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01/20/2010 Regular 1 MINUTES OF THE l\t(ONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Com:missioners Wednesday, January 20,2010 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Govemrnent Center. Present and answering to roll call were Commissio1t'ler Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Kim Wigington, COllUllissioner George Neugent and Mayor Sylvia Murphy. Also present at the meeting wete Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrat:or; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; 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 Carruthers and seconded by Commissioner DiGennaro gtantingapproval of Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Preslentation of Employee Service Award for the month of September 2009, to Marty Slavik, Foreman, Roads &, Bridges, Public Works Division. Prescentation of Employee Service Award for the month of October 2009, to Vicki Yaklevich, TVlMultimedia Coordinator, Technical Services Division. Presc~ntation of Years of Service Award for 5 years of service to Pamela Pumar, Human Resources. Pres(~ntation of Mayor's Proclamation proclaiming February 8,2010, as Boy Scouts of America Centennial Birthday in Monroe County. Presenttation ofMayor's Proclamation proclaiming January, 2010 as Sculpture Key West Month. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting app:roval of the following items by unanimous consent: 2 Board granted approval and authorized execution of a Lease between Monroe County and Federal Express for space at the Key West International Airport. Board granted approval of a request to rescind the approval of month to month occupancy for US Customs and Border Protection for additional space in the Adam Arnold Annex at the Key West International Airport. Board granted approval of a continuing Contract between Monroe County and Currie Sowards Aguila . Architects, for ArchitecturallBngineering · Services for projects in which construction costs do not exceed. $2,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $200',000.0'0. Board granted approval to advertise a Request for Proposals for construction of new exit stairs and the repair of existing interior stairs at the East Martello Towers. Board granted approval of a continuing Contract between Monroe County andl3ender & Associates l\rchitects for Construction Administration Services for the East Martello Exit Stair Project. Board granted approval of receipt of monthly report on Change Orders reviewed by the County Adl1l1inistrator'sOffice. Board granted approval and authorized execution of Amendment 001 to the Older Americans }\.ct (OAA) Contract AA-I015 between the Alliance for Aging, me. (Area Agency on Aging) and lthe Monroe County Board of County Commissioners (Social ServiceslIn-Home Services) for Fiscal Year 1/1/10 to 12/31/10. Board granted approval and authorized execution of a Contract between Monroe County and the COftl1l1umty Transportation Coordinator/Guidance Clinic of the Middle Keys for a Contract pedodof 0 I/O' 1/2010 through 12/31/2010. Board granted acceptance of the Monroe County Length. of Service Award Program (LOSAP)) acttIarial valuation report for the Plan Year 2009; transfer of funds for Plan Year 2009 and 1988 into the LOSAP Trust Fund; and adopted the following Resolution authorizing each eligible participant in LOSAP to be credited with additional year of service. RESOLUTION NO. 001-2010 Said Resolution is incorporated herein by reference. Board granted approval of a Memorandum of Agreement between Monroe County and the City of1\rfiami, dated September 30,200'9, concerning a United States Departmel1t of Homeland S'ecur1ty's Office of Grants & Training (OO&T), through the State of Florida Division of Emergency Management (FDEM) sub..grant (Agreement # 10D8-48...11...23-02-195), fully grant funded . and no county match, and authorization for the County Administrator to execute any other rec[uired documentation in relation to the application process. 3 Board adopted the following Resolutions for the Transfer of Funds and Receipt of Unanticipat,edFunds: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 002-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 003..2010 Said Resolutioll is incorporated herein by reference. Rescinding Resolution No. 316-2009 (OMB Schedule Item No.3). RESOLUTION NO. 004-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 005-2010 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 317-2009 (OMB Schedule Item No.5). RESOLUTION NO. 006-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 007-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 008...2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 009-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 010-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 011-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RES OL tTTI0N NO. 012..2010 Said Resolution is incorporated herein by reference. 4 Receipt ofUnantiqipated Funds (OMB Schedule Item No. 12). nSOLUTIOlNlNO.013..2010 Said Resolution is incorporated herein by reference. Receipt ofUnantici ated Funds (OMB Schedule Item No. 13). UTION NO. 014-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 015-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 016-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 017-2010 Said Resolution is incorporated herein by reference. Board granted authorization for the Mayor to execute the Certificate of Acceptance of Subgrant A vvard for funds for enhancements to the urinalysis lab for the Drug Court Program, using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1,2009 through September 30,2010, 2010-JAGC- MONR-4-4X:-113. Board granted authorization for the Mayor to execute the Certificate of Acceptance of Sub grant A ,vard for the Women in Transition: Recidivism Prevention for Women with Histories of Substanc(~ Abuse and Incarceration program using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2009 through September 30,2010, Contract No. 2010-JAGC-MONR-I-4X-112. Board granted authorization for the Mayor to execute a Memorandum of Understanding with Samuel's House to provide the Women in Transition: Recidivism Prevention for Women with Histori~e-s of Substance Abuse and Incarceration Program, with funds provided under the Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1,2009 through September 30,2010, in the amount $21,700. Board granted approval and authorized execution of a Contract between Monroe County and EAC Cc)nsulting, Inc. for on call engineering setvices. BOard granted approval and authorized execution of a Contract between Monroe County and HDR Etlgineering, mc. for on call engineering services. Board granted approval and authorized execution of a Contract between Monroe County and Metric E~ngineering, Inc. for on call engineering services. 5 Board granted. approval and authorized execution of a Contract between Monroe County and TY Lin IntemationallH. J. Ross for on call engineering services. BoaJrdgranted approval to advertise a Request for Proposals (RFP) for a security camera system to b4e installed on the bridges in the Duck Key Community. The system will be funded by special asseSsment through the Duck Key Security Fund 152. Board granted approval and authorized execution of a Supplemental Local Agency Program (L,AP) Agreement between Monroe County and Florida Departnlent of Transportation (FDOT) to amend the transportation stimulus funding for the Palm Drive (Baypoint) Bridge Repair Proj cect. Board granted approval and authorized execution of a Contract between Monroe County and MACTEC Engineering & Consulting, Inc. for Construction Engineering and Inspection Services for the Geiger Creek Bridge Repair Design Build Project. Board granted approval and authorized execution of a DesignlBuild Contract between Monroe COlmtyand Structural Preservation Systems, LLC for the Geiger Creek Bridge Repair Proj ect. Board granted approval and authorized execution of a Local Agency Program (LAP) Agreement between Monroe County and Florida Departnlent of Transportation (FDOT) to provide additional transportation stimulus funding for the Geiger Creek Bridge Repair Project. Board granted approval for staff to purchase air time on Radio Ritmo, the only bilingual station in the Florida Keys, in an effort to reach and educate our Spanish speaking residents in regard to our Solid Waste and Recycling Goals and Programs, and further boost participation in the County's recycling program. Board. granted approval. to exercise the second option to renew the Contract between Monroe Counfyand U.S. Water Services Corporation for the operation and maintenance of the sewage treatment plant at the Plantation Key Governrnent Complex. Board granted approval and authorized execution of an Initial Federally-Funded Weatherization Assistance Program American Recovery and Reinvestment Act Subgrant Agreement between Monroe County and the State of Florida, Department of Community Affairs., Contracts No. 10WX-7X-11-54-01-319. TOURIST DEVELOPMENT COUNCIL Board granted approval of the revised. Monroe County Tourist Development Council Application lor Cultural Umbrella Event Funding. Said application is incorporated herein by reference. Board granted approval of revisions to the Monroe County Tourist Development Council Operations ~r,.{anual. Said manual is incorporated herein by reference. 6 Boalrd granted approval and authorized execution of an Agreement between Monroe County and.l(,ey WestBusinessOuild, Inc. covering Pridefest 2010 in an amount not to exceed $20,000,.D.AC I, FY 2010 Event Funding. DIVISION OF GROWTH MANAGEMENT Board granted approval of the selected Contractor, DOT Palm Landscaping, Inc., and authorized t:~xecution of a Contract for the removal of invasive exotic plants from Monroe County conservation lands. Board granted approval to re-appoint William F. Kelly III to one (1) additional three (3) year term to the Contractors' Examining Board (CEB) beginning October 2009. Board adopted the following Resolution removing a typographical error included in the Land Development Code Section 130-79(12)a. RESOLUTION NO. 018..2010 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of the First Amendment to Ground Lease Agre~~ment between Monroe County and Blue W ater Workforce Housing, LLC to extend the date to obtain Low Income Housing Tax Credit fmancing until May 1,2010 and closing on syndication of credits to May 1, 2011 and obligating the Lessee to pay assessment and other costs from this date. Board granted approval of waiver of building permit fees not to exceed $1,000.00 for site modificatiolls by Habitat for Humanity of Key West and Lower Keys, project located at Bayside Landing. MONROE COUNTY SHERIFF'S OFFICE Board granted approval of the following expenditures from the Law Enforcement Trust Fund: $3,000.00 - Monroe County Sheriffs Office: to help. the MCSO Animal Farm with items that are .needed to continue uEaster on the Farm" and "Christmas on the Farm" fot.the year 2010. $18,000.00 - Take Stock in Children: to support "Scholarships, Mentors and Hope" providing state-matching scholarships for low-income families. Boalid granted approval of the reappointment of Mr. Lynn Mapes to the Sheriffs Shared Asset Forfeiture Fund Board (SAFF). 7 MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida authorizing the use of Recaptured Community Development Block Grant (CDBG) Fund 100 Program Funds and Interest in the amount of $300,000 to provide working capital for the Monroe County's Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program on behalf of low to moderate income residents countywide. RESOLUTION NO. 019-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution of the Board of County Commissioners of Monroe COlmty, Florida approving the Disaster Recovery Housing Assistance Plan for the Monroe County Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program on behalf of the low to moderate income residents countywide" RESOLUTION NO. 020-2010 Said Resolution is incorporated herein by reference. Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida approving the Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program Application for Monroe County on behalf of th(, low to moderate income residents countywide. RESOLUTION NO. 021-2010 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Commissioner Wigington's appointment of Mr. Larry Carcamo to the Key West International Ad-Hoc Committee on Noise. Board granted approval of Commissioner Wigington's reappointment of Richard Casey, Jr. to the Shared Asset Forfeiture Fund Advisory Board. Board adopted the following Resolution to amend and repeal Resolution No. 445a-2009 to include additional language contained in the amended Southeast Florida Regional Climate Change COtIlpact. RESOLUTION NO. 022-2010 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Carruther's appointment of Alex sandra Corsi Leto to the Shared Asset Forfeiture Fund Advisory Board. 8 Board granted approval of Commissioner DiGennaro's reappointment of David Paul Horan to th€~ Shared Asset Fine and Forfeiture (SAFF) Advisory Board. Board adopted the following Resolution of the Board of County Commissioners of Monroe COlmty, Florida recommending the State of Florida continue the level of funding necessary to maintain existing juvenile detention bed capacity and existing level of juvenile services and treatment at the Monroe Regional Juvenile detention facility located in Key West, Monroe County, Florida and recommending the proposed detention bed capacity funding reductions by the Governor for Fiscal Year 2010-2011 for the Monroe Regional Juvenile Detention facility not be pursued. RESOLUTION NO. 023-2010 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular Me1eting of November 18, 2009 (previously distributed). Board granted approval of the following Warrants (105065-105137 & 546557-547628): General Fund (001), in the amount of $3,240,827.60; Fine & Forfeiture Fund (101), in the amount of$9,183,156.24; Road and Bridge Fund (102), in the amount of $43,839.06; TDC District Two Penny (1 , in the amount of $313,243.90; TDC Admin. & Promo 2 Cent (116), in the: amount of$535,532.71; TDC District 1,3 Cent (117), in the amount of $354,963.44; TDC District 2,3 Cent (118), in the amount of$28,135.43; TDC District 3,3 Cent (119), in the amount of$96,197.87; TDC District 4,3 Cent (120), in the amount of $50,862.50; TDC District 5,3 Cent (121), in the amount of$69,305.35; Gov. Fund Type Grants (1 in the amount of$318,047.41; Fire & Amb District 1 L&M Keys (141), in the amount of$394,214.22; Upper Keys Care (144), in the amount of$751.22; Uninc Svc Dist Parks & Rec (147), in the amount of $64,664.52; Plan, Build, Zoning (148), in the amount of $73,272.11; Mu Poli in the amount of $1 ,426,067.96; Local Housing Assistance (153), in the amount 00; B Improvement Fund (157), in the amount of$39,751.63; Misc. cial Revenue Fund (1 in the amount of$180,286.05; Environmental Restoration (160), in the amount of $2,780.69; Law Enforcement Trust (162), in the amowlt of$II,292.62; Court Facilities Fees-602 (163), in the amount of$2,514.05; Drug Abuse Trust (164), in the amount of $7,020.80; Key Largo Wastewater MSTU (170), in the amount of$193,127.71; Building Fund (180), in the amount of $9,387.24; 1 Cent Infra Surtax (304), in the amount of$63,103.99; 2003 Revenue Bonds (307), in the amount of$17,100.00; Infr Sls Srtx Rev BDS2007 in the amount of $745,869.69; Big Coppitt Wastewater PR (310), in the amount of $374,646.35; Card Sound Bridge (401), in the amount of $9,945.31; Marathon Airport (403), in the amount of $235,496.04; Key West IntI. Airport (404), in the amount of$280,364.71; KW AlP Series 2006 Bonds (405), in the amount of $228,894.52; PFC & Oper Restrictions, (406), in the amooot of$347,107.99; MSD Solid Waste (414), in the amount of$1,646,979.83; Worker's sation (501), in the amount of$25,860.01; Group Insurance F~und (502), in the amount of 4,730.85; Risk Management Fund (503), in the 9 amount of $94,255.84; Fleet Mana ment Fund (504), in the amount of$108,535.45; Fire&EMS LOSAP Trust Fund ( , in the amount of$5,775.00. Board granted approval to remove surplus equipment for inventory via disposal or advertise for bid. (Said list is incorporated herein by reference). Board granted approval of Tourist Development Council Expenditures for the month of December, 2009: Advertising, in the amount of $724,821.54; Bricks & MortarlInterlocal Projects, in the amount of $30,474.55; Visitor Information Services, in the amount of $57,331.00; Events, in the amount of$224,148.51; Office lies & Costs, in the amount of$31,490.86; Personal Services, in an amount of$1 7,456.27; Public Relations, in the amount of $99,349.86; Sales & M in the amount of$69,625.56; Telephone & Utilities, in the amount of $27,367.40; Travel, in the amount of $6,167.13. Board granted approval of the correction to the BaCC Special Meeting Minutes held on September 23,2009 on page 216. COUNTY ADMINISTRATOR Board adopted the following Resolution combining the acting provision of 4 previous Resolutions into one Resolution, adding climate change to the duties of the task force, adding the U.S. Navy a,s a nonvoting member, allowing Commissioners the discretion to nominate a member at large; and repealing the former Resolution Nos. 177-2008; 345-2008; 121-2009; and 466-2009. RESOLUTION NO. 024-2010 Said Resolution is incorporated herein by reference. Board granted approval of the reappointments of James Clupper, Deanna Lloyd, Alice Allen and Marjorie Mearns to the Historic Preservation Committee for three year terms. COUNTY ATTORNEY Board ratified the Engagement Letter with Government Services Group, Inc. d/b/a GSG dated January 4, 2010, to provide expert testimony in the matter of Roy's Trailer Park v. Monroe County, CAl( 07-1505. Board granted approval of Jay Shapiro and Zachary Bower and Abby Corbett of Stems, Weaver, Miller, et al; Richard 1. Burke of Richard J. Burke, LLC; James E. Cecchi of Carella, Byrne, Bam:, Gilfillan, Cecchi, Stewart, and Olstein as additional time keepers to work with Tod Aronovitz of Aronovitz Law and Paul M. Weiss and Michael Lotus of Freed & Weiss, LLC on Monroe County v. Priceline. com, et a1, 09-1 0004CV retroactive to January 1, 2009. Board granted approval authorizing staff to file a cross-complaint along with the answer in the matter of Penny May v. Monroe County, Case No. 44-2008-CA-466. 10 Motion carried unanimously. EMERGENCY SERVICES J amles Callahan, Fire Chief discussed a request for BOCC direction to either: 1) Authorize the waiver of the purchasing policy requiring a request for qualifications, approve the early termination of the current service agreement with Advanced Data Processing, Inc. - Intermedix (ADPI) and approval of a new Contract with ADPI for rescue ground and air transport billing and related professional services for three (3) years, effective January 1, 2010 through De(,ember 31, 2012, with the option to renew for two (2) additional one-year periods, to allow for a reduction in the collection rate percentage from 7% to 6.250/0; or, 2) Direct the division to solicit a request for qualifications for rescue air and ground transport billing to be effective June 1,2010. Danny L. KoIhage, Clerk of Court addressed the Board. After discussion, lmotion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to approve Option #1). After consideration, the motion was withdrawn with the second accepting. lV1otion was then made by Commissioner Wigington and seconded by Commissioner Neugent granting approval of Option #2). Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington Yes Mayor Murphy No Motion carried. * * * * * * 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, Mayor Sylvia Murphy, Commissioner Kim Wigington, City of Layton Councilman Clark Snow, and City of Layton Mayor Nornlan Anderson. The Board did not discuss the item for direction to either: 1) Authorize the waiver of the purchasing policy requiring a request for qualifications, approve the early termination of the current service agreement with Advanced Data Processing, Inc. - Intermedix (ADPI) and approval of a new Contract with ADPI for rescue ground and air transport billing and related professional services for three (3) years, effective January 1, 2010 through December 31, 2012, with the option to renew for two (2) additional one-year periods, to allow for a reduction in the collection rate percentage from 7% to 6.25%; or, 2) Direct the division to solicit a request for qualifications for rescue air and ground transport billing to be effective June 1,2010 - based on the previous decision by the Board of County Commissioners' to solicit a request for 11 qualifications for rescue air and ground transport billing to be effective June 1, 2010 to go out for an RFQ. 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 with all Commissioners present. COUNTY ADMINISTRATOR Cole~en Fitzsimmons, Biologist/Public Outreach, Florida Keys Mosquito Control made a presentation and updated the Board on mosquito diseases. MISCELLANEOUS BULK APPROVALS Jerry Barnett, Project Management Director discussed the matter. After discussion motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval to add a fifth continuing Contract for Architectural/Engineering Services for projects in which construction costs do not exceed $2,000,000.00, and granted approval and authorized execution of a Continuing Contract with the fifth ranked firm, Bender & Associates Architects, lor the Architectural/Engineering Services. Motion carried unanimously. The Board discussed a request to apply for a Florida Department of Transportation (FDOT) Sec~tion 5310 Capital Assistance Grant to cover the cost of replacing one MCT para- transit bus. Suzanne Hutton, County Attorney discussed the matter. Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval to advertise a Public Hearing for the resolution of approval to apply for the grant. Motion carried unanimously. Motion was also made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of the agenda item. Motion carried unanimously. The Board discussed approval of an Agreement between the Monroe County Community Transportation Coordinator/Guidance Clinic of the Middle Key and Monroe County Board of County Corrunissioners for Contract period of 01/01/2010 through 12/31/2010. Debbie Frederick, A.ssistant County Administrator responded to Commissioner Carruthers' inquiry concerning transportation needs for seniors on Big Pine Key. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval and authorizing l~xecution of the item. Motion carried unanimously. The Board discussed issuing a Purchase Order to ESI Acquisition, Inc. in the amount of $133,793.33 to purchase WebEOC Crisis Information Management Software - Proposal Q13723, fully grant filnded, no county match, and authorization for the County Administrator to execute any other required documentation. After discussion, motion was made by Commissioner 12 Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. The Board discussed the approval of Bills of Sale Absolute, transferring four (4) facilities (lift stations/sewer mains) to KW Resort Utilities, Inc. After discussion, motion was made by Mayor Murphy and seconded by Commissioner DiGennaro granting approval of the items. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Clerk officially announced a vacancy of one position on the Tourist Development Council District V Advisory Committee for an "At Large" appointment. STAFF REPORTS Peter Horton, Airports Director discussed the following matters: passenger rates at the Key West hlternational Airport for 2009 which increased by 2.4% over 2008; flight statistics for AirTran; financial/revenue information for the first quarter of Fiscal Year 2010 (October 2009 through De(~ember 2009; and responded to an inquiry from Commissioner DiGennaro concerning the need to add a heater to the current AlC system at the Florida Keys Marathon Airport. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney discussed the matter of Monroe County v. Key Largo Ocean Resorts (KLOR) Co-op., Inc. CA P 96-260. The following individuals addressed the Board: Ken Harris, Esq., representing KLOR, Inc.; Tim Koenig, Esq., representing Pedro Salva; and Diane Beruldson. Mr. r requested that the Board hold a closed attorney clie:nt session to discuss this matter and read the required information into the record. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner n to hold a closed attorney session with the Board at the February 17, 2010 BOCC meeting in Key Largo at 1:30 p.m. Motion carried unanimously. WASTEWATER ISSUES Judi1h S. Clarke, Director of Engineering Services referred the Board to the written Engineering Division - Wastewater Projects - December 2009 Status Report - dated January 20, 2010. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of the rescission of Agreement between Monroe County and Outdoor Resorts at Long Key, Inc. (OR) approved December 16, 2009 and reapproved the execution of the same Agreement 'with plans attached as Exhibit "A". Motion carried unanimously. 13 COUNTY ADMINISTRATOR The Board discussed a 1951 Resolution and June 2007 legislation allowing Keys Energy Services to utilize County rights of way and bridges to provide electrical service to No Name Key, and reaffirmation of Resolution, provided that any obstruction, whether permanent or temporary, to said bridges and right , or any physical changes there are coordinated with the Engineering Department in com with County ordinances regarding its roads and bridges and that Keys Energy will maintain lines and whatever structural support lines. The following individuals addressed the Board: Robert DeHaven, Victoria Weaver, representing Last Stand; Hallett Douville, Alicia Putney, representing the Solar Community of No Name Key; Donald Cr representing the No Name Key wner's Association; and Diane Beruldson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to table the item until a determination has been made by the United States Department of the Interior Fish and Wildlift~ Service. Motion carried unanimously. COMMISSIONERS' ITEMS Comlmissioner Carruthers discussed her item concerning tolling of US 1 as an alternative funding source for wastewater mandates. A video presentation was shown. The following individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce; Mike Collins, Diane Beruldson, and Leon Moyer. No official action was taken. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney discussed the latest decision from Judge Audlin in the matter of Sandra L. Carter v. Monroe County, Case No. 44-2007-CA-882 (the downstairs (~nclosure case). The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Neugent and seconded by Mayor Murphy authorizing the County Attorney's Office to file an appeal (Petition for Writ of Certiorari) to the 3rd DCA). :Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington Yes Mayor Murphy Yes Motion carried. Mr. Shillinger also addressed the Board concerning a new lawsuit for Declaratory Judgment in the matter of Christopher Dewey, et al. v. Monroe County and Craig Fugate, as FEMA Dire(~tor, Case No. 44-2010-CA-000021AOOIPK. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner on authorizing staff the discretion and authority to seek removal to Federal Court. Mr. Shillinger indicted there is a filing fee $350. Motion carried unanimously. 14 PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance implementing a Monroe County Lobbyist Registry, utilizing lobbyist registration fees and financial reporting. The Board accepted public input with the following individuals addressing the Board: Jackie Harder, representing The Key Largo Chamber of Commerce and Diane Beruldson. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed the matter. After discussion, :motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to continue the public hearing to the Board's scheduled meeting in Key Largo on February 17, 2010 at 3:00 P.M. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance amending Section 18..27 of the Monroe County Code relating to Burr Beach/Park hours. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 001..2010 Said Ordinance is incorporated herein by reference. STAFF REPORTS Teresa Aguiar, Employee Services Director reported to the Board concerning one of the County Administrator's initiatives for 2010 which is to look at the County's overall health benefits plan. Ms. Aguiar informed the Board that a Health Benefits Volunteer Review and Recommendations Team has been newly formed and that their first meeting is scheduled for January 27, 2009. Christine Hurley, Growth Management Director updated the Board concerning the Evaluation and Appraisal Report Process which is scheduled to begin in the Spring and the Tier System Connnittee which plans to meet in February. GROWTH MANAGEMENT Christine Hurley, Growth Management Director discussed the matter. The following individual addressed the Board: Diane Beruldsen. Motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval to advertise an Ordinance amending the Monroe County Code Section 6-108, defining waivers and exemptions from Building Permit Fees for affordable housing construction or renovation, for affordable, low, or very low income housing as defined by State Statutes or Monroe County Code. Motion carried unanimously. Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was :made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of the waiver of building permit fees in the amount not to exceed $10,000.00 for four units to be renovated and site modification for a Habitat for Humanity of Key West and Lower Keys project located at Stock Island Apartments, owned by Monroe County and under 99 Year Lease to the Habitat. Motion carried unanimously. 15 Christine Hurley, Growth Management Director discussed the matter. 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 aut the continued waiver 0 permit fees for entities applying for Low Income Housing Credit Financing in the 2009 application cycle. Motion carried unanimously. RESOLUTION NO. 025-2010 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item regarding the outside legal counsel opinion requested by the Board on the proposal to utilize the $1.8 million impact fee road funds from the canceled Card Sound/90S curve project to repair and resurface existing roadways trenched during wastewater projects. T . individual addressed the Board: Jackie Harder, representing The Key Largo Chamber of Commerce. Suzanne Hutton, County Attorney discussed the matter. No official action was taken. COUNTY ADMINISTRATOR Rom,an Gastesi, County Administrator referred the Board to the written County Divisions' ~Ionthly Activity Report for December, 2009. Connie Cyr, Administrative Assistant discussed for clarification purposes the Boards and Committees appointments on the Value Adjustment Board as an alternate had not been selected. Motion was made by Commissioner and seconded by Commissioner DiGennaro appointing Commissioner Neugent as the ate. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed a request to schedule an Attorney-Client Closed Session of the Board of County Commissioners and read the required information into the record ill the matter of Donald Barton v. Monroe County, CA K 09-917 and the consolidated matter of Donald on v. Stewart Andrews, CA K 03-1107. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to hold the Closed Session at 2:00 p.m. at the regularly scheduled meeting in Key Largo on February 17,2010. Motion carried unanimously. Suzanne Hutton, County Attorney discussed a request to schedule a Closed Executive Session of the Board of County Commissioners and read the required information into the record in the matter 0 s Trailer Park, Inc. v. Monroe County, CA K 07-1505. Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to hold the Closed Session at 2: 15 p.m. at the regularly scheduled meeting in Key Largo on February 17, 2010. Motion carried unanimously. 16 Suzanne Hutton, County Attorney discussed a request to schedule an Attorney-Client Closed Session of the Board of County Commissioners and read the required information into the record in the matter Key West HMA, LLC d/b/a Lower Keys Medical Center and as DePoo Hospital v. lMomoe County, Board of County Commissioners, Case No. CA K 09-2158. Motion was made by Commissioner 0 and seconded by Commissioner Carruthers to hold the Closed Session at 2:30 p.m. at the regularly scheduled meeting in Key Largo on February 17, 2010. Motion carried unanimously. MISCELLANEOUS Corrunissioner Carruthers announced that her Administrative Aide - Carol Schreck was nominated for an Unsung Heroes Award from The Friends of Higgs Beach Community Group. Con:unissioner Carruthers also announced she will be holding a Town Hall Meeting on Thursday, January 28,2010 at the Harvey Government Center in Key West from 5:30 p.m. - 7 :30 p.m. Commissioner DiGennaro announced the birth of his first grandson - Hershall Mario. 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 Momoe County, Florida