the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court (Lynn Tsouchlos and Allen White). RESOLUTION NO. 114-2008 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the request for Expenditures from the Law Enforcement Trust Fund, as follows: $1,020 - To purchase 500 MCSO Mouse Pads - will be distributed to neighborhood Crime Watch Chairpersons and other selected personnel at crime prevention meetings, community fairs, etc. $200,000 - Monroe County Sheriffs Office - to fund MCSO's participation on the DEA Task Force. $5,000 - The Islamorada Wrestling Club - Project "Off the Streets and on the Mats". Targeting "at risk" juveniles from the community in the Upper Keys with referrals from middle schools, high schools, Juvenile Justice, State Attorney's Office an the Florida Keys Children Shelter. $1,000 - Key West High School; $1,000 - Marathon High School; $1,000 - Coral Shores High School - These funds will be used to provide a safe, drug and alcohol free celebration to recognize the achievements of our graduating seniors. 92 COMMISSIONERS' ITEMS Board granted approval of Mayor McCoy's reappointment of Jackie Harder to the South Florida Workforce Development Board. Board granted approval of Mayor McCoy's appointment of Millard (Mike) McCleary to the Monroe County Port Advisory Board. Board adopted the following Resolution requesting the Florida Congressional Delegation take action concerning the National Strategic Importance of maintaining space flight expertise at the Kennedy Space Center and ensuring that future crew and cargo logistic missions to the International Space Station Use Domestic Capabilities; and providing direction to the Clerk. RESOLUTION NO. 115-2008 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the: Special BOCC meetings of March 5, 20, and April 2, 2008 and Regular BOCC meeting of March 19,2008 (previously distributed). Board granted approval of the following Warrants (103499-103582 & 527644- 528957): General Fund (001), in the amount of$3,329,562.78; Fine & Forfeiture Fund (101), in the amount of$3,151,530.56; Road and Bridge Fund (102), in the amount of $60,549.88; TDC District Two Penny (115), in the amount of$415,479.07; TDC Admin. & Promo 2 Cent (116), in the amount of $902,992.80; TDC District 1,3 Cent (117), in the amount of$347,986.75; TDC District 2,3 Cent (118), in the amount of $53,067.89; TDC District 3,3 Cent (119), in the amount of$118,692.04; TDC District 4,3 Cent (120), in the amount of$167,908.36; TDC District 5,3 Cent (121), in the amount of$257,358.47; Gov. Fund Type Grants (125), in the amount of$I,239,598.15; Impact Fees Fire & EMS (135), in !be amount of$17,764.95; Employee Fair Share Housing, (136), in the amount of$53,655.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$198,323.92; Upper Keys Health Care (144), in the amount of$I,581.19; Uninc Svc Dist Parks & Rec (147), in the amount of$23,289.79; Plan, Build, Zoning (148), in the amount of$248,284.78; Municipal Policing (149), in the amount of $406,106.47; 911 Enhancement Fee (150), in the amount of$99,646.03; Duck Key Security (152), in !be amount of$5,104.73; Local Housing Assistance (153), in the amount of$903,950.00; Boating Improvement Fund (157), in the amount of $65,800.84; Misc. Special Revenue Fund (158), in the amount of$64,390.42; Environmental Restoration (160), in the amount of$35,668.09; Law Enforcement Trust (162), in the amount of$500.00; Court Facilities Fees-602 (163), in !be amount of$339.00; Big Coppitt Wastewater MSTU (169), in the amount of$I,366.50; Key Largo Wastewater MSTU (170), in the amount of$117,907.08; Stock Island Wastewater (171), in the amount of$I,002.14; Building Fund (180), in the amount of 93 $4,085.38; 2003 Revenue Bonds (207), in the amount of$6,124.49; 1 Cent Infra Surtax (304), in the amount of$23,694.73; 2003 Revenue Bonds (307), in the amount of $2,031,932.44; Infra Sls Srtx Rev Bds 2007 (308), in the amount of$855,208.73; Card Sound Bridge (401), in the amount of$137,401.63; Marathon Airport (403), in the amount of$128,288.48; Key West Inti. Airport (404), in the amount of$350,882.35; KW AlP Series 2006 Bonds (405), in the amount of$I,651,852.25; MSD Solid Waste (414), in the amount of$I,205,949.39; Worker's Compensation (501), in the amount of $69,584.75; Group Insurance Fund (502), in the amount of$297,755.65; Risk Management Fund (503), in the amount of$326,618,.30; Fleet Management Fund (504), in the amount of$165,547.37; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,035.00; Various Fund, in the amount of$-5,861.95. Board granted approval of the following Tourist Development Council Expenditures for the month of April, 2008: Advertising, in the amount of$I,523,406.44; Bricks & MortarlProjects, in the amount of$85,688.69; Visitor Information Services, in the amOlmt of $74,037.00; Events, in the amount of$111,328.08; Office Supplies & Operating Costs, in the amount of$43,967.21; Personal Services, in the amount of $199,740.82; Public Relations, in the amount of$87,311.13; Sales & Marketing, in the amount of$86,500.09; Telephone & Utilities, in the amount of$27,105.51; Travel, in the amount of$22,003.12. Board granted approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board granted approval for the Clerk to issue a Request for Proposal from financial institutions to provide a line or letter of credit agreement to provide emergency cash requirements for post-disaster expenditures, if necessary. Board granted approval of the correction to the August 15, 2007 BOCC meeting Minutes: Agenda Item M.7 - Board granted approval of Mayor DiGennaro's appointment of Freddy Varela as a mayoral to the TDC as a tourism representative. COUNTY ADMINISTRATOR Board granted approval to salvage five County owned RVs due to concerns of formaldehyde possibly existing in the RVs and legal exposure to the County, salvaging the RVs is the best option. The salvage fee for each RV is $525. It has been confirmed that FEMA will reimburse the County for this expense. COUNTY ATTORNEY Board adopted the following Resolution authorizing staffto request of Key Largo Wastewater Treatment District exemptions from the wastewater assessments for properties acquired for conservation and other purposes not consistent with development; and providing for an effective date. 94 RESOLUTION NO. 116-2008 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of First Amendment to Legal Consulting Services Agreement between Momoe County and Michael Casey, Esq. of the firm of Epstein, Becker & Green, P.A. to advise the County on employment issues, employment investigation, and personnel issues which have the potential for litigation and in which the County Attorney has a conflict. This amendment raises the cap on the Contract from $75,000.00 to $85,000.00. Board granted approval of a request to schedule a Closed Executive Session of the Board 0 f County Commissioners in the matter of Department of Community Affairs v. Monroe County, et aI, DOAH 08-2035 at the June 18,2008 BOCC meeting in Marathon. Board granted approval and authorized execution of a Settlement Agreement in the matter of Barbara Eads v. Monroe County, CA P 03-117. Board granted approval to execute a Declaration of Easement between Momoe County; the Utility Board of the City of Key West, Florida, a utility board created by Special Act of the Florida Legislature; and Clear Channel Broadcasting, Inc., a Nevada corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation. Board adopted the following two (2) Resolutions related to the Affordable Housing Project at Woods Corner, Islamorada, as follows: Extending the default date for the Ship Mortgage issued for Woods Corner, and authorizing the execution of partial satisfactions for partial payments made thereon. RESOLUTION NO. 117-2008 Said Resolution is incorporated herein by reference. Transfer of Funds RESOLUTION NO. 118-2008 Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed the company Class Act Cleaning continuing janitorial services at the Key West International Airport on a month to month basis, pending a renewal agreement. The following individual addressed the Board: Pauline Klein. Peter Horton, Airport Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval of the item. Motion carried unanimously. 95 The Board discussed the award of bid and Agreement between Monroe County and U. S. Water Services Corporation for operation and maintenance ofthe wastewater treatment plant at the Roth Building, Tavernier, Florida. The following individual addressed the Board: Kay Thacker. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval and authorizing execution ofthe item. Motion carried unanimously. The Board discussed a Grant of Easement to Islander Village, LLC and Comcast ofCalifi)rniaJColorado/FloridaJOregon, Inc., concerning the Islander Village workforce housing development property to permit the installation, operation, and maintenance of a broadballd communications system. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval and authorizing execution of the item, with the following amendments: Page 1 - 3rd WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee with a non-exclusive perpetual easement over, in, under and across the Affordable Property for Jlllslie lltilit)' JlllfJlOS6S, broadband services, together with a reasonable right of ingress and egress over said property; and, Page 2 - Paragraph No.3 - Islander Village and Monroe County hereby grant, convey, declare and create for the benefit of Grantee, a perpetual, non-exclusive easement, in, upon, over and across the Affordable Property for JlH\Jlie lItility JlllfJl8S6S, broadband services, together with the reasonable right of ingress and egress over said property so as to afford Grantee reasonable use and enjoyment ofthis easement for the purposes of providing utility service to the Project; Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval and authorizing execution of the following two (2) items: Grant of Easement to AT&T on the Islander Village workforce housing development property for public utility purposes. Grant of Easement to the Utility Board ofthe City of Key West, Florida on the Islander Village workforce housing development property for public utility purposes. Motion carried unanimously. The Board discussed Resolutions concerning the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue. The following individual addressed the Board: Burke Cannon, representing Hammerpoint Homeowner's Association. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following various Resolutions: Receipt of Unanticipated Funds. (OMB Schedule Number 1) RESOLUTION NO. 119-2008 Said Resolution is incorporated herein by reference. Amending Resolution 064-2008. (OMB Schedule Item Number 2) RESOLUTION NO. 120-2008 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 3) RESOLUTION NO. 121-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item Number 4) RESOLUTION NO. 122-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 5) RESOLUTION NO. 123-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 6) RESOLUTION NO. 124-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item Number 7) RESOLUTION NO. 125-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 8) RESOLUTION NO. 126-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item Number 9) RESOLUTION NO. 127-2008 Said Resolution is incorporated herein by reference. Amending Resolution No. 103-2008 (OMB Schedule Item Number 10) RESOLUTION NO. 128-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item Number 11) RESOLUTION NO. 129-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 12) RESOLUTION NO. 130-2008 96 97 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 13) RESOLUTION NO. 131-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item Number 14) RESOLUTION NO. 132-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 15) RESOLUTION NO. 133-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 16) RESOLUTION NO. 134-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item Number 17) RESOLUTION NO. 135-2008 Said Resolution is incorporated herein by reference. Motion carried unanimously. The Board discussed the award of bid for a Standard Form of Agreement between Owner and Contractor - Monroe County and The Aledan Group, Inc. for Rehabilitation of Bayshore Manor in the total amount of $202,459.20 (Base Bid - $144,589.20; Alternate #1 - $20,420; Alternate #2 - $24,000; Alternate #3 - $5,950; Alternate #4 _ $7,500). Deb Barsell, Community Services Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennacr-o granting approval and authorizing execution of the item. Motion carried unanimously. The Board discussed the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office, and a list of Change Order requests submitted by contractors, and rejected by EngineeringlFacilities Development. Dave Koppel, County Engineer discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL/COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner DiGennam to hold the following three (3) items to a time certain, of2:30 P.M., this afternoon. 98 Approval of an Amendment to Interlocal Agreement between Monroe County and the City of Key West, as assignee of the rights of Artificial Reefs of the Keys, to extend the Agr,:ement for $250,000 for the sinking ofthe Vandenberg to September 30,2009. Approval of an Amendment to InterIocal Agreement between Monroe County and the City of Key West to extend the Agreement for $750,000 for the sinking of the Vandenberg to September 30, 2009. Approval of an Amendment to InterIocal $2 million capital project funding agreement between Monroe County and the City of Key West for the Vandenberg Project extending for one year to September 30, 2009. Motion I~arried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval ofthe "At Large" appointment of Melanie Elder to the Tourist Development Council District III Advisory Committee. Motion carried unanimously. STAFF REPORTS ,e,iroorts - Peter Horton, Monroe County Airports Director reported to the Board concerning the status ofF AA funds for the Runway Safety Area (RSA) Project at Key West International Airport. Engineering - Dave Koppel, County Engineer reported to the Board concerning the status of the following County Projects: Card Sound Road bridges; Murray E. Nelson Government and Cultural Center; Medical Examiner Facility; Big Pine Key Park; Freeman Justice Center; and Key West International Airport terminal project. Growth Management - Andrew Trivette, Division Director reported to the Board concerning the status ofthe following matters: Working Waterfront Progress Plan Amendment/Administrative Hearing Process; and Planning Commission's recommendation that the BOCC reject the Habitat Mitigation Ordinance for Big Pine Key. Public Works - Dent Pierce, Division Director reported to the Board that Public Works is using bio-diesel in some of the work vehicles. Mr. Pierce then discussed funding fi)r operation of the new Big Pine Key Park. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to re-open the agenda. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to add to the agenda the request by the Public Works Director to dip into reserves for funding the new Big Pine Key Park in the amount of$58,00iD. Roll call vote was unanimous. Motion was made by Commissioner 99 Neugent and seconded by Commissioner DiGennaro granting approval of the above request. Roll call vote was unanimous. The following individual addressed the Board:' Larry Gardner. COUNTY ADMINISTRATOR A presentation was made by Chip Merriam, Deputy Director of Water Resources, South Florida Water Management District on Water Supply and Growth Management _ A Comprehensive Planning Overview. ENGINEERING The Board discussed a Second Amendment ofthe Supplemental Agreement for Road and Bridge Funds between Monroe County and Islamorada Village ofIslands, extending the completion date so that the road work may be performed after Aqueduct water lines are replaced. The following individual addressed the Board: Nina Boniske, Attorney for Islamorada, Village ofIslands. County Attorney, Suzanne Hutton discussed the mattl~r. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro approving the extension ofthe Supplemental Agreement to expire October 31, 2008; but, ifthere are any setbacks in the paving project, the County Administrator and the Village of Islamorada Manager are authorized to process a delay for ninety (90) days. Roll call vote carried unanimously. The Board discussed additional work required at the Murray E. Nelson Governnlent and Cultural Center and approval of the methodology to pay for same. The following individuals addressed the Board: Pauline Klein, representing the Island of Key Largo Federation of Homeowner's Association; and Burke Cannon, representing Hammeljpoint Property Owners. Dave Koppel, County Engineer discussed with the Board items for consideration for removal from the project. James Callahan, Acting Fire Chief also discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to table the item. 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. * * * * * 100 FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Sylvia Murphy, Commissioner George Neugent, and Commissioner Mario DiGennaro. Absent were Chairman Clark Snow and Mayor Norman Anderson. James Callahan, Acting Fire Chief addressed the Board concerning approval of a Settlement Agreement between Monroe County Fire Rescue and Chelsa Call account #90401..0 I. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro that Chelsa not be charged for the transport. Motion carried unanimously, with Chairman Clark Snow and Mayor Norman Anderson not present. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I, was adjourned. * * * * * The Board of County Commissioners meeting reconvened with all commissioners present. WASTEWATER ISSUES Dave Koppel, County Engineer provided to the Board a written Status Report Update concerning the wastewater projects. Charles Fishburn, representing the Key Largo Wastewater Treatment District (KL WWTD) made a presentation to the Board concerning the progress of wastewater projects in the KLWWTD. The Board discussed providing central sanitary wastewater service to the property owners of No Name Key through inclusion in the Lower Keys Regional Service Area wastewater treatment and collection system. The following individuals addressed the Board: Burke Cannon, representing Hammerpoint Home Owner's Association; John Hammerstrom, David Eaken, Kathy Brown, Mary Bakke, John Bakke, Julie Reynolds, representing No Name Key; Brad Vickrey, Beth Ramsay-Vickrey, and Bob Reynolds. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to include No Name Ke:y in the central sewering system. During further discussion, the motion was amended by the second with the maker accepting directing Staff to start the procedure to put No Name Key back into the "Hot Spot Designation". Roll call vote was taken with the following results: Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes 101 Mayor McCoy Yes Motion carried. COUNTY ATTORNEY The Board discussed a Lease Agreement for the Higgs Beach Concession/Restaurant between Monroe County and Key West Hospitality, LLC (Salute' Restaur:mt on Higgs Beach). The following individual addressed the Board: Patricia Eables, representing Key West Hospitality, LLC and Fran Gonzon. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the item. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Section 2-15.1 of Monroe County Code, providing authority for County staff and/or contractors to enter onto private land in the event of a declared emergency for removal of disaster-generated debris, in order to protect the safety, health, and welfare of the public; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 013-2008 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance establishing a Local Affordable Housing Advisory Committee as required by F.S. Section 420.9076 and F.A.C. Chapter 67-37.010 replacing the Workforce Housing Taskforce; providing for severability and repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of Ordinances; providing for transmittal to the Secretary of State and for an effective date. There was no public input. Suzanne Hutton, County Attorney and Lisa Tennyson, Affordable Housing Coordinator discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014-2008 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 Harold & Sherry Fried on property described as Lot 20, Block 9, Bahia Mar Estates Subdivision, Key Largo, RE# 00545040.000000 in the form of a purchase offer from the Land Authority. The Board accepted public input with the following individual addressing the Board: Hal Fried. After discussion, motion 102 was made by Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 136-2008 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 Harold E. & Sherry L. Fried on property described as Lot 17, Block 9, Bahia Mar Estates Subdivision, Key Largo, RE# 00545010.000000 in the form of one (1) dwelling unit allocation award. The Board accepted public input with the following individual addressing the Board: Hal Fried. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 137-2008 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 Concept Investment Group, Inc., on property described as Lot 18, Block 1, Key Largo Ocean Shores Amd. & Ext. Subdivision, Key Largo, RE# 00497770.000000 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. 138-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request fi)r Administrative Relief made by Concept Investment Group Inc. on property described as Lot 19, Block 1, Key Largo Ocean Shores Arnd. & Ext. Subdivision, Key Largo, RE# 00497780.000000 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. 139-2008 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 Antero & Carmen De La Osa on property described as Lot 398, Port Largo 5th Add. Subdivision, Key Largo, RE# 00453475.001400 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Neugent and seconded by 103 Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 140-2008 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 Island Investment Partners Inc. on property describe:d as Lot 21, Block I, Key Largo Ocean Shores Amd. & Ext. Subdivision, Key Largo, RE# 00497800.000000 in the form of one (I) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 141-2008 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 Island Investment Partners Inc. on property described as Lot 22, Block I, Key Largo Ocean Shores Amd. & Ext. Subdivision, Key Largo, RE# 00497810.000000 in the form of one (I) dwelling unit allocation award. 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. 142-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request tI)r Administrative Relief made by Feliz & Marlene Munoz on property described as Lot 14, Block I, Key Largo Ocean Shores Amd. & Ext. Subdivision, Key Largo, RE# 004977313.000000 in the form of one (I) 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. 143-2008 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 Ernest T. Simpson III and Anita Wysong on property described as Lots 9 & 10, Block 7, Twin Lakes Subdivision, Key Largo, RE# 00548820.000000 and 00548830.000000 in the form of one (I) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. 104 RESOLUTION NO. 144-2008 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 Robert A. & Jannie K. Barker on property describe:d as Lots 9 & 10, Block 4, Cross Key Waterway Estates Sec. I Subdivision, Key Largo, RE# 00468471.006700 & 00468471.006800 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 145-2008 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 Rafael Otero on property described as Lot 22, Block 6, Winston Waterways #2 Subdivision, Key Largo, RE# 00546930.000000 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. 146-2008 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to rescind (Agenda item 1. 7) from the July 18, 2007 BOCC meeting concerning a 20' sewer utility easement agreement for Tract C of Porpoise Point, Section 4 on Big Coppitt Key, Real Estate ID #00155820-000000; and authorized execution, as grantee, a 20' Sewer Utility Easement Agreement for Tract C of Porpoise Point Section Four on Big Coppitt Key, Real Estate ID#00155820-000000. Motion carried unanimously. The Board discussed advertising a Request for Qualifications to prepare a Grant Application and to provide administrative services for the Community Development Block Grant program to provide funding to low-income families to assist with wastewater connection fees. The following individuals addressed the Board: Susan Hammaker, representing the Florida Keys Wastewater Assistance Foundation; and Charles Fishburn, representing the Key Largo Wastewater Treatment District. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval to advertise the RFQ. Motion carried unanimously. The Board discussed a Resolution assuming responsibility for coordinating all the salient service infrastructure entities so that wastewater services are provided to the Citizens of the Keys in the most efficient, protected and cost efficient manner and 105 providing for an effective date. The following individuals addressed the Board: Mary Bakke, John Bakke, Jim Newton, and Brad Vickrey. Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following Resolution. Roll call was unanimous. RESOLUTION NO. 147-2008 Said Resolution is incorporated herein by reference. SOUNDING BOARD Ron Miller addressed the Board regarding the Key Largo Community Master Plan and tourism. No official action was taken. Jimmy Morales, representing ADAAG Consulting Services, LLC, (ACS) address(:d the Board regarding the contract for the ADA Compliance Assessment for Circuit !md County Court Facilities. Suzarme Hutton, County Attorney and Bob Shillingl~r, Chief Assistant County Attorney discussed the matter. No official action was taken. (This item will be added to the Special Meeting scheduled for Friday, May 23, 2008 at the Marathon Government Center). COMMISSIONERS' ITEMS The Board discussed Commissioner Murphy's item concerning a Resolution requesting the Florida Department of Transportation revise the Five Year Work Program as it pertains to milling and resurfacing of US Highway I from mile marker 93 to 106 reducing the proposed north bound shoulder total width to no more than four (4) feet or matching that of the southbound proposal. Aileen Boucle' and Jaoquin Vargas, representing the Florida Department of Transportation (FDOT) gave a presentation concerning the Five Year Work Program. The following individuals addressed the Board: Pauline Klein, representing the Island of Key Largo Federation Homeowner's Association; Burke Carmon, representing the Hammerpoint Homeowner's Association; John Hammerstrom, representing the Tavernier Community Association; Kay Thacker, represelllling the Upper Keys Citizens Association; Jackie Harder, representing the Key Largo Chamber of Commerce, Ron Miller, and Barry Patterson. Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Murphy requesting that the FDOT remove project #: 419848-1-52-01, 419859-1-52-01 and 419846-1-52-01 from the Five Year Work Program; and that they are allowed to be put back into the program at a later date. After consideration, the motion was withdrawn. Motion was then made by Commissioner Murphy and seconded by Commissioner Spehar to continue the item to August 20, 2008 BOCC meeting in Marathon. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL/COMMISSIONERS' ITEMS The Board discussed the following three (3) items: 106 Amendment to Interlocal Agreement between Monroe County and the City of Key West, as assignee of the rights of Artificial Reefs ofthe Keys, to extend the Agreement for $250,000 for the sinking of the Vandenberg to September 30, 2009. .Amendment to Interlocal Agreement between Monroe County and the City of Key W(:st to extend the Agreement for $750,000 for the sinking ofthe Vandenberg to September 30, 2009. Amendment to Interlocal $2 million capital project funding agreement between Monroe County and the City of Key West for the Vandenberg Project extending for one year to September 30,2009. The following individuals addressed the Board: David Eaken, Brad Vickrey, Larry Gardner and Joe Weatherby. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval and authorizing execution of the above three (3) items. 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. DIVISION OF GROWTH MANAGEMENT Suzanne Hutton, County Attorney; Andrew Trivette, Growth Management Director; Bob Shillinger, Chief Assistant County Attorney; and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution setting the amount at 25% that will be accepted to settle fines and costs imposed in code enforcement cases; providing for repeal of inconsistent provisions; providing for an effective date. Roll call vote was unanimous. RESOLUTION NO. 148-2008 Said Resolution is incorporated herein,by reference. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval and authorizing execution of a Settlement Agreement in the matter of Monroe County v. Orlando Ramos, Sr., Code Enforcement Case CE06JO0027 in the amount of$275.00. Roll call vote was unanimous. 107 COMMISSIONERS' ITEMS The Board heard Mayor McCoy's item by Jackie Harder who made a presentation to update the BOCC on the progress of the South Florida Workforce Development Board. The Board discussed Commissioner Neugent's item to rescind the prior action taken by the Board of County Commissioners on April 16, 2008 for approval of an Ordinance to impose a ninth-cent local option motor and special fuel ("gas") tax. The following individuals addressed the Board: Jackie Harder, representing the Key Largo Chambe:r of Commerce; and Larry Gardner. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to deny 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 ,~arried. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator briefly discussed the County's budget situation. The Board approved the County Administrator's request to hold a Special Budget Meeting on June 19th at the Marathon Government Center starting at 9:00 AM for a budget development update. Mr. Gastesi also discussed evaluating Rowell's property in Key Largo for possible purchase. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney reported to the Board concerning the FEMA Injunction Case (Florida Key Deer) - the Board authorized the County Attorney's office to file a Motion to Intervene in the matter. Mr. Shillinger then discussed a letter from Congresswoman Ileana Ros-Lehtinen dated May 15, 2008, to the U.S. Fish and Wildlife Service - the Board authorized the County Attorney's office to prepare a resolution to address the letter to the U.S. Fish and Wildlife Service for consideration at the June BOCC meeting in Marathon. Suzanne Hutton, County Attorney read into the record the names of the individuals authorized to be present at the Closed Executive Sessions of the Board in the matters of Department of Community Affairs v. Monroe County, et ai, DOAH Case No. 08-2035 and Celeste Bruno v. Monroe County, Case No. CV 07-10117. The Board agreed to hold the Closed Sessions at the BOCC meeting of June 18, 2008 in Marathon _ 2:30 PM for the DOAH case and 3 :00 PM for the Bruno case. 108 Bob Shillinger, Chief Assistant County Attorney discussed a resolution for conside:ration of cost sharing of County Attorney fees by constitutional officers in foreclosure filings wherein the County holds liens and Constitutional Officers may be mentioned as part of the case. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to bring back a resolution for Board consideration at the BOCC meeting of June 18, 2008 in Marathon. Motion carried unanimously. The Board discussed termination ofthe Contract between Monroe County and Richard Fowler, Esq., to serve as an Alternative Code Enforcement Special Master. Suzanm: Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval of the item. Roll call vote was unanimous. The Board discussed a Resolution to reduce the number of newspapers used to print public notices and legal advertisements to one newspaper. The following individual addresst:d the Board: Kay Thacker. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to deny the item. Roll call vote was unanimous. The Board discussed advertising a Public Hearing for consideration of an Ordinan,ce amending Section 6-4 of the Monroe County Code (Unsafe Building); providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed a Resolution setting the date, time and place for a Public Hearing concerning the proposed abandomnent of a portion of Pompano Drive, Anglers Park, as recorded in Plat Book 1, Page 159, of the Public Records of Monroe County, Florida (Key Largo). The following individual addressed the Board: Donna Bosold of the Craig Company, representing Jocelyn Tiedemann. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 149-2008 Said Resolution is incorporated by reference. The Board discussed a Settlement Agreement in the matter of John Benson v. Monroe County & Largo 103, LLP. CA P 07-603. Bob Shillinger, Chief Assistant County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to deny the item. Roll call vote was taken with the following results: Commissioner DiGennaro No Commissioner Murphy Yes 109 Commissioner Neugent Yes Commissioner Spehar No Mayor McCoy No Motion failed. Motion was then made by Commissioner DiGennaro and seconded by Commissioner Spehar to approve 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. MISCELLANEOUS Mayor McCoy read into the record a Mayor's Proclamation of temporary relinquishment of position to the Mayor Pro Tern and assumption of position of Mayor Pro Tern for the period May 23, 2008 through November 4, 2008. 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 oJ,.} e. LOw a,yJ;A/' Isabel C. DeSantis, Dep ty Clerk