Loading...
08/19/2009 Regular 172 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners VVednesday,i\ugust 19,2009 Key Largo, Florida i\ Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 i\.M., at the Murray E. Nelson Government & Cultural Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissi2009/1720ner Kim VVigington, and Mayor George Neugent. i\lso present at the meeting were Roman Gastesi, County i\dministrator; Debbie Frederick, i\ssistant County i\dministrator; Suzanne Hutton, County i\ttomey; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. i\ Special Invocation was made in memory of the late Monroe County Veteran's i\ffairs Director - Charles Ingraham. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of i\dditions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Mayor's Presentation of Service i\ ward for 15 years of service to David Zalanka, Fire Rescue Lieutenant. Mayor's Proclamation designating September 6 - 12,2009 as Suicide Prevention VVeek. Mayor's Proclamation designating September 17 - 23, 2009 as Constitution VVeek. BULK APPROVALS Board ratified the signing of an i\ward Letter by the Mayor accepting additional Federal funds in the amount of $49,206.00 as a Modification to the Emergency Management Base Grant i\greement # 09-BG-03-11-54-01-169 in the amount of $98,726.00; and authorized the County i\dministrator to execute any other required documentation in relation to the application process. Board granted approval and authorized execution of an i\greement between Monroe 173 County and the University of Miami Miller School of Medicine (UM), Gordon Center for Research in Medical Education (GCRME), Division of Pre hospital and Emergency Healthcare designating Monroe County Fire Rescue (MCFR) as a satellite training site to offer American Heart Association (AHA) Basic Life Support (BLS), and Advanced Cardiac Life Support (ACLS) courses. Board granted approval and authorized execution of Amendment 001 to the Nutrition Services Incentive Program (NSIP) Contract US-951 between Monroe County and the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/Nutrition Program) for Fiscal Year 8/1/08 to 9/30/09. Board granted approval and authorized execution of the Adult Services Home and Community Based Case Management Referral Agreement between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services Program) for State Fiscal Year (SFY) July 1,2009 to June 30, 2010. Board granted approval of Modification #1 to the Low Income Home Energy Assistance Program (LIHEAP) Federally Funded Sub Grant Agreement Number 09EA-7K-11-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Orion Bank for an Automated Teller Machine at the Key West International Airport. Board granted approval of Award of Bid to Quality Enterprises USA, Inc., for Runway Safety Area improvements at the Key West International Airport in the amount of$2,296,711.98 Board granted approval of Federal Aviation Administration Grant, Project Number 3-12- 0044-027-2009 to conduct an Environmental Assessment for relocation and extension of Runway 07/25 at the Florida Keys Marathon Airport, in the amount of$485,855.00. Board granted approval and authorized execution of an Amendment to Lease Agreement for the Airport Gift Shop at the Key West International Airport between Monroe County and Gina Borrego/Last Chance Gifts, LLC. Board granted approval of Award of Bid to Tri- Tech Construction and Design, Inc., for Runway Obstruction Clearing Phase II at the Key West International Airport, in the amount of in the amount of $1 06,456.45. Board granted approval of a vendor from the top-ranked firms, to negotiate a contract for the development of Monroe County's Americans with Disabilities Act Transition Plan - first ranked is Bender and Associates in joint venture with ADAAG Consulting Services. 174 Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Board granted approval and authorized execution of First Renewal to Monroe County Art in Public Places Administrative Agreement between Monroe County and the Florida Keys Council of the Arts to utilize 10% of the 1 % allocation for art funding, for the reimbursement of administrative expenses. Board granted approval and authorized execution of Fourth and Final Amendment to Contract for Consulting Services for American with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads between Monroe County and MBI/K2M Architecture, Inc. Board adopted the following Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 214-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 125-2009 (OMB Schedule Item No.2) RESOLUTION NO. 215-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 216-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 217-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 218-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 219-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 220-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). 175 RESOLUTION NO. 221-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 222-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.1 0). RESOLUTION NO. 223-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 224-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 225-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 226-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 227-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 228-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 229-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 230-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 231-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 232-2009 Said Resolution is incorporated herein by reference. 176 Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 233-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 234-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 235-2009 Said Resolution is incorporated herein by reference. Amending Resolution No.1 04-2009 (OMB Schedule Item No. 23). RESOLUTION NO. 236-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 237-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 238-2009 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2010 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorized the County Administrator to execute the application. RESOLUTION NO. 239-2009 Said Resolution is incorporated herein by reference. Board granted approval for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter dated July 15, 2009 to the Florida Department of Law Enforcement for Fiscal Year 2010 (October 1,2009 through September 30,2010), whereby Monroe County agrees to the distribution of JAG program funds in the County, for the following projects: Monroe County Youth Challenge Drug and Violence Prevention in the amount of $41,723; Samuel's House Women's Shelter Drug Testing Program in the amount of$21,700; HeronJPeacock Anti-recidivism Program for Mentally III and Substance Abusers in the amount of$32,725; and 16th Judicial Circuit Urinalysis Program (Drug Court Program) in the amount of $46,725 totaling the amount of$142,873. 177 Board granted approval to award Public Works surplus items as described in the Recap of Bid Opening on July 30, 2009. (Items 1, 2, 11, 12, 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28 & 29). Said document is incorporated herein by reference. Board granted approval of Award of Bid and authorized execution of an Agreement between Monroe County and Curran Taylor, Inc. for convection steamers for the Monroe County Detention Center on Stock Island. Board granted approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs for the Fiscal Year beginning October 1, 2009. Board adopted the following Resolution authorizing the execution of the 7th year Grant Agreement # 023SC with the Florida Department of Environmental Protection (DEP) for the acceptance of the Consolidated Small County Solid Waste Management Grant for Fiscal Year 2009/2010. RESOLUTION NO. 240-2009 Said Resolution is incorporated herein by reference. Board granted approval for Staff to apply for a grant for transportation stimulus funds for bridge repair and rehabilitation projects and for the Mayor to execute a Certification Under Section 1511 of the American Recovery and Reinvestment Act stating the projects that may be awarded discretionary stimulus grant funds through the American Recovery and Reinvestment Act of 2009 (ARRA) which have received the full review and vetting required by law and that the infrastructure investment is an appropriate use of taxpayer dollars. Board adopted the following Resolution indicating strong support for bridge repair and rehabilitation projects. RESOLUTION NO. 241-2009 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval of the Year 2009 - 2010 Monroe County Tourist Development Council Marketing Plan. Board granted approval and authorized execution of a 1 st Amendment to Agreement between Monroe County and the Lower Keys Chamber of Commerce, Inc. covering the Big Pine and Lower Keys Island Art Festival to revise date of event to December 5,2009. Board granted approval and authorized execution of a 1 st Amendment to extend the Agreement between Monroe County and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Sections 2-299. 178 Board granted approval to waive policies and bid process and enter into a Contract between Monroe County and The Ameurop Group, Inc. who is the only entity that provides multilingual tourist assistance for 24 hours; 7 days a week; 365 days a year. The Ameurop Group, Inc. provides live assistance through to 1-800-771- KEYS and provides a monthly detailed report. Board granted approval and authorized execution of an Agreement between Monroe County and Keys Association of Dive Operators, Inc. to act as a County Wide Dive Umbrella. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Fishing Tournaments, Inc. to act as a County Wide Fishing Umbrella. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution addressing procedural issues pertaining to the "Contract for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels and Marine Debris"; providing clarification regarding the intent of the contract, providing clarification regarding quote solicitation and job award procedures, and waiving purchasing policy by providing additional purchasing levels and signature authorities to expedite the derelict vessel and marine debris removal process. RESOLUTION NO. 242-2009 Said Resolution is incorporated herein by reference. Board granted approval of a Task Assignment Notification Form, FWC Contract No. 08150 with the Florida Fish & Wildlife Conservation Commission (FFWCC) to receive a $176,000 grant for the removal of invasive exotic plant species from conservation lands that are owned or managed by Monroe County. Board adopted the following Resolution authorizing the acceptance of Block 54, Lots 16 & 17, Maloney Subdivision also known as McDonald's Plat (PB 1-55) in Stock Island, Florida from the Monroe County Comprehensive Plan Land Authority for affordable housing including a 12 unit apartment complex consisting of3 buildings located at 5530 Third Avenue, Stock Island. (RE# 00126970-000000). RESOLUTION NO. 243-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Occupancy Agreement and Ground 99 Year Lease between Monroe County and the Habitat for Humanity of Key West and the Lower Keys, Inc. for property at 5530 Third Avenue, Stock Island (RE# 00126970-000000) for management and renovation of a 12 unit apartment complex to be used for affordable housing. 179 Board granted approval and authorized execution of a Ground Lessor Estoppel and Attornment Agreement by Monroe County and Sea Grape II, Ltd. in favor of Neighborhood Lending Partners of South Florida, Inc. This approval allows the long term lessee to obtain financing for the project of twenty-eight (28) units. Board adopted the following Resolution approving the Rockland Industrial Park Re-Plat with a minor technical change to the original of the Rockland Industrial Park recorded in Plat Book 7 at Page 76 which amendment has already been approved by the acting Planning Director pursuant to Monroe County Code Section 11 0-96(E), having legal description of a portion of Government Lot 7, Section 21, Township 67 South, Range 26 East, Rockland Key Florida, having Real Estate Number 001122080-000100. RESOLUTION NO. 244-2009 Said Resolution is incorporated herein by reference. Board granted approval and ratified the members to the Green Initiative Task Force (GITF) for a one-year term, the appointments are for District 2 - David Tuttle; District 3 - Jedde Regante and Donna Windle; District 4 - Steven Grasley and Jeffrey Pinkus; and District 5 - Joel Reed and John Hammerstrom. All of the appointments are being renewed for an additional one- year term beginning September 29,2009 and expiring on September 28,2010. Board granted approval and authorized execution of an Amendment to the 2006 Agreement between Monroe County and DRC Emergency Services, LLC extending the Agreement for one additional year, through September 19,2010. Board granted approval of the Code Enforcement Action Plan which includes altering the job description of a current employee and the creation of one (1) FTE position within the Code Enforcement Department. Board granted approval and authorized execution of a Sub-Lease Agreement between the Overseas Redevelopment Company, LLC & Flagler Village Limited Partnership, L TD for that portion of the lease that is post-development. The Lessee Overseas Redevelopment Company, LLC is applying for Low Income Housing Tax Credit Financing. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving an Amendment to the 2008/2009/2010 Local Housing Assistance Plan as required by the State Housing Initiatives Partnership (SHIP) Program, and adoption of the "Florida Homebuyer Opportunity Program" (FHOP) strategy and the submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation. RESOLUTION NO. 245-2009 Said Resolution is incorporated herein by reference. 180 COMMISSIONERS' ITEMS Board granted approval of Mayor Neugent's appointment of Sylvia Murphy, Mayor Pro Tern to the Tourist Development Council as the Mayor's representative to the Board of County Commissioners. Board granted approval of Commissioner DiGennaro's reappointment of Jim Cameron to the Planning Commission as the District 4 representative. COUNTY CLERK Board granted approval of the Board of County Commissioners minutes from the Regular meeting of June 17,2009 (Previously distributed). Board granted approval of the following Warrants (104652-104752 & 541931-542974): General Fund (001), in the amount of $3,202,969.99; Fine & Forfeiture Fund (101), in the amount of$6,201,202.20; Road and Bridge Fund (102), in the amount of$38,981.04; TDC District Two Penny (115), in the amount of $472,979.15; TDC Admin. & Promo 2 Cent (116), in the amount of$572,445.17; TDC District 1,3 Cent (117), in the amount of $253,403.54; TDC District 2,3 Cent (118), in the amount of$102,601.23; TDC District 3,3 Cent (119), in the amount of$11,842.44; TDC District 4,3 Cent (120), in the amount of $161,440.24; TDC District 5,3 Cent (121), in the amount of$110,719.02; Gov. Fund Type Grants (125), in the amount of$148,074.91; Fire & Amb District 1 L&M Keys (141), in the amount of $248,650.34; Upper Keys Health Care (1441), in the amount of$841.77; Uninc Svc Dist Parks & Rec (147), in the amount of $40,695.49; Plan, Build, Zoning (148), in the amount of$65,087.00; Municipal Policing (149), in the amount of$698,390.01; Duck Key Security (152), in the amount of$3,840.00; Local Housing Assistance (153), in the amount of $73,382.68; Boating Improvement Fund (157), in the amount of$34,751.32; Misc. Special Revenue Fund (158), in the amount of $27,259.46; Environmental Restoration (160), in the amount of$32,814.13; Law Enforcement Trust (162), in the amount of$9,438.18; Building Fund (180), in the amount of$15,454.01; 1 Cent Infra Surtax (304), in the amount of $74,606.06; 2003 Revenue Bonds (307), in the amount of$1,293.29; Infr Sls Srtx Rev BDS2007 (308), in the amount of$392,966.60; Big Coppitt Wastewater Pr (310), in the amount of$2,891,324.06; Card Sound Bridge (401), in the amount of$5,135.47; Marathon Airport (403), in the amount of$91,560.23; Key West Inti. Airport (404), in the amount of $129,996.75; KW AlP Series 2006 Bonds (405), in the amount of$115,315.25; PFC & Oper Restrictions, in the amount of $560,904.82; MSD Solid Waste (414), in the amount of $1,192,883.76; Worker's Compensation (501), in the amount of$20,149.88; Group Insurance Fund (502), in the amount of$122,717.75; Risk Management Fund (503), in the amount of $29,047.85; Fleet Management Fund (504), in the amount of$96,598.80; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,200. Note: Checks 541931 - 541982 voided due to problem with check signing machine. 181 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list in incorporated herein by reference. Board granted approval of Tourist Development Council Expenditures for the month of July, 2009: Advertising, in the amount of$I,119,093.51; Bricks & Mortar/Interlocal Projects, in the amount of$$126,985.92; Events, in the amount of$94,838.70; Office Supplies & Oper Costs, in the amount of$30,281.29; Public Relations, in the amount of$149,014.32; Sales & Marketing, in the amount of$63,941.86; Telephone & Utilities, in the amount of $20,133.67; Travel, in the amount of$2,203.98; Visitor Information Services, in the amount of $61,101.00. Board granted approval to rescind Agenda Item K7 from the April 19, 2006 BOCC meeting; a Letter of Understanding with the Florida Department of Community Affairs recognizing the number of affordable dwelling unit allocations available for use in Agreement with developers. Board granted approval of the corrective warrants list for the period of October, 2008 through June, 2009. COUNTY ADMINISTRATOR Board granted approval of the reappointment of Mr. Lou Hernandez to the Tourist Development Council representing the position of elected municipal official. Board granted approval and authorized execution of a Lease Agreement between Monroe County and the Monroe County Health Department to provide office space at the Gato Building, 1100 Simonton Street, Key West, Florida. Board granted approval and authorized execution of a Lease Agreement between Monroe County and the Monroe County Health Department to provide office space at the Murray E. Nelson Government and Cultural Center, Key Largo, Florida. COUNTY ATTORNEY Board granted approval and authorized execution of a) Florida Communities Trust Area of Critical State Concern Program Addendum VII to Grant Contract, Proposal Number 93-001- CSl to transfer four (4) County-owned parcels located within the City of Marathon to the City of Marathon and; b) approval for the Mayor to execute the correlating Quit Claim Deed approved by the Florida Communities Trust, upon receipt of the executed Addendum VII to Grant Contract from the City of Marathon. Board granted approval and authorized execution of a Professional Services Contract between Monroe County and Thomas D. Wright to serve as legal counsel for the Contractors Examining Board. 182 Board granted approval and authorized execution of a Consent to Assignment from Tew Cardenas, LLP to Cardenas Partners, LLC of original agreement dated February 27,2009, and all subsequent amendments, for provision of lobbying services pursuant to notification received that the Washington office ofTew Cardenas, LLP has bifurcated from the Miami office and is now its own separate entity known as Cardenas Partners, LLC effective July 1, 2009. Board granted approval of payment in the amount of$43,152.46 to the firm of Ferencik, Libanoff, Brandt, Bustamante & Williams, P.A. for legal services provided on behalf of Monroe County in the matter of Monroe County v. Bender & Associates, etc/D.L. Porter Constructors, Inc. vs. Bliss-Cashier Metal Products, Inc., Case No. 03-CA-915-K. Board granted approval for Assistant County Attorney Granger to voluntarily dismiss without prejudice the County's foreclosure actions entitled Board of County Commissioners of Monroe County, Florida v. Tony Welters and Virginia Welters, Case No. 03-CA-1505-K and Board of County Commissioners of Monroe County, Florida v. Louis Welters, et. a!., Case No. 04-CA-639-K but allowing the Code Enforcement lien to remain filed and imposed during its regular meeting scheduled for August 19,2009 in Key Largo. Board granted approval to advertise an Ordinance for a Public Hearing to amend Section 23-85 of the Monroe County Code; 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. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Mayor Neugent's item concerning the use of the "Old Stiglitz" House" on South Street near Watson Park on Big Pine Key for the Boys and Girls Club after school and summer programs. The following individuals addressed the Board: Dan Dombroski and Cece Williamson, representing the Boys & Girls Club. The item was referred to Staff. MISCELLANEOUS BULK ITEMS The Board discussed the advertisement of a Request for Proposals for Parking Lot Management for the Key West International Airport. Peter Horton, Airports Director and Danny Kolhage, Clerk of Courts discussed the matter. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed applying for a Small Community Air Service Development Program federal grant to obtain one or more low cost air carriers for the Key West International Airport. Peter Horton, Airports Director discussed the matter. Motion was made by Commissioner 183 Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. The Board discussed rates charged by Miami-Dade County Fair & Expo for electric, lights and air conditioning during Hurricane Ike activation of pet friendly shelter facility. The rates billed were $27.00 per hour for electric/lights, and $80.00 per hour for air conditioning during September 7-8,2008. Suzanne Hutton, County Attorney and Danny Kolhage, Clerk of Courts discussed the matter. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. The Board discussed adding a Recycling Coordinator position under Solid Waste Management, effective October 1, 2009. Dent Pierce, Public Works Director and Rosa Washington, Sr. Administrator - Solid Waste Management discussed the matter. The following individual addressed the Board: Robby Majeska. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed an Agreement between Monroe County and the Key West Business Guild, Inc. for Visitor Information Services which promote gay and lesbian tourism for Key West. The following individual addressed the Board: Ron Miller, representing the Upper Keys Citizens Association. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. The Clerk announced a vacant position on the Tourist Development Council District I Advisory Committee for an "At Large" appointment. The Clerk announced a vacant position on the Tourist Development Council District II Advisory Committee for an "At Large" appointment. STAFF REPORTS Airports - Peter Horton, Airports Director reported passenger numbers at the Key West International Airport. Mr. Horton also discussed a recent trip he and the Mayor took to Miami to meet with representatives of Vision Air concerning a new charter at the airport(s). GROWTH MANAGEMENT The Board discussed a Sub-Lease Agreement between Overseas Redevelopment Company, LLC & Flagler Village Limited Partnership, Ltd. to comply with low income housing tax credit financing application requirements. Suzanne Hutton, County Attorney and Drew Trivette, Growth Management Director discussed the matter. The following individuals addressed the Board: Tim Koenig and Scott Oropeza, representing Overseas Redevelpment. After discussion, motion was made by Commissioner DiGennaro and seconded by 184 Commissioner Carruthers granting approval of the item, as revised. Motion carried unanimously. The Board discussed a request from The Green Initiative Task Force (GITF) to apply for a grant from the Federal Government that requires no matching funds known as the Solar American Cities-Technical Outreach, it offers $10.5M total funding and is designated for energy efficiency and renewable energy information dissemination, outreach, training and technical analysis. In order to apply, the GITF will need assistance of County staff to assist in writing the grant. Drew Trivette, Growth Management Director and Roman Gastesi, County Administrator discussed the matter. The following individual addressed the Board: Joel Reed. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed the currently utilized "H" mitigation credit/debit process for public and private development located on Big Pine Key and No Name Key with direction to Growth Management to pursue Regulatory Conservation as a mitigation strategy using a mitigation ordinance as a secondary approach. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. The Board discussed the Affordable Housing Advisory Committee (AHAC) meeting four times per year. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers allowing the number of AHAC meetings to increase from once a year to four times a year. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent Yes Motion carried. STAFF REPORTS Growth Management - Drew Trivette, Growth Management Director reported on climate change/sea level and the County's Tier System. Mr. Trivette discussed his resignation and that his last day of employment would be September 18, 2009. COMMISSIONERS' ITEMS The Board discussed Mayor Neugent's item to move forward with legislation and provide direction to the County Attorney to negotiate a contract with the Grey Robinson Law Firm for purposes of lobbying the Florida State Legislation to support a Bill entitled Area of Critical State Concern Wastewater and Stormwater Assistance Program. Roman Gastesi, County 185 Administrator and Suzanne Hutton, County Attorney discussed the matter. Motion was made by Commissioner DiGennaro and seconded by Commissioner granting approval and authorizing execution of the subject contract. Motion carried unanimously. Motion was also made by Commissioner Murphy and seconded by Commissioner Carruthers to support the legislative proposal consisting of an authorization to conduct a referendum on an additional one penny sales tax, the $200 million dollars of state revenues and targeted deadline extensions for wastewater. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to postpone to the Board's September meeting in Marathon the support to provide additional land on Scout Key to be placed under a conservation easement to satisfy the requirement for off- site mitigation for Camp Sawyer. Motion carried unanimously. The Board discussed Commissioner DiGennaro's items concerning an Interlocal Agreement between Monroe County and the City of Marathon to assist the City of Marathon with training of city code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it. Drew Trivette, Growth Management Director discussed the matter. Motion was made by Commissioner Murphy and seconded by Commissioner Carrruthers to table the item to the Board's September meeting in Marathon. Motion carried unanimously. Suzanne Hutton, County Attorney also discussed the item. COUNTY ADMINISTRATOR Roman Gastesi, County Attorney referred the Board to the written County Divisions' Monthly Activity Report for July, 2009 dated July 4, 2009. The Board discussed approval or rejection of the proposal to lease the property formerly known as the Hickory House parcel and fixtures for the sum of one dollar a year for thirty years with ideas for improvements. The following individual addressed the Board: Howard Gelbman. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to reject the bid proposal received and bring back to the Board a specific RFP for consideration before it is advertised. The Board also requested a status on the condition of the property. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a Resolution extending the default date for the SHIP Mortgage issued for Woods Comer to December 31, 2009. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution authorizing a final extension default date to March 31, 2010. Motion carried unanimously. RESOLUTION NO. 246-2009 186 Said Resolution is incorporated herein by reference. The Board discussed a request for approval to advertise a Public Hearing for an Ordinance prohibiting lobbying of County officials and employees from the time a solicitation is advertised until the award of contract, and adding to the bases for debarment the violation of the lobbying prohibition. Suzanne Hutton, County Attorney. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to table the item. Motion carried unanimously. CLOSED SESSION Suzanne Hutton, County Attorney announced that an Attorney-Client Closed Session of the Board of County Commissioners was being held in the matter Tropex Construction Service, Inc. VS. Monroe County, CA P 06-44. Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger and a certified court reporter. COUNTY ATTORNEY Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to re-open the agenda in order to add an item by the County Attorney. Motion carried unanimously. Bob Shillinger, Chief Assistant County Attorney discussed the ratification of a Settlement Agreement in the matter of Tropex Construction Services, Inc., a Florida corporation v. Monroe County Board of County Commissioners, Case No. CA P 06-44 P. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the Settlement Agreement. Motion carried unanimously. Bob Shillinger, Chief Assistant County Attorney discussed the Attorney-Client Closed Session of the Board of County Commissioners in the matter of Donald Barton v. Monroe County, CA K 09-917, and requested that the Session be continued. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to continue the Closed Session to the Board's meeting on September 16, 2009 at 1:30 P.M. Suzanne Hutton, County Attorney read the names of the persons to be present - the Commissioners, County Administrator Roman Gastesi; County Attorney Suzanne Hutton; Chief Assistant County Attorney Bob Shillinger; Assistant County Attorney, Susan Grimsley and a certified court reporter. Motion carried unanimously. WASTEWATER ISSUES Liz Wood, Sr. Administrator - Sewer Projects referred the Board to the written Engineering Division - Wastewater Projects - July 2009 Status Report - dated August 19,2009. The Board was provided with a document entitled Cudjoe Regional Wastewater System Design. 187 Jim Reynolds, Executive Director of the Florida Keys Aqueduct Authority discussed the document. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy granting approval and authorizing execution of the Florida Department of Environmental Protection (FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602090 in the amount of $20,134,400 to fund the construction of the Big Coppitt Wastewater Treatment Plant and Geiger/Rockland Key collection systems. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item to waive or reduce permitting fees for the North Key Largo Utilities Corp project to upgrade the existing wastewater treatment facility to meet the 2010 standards, and possible direction to staff to draft a resolution amending the fees as approved by the Board. The following individual addressed the Board: David Ritz, representing North Key Largo Utility Corporation. Suzanne Hutton, County Attorney discussed the matter. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers that County permit fees which are not set by the State shall be reduced to 5% for Not- for-profit organizations with a 501 (c) (12) status from the Internal Revenue Service for construction to comply with Advanced Waste Treatment requirements of Chapter 99-395, Laws of Florida, and that they are not retroactive. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington No Mayor Neugent Yes Motion carried. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney discussed the status of the Sandra Carter v. Monroe County, case number CA K 07-882 litigation. Mr. Shillinger also discussed the Calusa and Vandenbrook matters. The Board authorized the County Attorney to move forward and file a Motion for Rehearing on the Carter litigation. Commissioner DiGennaro excused himself from the meeting. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance deleting Sections 23-82, 23-83, 23-85(e), 23-88 and 23-93 of the Monroe County Code; Amending Sections 23-102 and 23-111 of the Monroe County Code; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of 188 Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Section 11 shall be revised that the subject Ordinance shall take effective immediately upon filing with the Office of the Secretary of State. Motion carried unanimously. ORDINANCE NO. 028-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Monroe County Code, Section 10-25, Chapter 10, Article II; Providing for a surcharge of$30.00 in noncriminal traffic infractions as defined in F.S. 318.14 and Criminal Violations as listed in F.S. 318.17; 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 Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Section 5 shall be revised that the subject Ordinance shall take effective immediately upon filing with the Office of the Secretary of State. Motion carried unanimously. ORDINANCE NO. 029-2009 Said Ordinance is incorporated herein by reference. Commissioner DiGennaro returned to the meeting and took his seat. A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Section 102-20 of the Monroe County Code concerning the appointments and terms of members of the Planning Commission and vacancies thereon; Deleting removal for cause except as specifically set forth; Deleting the requirement for special meetings; Removing the for time certain public hearings and adding a military representative as an ex officio member. The Board accepted public input with the following individuals addressing the Board: Gail Kenson, representing NAS Key West, and Pauline Klein. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an ordinance amending Chapter 142 Signs in the Land Development Code, specifically by amending Section 142-3 regarding vehicle and A-frame signs; by amending Section 142-4 regarding off premises signs; by amending section 142-5 regarding electronic signs; and by creating Section 142-8 for special identification signs; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Secretary of State and Department of Community Affairs; providing for codification; providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Anne Rodamen, representing SugarloafFood Company; Marney Brown, and Dan Lesley. Drew Trivette, Growth Management Director discussed the matter. Motion was made by Commissioner DiGennaro and seconded by Commissioner 189 Carruthers to adopt the Ordinance, with a size revision: A-frame signs (i.e. Sandwich board signs) are changed from 3 X 4 to 4 x 4 through December 31,2010. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent No Motion failed. After further discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to accept the Planning Commission's recommendation, as written, through June 7, 2010. Roll call vote was unanimous. ORDINANCE NO. 031-2009 Said Ordinance is incorporated herein by reference. MISCELLANEOUS Roman Gastesi, County Administrator discussed the advertisement/posting for a new Growth Management Director position due to the resignation of Drew Trivette. 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