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08/16/2006 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2006/179 Regular Meeting Board of County Commissioners Wednesday, August 16, 2006 Key Largo, Florida A Closed Executive Session convened at 8:30 AM. on the above date with the Regular Meeting of the Momoe County Board of County Commissioners convening at 9:00 AM., at the Key Largo Library. Present and answering to roll call were Commissioner George R. Neugent, Commissioner Glenn Patton, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also present were Danny L. Kolhage, Clerk; Isabel C DeSantis, Deputy Clerk; Suzanne Hutton, County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and radio; and the general public. CLOSED SESSION Mayor McCoy announced pursuant to Florida Statute, the following was closed to the public: An Attorney-Client Closed Session in the matter of Monroe County v. Florida Department of Community Affairs, DCA Final Order No. DCA06-0R-157. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Mayor McCoy and seconded by Commissioner Neugent granting approval of the Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS A presentation of the Florida Keys Council for People with Disabilities Award to Aleisa McGuirl, Consumer Specialist with the Center for Independent Living, for her constant commitment and dedicated service to people with disabilities. BULK APPROVALS Motion was made by Mayor McCoy and seconded by Commissioner Spehar granting approval of the following items by unanimous consent: Board granted approval ofa Workers' Compensation Settlement in the amount of Fifty Two Thousand Five hundred Dollars, $52,500 (Inclusive of Attorneys Fees and Cost) for File #05091600-GH 08/16/2006 2006/180 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 and the Alliance for Aging (Aging and Disability Resource Center/Aging Agency on Aging for Miami-Dade and Monroe Counties). Board granted approval to purchase the FY 2006 Budgeted ADA Paratransit Bus by piggy backing to the Florida Department of Transportation FVPP-03-SC-1 procurement from First Class Coach and Equipment, Inc. for a 2007 TurtleTop Bus. Board granted approval to pay Monroe Service Co. invoice no 9311 in the amount of $885.00, and $885.00, to repair damage to the Key West International Airport AC units, caused by Hurricane Wilma. Board granted approval to pay Monroe Service Co. invoice no. 9311 in the amount of $1,130.00, for repair to an AC unit at the Key West International Airport. Board granted approval and authorized execution of a Construction Contract between Monroe County and Koch Corporation for the Noise Insulation Program, Phase 5 Construction, for the Key West International Airport. Board granted approval and authorized execution of Profession all Service Order No 5 between Monroe County and THC, Inc. for the implementation ofthe Noise Insulation Program, (Phase 5 Construction Services), for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 05/06-35 between Monroe County and URS, for Noise Coordinator Services for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 05/06-37 between Monroe County and URS, for DBE Implementation Services for the Key West International Airport and the Marathon Airport. Board granted approval to purchase one Oshkosh Striker 1500 Airport Firefighting vehicle in the amount of$689,949.00 Board granted approval to purchase two ADA Passenger Loading Devices from Lift-A-Loft Crop. for $60,847.00. Board granted approval to purchase one Utility Tractor with Quick-Change Broom attachment and loader from HigWand Turf & Tractor in the amount of$64,559.54, as established by the Florida Sheriff's Association State Contract Bid No. 05-13-0822. Board granted approval to reject bid offer of $5,268,679. 70 from Anchor Construction Enterprises, LLC. for Rehabilitation of Card Sound Road Bridges and to rebid project. 08/16/2006 2006/181 Board granted approval to increase Purchase Order for Geiger Key Bridge from $99,800.00 to $144,800.00. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and MBI!K2M Architecture, Inc. for the planning, design and construction administration of the new Public Works facility to be located on Rockland Key. Board granted approval of Receipt ofmontWy report on Change Orders reviewed by the County Administrator. Said list incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of Small County Solid Waste Grant Funds. RESOLUTION NO. 274-2006 Said Resolution is incorporated herein by reference. Board granted approval to reject all bids and to re-advertise for sealed bids to repair the roof at the Monroe County Detention Facility on Stock Island due to Hurricane Wilma. Board granted approval and authorized execution of a Lease Amendment between Monroe County Francis 1. Gonzon, Owner, Salute Restaurant, to waive rent for 54 days during the months of July, August, September, October and November, 2005, when Atlantic Boulevard was closed due to Hurricane activity and the restaurant was not able to be open. Board granted approval to rescind existing lease agreement with Deputy Dawn Leird for one-half of the duplex at the Key Largo Community Park, and approval to enter into a new one-year residential lease agreement with a Deputy to be recommended by the Monroe County Sheriff Board granted approval and authorized execution of a Business Lease Renewal between Monroe County and Independent Mortgage and Finance Company, Inc. for office space for the Technical Support staff of the 16th Judicial Circuit. Board granted approval and authorized execution of a Consent to Assignment of the month-to-month maintenance agreement for the two centrifugal chillers at Jackson Square from York International to Johnson Controls. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for operation and maintenance of the wastewater treatment plant at the Marathon Government Center Board granted approval of a contract amendment with Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant at the Roth Building. 08/16/2006 2006/182 Board adopted the following Resolution providing that the fire rescue service agreement dated October 7, 1992 between Monroe County Board of County Commissioners as governing Board for Municipal Services Taxing District 6 and the Key Largo Volunteer Fire Department, Inc., and all addenda thereto, in accordance with Section 2 of said agreement be terminated, effective midnight September 30, 2006; providing an alternative termination date if necessary. RESOLUTION NO. 274a-2006 Said Resolution is incorporated herein by reference Board adopted the following Resolution providing that the ambulance service agreement dated September 17, 1997 between Monroe County Board of County Commissioners as governing Board for Municipal Services Taxing District 6 and the Key Largo Volunteer Ambulance Corps, Inc., and all addenda thereto, in accordance with Section 30 of said agreement, be terminated effective midnight September 30, 2006; providing an alternative termination date if necessary. RESOLUTION NO. 274b-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement for Transfer of Emergency Medical VehiclelEquipment transferring ownership of2000 Ford Super Duty Type I Ambulance, VIN IFDXF46F6YEEI0229, County ill 144-2235 from Monroe County to Islamorada Village ofIslands, effective October I, 2006. Board granted approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of Florida, in the amount of$55,221.00 for the purchase of37 sets of personal protective ensembles Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity (COPCN) to the Key Largo Volunteer Ambulance Corps., Inc (KL V AC) for the operation of an ALS transport ambulance service for the period August 25, 2006 through August 24, 2008. Board adopted the following resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue: Receipt of Unanticipated Funds (OMB Schedule item No. I) RESOLUTION NO. 275-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 276-2006 Said Resolution is incorporated herein by reference. 08/16/2006 Transfer of Funds (OMB Schedule item No.3). RESOLUTION NO. 277-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 278-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 279-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 280-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 7). RESOLUTION NO. 281-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 282-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 283-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 284-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. II). RESOLUTION NO. 285-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 286-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 287-2006 Said Resolution is incorporated herein by reference. 2006/183 08/16/2006 2006/184 Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 288-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 289-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 290-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 291-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 292-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 293-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 294-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 295-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 296-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 297-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 298-2006 Said Resolution is incorporated herein by reference. 08/16/2006 2006/185 Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 299-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 300-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 300a-2006 Said Resolution is incorporated herein by reference Board granted authorization for the County to issue a Request for Proposal for Teleconferencing Equipment to provide for teleconferencing attendance by County Commissioners and keeping a record of those meetings in accordance with the Sunshine Law. Board granted approval to advertise for sealed bids for a monthly maintenance agreement on the 911 equipment owned by Monroe County. Board granted approval and authorized execution of an Agreement between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal Sewage Plant, effective July 1, 2006. Board granted approval to award bid to Charley Toppino & Sons, Inc. for the Public Aircraft Parking Aprons project at the Florida Keys Marathon Airport. Board granted approval for the appropriation of up to 95% of the estimated fund balance going forward, of the One Cent Infrastructure Sales Tax Fund (304). TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement (extension to Fiscal Year 2003) for $375,000 Capital Project Funding between Monroe County and Mel Fisher Maritime Heritage Society, Inc to extend the termination from October 31, 2004 to May 31, 2005. Board granted approval and authorized execution of an Assignment of Agreement for the 20th Annual Faro Blanco Invitational Tarpon Tournament on May 20-24, 2006 in an amount not to exceed $3,000 from David M. Navarro to B.T. Sales, Inc. Board granted approval of the Monroe County Tourist Development Council 2006-2007 Marketing Plan. 08/16/2006 2006/186 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Monroe County Property Appraiser (MCPA) authorizing the transfer of $65,000 in funds from the MCPA to the County to assist in the development of digital aerial photography for use as GIS base layer imagery. The County will provide digital photography to the MCP A in return. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon authorizing the transfer of$30,000 in funds from the City of Marathon to the County to assist in the development of digital aerial photography for use as GIS base layer imagery. The County will provide digital photography to the City of Marathon in return. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Islamorada, the Village ofIslands (VOl) authorizing the transfer of $12,000 in funds from the VOl to the County to assist in the development of digital aerial photography for use as GIS base layer imagery The County will provide digital photography to the MCP A in return. COMMISSIONERS' ITEMS Board granted approval of Commissioner Spehar's item appointing the following individuals to the Human Services Advisory Board Task Force to Coordinate Services and Eliminate Duplication of non-profit services: Jaime Pipher, Director Guidance Clinic of the Middle Keys; Arianna Nesbitt, Executive Director Florida Keys Healthy Start Association; Susan Gouldy, United Way of Monroe County; Wendy Coles, SHAL; Doug Blomberg, Executive Director Wesley House Family Services; Nancy Sutton, President Lower Keys Interagency Council; and on behalf of Monroe County Alexsa Leto (current HSAB member) and Deb Barsell, Chair. At the July 19, 2006 BOCC meeting direction was given to create a task force whose purpose is to eliminate duplication of services and create better coordination between non-profit agencIes. Board granted approval of Commissioner Patton's reappointment of Randy Wall to the Planning Commission. The term will start September 1, 2006 and expire on September 1, 2008. Board adopted the following Resolution recognizing Gladesman Folk Culture of Florida in Big Cypress National Preserve. RESOLUTION NO. 301-2006 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Neugent's appointment of Mayor Pro Tern Spehar as the Counties liaison to the Workforce Housing Task Force. 08/16/2006 2006/187 Board granted approval of Commissioner Neugent's appointment of Rick Casey to the Workforce Housing Task Force. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular meeting oOune 21,2006 (previously distributed). Board granted approval of the following Warrants (1001005-101089 & 506690-507743): General Fund (001), in the amount of$2,813,288.30; Fine & Forfeiture Fund (101), in the amount of $3, 140,988.77; Road and Bridge Fund (102), in the amount of $74, 120.59; TDC District Two Penny (115), in the amount of$189,357.92; TDC Admin. & Promo 2 Cent (116), in the amount of$133,687.44; TDC District 1,3 Cent (117), in the amount of $46,150.80; TDC District 2, 3 Cent (118), in the amount of$2,936.09; TDC District 3, 3 Cent (119), in the amount of $252,795. 19; TDC District 4, 3 Cent (120), in the amount of$2,670.19; TDC District 5, 3 Cent (121), in the amount of$13,323.17; Gov. Fund Type Grants (125), in the amount of$469,121.99; Impact Fees Roadways (130), in the amount of $921.02; Fire & Amb Dist 1 L&M Keys (141), in the amount of$124, 121.05; Upper Keys Health Care (144), in the amount of$20,247.85; Fire & Amb Dist 6 Key Largo (146), in the amount of $59,479.87; Uninc Svc Dist Parks & Rec (147), in the amount of$22,643.48; Plan, Build, Zoning (148), in the amount of $72,306.42; Municipal Policing (149), in the amount of $506,457.91; 911 Enhancement Fee (150), in the amount of $25,833.34; Duck Key Security (152), in the amount of$7,438.80; Local Housing Assistance (153), in the amount of $49,445.09; Boating Improvement Fund (157), in the amount of$12,975.49; Misc. Special Revenue Fund (158), in the amount of$12,631.82; Environmental Restoration (160), in the amount of$11,448.00; Law Enforcement Trust (162), in the amount of$2,000.00; Marathon Municipal Service (166), in the amount of$29.98; Key Largo Wastewater MSTU (170), in the amount of$56,596.33; 2003 Revenue Bonds (207), in the amount of$165,907.77; 2003 Revenue Bonds (307), in the amount of$213,578.78; Card Sound Bridge (401), in the amount of$9,231. 78; Marathon Airport (403), in the amount of $66,405.38; Key West IntI. Airport (404), in the amount of$876,604.59; MSD Solid Waste (414), in the amount of$777,320.67; Worker's Compensation (501), in the amount of$30,273.79; Group Insurance Fund (502), in the amount of$180,181.54; Risk Management Fund (503), in the amount of$37,623.94; Fleet Management Fund (504), in the amount of$182,560.58; Fire&EMS LOSAP Trust Fund (610), in the amount of$510.00. Board granted approval of Tourist Development Council Expenditures for the month of July, 2006, as follows: Advertising, in the amount of$15,105.44; Bricks & Mortar Projects, in the amount of$250,000.00; Visitor Information Services, in the amount of$38,916.64; Events, in the amount of$58,596.03; Office Supplies & Oper Costs, in the amount of$68, 183.91; Personal Services, in the amount of$79,118.07; Public Relations, in the amount of$74, 162.65; Sales & Marketing, in the amount of $48,065.72; Telephone & Utilities, in the amount of$2,173.16; Travel, in the amount of$8,464.08. 08/16/2006 2006/188 Board granted approval to advertise surplus equipment for bid and approval to remove surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by reference. Board granted approval to rescind the Maintenance Agreement between Monroe County and the State of Florida, Department of Juvenile Justice concerning the first floor juvenile justice building located on Stock Island, approved at the July 14, 2004 BOCC meeting. Board granted approval to rescind Amendment NO.1 to Lease No. 3671 between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Key Largo Volunteer Fire Department, approved at the May 19, 2004 BOCC meeting. Board granted approval to rescind the Addendum to Agreement between Monroe County and the State of Florida, Department of Health for the operation of the Monroe County Health Department (2004-2005 Contract Year), approved at the June 15,2005 BOCC meeting. COUNTY ADMINISTRATOR Board granted approval and authorized execution of the Agreement for Sale and Purchase between Monroe County and Melodye Reger for the property known as Hickory House, 5948 Peninsular Avenue, Stock Island, in the amount of$3,750,000.00. COUNTY ATTORNEY Board granted approval of payment oflnvoice No. 1531413 in the amount of$25,970.86 from Paul, Hastings, Janofsky for expert witness costs provided by Trent Marr in the matter of Galleon Bay Corp. v. Monroe County. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Dave Koppel, County Engineer addressed the Board concerning the matter of officially terminating the contract with Tropex Construction Services, Inc. for the renovation of Tavernier Fire Station No. 22, and approval to award bid and enter into a contract with Overholt Construction Company. for the renovation of same. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. Kay Thacker addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton granting approval of payment to Jerry Coleman, PL., for professional legal services rendered regarding Workforce Housing and other Monroe County issues, in the amount of$33,841.63. Motion carried unanimously. 08/16/2006 2006/189 The Board discussed a resolution regarding the waiver of building, permitting and other fees for affordable housing developments by non-profit organizations or development or redevelopment projects often (10) units or greater. Tom Willi, County Administrator and Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue this item to the September 2006 meeting of the Board in Marathon. Motion carried unanimously. Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to award a Standard Form of Agreement to Pavers & Stone, Inc for the installation of exterior cast stone and brick veneer to the Freeman Justice Center, and to modifY the purchasing policies and procedures. Motion carried unanimously. Housing & Community Development Division Director, Reggie Paros; Mr. Willi, Kay Thacker, and Attorney Jerry Coleman addressed the Board concerning waiver, deferment, reduction or similar relief for utility, water, sewer, or similar fees for affordable housing development. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton directing Staff to begin a dialogue with utility companies for the waiving of their fees for affordable housing development. Motion carried unanimously. The Board discussed guidance for possible changes to Comprehensive Plan and Land Development Regulations for affordable housing development regarding: (I) 35' Height Limitations, (2) Parking Requirements, (3) Density, and (4) Floor Area Ratio (FAR). Attorney Jerry Coleman addressed the Board. No official action was taken. COUNTY ADMINISTRATOR Mark Rosch, Executive Director of the Monroe County Land Authority and Jim Muller of Muller and Associates, Inc. presented the draft Monroe County Land Acquisition and Management Master Plan, prepared by Muller and Associates, Inc., for Monroe County, dated July 28, 2006, approval to transmit the Monroe County Land Acquisition and Management Plan to the Department of Community Affairs for review. Attorney Jerry Coleman, and H. T. Pontin addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution authorizing the transmittal of the Monroe County Land Acquisition and Management Master Plan to the Florida Department of Community Affairs for review, including the revisions as indicated: Last sentence of Executive Summary - For this first iteration of the LAMMP, the County's goal will pIllft be to fund the target amount of an additional $98 million during the next 20 years, which equals 25% of the estimated $390 million shortfall. Page 43 - During the next two years, Monroe County will take actions necessary to Dursue the goal of funding the target amount of an additional $98 million during the next 20 years for environmental land acquisition and management, affordable housing land purchases, and 08/16/2006 2006/190 retirement of development rights. This funding will be coordinated with the annual update of the Capital Improvements Element and the Five- Year Capital Improvement Schedule. Motion carried unanimously. RESOLUTION NO. 302-2006 Said Resolution is incorporated herein by reference. MONROE COUNTY TAX COLLECTOR Danise "Dee Dee" Henriquez, Tax Collector presented the Recap of the 2005 Tax Roll and the list of errors and insolvencies for the 2005 Tax Roll. Ms. Henriquez discussed the first Internet tax sale held by her office, the occupational business tax renewal process, and the status of an e-checks system operating in her office. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing the 2006 Tax Roll be extended and the tax bills be mailed prior to completion of Value Adjustment Board Hearings. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Clerk announced a vacant position on the Tourist Development Council District II Advisory Committee for an "At Large" appointment. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent appointing Phil Hogue as an "At Large" appointment to the Tourist Development Council District I Advisory Committee. Motion carried unanimously. STAFF REPORTS Airoorts - Airports Director, Peter Horton updated the Board concerning TSA issues for the Florida Keys Marathon Airport. Engineering - County Engineer, Dave Koppel advised the Board on the following: Bid Opening for the Murray E. Nelson Government Center in Key Largo is scheduled for October 11, 2006; Monroe County will have a cost savings to the contract approved today with Pavers & Stone, Inc. for the installation of exterior cast stone and brick veneer to the Freeman Justice Center compared to the previous contractor; and, the permit has been received from the Army Corps of Engineers to fill the basin area of the Big Pine Key Community Park. Mayor McCoy inquired on the estimated completion dates for the Freeman Justice Center and the Key West International Airport Terminal. * * * * * * FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS 08/16/2006 2006/191 The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie. Rob Low, Battalion Chief was present on behalf of Fire Chief Clark Martin. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution authorizing the write-off of Fire Rescue ambulance accounts receivable, (in the amount of $254,037.76) for calendar year 2002. Motion carried unanimously, with Councilman John Cromartie absent. RESOLUTION NO. 303-2006 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of Florida, in the amount of$55,221.00 for the purchase of37 sets of personal protective ensembles. Motion carried unanimously, with Councilman John Cromartie absent. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to advertise for sealed bids for the maintenance of Monroe County Fire Rescue vehicles (ambulances), including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. Motion carried unanimously, with Councilman John Cromartie absent. Commissioner Neugent inquired of a contingency plan of relocating emergency vehicles prior to a hurricane. Mr. Willi and Rob Low, Battalion Chief addressed the Board. * * * * * * The Board of County Commissioners reconvened with all Commissioners present. MONROE COUNTY HOUSING AUTHORITY Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to delete from today's agenda the matter concerning approval of a Resolution of the Board of County Commissioners of Monroe County, Florida adopting amendment two (2) to Monroe County's Local Housing Assistance Plan (LHAP) for the State of Florida Fiscal Years 2004-2005, 2005-2006, 2006-2007 authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. Motion carried unanimously. 08/16/2006 2006/192 COMMISSIONERS' ITEMS Commissioner Spehar updated the Board concerning her item on windstorm insurance including information from the August 1 st Citizens Insurance evidentiary hearing. Ms. Hutton addressed the Board. (The update regarding Monroe County self-insurance was not addressed). The Board discussed Commissioner Spehar's item concerning the reappointment of James Cameron to the Planning Commission to begin September of2006 and to end in September of 2008. Geri Smith and Kay Thacker addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent approving the reappointment of James Cameron. Roll call vote was unanimous. Ms. Hutton addressed the Board concerning Mayor McCoy's item to consider approval of a Resolution strongly encouraging the Florida Legislature to study and enact Legislation addressing the insurance crisis in Florida. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 304-2006 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR The Board accepted the County Administrator's Monthly Activity Report for July, 2006 dated August 1,2006. Mr. Willi informed the Board that as a test for future use, today's meeting was being televised live through the County's WEB CAM via the Harvey Government CenterIMarathon Government CenterIKey Largo Library meeting rooms. Mr. Willi discussed a page that was activated this morning to the County's web site which provides information to the public of the implementation of county management practices and performance excellence in Monroe County Government; his recommendation to promote Deb Barsell to the position of Community Services Director; and recent health issues concerning Fire Chief Clark Martin and informed the Board that Rob Low, Battalion Chief would be Acting Fire Chief. COMMISSIONER ORGANIZATION County Clerk, Danny Kolhage administered the Oath of Office to newly appointed Commissioner Mario DiGennaro. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the Elected Official Bond for Commissioner Mario DiGennaro. Roll call vote was unanimous. WASTEWATER ISSUES Elizabeth Woods, presented an update to the Board of the Year 8 DCA Work Program. 08/16/2006 2006/193 The Board discussed the County Administrator's recommended State of Florida wastewater funding allocation for unincorporated Monroe County, Key Largo Wastewater Treatment District and the City of Marathon. Charles Brooks, representing the Key Largo Wastewater Treatment District, addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval, per Staff Recommendation, of the following funding split: $6.038 million for Key Largo Wastewater Treatment District, $1 million dollars for the City of Marathon and $10,962,000 for joint FKAAlMonroe County projects in unincorporated Monroe County. During discussion, Commissioner Patton requested an amendment to the motion to split the funding evenly in the amount of$8.5 million for the Upper Keys and $8.5 for the Lower Keys. The amendment was not accepted by the maker. Roll call vote was taken on the original motion and carried unanimously. The Board discussed consideration of the purchase of the Stock Island Wastewater Plant (Key West Resort Utilities). Motion was made by Commissioner Spehar to take this item to the October meeting of the Board in Key West. Motion died for lack of a second Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro directing that any discussions to acquire the Key West Resort Utility Plant not deter the progress being made with the Aqueduct Authority based on the Interlocal Agreement. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Patton Yes Commissioner Spehar No Commissioner DiGennaro Yes Mayor McCoy Yes Motion carried. PRESENTATION OF AWARDS Eric Poole, Senior Legislative Advocate presented the 2006 County Partners Award by the Florida Association of Counties to Representative Ken Sorensen. GROWTH MANAGEMENT Ty Symroski, Growth Management Director addressed the Board concerning the discussion, update and guidance to Staff to proceed with preparing an agreement to redevelop Seahorse Trailer Park in Big Pine and Rowell's Marina in Key Largo. The following individuals addressed the Board: Kay Thacker, Pauline Klein, and Ron Miller. No official action was taken. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Section 155-191A, Monroe County Code, in order to correct a scrivener's error in the legal description of 08/16/2006 2006/194 Duck Key Municipal Service Taxing District Unit set forth in Ordinance No. 015-2005; 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 Neugent and seconded by Commissioner Patton to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Chapter 2 of the Monroe County Code entitled "Administration" by amending Sec. 2-8(a) in order to provide County Departments an allocation of funds to host social events or give prizes or awards for the public purpose of boosting employee morale; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. The following individual addressed the Board: Sylvia Murphy. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton to deny the item. Mr. Willi addressed the Board. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Patton Yes Commissioner Spehar Yes Commissioner DiGennaro Yes Mayor McCoy No Motion carried. Mr. Symroski, referred the Board to a written Memorandum from Heather Beckman, Senior Planner of the Growth Management Division, dated August 1, 2006, regarding Public Hearing items Q3 through Q18. There was no public input Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolutions: Resolution approving the request for Administrative Relief made by Edward Arduino on the property described as Lot 2, Stillwright Point Plat #1, Key Largo, RE #00514350.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 305-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Anthony Bassett, for Key Largo Beach Addition, Key Largo Lot 9 & w'ly 35.50' ofn'ly 1.50' Lot 8, Block 13, RE #00503400-000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 306-2006 Said Resolution is incorporated herein by reference. 08/16/2006 2006/195 _ Resolution approving the request for Administrative Relief made by Laura Bottenhom on the property described as Lot 142, Port Largo, Key Largo, RE #00452730.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 307-2006 Said Resolution is incorporated herein by reference Resolution approving the request for Administrative Relief made by Laura Bottenhorn on the property described as Lot 143, Port Largo, Key Largo, RE #00452740.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 308-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Craig Campbell on the property described as Lot 3, Block 16, Twin Lakes Subdivision, Key Largo, RE #00550200.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 309-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Francisco Correa on the property described as Lot 8, Block 6, amended and extended plat of Key Largo Ocean Shores, Key Largo, RE #00498560.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 310-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Sergio Garcia on the property described as Lot 15, Block 1, Harbor Shores, Key Largo, RE #00521670.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 311-2006 Said Resolution is incorporated herein by reference Resolution approving the request for Administrative Relief made by Ridobel Garcia on the property described as Lot 8, Block 7, Amended Plat Winston Waterways #2, Key Largo, RE #00547211.000800. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 312-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by German Luengo on the property described as Lot 27, Twin Lakes Second Addition, Key Largo, RE #00551005-000300. The relief is in the form of one (1) dwelling unit allocation. 08/16/2006 2006/196 RESOLUTION NO. 313-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Ralph Merritt, Jr. on the property described as Lot 18, Block 4, Lime Grove Estates, Section #1, Key Largo, RE #00485670.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 314-2006 Said Resolution is incorporated herein by reference. Resolution approving the request for Administrative Relief made by Dean Parkinson on the property described as Lot 26, Block 2, Ocean Isle Estates, Key Largo, RE #00538560.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 315-2006 Said Resolution is incorporated herein by reference Resolution approving a request for Administrative Relief made by RER Holding Corp., LLC., on the property described as Lot 16, Block 10 Key Largo Ocean Shores, Key Largo, Real Estate Number 00499800.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 316-2006 Said Resolution is incorporated herein by reference. Resolution approving a request for Administrative Relief made by Richard C. Riehl on the property described as Lot 5, Block 2, South Creek Village, Key Largo, Real Estate Number 00466660.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 317-2006 Said Resolution is incorporated herein by reference. Resolution approving a request for Administrative Relief made by Josue Roja for Rand R Holding Corp., LLC., on the property described as Lot 37, Block 6, Winston Waterways Plat #2, Key Largo, Real Estate Number 00547080.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 318-2006 Said Resolution is incorporated herein by reference. Resolution approving a request for Administrative Relief made by David Thompson on property described as Lot 28, Block 8, Key Largo Ocean Shores Key Addition, Key Largo, Real Estate Number 00499330.000000. The relief is in the form of one (I) dwelling unit allocation. RESOLUTION NO. 319-2006 Said Resolution is incorporated herein by reference. 08/16/2006 2006/197 Resolution approving a request for Administrative Relief made by Mark Thompson on property described as Lot 14, North of Canal, Paradise Point cove, Key Largo, Real Estate Number 00513810.000000. The relief is in the form of one (1) dwelling unit allocation. RESOLUTION NO. 320-2006 Said Resolution is incorporated herein by reference Roll call vote was unanimous. COUNTY ATTORNEY Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent approving the termination of the Renewal of Professional Services Agreement between Monroe County and The Pfeiffer Company d/b/a TPC Governmental Consulting approved by the BOCC on June 21, 2006; and directed the County Administrator to send a termination notice. This motion also includes execution of a Professional Services Agreement between Monroe County and Barreto, Cunningham, May, Dudley, Maloy & Reyes, LLC to serve as the County's State Legislative lobbyist providing strategic governmental consulting services Motion carried unanimously. Ms. Hutton addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Patton granting approval to advertise and hold an Attorney-Client Closed Session on September 6,2006 at 4:30 P.M. at the Harvey Government Center in Key West in the matter of Florida Keys Citizens Coalition and Last Stand v. Department of Community Affairs and Monroe County, FL Case No. DOAH 06-2449GM The subject matter of this meeting will be confined to settlement negotiations and a strategy session related to litigation expenditures. The persons to be in attendance are County Attorney, Robert Shillinger as Chief County Attorney, Jerry Sanders as Assistant County Attorney, County Commissioners, County Administrator, and a certified court reporter. The Board also authorized the County Attorney, should it be necessary, to seek a continuance motion on this matter concerning settlement discussions. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Patton's item concerning Monroe County School District Resolution #656 regarding rebuilding of the Key Largo School cafeteria to EHPA standards to be used as a hurricane shelter. Pauline Klein, and Dr. Debra Walker, representing the Monroe County School Board, addressed the Board. No official action was taken. COUNTY ADMINISTRATOR The Board discussed the matter of reimbursing the County Administrator for 12 months of life insurance premium and to approve montWy reimbursement for future premium payments. Mr. Willi, Ms. Hutton and Mr. Kolhage addressed the Board. This item was referred to the Clerk, County Administrator and County Attorney. 08/16/2006 2006/198 COUNTY ATTORNEY The Board accepted the written Litigation Report dated August 11,2006 from Suzarme Hutton, County Attorney. Ms. Hutton announced that Assistant County Attorney, Susan Grimsley has been awarded Board certification in City/County/Local Government Law. Ms. Hutton then discussed the need to appoint a Commissioner to the Board of Governors, District I due to a vacancy. Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of Amendment Number One to First Amended and Restated Interlocal Agreement of July 20, 2005 between the Board of County Commissioners of Monroe County, Florida and the Key Largo Wastewater Treatment District to increase advance funding to the District in the amount of three million seven hundred dollars ($3,700,000) as approved by the Board on June 21,2006. Motion carried unanimously. MISCELLANEOUS Commissioner Neugent discussed information concerning possible litigation by an outside party against the Florida Keys Society for Prevention of Cruelty to Animals, Inc., and Monroe County. Ms. Hutton indicated that her office had received a public records request on this matter and also discussed the possibility of performing an operational audit of all four (4) animal control shelters in Monroe County by the Humane Society of the United States (HSUS). After discussion, the Board authorized Ms. Hutton to bring a contract with the HSUS for consideration at the Special Board meeting of September 6,2006. PUBLIC HEARINGS Mr. Symroski addressed the Board concerning the following Resolutions transmitting to the Department of Community Affairs the request by the Monroe County Planning and Environmental Resources Department for Land Use (FLUM) Map Amendments. All of the properties are physically located on Ocean Reef, Upper Key Largo, Monroe County, Florida, this being the first of two Public Hearings: The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan for Residential High (RH) to Mixed Use Commercial (MC) for property described as part Lot 4 and Part NE 1/4 of the SW 1/4 of Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida having the real estate numbers: 00081740.000500,00081760.000000, and 00081710.000000. 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. 321-2006 Said Resolution is incorporated herein by reference. 08/16/2006 2006/199 The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan for the following properties from Recreation (R) to Mixed Use/Commercial (Me), the properties are physically located in Ocean Reef Club northwest of Anchor Drivel, southeast of the airport runway, and southwest of Barracuda Lane. The properties are legally described as part of the NE 1/4 of the SW 1/4 and part of the SW 1/4 of the NE 1/4 ofthe plat oflands of Seaboard Properties, Inc., Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, FL. The real estate numbers are 00081720.000301, and 00081720.999303. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Digennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 322-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 20 I 0 Comprehensive Plan for the following properties from Recreation (R) and Airport District (AD) to Public Facilities (PF). The properties are physically located in Ocean Reef Club South of the Barracuda Golf Course, east of the Dolphin Golf Course and abutting the airport runway to the east. The properties are legally described as part of Government Lot 4, and part of the SE 1/4 of the NW 1/4 of the plat oflands of Seaboard Properties, Inc., Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, FL. The real estate numbers are 00081720.000000, and 00081720.000200. There was no public input. Motion was made by Commissioner Digennaro and seconded by Commissioner Patton to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 323-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan for the following properties from Recreation (R) to Mixed Use/Commercial (Me) for property described as part of the NE 1/4 of the SW 1/4 of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000302 and 00081740.000300 and from Recreation (R), Residential High (RR), and Airport District (AD) to Mixed Use/Commercial (Me) for property described as part of the NE 1/4 of the SW 1/4 of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers 00081720.000300. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Patton to adopt the following Resolution. Motion carried unanimously. 08/16/2006 2006/200 RESOLUTION NO. 324-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Residential Conservation (RC) for property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having real estate numbers: 00080120.000100, 00080190.000000 and 00573690.003900 and from Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having real estate numbers: 00573630.002600 and 00573630.002601. 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. 325-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 20 I 0 Comprehensive Plan for the following properties from Residential Low (RL), Recreation (R), and Residential Conservation (RC) to Mixed Use Commercial (MC). The properties are legally described as Harbor Course, Sec. I, Tract B, Ocean Reef Plat 13, Monroe County, Florida. The real estate numbers are 00080040.000000,00080040.000100, 00572797.003600,00573650.002800,0057297.003700, and 0057297.003603. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Digennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 326-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan for the following property from Residential Medium (RM) to Recreation (R) for property described as part of Tracts A, F & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having real estate number: 0056944.005201 and to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Recreation (R) to Residential Medium (RM) for property described as Blk I Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having real estate number: 00569443.005200,00569446.000100, 00569446000300,00569446.000400,00569446.001800, and 00569446.001900 There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner 08/16/2006 2006/20 I Neugent to adopt the following Resolution. Motion carried unanimously. This item was reconsidered by the Board and assigned a resolution number accordingly. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to designate the subject property as Conservation (C) on the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan, the property is legally described as part of Government Lot 2, and Land at Landings and Moorings of Fisherman's Cover Condo, Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida. The real estate number is 00081696.000000. There was no public input. Motion was made by Commissioner Digennaro and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. This item was reconsidered by the Board and assigned a resolution number accordingly. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to designate the subject properties as Conservation (C) on the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan. The properties are legally described as Angel Fish Keys, PB4-83, part Government Lot I, Section 8, Township 59S, Range 41E and part Government Lots 8, 9, and 10, Section 5, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida. The real estate number is 00091510.000000. Motion was made by Commissioner Neugent and seconded by Commissioner Digennaro to adopt the following Resolution. Motion carried unanimously. This item was reconsidered by the Board and assigned a resolution number accordingly. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Parks & Refuge (PR) for property described as Government Lot 9, PB4083, Section 6, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate number: 00081660.000100. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Digennaro to adopt the following Ordinance. Motion carried unanimously. This item was reconsidered by the Board and assigned an ordinance number accordingly. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Suburban Commercial (SC) for property described as part of Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having the real estate number: 00569510.000000. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner DeGennaro to adopt the following Ordinance. Motion carried unanimously. This item was reconsidered by the Board and assigned an ordinance number accordingly. 08/16/2006 2006/202 Ms Hutton addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro to reconsider agenda items R7 through RII. Motion carried unanimously. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to amend the Future Land Use Map (FLUM) of the Monroe County Year 20 I 0 Comprehensive Plan for the following property from Residential Medium (RM) to Recreation (R) for property described as part of Tracts A, F & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having real estate number: 0056944.005201 and to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan from Recreation (R) to Residential Medium (RM) for property described as Blk I Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No 15, Ocean Reef, Monroe County, Florida, having real estate number: 00569443005200, 00569446.000100, 00569446.000300,00569446.000400,00569446.001800, and 00569446.001900. 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. 327-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to designate the subject property as Conservation (C) on the Future Land Use Map (PLUM) of the Monroe County Year 2010 Comprehensive Plan, the property is legally described as part of Government Lot 2, and Land at Landings and Moorings of Fisherman's Cove Condo, Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida The real estate number is 00081696.000000. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 328-2006 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held to consider a Resolution transmitting to the Florida Department of Community Affairs a request by the Monroe County Planning and Environmental Resources Department to designate the subject properties as Conservation (C) on the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan. The properties are legally described as Angel Fish Keys, PB4-83, part Government Lot I, Section 8, Township 59S, Range 41E and part Government Lots 8,9, and 10, Section 5, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida. The real estate number is 00091510.000000. Motion was made by Commissioner Patton and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 329-2006 08/16/2006 2006/203 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Parks & Refuge (PR) for property described as Governrnent Lot 9, PB4-83, Section 6, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate number: 00081660.000100. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by Monroe County Planning to amend the Land Use Designation Map (Zoning) from Sparsely Settled (SS) to Suburban Commercial (SC) for property described as part of Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having the real estate number: 00569510.000000. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 032-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 9.5-120.4 of the Land Development Regulations relating to dwelling unit transfer authorization for development not affected by residential ROGO. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue until the September 20, 2006 BOCC meeting in Marathon. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance amending the definition of accessory uses and contiguous and adding a definition for Adjacent Lot, Aggregate and Aggregation; amending 9.5-256 Aggregation of Development, and 9.5-349 Shoreline Setbacks, to be consistent with the new definition for adjacent lot; providing for severability; providing for conflict; and providing for an effective date. Mr. Symroski addressed the Board. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue this item until the September 20, 2006 BOCC meeting in Marathon. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance to create a definition for boat barns under Section 9.5-4, to exempt boat barns from floor area calculations and NROGO under Section 95-124, 9.5-124.2, and 9.5-124.3 and amending the setback and bufferyard requirements for developments which include a boat barn, providing for severability, providing for conflict, and providing for an effective date. There was no public input. Motion was made by 08/16/2006 2006/204 Commissioner Spehar and seconded by Commissioner DiGennaro to continue this item until the September 20, 2006 BOCC meeting in Marathon. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs, Comprehensive Plan amendments based on the Evaluation and Appraisal Report (EAR) of the adopted Monroe County Year 2010 Comprehensive Plan. Mr. Symroski and Assistant County Attorney Jerry Sanders addressed the Board. 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. 330-2006 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Monroe County Code Section 9.5-45; providing for a notice requirement of fifteen (15) days for Public Hearings, amendments to the text of the Monroe County Land Development Regulations and proposed changes to the Land Use District Map, fixing the type and size of notice advertisements; providing for repeal of all Ordinances inconsistent herewith; providing for an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida Department of Community Affairs. The Board accepted public input with the following individuals addressing the Board: Ron Miller, Kay Thacker, and Pauline Klein. Ms. Hutton and Mr. Willi addressed the Board. Commissioner Spehar excused herself from the meeting. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Patton to adopt the following Ordinance, as written. Motion carried unanimously, with Commissioner Spehar not present. ORDINANCE NO. 033-2006 Said Ordinance is incorporated herein by reference. Commissioner Spehar returned to the meeting and took her seat. A Public Hearing was held to consider adoption of an Ordinance amending Monroe County Code Section 9.5-511; deleting notice provisions and referring to 9.5-45 and; providing that notice of all Public Hearings shall be posted on the Monroe County web site; providing for repeal of all Ordinances inconsistent herewith; providing an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida and transmittal to the Florida Department of Community Affairs. Mr. Symroski addressed the Board. The Board accepted public input with the following individuals addressing the Board: Ron Miller, Kay Thacker, and Pauline Klein. Motion was made by Commissioner Patton and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 034-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Monroe County Code Section 9.5-21; providing for the ability of the BOCC to hear and act upon land use 08/16/2006 2006/205 matters at BOCC meeting sites closest and next closest to the subject property; providing for repeal of all Ordinances inconsistent herewith; providing an effective date and; providing for filing in the Office of the Secretary of State of the State of Florida and transmittal to the Florida Department of Community Affairs. Assistant County Attorney, Jerry Sanders addressed the Board. The Board accepted public input with the following individuals addressing the Board: Kay Thacker, Ron Miller, Pauline Klein. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 035-2006 Said Ordinance is incorporated herein by reference. The first of two Public Hearings was held to consider adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as the Key Largo Livable CommuniKeys Master Plan. Mr. Symroski referred the Board to a written Memorandum from Jose Papa, AlCP, Comprehensive Planning Manager of the Growth Management Division, dated July 24, 2006. The Board accepted public input with the following individuals addressing the Board: Pauline Klein, representing the Island of Key Largo Home Owner's Association, and Margaret Warnaar. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Patton to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 331-2006 Said Resolution is incorporated herein by reference A Public Hearing was held to consider adoption of a Resolution endorsing the findings of the Key Largo US 1 Corridor Enhancement Plan and directing the appropriate staff to pursue funding to further analyze the findings or implement the projects proposed in the study. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Patton to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 332-2006 Said Resolution is incorporated herein by reference. County Attorney, Suzanne Hutton informed the Board that she had received a letter from H. T. Pontin and would submit it to the Clerk for the record. A Public Hearing was held to consider a Budget Amendment to the Fleet Management Fund, #504 and adoption of a Resolution for unanticipated funds to increase the budget for Fund 504. 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. 333-2006 Said Resolution is incorporated herein by reference. 08/16/2006 2006/206 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 ~~c.~~ Isabel C DeSantis, Deputy Clerk