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10/21/2009 Regular 219 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 21, 2009 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioller Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George Neugent. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of Additions, Corrections and Deletions to the agenda. Motion carried unaIlimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting ap]Jroval to add to the agenda a revised sub-lease between Overseas Redevelopment Company, I.JLC and Flagler Village Limted Partnership, Ltd., to correct some typographical and clerical errors identified by Florida Housing Finance Corporation in the sub-lease approved by the BOCC on August 19, 2009. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 15 years of service to Monroe County to Cheryl Ingraham, Sr. Administrative Assistant, Project Management. Presentation of Employee Service Award for the Month of June, 2009 to Hank Kokenzie, Senior Systems Analyst, Technical Services Division. Presentation of Mayor's Proclamation proclaiming November 21, 2009 as National Adoption Day in Monroe County and in doing so, urge all citizens to join in a national effort to raise awarelless about the importance of adoption. Presentation of Mayor's Proclamation designating November 15, 2009 as Monroe County Recycles Day and to encourage all residents of Monroe County to continue participating in their curbside recycling programs. 220 BULK APPROVALS Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro ,granting approval of the following items by unanimous consent: Board granted approval of the purchase of a Call Pilot voice mail upgrade from quote #321260811 for equipment and services completed on 9/1/09. Board granted approval of Award of Bid for Janitorial Services at the Florida Keys Marathon Ajrport to Class Act Cleaning Service, LLC, in the amount of$27,063.05 annually. Board granted approval of Purchase Service Order No. 08/09-53 with URS for Airport Noise Program Coordinator for the Part 150 Program for the Key West International Airport. Board granted approval of Purchase Service Order No. 08/09-52 with URS for Noise Contour Update for CY 2009, for the Key West International Airport. Board granted approval of Fiscal Year 2010 Rates & Charges for the Key West International Airport, to become effective October 1, 2009. Board granted approval of Purchase Service Order No. 08/09-29 with URS for a Part 150 Noise Exposure Map Update, for the Key West International Airport. Board granted approval of Purchase Service Order No.9 with THC, Inc., for Implementation of the Noise Insulation Program, Phase 7 Construction Services. Board granted approval of Purchase Service Order No. 08/09-55 with URS for Disadvanta!~ed Business Enterprise Implementation Services for the Key West and Marathon Airports. Board granted approval and authorized execution of a Contract between Monroe County and Quality Enterprises, USA, Inc., for Runway Safety Area Improvements at the Key West International Airport. Board granted approval and authorized execution of a Contract between Monroe County and Tri- Tec'h Construction & Design, Inc. for Runway Obstruction Clearing Phase II at the Key West International Airport. Board granted approval for Federal Express to continue to occupy their facility at the Key West International Airport on a month to month basis, pending a new lease agreement. Board granted approval of Award of Bid and authorized execution of a Contract between Monroe COllnty and Castle USA Corporation, for Wind Protection Improvements (Shutters Phase II) for the Florida Keys Marathon Airport in the amount of $23,313.91. 221 Board granted approval of the annual update to Exhibit A that specifies FY 2010 payroll costs for the Extension Agent positions jointly funded by the University of Florida (UF) and Monroe County as per the Memorandum of Understanding (MOU) between Monroe County and the UF effective October 1, 2006. Board granted approval for the Key Largo, Marathon, and Key West Branch Libraries to close at 6:0() p.m. on Wednesday, November 25, 2009. Board granted approval for the five Library branches to remain open on December 24, 2009 (a holiday for the new fiscal year only) and close instead on Saturday, December 26, 2009. Board granted approval and authorized execution of Amendment 002 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for Fiscal Year 7/01/09- 6/30/10. Board granted approval and authorized execution of Amendment 002 to the Alzheimer's Disease Initiative (ADI) Contract KZ-997 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval and authorized execution of Amendment 002 to the Home Care for the Elderly (HCE) Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval and authorized execution of Amendment 003 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval and authorized execution of Amendment 003 to the Home Care for the Elderly (HCE) Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. Board granted approval and authorized execution of Contract US-1 051 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners for the Nutrition S(~rvices Incentive Program 2009-2010 Contract. Board granted approval and authorized execution of Amendment 002 to the Nutrition Services Incentive Program (NSIP) Contract US-951 between the Board of County Commissiollers and the Alliance for Aging, Inc. This amendment increases the reimbursement rate per meal paid to the County for the period 9/1/09-9/30/09. 222 Board granted approval of the receipt of monthly report on Change Orders reviewed by the County .Administrator's Office. Board granted approval to negotiate a continuing contract with the top 4 ranked firms for Architectural/Engineering services for projects in which construction costs do not exceed $2,000,000. The four (4) highest ranked firms in alphabetical order are CH2MHill; Currie Sowards, A,guila Architects; MBIIK2M Architecture; and William P. Horn Architects. Board granted approval and authorized execution of a State and Federally Funded Subgrant Agreement between Monroe County and the State of Florida, Division of Emergency Management concerning an Emergency Management Base Grant Contract # 10-BG-25-11-54-01 in the amount of$102,724.00; and authorized the County Administrator to execute any other required documentation in relation to the application process. Board granted approval and authorized execution of Modification Number One to Subgrant Agreement between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("Recipient") to modify the term of the DCA Agreement: 09SR- 47-11-54-01- 030, dated August 7, 2009 ("the Agreement") to begin January 22, 2009, and shall end December 31, 2011; and authorized the County Administrator to execute any other required documentation in relation to the application process. Board granted approval to issue a Purchase Order to Don Reid Ford, Inc., for the purchase a 2010 Ford Super Duty F-550 Truck in the amount of$51,350.00 to replace the tow vehicle for a Mass Casualty Incident (MCI) trailer used for training and participation as a State of Florida R.egional Response unit during emergencies, by utilizing State of Florida Contract #071-000-09-1, Motor Vehicles, and approval for Fire Chief to sign all necessary documents to complete thte transaction. Board adopted the following resolutions for the transfer of funds and resolutions for the receipt of uIlanticipated revenue. Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 297-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2) RESOLUTION NO. 298-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 299-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 300-2009 Said Resolution is incorporated herein by reference. 223 Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 301-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 302-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 303-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 255-2009 (OMB Schedule Item No.8). RESOLUTION NO. 304-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 305-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 306-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 307-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 308-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 309-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 310-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 311-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 312-2009 224 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 313-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 314-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 315-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 316-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 317-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 318-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 319-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 320-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 321-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 322-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 323-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). 225 RESOLUTION NO. 324-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 325-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 326-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 327-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 328-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 329-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 34). RESOLUTION NO. 330-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 331-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 332-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 333-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 38). RESOLUTION NO. 334-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 335-2009 Said Resolution is incorporated herein by reference. 226 Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 336-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 337-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 338-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 339-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 340-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 341-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 342-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 47). RESOLUTION NO. 343-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 344-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 345-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 346-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 347-2009 Said Resolution is incorporated herein by reference. 227 Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 348-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 53). RESOLUTION NO. 349-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 54). RESOLUTION NO. 350-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 55). RESOLUTION NO. 351-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 352-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 353-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 58). RESOLUTION NO. 354-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 355-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 60). RESOLUTION NO. 356-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 61). RESOLUTION NO. 357-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 62). RESOLUTION NO. 358-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 63). RESOLUTION NO. 359-2009 228 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 64). RESOLUTION NO. 360-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 65). RESOLUTION NO. 361-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 66). RESOLUTION NO. 362-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 67). RESOLUTION NO. 363-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 68). RESOLUTION NO. 364-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 69). RESOLUTION NO. 365-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 70). RESOLUTION NO. 366-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 71). RESOLUTION NO. 367-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 72). RESOLUTION NO. 368-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 73). RESOLUTION NO. 369-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 74). RESOLUTION NO. 370-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 75). 229 RESOLUTION NO. 371-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 76). RESOLUTION NO. 372-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 77). RESOLUTION NO. 373-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 78). RESOLUTION NO. 374-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 79). RESOLUTION NO. 375-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds Schedule Item No. 80). RESOLUTION NO. 376-2009 Said Resolution is incorporated herein by reference. , Receipt of Unanticipated Funds (OMB Schedule Item No. 81). RESOLUTION NO. 377-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 82). RESOLUTION NO. 378-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 83). RESOLUTION NO. 379-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 84). RESOLUTION NO. 380-2009 Said Resolution is incorporated herein by reference Board granted approval and authorized execution of the existing contract with Keys Security Inc.. on a month-to-month basis, with the same rate of$16.00 per hour, and approved advertising for sealed bids for security patrols and services to the Duck Key Security District. Board granted retroactive approval of the Federal Fiscal Year 2006 Edward Byrne Memorial Jl1stice Assistance Grant (formerly known as the Local Law Enforcement Block Grant) contract in the amount of $17,655, with U.S. Department of Justice, Office of Justice Assistance. 230 Board granted retroactive approval of the Federal Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (formerly known as the Local Law Enforcement Block Grant) contract in the amount of $23,792, with U.S. Department of Justice, Office of Justice Assistance. Board authorized the Mayor to execute the Certificate of Acceptance of Subgrant Award for funds for law enforcement equipment upgrade for Monroe County Sheriffs Office, using funds provicied under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2009 through September 30, 2010. Board authorized the Mayor to execute a Memorandum of Understanding with the Sheriff s Office for a Law Enforcement Equipment Upgrade with funds provided under the Edward B)'Ine Memorial Justice Assistance (JAG) Grant Program American Recovery and Reinvestment Act (ARRA) of 2009, for the period from October 1, 2009 through September 30, 2010. Board granted approval to apply to the State of Florida Department of Emergency Management for the 2010 Pre-Disaster Mitigation Grant Program. Board granted approval and authorized execution of a Contract between Monroe County and RCQuilill Consulting, Inc., for the purpose of updating the Monroe County Local Mitigation Strategy Plan for the year 2010, as required by the State of Florida and the Federal Emergency ManagemerLt Agency Scope of Work; and authorized the County Administrator to execute any other required documentation in relation to the application process. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement with Greater Marathon Chamber of Commerce, Inc. covering the Marathon Triathlon in an amount not to exceed $10,000, DAC III, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Bauer Restaurant, Inc. covering Key West Songwriters' Festival in an amount not to exceed $50,000, DAC I, FY :2010 Event Resources. Board granted approval and authorized execution of an Agreement with Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in an amount not to exceed $38,500, DAC III, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Upper Keys Business Group, Inc. covering Key Largo Food & Wine Festival in an amount not to exceed $20,000, DAC V, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Key Largo Merchants Association, Inc. Covering the Key Largo Anything that Floats Race & Regatta in an amount not to exceed $12,000, DAC V, FY 2010 Event Resources. 231 Board granted approval and authorized execution of an Agreement with Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab Fest in an amount not to exceed $30,000, Dl\.C V, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Phil Peterson's Key West Poker run, LLC covering Phil Peterson's 38th Annual Key West Poker Run in an amount not to exceed $45,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with MRM Key West, LLC Covering the Key West Food & Wine Festival in an amount not to exceed $38,000, DAC I, FY 2010 E\rent Resources. Board granted approval and authorized execution of an Agreement with Keys Area International Resources, Inc. covering Sombrero Beach Run in an amount not to exceed $10,000, DAC III, F~{ 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering Big Pine and Lower Keys Nautical Flea Market in an amount not to exceed $11,100, DAC II, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Premiere Racing, Inc. covering Key West, 2010 in an amount not to exceed $100,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art Festival in an amount not to exceed $10,000, DAC II, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Lower Keys Music Festival in an amount not to exceed $13,900, DAC II, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Hawk's Cay Resort covering Conchtoberfest in an amount not to exceed $40,000, DAC III, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Shoot for the Moon covering Battle in the Bay Dragon Boat Festival in an amount not to exceed $25,000, DAC III, F~~ 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Upper Keys Rotary Fourldation, Inc. covering the 3rd Annual Upper Keys Rotary Wine Symposium on November 13-15,2010 in an amount not to exceed $15,000, DAC IV, FY 2010 Event Resources. 232 Board granted approval and authorized execution of an Agreement with the Upper Keys Rotary Foundation, Inc. covering the 15th Annual Gigantic Nautical Flea Market in an amount not to exceed $7,500, DAC N, FY 2010 Event Funding. Board granted approval and authorized execution of an Agreement with the Domestic Abuse Shelter, Inc. covering the No Name Race in an amount not to exceed $5,000, DAC II, FY 2010 Event ~Resources. Board granted approval and authorized execution of an Agreement with Monroe County Commercial Fishermen, Inc. covering the Fifth Annual Florida Keys Seafood Festival in an amount not to exceed $30,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Grace Jones Community Center, Inc. covering the National Pig Days 2010 in an amount not to exceed $15,000, DAC III, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement with Key West Botanical Garden Society, Inc. for the Creation of the Miami Blue Butterfly Garden project at the Key West Tropical Forest and Botanical Garden in an amount not to exceed $50,000, DAC I, FY 2010 Capital Resources. Board granted approval and authorized execution of an Agreement with The Marathon Community Theatre, Inc. for their Remodel/Repair project in an amount not to exceed $9,550, DAC III, FY' 2010 Capital Resources. Boar.i granted approval and authorized execution of an Agreement with Key West Film Society, Inc. for the Tropic Cinema Phase 5A project in an amount not to exceed $75,000, DAC I, FY 2010 C~apital Resources. Boarei granted approval and authorized execution of an Agreement with Dolphin Research Center, Inc. for the facility improvements project in an amount not to exceed $17,900, DAC III, FY 2010 Capital Resources. Boar(l granted approval and authorized execution of the following Fishing Umbrella Event Agreements for FY 2010 totaling $254,100: Funding Agreement with The Redbone, Inc. covering the Redbone Celebrity Tournament in November, 2009 in an amount not to exceed $6,500, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament:in December, 2009 in an amount not to exceed $2,200, FY 2010, Two Penny Fishing Umbrella Funding. 233 Funding Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in December, 2009 in an amount not to exceed $8,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December, 2009 in an amount not to exceed $4,300, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between December, 2009 and November 2010 in an amount not to exceed $35,000, FY~ 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammie Gurgiolo covering the Key Largo Sailfish Challenge in January, 2010 in an amount not to exceed $6,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackerel Tournament in January, 2010 in an amount not to exceed $15,000, FY 2010, Two Penny Fishillg Umbrella Funding. Fund-ing Agreement with Tournament Consultants, Inc. covering the Backcountry Fly Championship in February, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Uml)rella Funding. Funding Agreement with Executive Adventures, LLC covering the Sailfish Open in February, 20110 in an amount not to exceed $5,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Captain Terry Fisher, LLC covering the Capt. Leon Shell Memorial Sailfish Tournament in March, 2010 in an amount not to exceed $10,000, FY 2010, Two Penny ]~ishing Umbrella Funding. Funding Agreement with Grand Keys, LLC covering the 7 Mile Marina Marathon Sharkathon in April, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammy Gurgiolo covering the Islamorada Women's Sailfish Tournament in April, 2010 in an amount not to exceed $3,000, FY 2010, Two Penny Fishing Umbrella Fu:nding. Funding Agreement with Executive Adventures, LLC covering the World Sailfish Championship in April, 2010 in an amount not to exceed $40,000, FY 2010, Two Penny Fishing Umbrella Funding. 234 Funding Agreement with The Redbone, Inc. covering the Redbone @ Large Hawks Cay Sunrise/Sunset Tarpon Tourney in April, 2010 in an amount not to exceed $3,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Habitat for Humanity of the Middle Keys, Inc. covering the Mother's Day Dolphin Tournament in May, 2010 in an amount not to exceed $3,000, FY 2010, Two Penny :Fishing Umbrella Funding. Funding Agreement with Charlie's Coconuts, LLC covering the Coconut's Dolphin Tournament in May, 2010 in an amount not to exceed $15,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with David Breznicky covering the Tarponian Tournament in May, 2010 in an amount not to exceed $3,000, FY 2010, Two Penny Fishing Umbrella Funding. Fund-ing Agreement with Donna Vankirk covering the Ladies Tarpon in May, 2010 in an amount not to exceed $3,000, FY 2010, Two Penny Fishing Umbrella Funding. Fund.ing Agreement with Golden Fly Invitational Tarpon Tournament, Inc. covering the Golden Fly ~rarpon Tournament in May, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny FishiIlg Umbrella Funding. Funding Agreement with John Stuempfig covering the Yamaha Dolphin Masters Invitational i.n May, 2010 in an amount not to exceed $2,500, FY 2010, Two Penny Fishing Umbrella Fu,nding. Funding Agreement with Donna Vankirk covering the Marathon International Tarpon Tournament in May, 2010 in an amount not to exceed $4,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Interselect, Inc., dba Burdines Waterfront covering the Blackfin Tuna Fun Fishing Tournament in June, 2010 in an amount not to exceed $2,000, FY 2010, Two Penny FishirLg Umbrella Funding. Funding Agreement with Key West Gators, Inc. covering the Key West Gator Club Dolphin Derby in June, 2010 in an amount not to exceed $7,000, FY 2010, Two Penny Fishing Umbrella Fu:nding. Funding Agreement with Gold Cup Tarpon Tournament, Inc. covering the Gold Cup Tarpon Tournament in June, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Umb,rella Funding. Funding Agreement with The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Umbrella Funding. 235 Funding Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada :Dolphin Tournament in June, 2010 in an amount not to exceed $5,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine and Lower Keys Dolphin Tournament in June, 2010 in an amount not to exceed $8,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Islamorada Restaurant, LLC covering the Island Grill Charity Dolphin Tournament in June, 2010 in an amount not to exceed $3,600, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammy Gurgiolo covering the Hawk's Cay Mahi Fly A Redbone @ Largo in July, 2010 in an amount not to exceed $5,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July, 2010 in an amount not to exceed $24,000, FY 2010, Two Penny Fishing Umbrella Funding. Funcling Agreement with Tournament Consultants, Inc. covering the Del Brown Permit Tournament in July, 2010 in an amount not to exceed $1,500, FY 2010, Two Penny Fishing Umbrella FILnding. Funding Agreement with Florida Straits Conch Company covering the Conch Republic Ladies Dolphin Championship in July, 2010 in an amount not to exceed $2,000, FY 2010, Two Penny FishiJlg Umbrella Funding. Funding Agreement with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountry Challenge in September, 2010 in an amount not to exceed $2,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with The Redbone, Inc. covering the SLAM Celebrity Tournament in September, 2010 in an amount not to exceed $6,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Herman Lucerne Memorial Foundation covering the Herman Lucerne MelTIorial Tournament in September, 2010 in an amount not to exceed $3,500, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlotte Ambrogio covering the Islamorada Fall Fly Bonefish Tournament in September, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Umbrella Funding. 236 Funding Agreement with The Redbone, Inc. covering the Baybone Celebrity Tournament in October, 2010 in an amount not to exceed $9,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlotte Ambrogio covering the Islamorada All Tackle Bonefish W'orld Championship in October, 2010 in an amount not to exceed $1,000, FY 2010, Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of the following Cultural Umbrella Event Agreements for FY 2010 totaling $462,403: Funding Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2009-2010 Season, in an amount not to exceed $20,870, FY 2010, Two Penny Cultural Umbrella Funding. Fun<iing Agreement with Upper Keys Business Group, Inc. covering the Key Largo Pirates Fest on October 23-25, 2009, in an amount not to exceed $25,000, FY 2010, Two Penny Cultural Unlbrella Funding. Fun<iing Agreement with The Florida Keys History of Diving Museum, Inc. covering the "Immerse Y~ourself' season, October 2009 and September 2010 in an amount not to exceed $19,081, F): 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with the Red Barn Actors' Studio, Inc. covering the Red Barn Theatre 2009-2010 Season, in an amount not to exceed $19,837, FY 2010, Two Penny Cultural Umbrella Fllnding. Funding Agreement with The Mel Fisher Heritage Society, Inc. covering the Keys Maritime Exploration between October, 2009 and September, 2010 with pre-promotion of the 2010-2011 events, in an amount not to exceed $20,870, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2009-2010 Program Season between October, 2009 and September, 2010, in an amount not to exceed $19,321, FY 2010, Two Penny Cultural Umbrella Funding. Fun<ling Agreement with Key West Art & Historical Society, Inc. covering the Key West Art & Historical Society Cultural Series between October, 2009 and September, 2010, in an amount not to exceed $25,000, FY 2010, Two Penny Cultural Umbrella Funding. Funcling Agreement with Saint Paul's Protestant Episcopal Church of Key West, Florida covering the performance at St. Paul's between October, 2009 and September, 2010, in an amount not to exceed $12,264, FY 2010, Two Penny Cultural Umbrella Funding. 237 Funding Agreement with The Marathon Community Theatre, Inc. covering the Marathon Community Theatre Season 2009-2010 between October, 2009 and September, 2010 in an amount not to exceed $23,000, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with The Key West Harry S. Truman Foundation, Inc. covering the Presidents and First Ladies in Paradise between October, 2009 and September, 2010 in an amount not to exceed $16,739, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with The Key West Film Society, Inc. covering the Tropic Cinema - "See Art Movies in a work of Art: The Year-Round Key West Film Festival" between October, 2009 and September, 2010 in an amount not to exceed $21,386, FY 2010, Two Penny Cultural Umbrella Fllnding. Fun<iing Agreement with No Matter What Productions, Inc. covering the 12 Step Music Fest in November 2009 and Pre-promotion of the November 2010 event, in an amount not to exceed $12,500, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Marathon Garden Club, Inc. covering the Marathon Garden Club's 2009/10 Seasonal Events between November, 2009 and March, 2010, in an amount not to exceed $10,129, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Performing Arts Centers of Key West, Inc. covering the Tennessee Williams 2009-2010 Season between November, 2009 and April, 2010, in an amount not to exceed $16,223, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Florida Keys Community Concert Band covering the Pops in the Park between November, 2009 and April, 2010, in an amount not to exceed $17,768 FY 2010, Two Penny Cultural Umbrella Funding. Fun<ling Agreement with Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festi,rals between November, 2009 and April, 2010, in an amount not to exceed $20,000, FY 2010, T\\,o Penny Cultural Umbrella Funding. Fun<ling Agreement with Key West Symphony Orchestra, Inc. covering the Key West Symphony ()rchestra between November, 2009 and July, 2010, in an amount not to exceed $16,739, F)'- 2010, Two Penny Cultural Umbrella Funding. Fun(ling Agreement with Lower Keys Artists Network, Inc. covering the Art Going Green on Big Pine Key between November, 2009 and July, 2010, in an amount not to exceed $7,500 FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Innkeeper's Association, Inc. covering the Holiday Historic Inn Tour in December, 2009 and July, 2010, in an amount not to exceed $5,725, FY 2010, Two Penny Cultural Umbrella Funding. 238 Funding Agreement with Old Island Restoration Foundation, Inc. covering the 50th Annual Ke)' West House and Garden Tours and Conch Shell Blowing Contest between December, 2009 and March, 2010, in an amount not to exceed $8,306, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Florida Keys Community College and the Letters "FKCC" covering the FKCC Chorale 20th Anniversary Series between December, 2009 and April, 2010 in an amount not to exceed $10,199, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Literary Seminar, Inc. covering the 28th Annual Key West Literary Seminar in January, 2010, in an amount not to exceed $7,790, FY 2010, Two Penny Cultllral Umbrella Funding. Funding Agreement with National Council for the Traditional Arts, Inc. covering the First Annual Florida Keys Traditional Arts Festival in January, 2010, in an amount not to exceed $5,987, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Art Center, Inc. covering the Key West Craft Show and Old Island Days Art Festival between January and February 2010, in an amount not to exceed $4,659, FY 2010, Two Penny Cultural Umbrella Funding. Fun<iing Agreement with Key West Council on the Arts, Inc. covering the Impromptu Concerts between January and March, 2010, in an amount not to exceed $7,446, FY 2010, Two Penny Cultllral Umbrella Funding. Funding Agreement with Key West Pops, Inc. covering the Key West Pops Season between January and March, 2010, in an amount not to exceed $4,141, FY 2010, Two Penny Cultural Umbrella Funding. Fun(ling Agreement with Middle Keys Concert Association, Inc. covering the Middle Keys Concert Season between January - March, 2010, in an amount not to exceed $7,543, FY 2010, Two l?enny Cultural Umbrella Funding. Funding Agreement with Sculpture Key West, Inc. covering the Sculpture Key West 2010 between January and April, 2010, in an amount not to exceed $17,772, FY 2010, Two Penny Cultllral Umbrella Funding. Fun<ling Agreement with Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in F~ebruary, 2010, in an amount not to exceed $9,159, FY 2010, Two Penny Cultural Umbrella Fllnding. Funding Agreement with Paradise Ballet Theatre Presenters, Inc. covering the Paradise Ballet Theatre II Performance in February, 2010 in an amount not to exceed $5,725, FY 2010, Two Penny Cultural Umbrella Funding. 239 Funding Agreement with Upper Keys Business Group, Inc. covering the Key Largo Singers & Songwriters' Festival in May, 2010, in an amount not to exceed $25,000, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival in July, 2010, in an amount not to exceed $5,724, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in September and/or October, 2009, in an amount not to exceed $13,000, FY 2010, Two Penny Cultural Umbrella Funding.. Agreement with Florida Keys Community Theatre and the Letters "FKCC" for the Fire Safety Curtain project in an amount not to exceed $40,000, DAC I, FY 2010 Capital Resources. Agreement with 218 Duval Street Corp. for Fight Night in the Keys - III in an amount not to exceed $55,000. Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservanc'y Phase I project in an amount not to exceed $74,985, DAC V, FY 2010 Capital Resources. Agreement with the City of Marathon for the Sombrero Beach Playground Equipment project in all amount not to exceed $25,000, DAC III, FY 2010 Capital Resources. Agreement with Key West Innkeepers Association, Inc. covering the Holiday Inn Tour in an amount rLot to exceed $16,110, DAC I, FY 2010 Event Resources. Agrt~ement with Islamorada Chamber of Commerce, Inc. covering the 19th Annual Florida Keys Island Fest in an amount not to exceed $20,000, DAC IV, FY 2010 Event Resources. GROWTH MANAGEMENT Board ratified Mr. Chuck Sherman to become the voting member from District 2 to the Green Initiative Task Force (GITF) for a one year term. The term begins upon appointment and will expire on September 29, 2010. Board granted approval to advertise a request for proposals (RFP) for the removal of invasive exotic plants from Monroe County Conservation Lands including two points for local preference out of 57 available points in the evaluation criteria. Board granted approval and authorized execution ofDEP Agreement No: LE655, Amendment No.1 between the Florida Department of Environmental Protection and Monroe County extending the current Agreement for eighteen (18) months to allow for utilization of the remaining grant funds for operational costs for the Marine Resources pumpout vessel. 240 Board adopted the following Resolution to allow twenty-two thousand five hundred (22,500) square feet of commercial floor area to be made available for Year 18 Non-Residential Rate of Growth (NROGO) Annual Allocation. RESOLUTION NO. 381-2009 Said Resolution is incorporated herein by reference. Board adopted the following Resolution removing a typographical error included in the Land Development Code Section 118-12(0). RESOLUTION NO. 382-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Second Amendment to the Ground Lease Agreement and to the Commencement Date Agreement between Monroe County and Islander Village, LLC to extend the term to 100 years and eliminate the annual $10.00 rent in order to comply with FS 196. 199(2)(b ) to carry out the original intent of the parties in regard to the propert)r tax liability of the unit owners and to benefit the unit owners by allowing a homestead exemption and all other exemptions allowed by law. Board granted approval of the first amendment to the Ground Lease Agreement and to the Commencement Date Agreement between Monroe County and Park Village, LLC to extend the term to 100 years and eliminate the annual $10.00 rent in order to comply with FS 196.199(2)(b) to carry out the original intent of the parties in regard to the property tax liability of the unit owners and to benefit the unit owners by allowing a homestead exemption and all other exemptions allowed by law. Board adopted the following Resolution adopting the Annual Public Facilities Capacity Assessment Report for 2008. RESOLUTION NO. 383-2009 Said Resolution is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund: $6,621.00 - Monroe County Sheriffs Office - Crime Watch Meetings and Community Events to promote Crime Prevention Education. $808.00 - Dr. Tanju Mishara - Tuition and registration fees to attend the International Association for Suicide Prevention World Congress 2009. 241 $3,000 - Toyz for Keyz Kids Program - Provide toys to Monroe County's less fortunate kids at Christmas time ($1,000 split between the Upper, Middle & Lower Keys). $1,250 - Art Behind Bars - Assist in their presentation of their 15th year show (printing invitation, mailing costs, etc.). Board granted approval and authorized execution of a Contract for Local Police Services between the: Village of Islamorada, the Monroe County Sheriffs Office and the BOCC. Board granted approval and authorized execution of a Contract for Law Enforcement and Security Services at the Key West International Airport between the Monroe County Sheriffs Office and the BOCC. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution authorizing the submission of applications or requests for 2008 Supplemental Community Development Block Grant appropriation for Disaster Recovery Initiative - Tropical Storm Faye Funding, authorizing the Mayor and/or County Administrator to execute applications, award agreements, program documents, reports and close out documentation, authorizing the Monroe County Housing Authority to prepare the application and administer the program and providing for an effective date. RESOLUTION NO. 384-2009 Said Resolution is incorporated herein by reference. MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of the Contract between Monroe County and the State of Florida, Department of Health for operation of the Monroe County Health Department - Contract Year 2009-2010. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Special Meetings of August 12th & 17th, 2009 and Regular Meeting of August 19, 2009 (previously distributed). Board granted approval of the following Warrants (104848-104942 & 543812-544812): General Fu.nd (001), in the amount of$I,387,364.28; Fine & Forfeiture Fund (101), in the amount of$88,544.56; Road and Bridge Fund (102), in the amount of$52,625.10; TDC District Two Penny (115), in the amount of$303,622.52; TDC Admin. & Promo 2 Cent (116), in the amount of$423,483.38; TDC District 1,3 Cent (117), in the amount of $1,206,029.11; TDC District 2,3 Cent (118), in the amount of$12,761.58; TDC District 3,3 Cent (119), in the amount of$50,076.53; TDC District 4,3 Cent (120), in the amount of $20,622.98; TDC District 5,3 Cent (121), in the amount of$20,162.82; Gov. Fund Type 242 Grants (125), in the amount of$191,836.05; Fire & Amb District 1 L&M Keys (141), in the amount of$63,298.51; Upper Keys Health Care (144), in the amount of$231.16; Uninc Svc Dist Parks & Rec (147), in the amount of$54,181.76; Plan, Build, Zoning (148), in the amount of$45,577.32; Municipal Policing (149), in the amount of $40.96; 911 Enhancement Fee (150), in the amount of$304,824.88; Duck Key Security (152), in the amount of$7,936.00; Local Housing Assistance (153), in the amount of$39,375.00; Boating Improvement Fund (157), in the amount of$27,483.99; Misc. Special Revenue Fund (158), in the amount of $77,652.89; Environmental Restoration (160), in the amount of$2,921.92; Law Enforcement Trust (162), in the amount of $40,164.15; Court Facilities Fees-602 (163), in the amount of $935.06; Big Coppitt Wstewtr MSTU (169), in the amount of$4,354.45; Key Largo Wastewater MSTU (170), in the amount of$206,110.81; Stock Island Wastewater (171), in the amount of$596.50; Cudjoe-SugarloafMSTU (172), in the amount of $23,754.62; Duck Key MSTU (176), in the amount of$I,014.05; Building Fund (180), in the amount of $12,040.72; 1 Cent Infra Surtax (304), in the amount of$2,277,350.88; Infr Sls Srtx Rev BDS2007 (308), in the amount of$1,042,025.94; Card Sound Bridge (401), in the amount of $10,530.92; Marathon Airport (403), in the amount of$185,664.33; Key West Inti. Airport (404), in the amount of$353,981.81; KW AlP Series 2006 Bonds (405), in the amount of $529,001.58; PFC & Oper Restrictions, (406), in the amount of $807,600.40; MSD Solid Waste (414), in the amount of$1,666,157.74; Worker's Compensation (501), in the amount of $17,547.92; Group Insurance Fund (502), in the amount of $248,546.72; Risk Management Fund (503), in the amount of$7,315.87; Fleet Management Fund (504), in the amount of $124,292.97; Fire&EMS LOSAP Trust Fund (610), in the amount of$1,200.00. Board granted approval of Tourist Development Council Expenditures for the month of September, 2009: Advertising, in the amount of$319,356.72; Bricks & Mortar/Interlocal Projects, in the amount of$1,161,420.27; Visitor Information Services, in the amount of $80,275.00; Events, in the amount of$36,190.13; Office Supplies & Oper Costs, in the amount of$57,201.92; Personal Services, in the amount of$137,578.52; Public Relations, in the amount of$147,651.51; Sales & Marketing, in the amount of$72,374.90; Telephone & Utilities, in the amount of$9,538.92; Travel, in the amount of$15,171,03. Board granted approval to remove surplus equipment for inventory via disposal or advertise for bid. COUNTY ATTORNEY Board granted approval and authorized execution of an extension of Employment Contract with Suzanne Hutton as County Attorney to October 31, 2011. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed an Agreement with the Upper Keys Business Group, Inc. covering the Key Largo Independence Celebration, in an amount not to exceed $34,000, DAC V, FY 2010 Event Resources. The following individuals addressed the Board: Sir Peter Anderson, Secretary 243 General of the Conch Republic; and Robert Stoky representing the Upper Keys Business Guild. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed Republic Parking System to continue to provide parking lot management at the Key West International Airport on a month to month basis, pending advertising a Request for Proposals, and a new contract. Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the item, with the requirement that the successful bidder accept debit and credit cards. Motion carried unanimously. The Board discussed the Award of Bid to Class Act Cleaning Services, LLC, in the amount of$17,536.63 per month, as the most responsive low bidder, for janitorial services at the Key West hlternational Airport; and for Class Act to commence services on October 1, 2009, on a month to lnonth basis, at the rate of $17,536.63 per month, pending a contract for services. Peter Horton, Airports Director discussed the matter. The following individual addressed the Board: Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded b)r Commissioner Carruthers granting approval of the item. Motion carried unanimousl:y. The Board discussed a First Amendment to the Contract with Architects Design Group, Inc. (ADG) for professional services at the proposed Marathon Operations Center in Marathon. Jerry Barnett, Director - Project Management discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the item, contingent upon the County's ethics form being signed by the architect. Motion carried unanimously. The Board discussed the Local Governmental Agreement between the South Florida Water Management District (SFWMD) and Monroe County to provide $250,000 for stormwater management projects. Jerry Barnett, Director - Project Management. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. * * * * * * FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The :Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, and Commissioner Kim Wigington. Absent were City of Layton Councilman Clark Snow, and City of Layton Mayor Norman Anderson. 244 The Board continued to have Commissioner Murphy serve as Vice-Chairman to the Board of Governors, due to the absence of Layton Mayor Norman Anderson. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty. Motion carried unanimously. RESOLUTION NO. 385-2009 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval and authorizing execution of a 12 month Service Agreement with Environmental Marketing Services, LLC for the collection and disposal of biomedical waste generated from emergency medical calls and transports of Monroe County Fire Rescue. Motion carried unanimously. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the settlement and mitigation of a Trauma Star bill between Monroe County Fire Rescue and Thomas Talbert, account #190009-01, from $11,964.00 to $3,000.00. Motion carried unanimously. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval and authorizing execution of an Agreement between Physio- Control, Inc. and the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida, for the maintenance of biomedical equipment in the amount of$16,780.00, commencing November 1, 2009; including the Technical Service Support Agreement. Motion carried unanimousl:y. James Callahan, Fire Chief requested that the newly hired firefighters for the City of Layton begin employment on December 14, 2009 in order for the station to be open on December 31,2009. Motion was made by Commissioner Carruthers and seconded by CommissioIler Wigington granting approval of the request. Motion carried unanimously. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District I, was adjourned. * * * * * The :Board of County Commissioners meeting reconvened. Commissioner DiGennaro was not present. 245 MISCELLANEOUS BULK APPROVALS The Board discussed renewing the Lease Agreement with the Big Pine Athletic Association to lease Parcels IJ and II, Pine Key Acres, Big Pine Key, Florida (a/k/a Watson Field) for an amount of rent totaling $1.00 per year. Beth Leto, Assistant Public Works Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously, with Commissioner DiGennaro not present. Commissioner DiGennaro returned to the meeting and took his seat. The Board discussed closing the western portion of Richard Road on Big Pine Key. The following individuals addressed the Board: John Holroyd, Holly Sergi, and L. B. Pokorski. After discussion, motion was made by Commissioner DiGennaro to table the item. Motion died for lack of a second. Motion was then made by Commissioner DiGennaro and seconded by Commissioner Carruthers to not close the western portion of Richard Road on Big Pine Key. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent No Motion carried. MONROE COUNTY TAX COLLECTOR Honorable Danise "Dee Dee" Henriquez - Monroe County Tax Collector presented the Tax Collector's excess fees check to the Board of County Commissioners. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item concerning an Interlocal Agreement with 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. Chris Gratton, representing the Florida Keys Contractor's Association; Murray Shatt, representing the Florida Marine Contractor's Association; Rudy Krause, representing RKS Construction; and Councilman Dick Ramsey, representing the City of Marathon. i\fter discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the item. Roll call vote was unanimous. The :Board heard Commissioner Murphy's item concerning a short presentation from Rafael De La Portilla from the United States Census Bureau discussing the importance of the 2010 Census and how the Board of County Commissioners can support the effort to count all the 246 residents of Monroe County. Katia Saint-Fleur, Partnership Specialist - U.S. Department of Commerce, U.S. Census Bureau made the presentation. MONROE COUNTY SHERIFF DEPARTMENT A presentation was made by Laura White, Director of Emergency Communications concerning the New Viper E911 Telecommunications System. MISCELLANEOUS BULK APPROVALS The :Soard discussed an Amendment to the Lease Agreement with Tropical Watersports, LLC, for a watersports equipment rental concession on Clarence S. Higgs Memorial Beach. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. The Board discussed waiving irregularities and executing a Contract with Charley Toppino and Sons, Inc. for the Palm Dr. (Bay Point) Bridge Repair project located in Saddlebunch Key. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. The 130ard discussed rescinding the approval to use $1,800,000 of District 3 Transportation Impact fees as matching funds for the Department of Transportation (DOT) Card Sound RoadlCR905 Intersection Conversion Project and request that FDOT delete project number 4123321 from the Work Program; and grant approval to re-allocate the funds to various projects described in the Draft Key Largo Community Master Plan. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the items. Motion carried unanimously. The Board discussed entering into an Interlocal Agreement (ILA) with the Monroe County School Board (MCSB), to provide payment for the cost of Enhanced Hurricane Protection Area Upgrade cost for Marathon High School to enable the use of the school facility as a Hurricane Shelter and Refuge of Last Resort. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motiol1 carried unanimously. The Board discussed the Fiscal Year 2010 Contracts with Non-Profit Organizations funded through recommendations of the Human Services Advisory Board (HSAB), the Substance Abuse Policy Advisory Board (SAP AB), and the County Commission as well as the Contracts with the Non-Profit Service Organizations funded by the County Commission for Fiscal Year 2010. These organizations do not apply to the Human Services Advisory Board; they are funded directly by the Board of County Commissioners as budget line items. Tina Boan, Budget and Finance Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro granting approval and authorizing execution of the following Funding Agreements: 247 AIDS Help, Inc., in the amount of $25,500 American Red Cross of Greater Miami and the Keys, in the amount of $5,000 Boys and Girls Club, Inc., in the amount of $68,500 Domestic Abuse Shelter, in the amount of $30,000 Easter Seals Florida, Inc., in the amount of$10,000 Florida Keys Area Health Education Center, Inc., in the amount of $35,000 The Florida Keys Children's Shelter, Inc., in the amount of$146,500 Florida Keys Healthy Start Coalition, Inc., in the amount of $5,000 Florida Keys Outreach Coalition, Inc., in the amount of $36,700 The Good Health Clinic, Inc., in the amount of$35,000 Grac.e Jones Day Care Center, in the amount of$17,500 Guidance Clinic/Care Center, in the amount of $1 ,060,520 Helpline, Inc., in the amount of $4,500 Hospice of the Florida Keys, Inc., in the amount of$145,000 Keys Area Interdenominational Resources, in the amount of $1 0,000 Literacy Volunteers of America - Monroe County, Inc., in the amount of $4,000 Monroe Association for Retarded Citizens (MARC), in the amount of $146,500 Monroe County Education Foundation, Inc., - Monroe Youth Challenge, in the amount of $45,000 Monroe County Education Foundation, Inc., - Keys Center/P ACE, in the amount of $59,000 Paradise Interfaith Network/Independence Cay, Inc., in the amount of$7,500 Rural Health Network of Monroe County, Florida, Inc., in the amount of $333,600 Samuel's House, Inc., in the amount of $77,000 Star of the Sea Foundation, in the amount of$10,000 United States Fellowship of Florida, Inc., d/b/a Heron and Peacock Programs, in the amount of $48,500 Wesley House Family Services, Inc., in the amount of$126,500 Womankind, Inc., in the amount of $70,000 Arts Council, in the amount of$57,000 Big Pine Athletic Association, in the amount of $44,000 Heart of the Key Association, in the amount of $30,400 Upper Keys YMCA, in the amount of$11,400 Exotic and Wildbird Rescue (Big Pine) in the amount of$5,000 Florida Keys Wildbird Center, in the amount of $5,000 Marathon Wildlife Center, in the amount of$5,000 Historic Florida Keys Foundation, in the amount of $28,500 Upper Keys Community Pool., in the amount of$180,000 AARPs and Older American, in the amount of $18,500 Motion carried unanimously. The Board discussed an Agreement for Consulting Services between John Morrill and Monroe County to provide grant-writing services. Tina Boan, Budget and Finance Director and 248 Lisa Tennyson, Grants Manager discussed the matter. The following individual addressed the Board: Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed approval to negotiate contracts with six firms: ADA Engineering; MACTEC Engineering & Consulting; Bermello, Ajamil & Partners; EAC Consulting; Metric Engineers; HDR; and T.Y. Lin International for on call engineering services. Roman Gastesi, County Adnlinistrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro appointing Margaret A. Romero as an "At Large" appointment to the Tourist Development Council District I Advisory Committee. Motion carried unanimously. The Clerk announced a vacant position on the Tourist Development Council District N Advisory Committee for an "At Large" appointment. STAFF REPORTS J ames Callahan, Fire Chief discussed the dedication held at the new Big Pine Key Fire Station. Chief Callahan also discussed his previous request for the newly hired firefighters for the City of Layton to begin on December 14, 2009 in order for the station to be open on December 31, 2009. COMMISSIONERS' ITEMS The Board discussed waiving the bid process to utilize the public adjuster services of Municipal Claims Management Services, Inc. (MCMS) to review all claims, losses, and/or occurrences to determine if further recovery is available in closed claims filed for the County in connection with Hurricane Wilma, which impacted the County in October 2005, and manage such supplemental claims. Suzanne Hutton, County Attorney discussed the matter. The following individuals addressed the Board: Henry Rodriguez and Kurt V o ngoht en, representing Municipal Claims Management Services; and Dennis Ward, Monroe County State Attorney. After consideration, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to remove the item from the agenda. Roll call vote was unanimous. CLOSED SESSIONS Suzanne Hutton, County Attorney announced that an Attorney-Client Closed Session was being held with the Board of County Commissioners in the matter of Donald Barton v. Monroe County, CA K 09-917 which has been consolidated into the matter of Donald J. Barton v. Stewart Andrews, CA K 03-1107. Present will be Suzanne Hutton, County Attorney; Roman 249 Gastesi, County Administrator; Bob Shillinger, Chief Assistant County Attorney; Assistant County Attorney Susan Grimsley; and a certified court reporter. Suzanne Hutton, County Attorney announced that a Closed Executive Session was being held with the Board of County Commissioners in the consolidated case of The Tower Group v. Monroe County, et aI, Case Number 2007-CA-1428-K, and Monroe County v. Gonzalez Architects, et aI, Case Number 2008-CA-458-K. Present will be Suzanne Hutton, County Attorney; Roman Gastesi, County Administrator; Bob Shillinger, Chief Assistant County Attorney; Natileene Cassel, Assistant County Attorney; Mark Miller, Special Litigation Counsel WASTEWATER ISSUES Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written September 2009, Status Report - Engineering Division - Sewer Projects, dated October 21,2009. Ms. 'W ood discussed the Resolution authorizing the Big Coppitt State Revolving Fund (SRF) Loan application, agreement, pledged revenues, and appropriate officers. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 386-2009 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator discussed the confirmation for the appointment of the selected Division Director for the Growth Management Division. The following individual addressed the Board: Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the appointment of Lee "Chip" Merriam as the Division Director for the Growth Management Division. 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. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Sections 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 250 Ordinances; and Providing an effective date. Suzanne Hutton, County Attorney discussed the matter. There was no public input. Motion was made by Commissioner Wigington and seconded b~y Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 032-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 6- 108; Eliminating and reducing waivers and exemptions from building permit fees; Providing for the repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individual addressing the Board: Margaret Romero, Bob Calhoun, representing Habitat for Humanity; Diane Beruldsen, and Bill Loewy. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to continue the Public Hearing to the Board's regular meeting on November 18, 2009 at 3:00 PM at the Murray I~. Nelson Government Center in Key Largo. Roll call vote was unanimous. A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Section 110.72 ofthe Monroe County Land Development Code concerning recording of conditional uses; Amending Section 110.73 regarding extensions of conditional uses and providing consistency with Section 110- 72 time periods. There was no public input. Susan Grimsley, Acting Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Ordinance including the approval to be able to apply for no more than two extensions of2 years each for conditional use permits. Motion carried unanimously. ORDINANCE NO. 033-2009 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY The Board discussed bringing suit on behalf of Monroe County against Call Communications Group, Inc. (WMKL) and Genesis Broadcasting (WGES) and their successors in interest for breach of contract/failure to pay rent to the County. Both parties are co-lessees of space on a County owned communications tower in North Key Largo. The following individual addressed the Board: Dr. Robert Robbins, representing WMKC - Call Communications. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to bring suit against Call Communications Group, Inc. (WMKL) and Genesis Broadcasting (WGES) and their successors. Motion carried unanimous. 251 STAFF REPORTS Growth Management - Susan Grimsley, Acting Growth Management Director discussed the following matters: Official designation of US Highway 1 as an All American Byway as part of the National Scenic Byways Program; United States Fish & Wildlife Mooring Fields Pilot Project; Census Bureau document; Meetings were held with Keith & Schnars concerning the County's Comprehensive Plan. Public Works - Beth Leto, Assistant Public Works Director discussed the following matters: Clarification from earlier in the day that Watson Field on Big Pine Key is partially owned by M'onroe County, and status of the Stiglitz House lease. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the recommendation from the Green Initiative Task Force (GITF) that the Board of Commissioners require that incandescent lights be replaced by compact florescent lights (CFL) in County owned buildings on an attrition basis when possible or practical. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item concerning a Resolution of the Board of County Commissioners of Monroe County, Florida, requesting the Federal Aviation Administration (FAA) to conduct a feasibility study on the removal, replacement and/or relocation ofthe Non-Directional Beacon (NDB) at Higgs Beach Park, a Monroe County owned Public Park. Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 387-2009 Said Resolution is incorporated herein by reference. The Board discussed Commissioner Carruthers' item concerning a Resolution urging immediate passage of Comprehensive Federal Heath Legislation. The following individual addressed the Board: Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution. 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. 252 RESOLUTION NO. 388-2009 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written Monthly Activity Report - September, 2009. The Board discussed a Resolution urging the citizens of Monroe County to adopt Monday, November 2,2009 as Halloween Trick or Treat Night for the Children of Monroe County. Debbie Frederick, Deputy County Administrator discussed the matter. No official action was taken by the Board. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney discussed the court ordered mediation concerning the litigation of Bruno v. Monroe County; and status of the DCAlWork Program. Suzmme Hutton, County Attorney discussed the contract rate with the Department of Administrative Hearings (DOAH) from $140 per hour to $142 per hour effective retroactively to October 1, 2009, as provided by the Contract and pursuant to F. S. 120.65(11). After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval and authorizing execution of a Professional Services Agreement between Monroe County and R.E. REECE, P. A., to provide expert consulting services, including testimony, in the field of surveying in the matter of Donald J. Barton, Jr. v. Monroe County, CA K 09-917, and the related matter of Donald J. Barton v. Stewart Andrews, CA K 03- 1107. Motion carried unanimously. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval and authorizing execution of a Revised Sub-Lease Agreement between Overseas Redevelopment Company, LLC & Flagler Village Limted Partnership, LTD. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~(]. ~-W Isabel C. DeSantis, Deputy Clerk