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05/19/2010 Regular 82 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 19, 2010 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray E. Nelson Government & Cultural Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Kim Wigington, Commissioner George Neugent and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members ofthe press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to add to the agenda Item LA for consideration of a Professional services contract in the amount of$4,750 with Meridian Community Services Group, Inc. for the preparation and submittal of the FFY 2009 and FFY 2010 Small Cities Community Block Development Grant (CDBG) application based on the Monroe County Purchasing Policy sole source exemption. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to add to the agenda Item L.5 for consideration to hold and advertise a Fair Housing Information Meeting to enhance Small Cities Community Block Development Grant (CDBG) application points. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to add to the agenda Item 014 for consideration of an Interlocal Agreement between the Monroe County School District, the Monroe County Sheriffs Office and the Monroe County Board of County Commissioners to fund the 2010 Summer Recreation Program. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to add to the agenda Item 015 to discuss the possible emergency conditions in the Florida Keys resulting from Deep Water Horizon Oil Spill, asking the governor to include Monroe County in the declaration of State of Emergency Executive Orders governing responses to the Oil Spill, including potential actions such as contracting with providers for protective measures. Motion carried unanimously. 83 Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation declaring the week of May 22-28,2010 as Safe Boating Week in Monroe County. Presentation of Mayor's Proclamation celebrating Mote Marine Laboratory's 55th anniversary and the week of June 13-19 as Mote Marine Laboratory Week in Monroe County. Presentation by the Students Peace Alliance to dedicate, with a plaque, a portion of all Monroe County Parks as a Community Peace Park. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution in support of the item. Motion carried unanimously. RESOLUTION NO. 124-2010 Said Resolution is incorporated herein by reference. BULK APPROVALS Motion was made by Mayor Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval for the Friends of the Key West International Airport to hold an Airport Open House at Key West International Airport on February 5,2011. Board granted approval for the Mayor to execute Airports Federal Aviation Administration and Florida Department of Transportation Grants as received, to meet deadlines for return to granting agency, and expedite use of grant funds. Grants to be ratified by the County Commission at the next County Commission meeting. Board granted approval of award of bid to Gardens of Eden of the Florida Keys for landscaping services at the Key West International Airport. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement APT62 between Monroe County and the Florida Department of Transportation for additional 100% funding for Security Upgrades at the Key West International Airport. Board granted approval and authorized execution of Amendment #005 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. 84 Board granted approval of receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Said report is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Pedro Falcon Electrical Contractors, Inc. for construction of new exterior stairs at the East Martello Towers. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and Bender & Associates Architects, P.A. for the Design through Contract Administration for the replacement of the perimeter fencing at the West Martello Towers. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and Bender & Associates Architects, P.A. for the repair and stabilization of Brick and Mortar at the East Martello Towers. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and Bender & Associates Architects, P.A. for the repair and stabilization of Brick and Mortar at the West Martello Towers. Board granted approval and authorized execution of a Contract between Monroe County and Bender & Associates Architects for Construction Administration Services for the East Martello Tower Restroom Project. Board granted approval of the Consent to Assignment of the contract for Maintenance and Annual Reporting of the Environmental Wetland Mitigation at the Medical Examiner's Facility from BAT Construction, Inc. to Terramar Environmental Services, Inc. Board granted approval to rescind 1st Amendment to Joint Use Park Interlocal Agreement between Monroe County and Monroe County School Board regarding Sugarloaf School Park. Board granted approval for the Public Works Division to utilize three (3) PACE American equipment trailers for equipment storage and transport needs, and the delineators stored there for general roadway/traffic needs. Board granted approval to transfer title of County vehicle number 2000-823 (serial number 1 FAFP36P 1 YW375728) to the Marathon Wild Bird Center, Inc. Board granted approval to go out for bids for Bio-Diesel Fuel Supplier and approval to extend the current Bio-Diesel Fuel Contract with Blaylock Oil Co. on a month to month basis, for up to three months, pending completion of the bid process and award of a new contract. Board granted approval and authorized execution of 2nd Amendment to Agreement between Monroe County and Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter. 85 Board granted approval and authorized execution of an Agreement between Monroe County and Congresswoman Ileana Ross-Lehtinen for office space at the Murray E. Nelson Government and Cultural Center in Key Largo. Board granted approval to amend the Agreement and exercise the second and final option to renew the Contract between Monroe County and U.S. Water Services Corporation for the operation and maintenance of the sewage treatment plant at the Roth Building. Board adopted the following Resolutions concerning the transfer of funds and the receipt of unanticipated funds: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 125-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 126-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 127-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 128-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 129-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 130-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 131-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 132-2010 Said Resolution is incorporated herein by reference. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Keys Security Inc. for an amount not to exceed $60,000.00 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. 86 Board granted approval and authorized execution of an Agreement between Monroe County and Florida Power & Light Company (FPL) in the amount of $250,000.00, fully grant funded and no county match, concerning Radiological Preparedness for Fiscal Year 2010 and Fiscal Year 2011; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Board granted approval and authorized execution of Modification 1 between Monroe County and the State of Florida, Division of Emergency Management to extend expiration date of the Fiscal Year 2008 State Homeland Security Grant Program Agreement (SHSGP) 09DS-51- -11-54-01-338, fully grant funded and no county match, to December 31,2010, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Board granted approval and authorized execution of Federal Fiscal Year 2009 State Homeland Security Grant Program Agreement No. lODS-39-11-54-01 (SHSGP) between Monroe County the State of Florida, Division of Emergency Management, fully grant funded and no county match, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Board granted approval and authorized execution of Modification 1 to extend expiration date from April 30, 2010 to December 31,2010 in the Agreement between Monroe County and American Coach Lines of Miami Inc. to provide additional emergency transportation services to Monroe County residents, guests, workforce and their appropriately caged or crated pets during the evacuation, re-entry and recovery phase of an emergency as determined by Monroe County Emergency Management, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Board granted approval to award bid and authorized execution of an Agreement between the Board of Governors, Fire and Ambulance District 1 of Monroe County and Advanced Data Processing Inc. (d/b/a ADPI-Intermedix) for ground and air rescue transport billing and related professional services. Board granted approval of Consent to Assignment and Assignment and Assumption Agreement between Synagro South, LLC and US Water Services Corporation and execution of Consent of Monroe County Board of County Commissioners to Assignment and Assumption. Board granted approval and authorized execution of a Lease and Concession Agreement between Monroe County and Avis Rent A Car System, Inc. to operate an automobile rental concession at the Florida Keys Marathon Airport. Board granted approval and authorized execution of a Lease and Concession Agreement between Monroe County and Budget Rent A Car System, Inc. to operate an automobile rental concession at the Florida Keys Marathon Airport. 87 Board granted approval and authorized execution of a Lease and Concession Agreement between Monroe County and Enterprise Rent A Car System, Inc. to operate an automobile rental concession at the Florida Keys Marathon Airport. Board granted approval of award of bid and authorized execution of a Contract for Janitorial Services at the Florida Keys Marathon Airport between Monroe County and Jayne's Cleaning Service, Inc., in the amount of$27,600 annually. Board granted approval and authorized execution ofthe Employee Assistance Program Contract between Monroe County and Horizon Health, an Aetna Company. Board granted approval to solicit proposals for an Employee Benefits Consultant. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Newman PR to extend agreement for two additional years, and adjust yearly compensation. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Cellet Travel Services Ltd. to extend agreement for twenty- four (24) additional months. Board granted approval of an Out of County Advertising Policy for the Monroe County Tourist Development Council Operations Manual. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Eco-Week, Inc. to revise date of the production ofEco-Week 2010. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Upper Keys Business Group, Inc. to revise funding allocation; Schedule of Events and Budget for the Key Largo Sinters & Songwriters Festival in May, 2010. Board granted approval for Monroe County to provide general grounds maintenance services for a Key Largo Welcome sign. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of Amendment No.6 to the Agreement between Monroe County and DRC Emergency Services LLC (DRC) amending the procedures for disposal of traps, amending the trap disposal fee structure, and extending the Agreement for a fourth one (I) year period. Board granted approval to re-appoint Gary Centonze to one (1) additional three (3) year term to the Contractor's Examining Board beginning May 19, 2010. 88 Board granted approval to re-appoint Steve R. Henson to one (1) additional three (3) year term to the Contractor's Examining Board beginning May 19,2010. Board granted approval of Subordination Agreement between Monroe County and Northstar Resort Enterprises, Inc. for the Lakeview Gardens affordable housing project in Key Largo. Board granted approval and authorized execution of Restoration Agreement between Monroe County and the National Audubon Society, Inc. for restoration of a freshwater wetland on Big Pine Key. Board granted approval to withdraw a National Scenic Byways Grant (SB-2008-FL- 54821) from Florida Department of Transportation (FDOT) Work Program (FM 4260601) and for the Mayor to submit a withdrawal letter to the FDOT. Board granted approval and authorized execution of Amendment No.5 ofthe Transportation Planning Contract between Monroe County and URS Corporation Southern to increase the compensation $150,000 from $424,015.34 to $574,015.34. Board granted approval and authorized execution of Fourth Amendment to the Agreement between Monroe County and Greenberg Traurig P.A. for the consulting services of Kenneth Metcalf, extending the contract expiration date, and increasing the amount payable by $25,000.00 to an amount not to exceed $86,000.00. WASTEWATER ISSUES Board granted approval and authorized execution of Amendment No. I to State Revolving Loan Fund Agreement WW602090 between Monroe County and Florida Water Pollution Control Financing Corporation. Board granted approval and authorized execution of FFY 2008 Disaster Recovery Contract IODB-K4-11-54-02-K24 between Monroe County and the State of Florida, Department of Community Affairs. Board granted approval and authorized execution of a Professional Services Contract in the amount of $4,750 with Meridian Community Services Group, Inc. for the preparation and submittal of the FFY 2009 and FFY 2010 Small Cities Community Block Development Grant (CDBG) application based on the Monroe County Purchasing Policy sole source exemption. Board granted approval to hold and advertise a Fair Housing Information Meeting to enhance Small Cities Community Block Development Grant (CDBG) application points. 89 MONROE COUNTY COURT ADMINISTRATION Board granted approval to amend the current Agreement with Court Options, Inc. to provide for two (2) two-year options to renew rather than four (4) one-year options to renew. Court Options is the provider of misdemeanor probation services countywide. Board granted approval to exercise option with Court Options, Inc. for one additional two-year term beginning August 1,2010 and ending July 31,2012. Court Options is the current provider of misdemeanor probation services countywide. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Monroe County Sheriffs Office to apply for reimbursement of funds from the UASI FY 2008 GrantIHomeland Security Office of Domestic Preparedness with the City of Miami. $201,720.00 from the grant will be used to purchase equipment approved by the granting agency. COMMISSIONERS'ITEMS Board granted approval of Mayor Murphy's reappointment of Jacklyn R. Harder to the South Florida Workforce Investment Board for a term oftwo years ending on May 19, 2012. Board granted approval of Mayor Murphy's reappointment of Bill Gordon to the Florida Keys Council for People with Disabilities for a term of three years ending on May 1, 2013. Board granted approval of Mayor Murphy's reappointment of Mimi Stafford to the Marine & Port Advisory Committee for a term of three years ending on May 19,2013. Board granted approval of Mayor Murphy's appointment ofRaiette Avail to the South Florida Behavioral Health Network, Inc. for a term of two years ending on May 19, 2012. Board granted approval of Commissioner Neugent's appointment of Richard Tanner to the Marine & Port Advisory Committee, replacing Doug Gregory, with a term ending May 18, 2013. Board granted approval of Commissioner Wigington's appointment of Robert Padron to the Key West International Ad-Hoc Committee on Noise, replacing Marci Peterson, with a term through the duration of committee. Board granted approval of Commissioner Wigington's reappointment of Robert Mongelli to the Marine & Port Advisory Committee. Board granted approval of Commissioner DiGennaro's reappointment ofMerlynn Boback to the Duck Key Security District Advisory Board with a term ending June 1,2013. 90 COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the March 17,2010 meeting (previously distributed). Board granted approval ofthe following Warrants: (105341 - 105428 and 550471 _ 551374) General Fund (001), in the amount of$3,197,995.89; Fine & Forfeiture Fund (101), in the amount of$3,219,228.45; Road and Bridge Fund (102), in the amount of$109,888.69; TDC District Two Penny (115), in the amount of$482,241.48; TDC Admin. & Promo 2 Cent (116), in the amount of $1 ,300,342.68; TDC District 1,3 Cent (117), in the amount of $1,129,180.68; TDC District 2,3 Cent (118), in the amount of$109,693.77; TDC District 3,3 Cent (119), in the amount of $272,541.96; TDC District 4,3 Cent (120), in the amount of $302,940.57; TDC District 5,3 Cent (121), in the amount of $235,984.28; Gov. Fund Type Grants (125), in the amount of $246,469.28; Fire & Amb District 1 L&M Keys (141), in the amount of$231,430.20; Upper Keys Health Care (144), in the amount of$15,127.29; Uninc Svc Dist Parks & Rec (147), in the amount of$45,783.05; Plan, Build, Zoning (148), in the amount of$60,557.19; Municipal Policing (149), in the amount of$483,065.01; 911 Enhancement Fee (150), in the amount of$43,073.98; Duck Key Security (152), in the amount of $3,996.49; Local Housing Assistance (153), in the amount of$260,026.00; Boating Improvement Fund (157), in the amount of$27,814.86; Misc. Special Revenue Fund (158), in the amount of$44,866.08; Environmental Restoration (160), in the amount of$2,598.90; Drug Abuse Trust (164), in the amount of$3,528.54; Building Fund (180), in the amount of $52,583.67; 1 Cent Infra Surtax (304), in the amount of$766,637.59; 2003 Revenue Bonds (307), in the amount of$7,342.00; Infr Sls Srtx Rev Bds2007 (308), in the amount of $1,785,314.95; Card Sound Bridge (401), in the amount of$8,905.48; Marathon Airport (403), in the amount of -$52,745.46; Key West IntI. Airport (404), in the amount of $509,600.07; KW AlP Series 2006 Bonds (405), in the amount of$408,743.11; PFC & Oper Restrictions (406), in the amount of$129,439.69; MSD Solid Waste (414), in the amount of $641,822.11; Worker's Compensation (501), in the amount of$41,161.01; Group Insurance Fund (502), in the amount of$174,694.35; Risk Management Fund (503), in the amount of $322,869.25; Fleet Management Fund (504), in the amount of$53,621.08; Fire&EMS LOSAP Trust Fund (610), in the amount of$1,635.00. Board granted approval of TDC expenditures for the month of April, 2010: Advertising, in the amount of$3,162,634.13; Bricks & Mortar/lnterlocal Projects, in the amount of $104,772.98; Visitor Information Services, in the amount of $24,602.00; Events, in the amount of$102,939.08; Office Supplies & Oper Costs, in the amount of$67,932.55; Personal Services, in the amount of$70,295.28; Public Relations, in the amount of$161,089.1O; Sales & Marketing, in the amount of$109,591.84; Telephone & Utilities, in the amount of$20,107.55; Travel, in the amount of$8,960.91. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. Board granted approval to exercise the option in Section 3 of the Contract between Monroe County and the firm of Cherry, Bekaert & Holland LLP to conduct the county audit as 91 required by F.S. 218.391, extending the term of engagement for the Fiscal Years ending September 30, 2010 and September 30,2011 with no increase in the contract amount. COUNTY ATTORNEY Board granted approval of Use of new Oath of Office Form for Advisory Board Members. Board granted approval of ratification of the Microsoft Enterprise Enrollment, State and Local Amendment CTX-000-cgodrey-S-026 approved by the Board on April 21, 2010 (CIS) but, following approval found to have been inadvertently'omitted from the revised agenda backup for this item. Board granted approval to advertise a Public Hearing for an Ordinance amending Monroe County Code Section 2-148, definitions of lobbyist and principal. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed a resolution supporting the South Florida and Treasure Coast Regional Planning Council in preparing a joint, regional application to U.S. HUn for funding under the federal Sustainable Communities Initiative for the seven county region of Southeast Florida, including Monroe County. The South Florida Regional Planning Commission has asked each of the seven counties, as well as other potential regional partners, for a resolution of support to formalize its interest in participating in the initiative and to accompany the application. The following individual addressed the Board: Carolyn A. Dekle, representing the South Florida Regional Planning Council. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution supporting the Regional Planning Councils of Southeast Florida in preparing a Comprehensive Joint Application under the Federal Sustainable Communities Initiative and establishing a working partnership with local governments, appropriate water resource, environmental, human services, housing, and transportation agencies, nonprofits, academia, and private sector organizations. Motion carried unanimously. RESOLUTION NO. 133-2010 Said Resolution is incorporated herein by reference. The Board discussed a waiver of purchasing policies and procedures in award of Key West International Airport Security Systems Improvements. Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the waiver of purchasing policies and procedures in award of Key West International Airport Security Systems to Integrated Fire & Security Solutions (IFSS) in the total amount of$230,557.17. Motion carried unanimously. 92 MISCELLANEOUS Commissioner DiGennaro informed the Board he has been appointed by Governor Charlie Crist to the Gulf Oil Spill Economic Task Force. COUNTY ATTORNEY Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval to waive the notice requirements to hold a Public Hearing to consider adoption of an emergency ordinance relating to oil pollution cost recovery. 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, Mayor Sylvia Murphy, Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton Mayor Norman Anderson was absent. J ames Callahan, Monroe County Fire Chief discussed the matter. Motion was made by Mayor Murphy and seconded by Commissioner Carruthers granting approval to award bid and enter into an Agreement between the Board of Governors Fire and Ambulance District 1 of Monroe County and Advanced Data Processing Inc. (dba ADPI-Intermedix) for ground and air rescue transport billing and related professional services. 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 with all Commissioners present. STAFF REPORTS Growth Management - Christine Hurley, Division Director provided the Board with a timeline concerning the Wisteria Island - Future Land Use Map Amendment and Comprehensive Plan Text Amendment: May 25, 2010 at 10 am - Development Review Committee Public Hearing - to be held in the Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL; May 26, 2010 at lOam - Planning Commission Public Hearing - to be held in the Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL; May 27,2010 at 3 PM - City of Key West Development Review Committee; May 27, 2010; - Public Input Meeting in Key West - 7 PM - Harvey Government Center, 1200 Truman Avenue, Key West, 93 FI; June 9, 2010 at lOam - Planning Commission Public Hearing - to be held in the Marathon Government Center Commission Room, 2798 Overseas Highway, Suite 400, Marathon, FL; June 29, 2010 at 10 am - Board of County Commissioners (BOCC) Public Hearing to TRANSMIT the proposed Future Land Use Map Amendment (FLUMA) and the proposed Future Land Use Element Special Area Policy Text Amendment (TA) - to be held at the Marathon Government Center Commission Room, 2798 Overseas Highway, Suite 400, Marathon, FL. Ms. Hurley updated the Board concerning discussions held in Atlanta with FEMA representatives regarding the pilot/inspection program and the Declaration 1316 Letter. Roman Gastesi, County Administrator also discussed the FEMA meeting. PUBLIC WORKS The Board discussed Resolution No. 060-2010 prohibiting the parking, standing or stopping of vehicles along the County right of way on both the north and south side of Sunrise Drive, North Sunrise Drive and Ocean View in Tavernier, from Tarpon Street to the Atlantic Ocean. The following individual addressed the Board: Gilbert Sanchez. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro for signs to be installed which read "No Parking on Pavement" and "No Parking at the End of the Road" on all three (3) streets. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT The Board discussed a resolution establishing the monetary value of a single Rate of Growth Ordinance/Non-Residential Rate of Growth Ordinance (ROGO/NROGO) allocation system competition point for purposes of payment by applicants in the ROGOINROGO system with a maximum of 2 points available per application. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 134-2010 Said Resolution is incorporated herein by reference. The Board discussed a First Amendment to the Agreement with Reid Ewing for Consulting Services in connection with hurricane modeling, increasing original contract by $15,000.00. Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution ofthe item. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item concerning a Resolution supporting the Keep America Beautiful organization in the Florida Keys and encouraging the creation of a 94 Keep the Florida Keys Beautiful affiliate committee. The following individual addressed the Board: Stephen Sunday, representing Keep the Florida Keys Beautiful. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution. Roll call vote was unammous. RESOLUTION NO. 135-2010 Said Resolution is incorporated herein by reference. The Board discussed Commissioner DiGennaro's item concerning direction to Staff to correct an impediment access for disabled persons at the Higgs Beach Dog Park in Key West. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to make the Higgs Beach Dog Park handicap accessible under the guidance of Public Works. Motion carried unanimously. PUBLIC WORKS Aileen Boucle', AICP, representing the State of Florida Department of Transportation, (FDOT) - District 6 gave a slide presentation on HORIZON 2060, an update ofthe Florida Transportation Plan (FTP). MISCELLANEOUS Mayor Murphy informed the Board she will bring to the Board at its' next meeting, an agenda item to evaluate the County Administrator. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator reported that he had met his two (2) year employment anniversary last week and discussed a 360 Evaluation. Mr. Gastesi then referred the Board to the written County Divisions' Monthly Activity Report for April, 2010 - dated May 4, 2010. COMMISSIONERS' ITEMS The Board discussed Mayor Murphy's item concerning an Interlocal Agreement between the Monroe County School District, the Monroe County Sheriffs Office and Monroe County to fund the 2010 Summer Recreation Program in the amount of$lO,OOO. Tina Boan, Budget Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Interlocal Agreement. Roll call vote was unanimous. COUNTY ATTORNEY The Board discussed a Resolution limiting the amount of time Staff can expend on projects initiated by special interest (individual or group) without seeking approval from BOCC 95 to further expend resources ofthe County. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to table the matter and continue to the Board's meeting of June 16,2010 in Marathon. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT The Board discussed the direction of Last Stand's request to have the Tier Designation Review Committee (TDRC) review additional parcels which currently have approved tiers, over and above the tierless properties in Monroe County required to be reviewed. Christine Hurley, Growth Management Director discussed the matter. The following individuals addressed the Board: Ron Miller and Richard Grosso. After discussion, motion was made by Mayor Murphy and seconded by Commissioner DiGennaro directing Staffto bring forward the 171 to 249 parcels that have been submitted by Last Stand on maps to the Tier Designation Review Committee for review. After the TDRC reviews and makes recommendations on the tierless properties, then Staffis to process the 171-249 parcels through the public hearing process including Development Review Committee, Planning Commission, and Board of County Commission public hearings, separate from the tierless properties. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers item concerning a Resolution by the Board of County Commissioners of Monroe County, Florida, reconfirming our commitment to protecting Florida from offshore drilling and exploration; and Commissioner DiGennaro's item supporting a Constitutional Amendment banning oil drilling off the Florida coast and supporting the required voter referendum to be placed on the November 2010 ballot to protect the State of Florida from offshore drilling and exploration. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution, as amended, to include encouraging the Governor to call a Special Session in order to place a Constitutional Amendment on the November 2010 General Election prohibiting oil drilling in state waters. Roll call vote was unanimous. The following individual addressed the Board: Ron Miller. RESOLUTION NO. 136-2010 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers that any Resolution supported by the Board concerning oil drilling whether directed to the Federal or State Government (including the above resolution and the following letter) contain provisions for enhanced oversight, safety and contingency plans for the reclamation of oil spills. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Neugent and seconded by Commissioner Wigington 96 directing the County Administrator to send a letter to President Obama in opposition of the drilling for oil and gas off Florida. Motion carried unanimously. State Representative Ron Saunders addressed the Board. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to ask the Governor to consider including Monroe County in declaration of State of Emergency Executive Orders. Roll call vote was unanimous. COUNTY ATTORNEY A Public Hearing was held to consider adoption of an emergency Ordinance of Monroe County, Florida amending Chapter 12, of the Monroe County Code by creating Article VI. Oil Pollution Cost Recovery (Sec. 12-140 through Sec. 12-143); Providing for immediate enactment as an Emergency Ordinance by a unanimous vote ofthe Board pursuant to F. S. 125.66(3) to waive notice of a Public Hearing; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances, and Providing an effective date. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 014-2010 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item concerning an update from Marilyn E. Stephens, Census Bureau Partnership Specialist for South Florida. Following the update from Ms. Stephens, Sue Heim addressed the Board. PUBLIC HEARINGS A Public Hearing was held to consider a Resolution for a Budget Amendment for Fiscal Year 2010 Bay Point Municipal Service Taxing Unit Fund 168, Big Coppitt Municipal Service Taxing Unit Fund 169, Stock Island Municipal Service Taxing Unit Fund 171, Cudjoe/Sugarloaf Municipal Service Taxing Unit Fund 172, Long Key/Layton Municipal Service Taxing Unit Fund 175 and Duck Key Municipal Service Taxing Unit Fund 176. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 137-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners repealing and rescinding Ordinance No. 038-2006 amending Table 4.1 Five-Year Schedule of Capital Improvements of the Year 2010 Comprehensive Plan; Providing for Severability; Providing for repeal of inconsistent provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for an 97 effective date. 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. 015-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners repealing and rescinding Ordinance No. 029-2008 adopting an Amendment to the Year 2010 Monroe County Comprehensive Plan and amending Section 4.0 Capital Improvements Implementation; Providing for Severability; Providing for repeal of inconsistent provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for an effective date. 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. 016-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for Kerry M. & Michelle C. Marsh on Unit 20, Blue Harbor Club Inc. a condominium & an undivided interest in common elements, Blue Waters Tr. Village Sec. 4, Key Largo, Real Estate Number 00489136.018721 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 138-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for Robert C. Stokyon Lot 13, Block 11, Largo Sound Village, Key Largo, Real Estate Number 00476230.000100 in the form of one (1) Dwelling Unit Allocation Award. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 139-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for Gordon K. & Marie Johnson on Lot 23, Block 3, Buccaneer Point, Key Largo, Real Estate Number 00496131.005600 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 140-2010 Said Resolution is incorporated herein by reference. 98 A Public Hearing was held to consider a request for Administrative Relief for Rolando R H & Nilda R. Santos Trustees (Rolando R H & Nilda R Santos Irrevo TR AG 10/7/7/98) on Lot 11, Block 2, Ocean Isle Estates, Key Largo, Real Estate Number 00538410.000000 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 141-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for R. Venture Corporation on Lot 9, Block 8, Winston Waterways No.2 Amd, Key Largo, Number 00547211.002700 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 142-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for lema Investments Inc. on Lot 172, Port Largo, Key Largo, Real Estate Number 00453030.0000000 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 143-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for Charles S. Hixon on Lot 2, Block 1, South Creek Village, Key Largo, Real Estate Number 00466420.000000 in the form of one (1) Dwelling Unit Allocation. The Board accepted public input with the following individual addressing the Board: Ron Miller. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 144-2010 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider a request for Administrative Relief for Robert Desantis on Lot 6, Block 3, Sunset Waterways, Key Largo, Real Estate Number 00530020.000000 in the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 145-2010 Said Resolution is incorporated herein by reference. 99 A Public Hearing was held to consider an Ordinance amending Section 19-1 of the Momoe County Code concerning road abandonments; Providing for severability; Providing for repeal of conflicting provisions; Providing for an effective date. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. ORDINANCE NO. 017-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance of the Momoe County Board of County Commissioners amending Chapter 142 Signs in the Momoe County Code by specifically amending Section 142-4(3) (d) regarding the "sunset" date for A-frame signs. 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. 018-2010 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Momoe County Code to require businesses to obtain a commercial collection service agreement unless exempted under the home occupation special use permit and provide proof of a current commercial collection service agreement or a home occupation special use permit upon issue or renewal of the business tax. There was no public input. Dent Pierce, Public Works Director and Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried Ordinance. Motion carried unanimously. ORDINANCE NO. 019-2010 Said Ordinance is incorporated herein by reference. A required Public Hearing was conducted prior to submittal of an application to the Department of Community Affairs Small Cities Community Development Block Grant (CDBG) Program. Liz Wood, Sr. Administrator Wastewater Projects discussed the matter. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent authorizing Staff to apply for under the category of housing rehabilitation grant for the activity of sewer hook ups. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution closing the extension of Kay Drive, north at the intersection of Kay Drive and Avenue D, from sunset to sunrise, in Key Largo. There was no public input. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution as amended from stmSet 11 :00 P.M. to sunrise. Motion carried unanimously. RESOLUTION NO. 146-2010 Said Resolution is incorporated herein by reference. 100 WASTEWATER ISSUES Liz Wood - Sf. Administrator Wastewater Projects discussed the Engineering Division- Wastewater Projects - April 2010 Status Report, dated May 19,2010. Ms. Wood also discussed a recommendation that the Cudjoe Regional Assessment program be suspended pending a further funding plan review and analysis. In addition, prepare to levy assessments for the 2011 tax bill as opposed to the 2010 tax bill. COUNTY ATTORNEY Suzanne Hutton, County Attorney read the required information into the record and requested that the Board schedule an Attorney-Client Closed Session to discuss the matter of Monroe County v. Priceline.com, et aI, case number 09-10004CV. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro that a Closed Attorney Session be held with the Board at the meeting of June 16,2010 at the Marathon Government Center at 1 :30 P.M. Motion carried unanimously. Suzanne Hutton, County Attorney discussed the appointment of one commissioner to serve on the 2010 Canvassing Board. No official action was taken. Ms. Hutton indicated she will notify the Chief Judge to make an appointment because no commissioner can serve. MISCELLANEOUS Mayor Murphy announced that NOAA has confirmed that a small portion of an oil slick has reached the loop current. 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 !ho1Jc, ~W Isabel C. DeSantis, Deputy Clerk