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10/20/2010 Regular194 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 20, 2010 Key West, Florida The 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 Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George Neugent, Commissioner Kim Wigington, 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 Clerrk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS BI Presentation of Mayor's Proclamation declaring November 20, 2010 as National Adoption Day in Monroe County. B2 Presentation of Mayor's Proclamation declaring October, 2010 as United Way Month in the Florida ]Keys. BULK APPROVALS Motion was made by Mayor Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: C 1 Board granted approval for the Key Largo, Marathon, and Key West Branch Libraries to close at 6:00 p.m. on Wednesday, November 24, 2010. C2 Board granted approval of the Annual Update to Exhibit A that specifies FY 2011 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 OF effective October 1, 2006. 195 C3 Board granted approval to reject the low bid and negotiate a contract with Pedro Falcon, the second lowest bidder for the renovation of Marathon County Courthouse. Pedro Falcon's bid of was $835,775.00, the low bid was $723,800.00. C4 Board rescinded the approval on September 15, 2010; and re- approved and authorized execution of a Second Renewal to the Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the 1 % allocation for art funding, for the reimbursement of administrative expenses. The agenda item for the September 15, 2010 meeting inadvertently omitted the actual Contract document and the Administrative Agreement as backup. C5 Board granted approval to reject all bids for both of the Historic East and West Martello Towers Brick and Mortar Restoration projects (two bids for the East Martello Towers and three bids for the West Martello Towers) and to re -bid both projects. C6 Board granted approval of receipt of monthly report on Change Orders reviewed by the County Administrator's Office. C7 Board adopted the following Resolution authorizing the Mayor and/or County Administrator to execute the Small Cities Community Development Block Grant (CDBG) application, award agreement, program documents, and close -out documentation. RESOLUTION NO. 301-2010 Said Resolution is incorporated herein by reference. C8 Board granted approval and authorized execution of Amendment 1 to the Contract with MACTEC Engineering and Consulting, Inc. for Construction Engineering and Inspection (CEI) services on the Geiger Creek Bridge Repair Design Build Project to extend contract term to February 16, 2011 and increase not to exceed limit by $39,000 to $123,974. C9 Board granted approval to ratify the Contract with MBI/K2M for surveying and drafting work to support Department of Environmental Protection (DEP) permit application for Boca Chica Road Restoration. The contract was awarded through MBMM's Continuing Services Contract. CIO Board granted approval and authorized execution of Amendment 001 to Contract ARRA- 929 between the Alliance for Aging, Inc. and Monroe County Social Services, which decreases the reimbursement amount for congregate meals by $8,381. C11 Board granted approval and authorized execution of Contract US -1151 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners for congregate and home delivered meals — MC Nutrition Program. C12 Board granted approval and authorized execution of Amendment 001 to the Older Americans Act (OAA) Contract AA -1029 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 1 /l /10 to 12/31/10. 196 C13 Board accepted the Monroe County Length of Service Award Program (LOSAP) actuarial valuation report for the Plan Year 2010; transfer of funds for Plan Year 2010 and 1987 into the LOSAP Trust Fund; and adoption of a Resolution authorizing each eligible participant in LOSAP to be credited with additional year of service. RESOLUTION NO. 302-2010 Said Resolution is incorporated herein by reference. C14 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Base Grant (Conixact # 11- BG- 05- 11- 54 -01) in the amount of $79,335.00 (less $2,312 for satellite service for 9 months), grant funded; and authorization for the County Administrator to execute any other required documentation in relation to the application process. C15 Board adopted the following Resolutions for the Transfer of Funds, Receipt of Unanticipated Revenue, and Amending: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 303-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 304-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 305-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 305a-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 306-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 307-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 308 -2010 Said Resolution is incorporated herein by reference. 197 Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 309-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 310-2010 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 311-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 312-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 313-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 314-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 315-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 316-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 317-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 318-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 319-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 320-2010 198 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 321-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 21). RESOLUTION NO. 322-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 22). RESOLUTION NO. 323-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 324-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 325-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 326-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 327-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 27). RESOLUTION NO. 328-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 329-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 330-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 331-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 318 -2009 (OMB Schedule Item No. 31). 199 RESOLUTION NO. 332-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 333-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 334-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 335-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 336-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 337-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 338-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 339-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39) RESOLUTION NO. 340-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 341-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 342-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 343-2010 Said Resolution is incorporated herein by reference. 200 Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 344-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 345-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 346-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 347-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 47). RESOLUTION NO. 348-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 349-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 350-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 50). RESOLUTION NO. 351-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 352-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 353-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 354 -2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 54). 201 RESOLUTION NO. 355-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 55). RESOLUTION NO. 356-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 357-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 358-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 58). RESOLUTION NO. 359-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 360-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 60). RESOLUTION NO. 361-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 61). RESOLUTION NO. 362-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 62). RESOLUTION NO. 362a-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 63). RESOLUTION NO. 363-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 64). RESOLUTION NO. 364-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 65). RESOLUTION NO. 365-2010 Said Resolution is incorporated herein by reference. 202 Receipt of Unanticipated (OMB Schedule Item No. 66). RESOLUTION NO. 366-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 67). RESOLUTION NO. 367-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 68). RESOLUTION NO. 368-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 69). RESOLUTION NO. 369-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 70). RESOLUTION NO. 370-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 71). RESOLUTION NO. 371-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 72). RESOLUTION NO. 372-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 73). RESOLUTION NO. 373-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 74). RESOLUTION NO. 374-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 75). RESOLUTION NO. 375-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 76). RESOLUTION NO. 376 -2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 77). 203 RESOLUTION NO. 377-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 78). RESOLUTION NO. 378-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 79). RESOLUTION NO. 379-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 80). RESOLUTION NO. 380-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 81). RESOLUTION NO. 381-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 82). RESOLUTION NO. 382-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 83). RESOLUTION NO. 383-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 84). RESOLUTION NO. 384-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 85). RESOLUTION NO. 385-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 86). RESOLUTION NO. 386-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 87). RESOLUTION NO. 387-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 88). RESOLUTION NO. 388-2010 Said Resolution is incorporated herein by reference. 204 Receipt of Unanticipated Funds (OMB Schedule Item No. 89). RESOLUTION NO. 389-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 90). RESOLUTION NO. 390-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 91). RESOLUTION NO. 391-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 92). RESOLUTION NO. 392-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 93). RESOLUTION NO. 393-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 94). RESOLUTION NO. 394-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. (95). RESOLUTION NO. 395-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 96). RESOLUTION NO. 396-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 97). RESOLUTION NO. 397-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. (98). RESOLUTION NO. 398-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 99). RESOLUTION NO. 399 -2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 100). 205 RESOLUTION NO. 400-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 101). RESOLUTION NO. 401-2010 Said Resolution is incorporated herein by reference. C16 Board granted approval of Contracts with Nonprofit Service Organizations funded by the County Commission for Fiscal Year 2011. 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: AIDS Help, Inc., in the amount of $20,000; American Red Cross of Greater Miami and the Keys, in the amount of $5,000; Boys and Girls Club, Inc., in the amount of $36,554 of which $1,554 comes from the Clerk's Drug Abuse Trust Fund; Domestic Abuse Shelter, in the amount of $20,000; Easter Seals Florida, Inc., in the amount of $11,200; Florida Keys Area Health Education Center, Inc., in the amount of $35,000; Florida Keys Children's Shelter, Inc.., in the amount of $146,000; Florida Keys Healthy Start Coalition, Inc., in the amount of $5,000; Florida Keys Outreach Coalition, Inc., in the amount of $30,000; Good Health Clinic, Inc., in the amount of $40,000; Grace Jones Day Care Center, in the amount of $30,000; Guidance Clinic /Care Center, in the amount of $1,082,770 of which $22,250 comes from the Clerk's Drug Abuse Trust Fund; Helpline, Inc., in the amount of $4,000; Hospice of the Florida Keys, Inc., in the amount of $145,000; Independence Cay, in the amount of $15,000; Keys Area Interdenomiinational Resources, in the amount of $15,000; Literacy Volunteers of America - Monroe County, Inc., in the amount of $4,000; Monroe Association for Retarded Citizens (MARC), in the amount of $145,000; Monroe County Education Foundation, Inc., - Keys Center, in the amount of $57,000; Rural Health Network of Monroe County, Florida, Inc., in the amount of $333,600; Samuel's House, Inc., in the amount of $75,000; Star of the Sea Foundation, in the amount of $30,000; United States Fellowship of Florida, Inc., d/b /a Heron and Peacock Programs, in the amount of $45,000; Wesley House Family Services, Inc., in the amount of $126,000; Womankind, Inc., in the amount of $70,000. C17 Board granted approval of contracts with Nonprofit Service Organizations funded by the County Commission for fiscal year 2011. 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: 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; MCEF, Kids Come First, in the amount of $25,000; Upper Keys YMCA, in the amount of $11,400; Historic Florida Keys Foundation, in the amount of $28,500; Upper Keys Community Pool, in the amount $180,000; A,ARP -BP, in the amount of $4,500; AARP -LK, in the amount of $4,500; AARP -MK, in the amount of $4,500; AARP -UK, in the amount of $4,500; Older American Vol. Program, in the amount of $500. C18 Board granted approval and authorized execution of a Grant Agreement from the Florida Energy and Climate Commission (Grant# ARS010). This includes small changes to previously approved grant which are required by the State of Florida. 206 C19 Board granted approval and authorized of 2nd amendment to Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) to provide animal control services an additional ten miles, up to Mile Marker 70, including the City of Layton, on a temporary basis effective September 1, 2010. C20 Board granted approval to award bid and authorized execution of a Contract with Certified Roofing Specialists, Inc. for Roofing Improvements at the Plantation Key Detention Center. C21 Board granted approval to pay invoices from previous Public Works uniform Contract, ARAMARK Uniform Services, received after contract termination during transition period with new contractor, G & K Services. C22 Board granted approval to exercise the third renewal option of the Contract with Siemens Building Technologies, Inc. for testing, certification and maintenance of the Monroe County Detention C'enter's fire alarm system, building automation system and smoke control systems; the Sheriff s Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. C23 Boaard granted approval to award bid and authorized execution of a Contract with Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key, Monroe County. C24 Board granted approval to terminate the month -to -month agreement with Weathertrol Maintenance Corporation and approved the award of bid and authorized execution of an Agreement with the lowest responsive bidder - Weathertrol Maintenance Corporation for Lower Keys facilities central air conditioning maintenance and repair. C25 Board granted approval and authorized execution of a Lease Extension Agreement with 1000 Atlantic Boulevard, LLC for the Higgs Beach Restaurant (Salute) Concession. C26 Board granted approval of updated Exhibit II for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements to reflect Fiscal Year 2011 residential and commercial collection rates paid to the Franchisees by the County. C27 Board granted approval of updated Exhibit V for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements concerning fees for "Special Services" paid to the Franchisees by their customers. C29 Board granted approval to award bid to USA Parking System, Inc. for Parking Lot Management at the Key West International Airport, and approval to continue current parking lot management services with Republic Parking on a month -to -month basis, pending completion and approval of a contract with USA Parking System, Inc. 207 C30 Board granted approval of the FY 2011 Airline Rates and Charges for the Key West International Airport, effective October 1, 2010. C31 Board granted approval of Purchase Service Order #09/10/38 with URS for DBE Implementation Services at the Key West International and the Florida Keys Marathon Airports TOURIST DEVELOPMENT COUNCIL DI Board granted approval and authorized execution of an Agreement with Key West Players, Inc. covering the Roof Replacement with Insulation/Soundproofing project in an amount not to exceed $26,800, DAC 1, FY 2011 Capital Resources. D2 Board granted approval and authorized execution of an Agreement with Florida Keys Land & Sea Trust, Inc. covering the Restoration of Adderley House — Historical Attraction at Crane Point: project in an amount not to exceed $32,500, DAC III, FY 2011 Capital Resources. D3 Board granted approval of the following Fishing Umbrella Event Agreements for FY 2011 totaling $265,425: Funding Agreement with Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December, 2010 in an amount not to exceed $4,300, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in December, 2010 in an amount not to exceed $8,000, FY 2011, Two ]Penny Fishing Umbrella Funding. Funding Agreement with Tammie Gurgiolo covering the Islamorada Junior Sailfish in December, 2010 in an amount not to exceed $3,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between December, 2010 and November 2011 in an amount not to exceed $35,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Tammie Gurgiolo covering the Key Largo Sailfish Challenge in January, 2011 in an amount not to exceed $6,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackerel Tournament in January, 2011 in an amount not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Executive Adventures, LLC covering the Sailfish Open in February, 2011 in an amount not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella Funding. 208 Funding Agreement with Tammy Gurgiolo covering the Islamorada Women's Sailfish in February 2011, in an amount not to exceed $2,200, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Tournament Consultants covering the Backcountry Fly Championship in February 2011, in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Captain Terry Fisher, LLC covering the Capt. Leon Shell Memorial Sailfish Tournament in March, 2011 in an amount not to exceed $10,000, FY 2010, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlotte Ambrogio covering the Islamorada All- Tackle Spring Bonefish Tournament in April, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Executive Adventures LLC covering the World Sailfish Championship in April, 2011 in an amount not to exceed $45,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Marathon Offshore Bull & Cow Dolphin covering the Marathon Offshore Bull & Cow Dolphin Tournament, Inc. in April -May 2011, in an amount not to exceed $3,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Coral Shores Athletic Booster Club, Inc. covering the Nick Sheahan Dolphin Rodeo in April -May, 2011 in an amount not to exceed $4,425, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament: in May, 2011 in an amount not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Florida Keys Triple Slam Fishing Tournament covering the Florida Keys Triple Slam Fishing Tournament in May, 2011 in an amount not to exceed $5,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with David Breznicky covering the Tarponian Tournament in May, 2011 in an amount not to exceed $3,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Golden Fly Invitational Tarpon Tournament, Inc. covering the Outback Golden Fly Tarpon Tournament in May, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Marathon Bait and Tackle, Inc. covering the Ladies Tarpon Tournament in May, 2011 in an amount not to exceed $2,000, FY 2011, Two Penny Fishing Umbrella Funding. /1• Funding Agreement with Marathon Bait and Tackle, Inc. covering the Marathon International Tarpon Tournament in May, 2011 in an amount not to exceed $3,000, FY 2011, 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 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Gold Cup Tarpon Tournament, Inc. covering the Gold Cup Tarpon Tournament in June, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Key West Gators, Inc. covering the Key West Gator Club Dolphin Derby in June, 2011 in an amount not to exceed $5,000, FY 2011, 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, 2011 in an amount not to exceed $9,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Dolphin Tournament in June, 2011 in an amount not to exceed $5,000, FY 2011, Two Penny :Fishing Umbrella Funding. Funding Agreement with Interselect Inc. dba Burdines Waterfront covering the 11th Annual Dolphin & Blackfin Tuna Fun Fishing Tournament in June, 2011 in an amount not to exceed $2,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Professional Firefighters of MC IAFF Local 3909 covering the Dolphin Flashover in July, 2011 in an amount not to exceed $2,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Tournament Consultants, Inc. covering the Del Brown Permit Tournament in July, 2011 in an amount not to exceed $1,500, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July, 2011 in an amount not to exceed $30,000, FY 2011, Two Penny Fishing Umbrella Funding. 210 Funding Agreement with Herman Lucerne Memorial Foundation covering the Herman Lucerne Memorial Tournament in September 2011 in an amount not to exceed $3,500, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with The Saltwater Angler, Inc. covering the Saltwater Angler's Grand Slams in September 2011 in an amount not to exceed $5,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlotte Ambriogio covering the Islamorada Fall Fly Bonefish Tournament in September 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with The Redbone, Inc. covering the Robert James SLAM Celebrity Tournament in September 2011 in an amount not to exceed $6,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with Charlotte Ambriogio covering the Islamorada All Tackle Bonefish World Championship Tournament in October 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with The Redbone, Inc. covering the Baybone Celebrity Tournament in October 2011 in an amount not to exceed $9,000, FY 2011, Two Penny Fishing Umbrella Funding. Funding Agreement with The Redbone, Inc. covering the Redbone Celebrity Tournament in November 2011 in an amount not to exceed $6,500, FY 2011, Two Penny Fishing Umbrella Funding. D5 Board granted approval and authorized execution of an Agreement with the Florida Keys History of Diving Museum, Inc. for the Diving History Research Library and Meeting Room project in an amount not to exceed $74,181 DAC IV, FY 2011 Capital Resources. D8 Board granted approval and authorized execution of an Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project to extend termination of Agreement to November 30, 2010. D9 Board granted approval and authorized execution of an Agreement with Marine Mammal Conservancy, Inc. covering the Marine Mammal Conservancy Phase II Property Improvements project in an amount not to exceed $28,180, DAC V, FY 2011 Capital Resources. D10 Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Nautical Flea Market in an amount not to exceed $8,000, DAC II, FY 2011 Event Resources. D11 Board granted approval and authorized execution of an Agreement with Upper Keys Rotary Foundation, Inc. covering the Gigantic Nautical Flea Market in February, 2011 in an amount not to exceed $7,500, DAC IV, FY 2011 Event Resources. 211 D12 Board granted approval and authorized execution of an Agreement with Domestic Abuse Shelter, Inc. covering the No Name Race in an amount not to exceed $3,000, DAC II Event Resources. D13 Board granted approval and authorized execution of an Agreement with Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab & Seafood Festival in an amount not to exceed $30,000, DAC V, FY 2011 Event Resources. DIVISION OF GROWTH MANAGEMENT J1 Board granted approval and authorized execution of a Second Amendment to the Agreement for professional services with Keith and Schnars, P.A., amending Master Schedule Attachment `B" that specifies the work program timeline and deliverable schedule to provide for specific payment procedures for on -going monthly tasks including website update and monthly reports. J2 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. J3 Board granted approval to advertise a Request for Qualifications to develop a Wayfinding Signage Program along the Florida Keys All American Road (Florida Keys Scenic Highway). J4 Board granted approval to advertise a Request for Proposals for Interpretive Planning and Design Contracting Finns to Design, Fabricate and Install Interpretive Panels for the Florida Keys Scenic; Highway, including 3 points for local preference out of 100 available points in the evaluation criteria. J5 Board granted approval and authorized execution of an Agreement for Termination of Lot Aggregation Restrictive Covenant between Martha Hernandez and Monroe County dated January 25, 2007. J6 Board granted approval and authorized execution of an Interlocal Agreement (ILA) between Monroe County and the City of Key Colony Beach (City) reimbursing the City in the amount of $5,476.00 from Boating Improvement Funds for costs previously incurred for regulatory buoy repairs and purchase of regulatory buoys during the past fiscal year. SHERIFF'S DEPARTMENT L1 Board granted approval and authorized execution of the First Amendment to the contract for local police services between the Monroe County Sheriff's Office and Islamorada, Village of Islands that was approved at the September 23, 2010, regular Village Council meeting. L2 Board granted approval and authorized execution of the renewal of the 2010 Contract with Monroe County Sheriff's Office to provide law enforcement and security services to Key West International Airport. 212 HEALTH DEPARTMENT M1 Board granted approval and authorized execution of Lease Amendment #3 between MW & JC LLC and the Monroe County Board of County Commissioners for space at 3134 Northside Drive, to reduce monthly rent from $6,500 to $5,500 commencing October 1, 2010 through February 27, 2011. COMMISSIONERS' ITEMS N1 Board granted approval Commissioner Neugent's item concerning the reappointment of David Paul Horan to the Human Services Advisory Board, with a term expiring 11/1/12. N2 Board granted approval of Commissioner Neugent's reappointment of Susann D'Antonio to the Art in Public Places Committee, with a term expiring 11/01/12. COUNTY CLERK 02 Board granted official approval of the Board of County Commissioners minutes from the Regular Meetings of July 21, 2010 and August 18, 2010 and Special Meeting of July 22, 2010 (previously distributed). 03 Board granted approval of the following Warrants: (105782 - 105866 and 555056 - 556150) General Fund (001), in the amount of $1,670,052.68; Fine & Forfeiture Fund (101), in the amount of $125,558.60; Road and Bridge Fund (102), in the amount of $75,452.70; TDC District Two Penny (115), in the amount of $215,865.69; TDC Admin. & Promo 2 Cent (116), in the amount of $453,735.57; TDC District 1,3 Cent (117), in the amount of $217,640.38; District 2,3 Cent (118), in the amount of $12,098.02; TDC District 3,3 Cent (119), in the amount of $126,043.03; TDC District 4,3 Cent (120), in the amount of $21,660.99; TDC District 5,3 Cent (121), in the amount of $41,709.69; Gov. Fund Type Grants (125), in the amount of $412,240.46; Impact Fees Libraries (132), in the amount of $124,303.37; Fire & Amb District 1 L &M Keys (141), in the amount of $90,978.79; Upper Keys Health Care (144), in the amount of $1,751.66; Unine Svc Dist Parks & Rec (147), in the amount of $52,989.30; Plan, Build, Zoning (148), in the amount of $102,997.88; Municipal Policing (149), in the amount of $2,337.76; 911 Enhancement Fee (150), in the amount of $132,596.08; Duck Key Security (152), in the amount of $3,968.00; Boating Improvement Fund (157), in the amount of $69,369.79; Misc. Special Revenue Fund (158), in the amount of $86,647.87; Environmental Restoration (160), in the amount of $7283.39; Law Enforcement Trust (162), in the amount of $8,000.00; Marathon Municipal Service, (166), in the amount of $33,660.00; Big Coppitt Wstewtr MSTU (169), in the amount of $4,288.75; Stock Island Wastewater (171), in the amount of $587.50; Duck Key MSTU, (176) in the amount of $998.75; Building Fund (180),, in the amount of $9,499.67; 2003 Revenue Bonds (207), in the amount of $4,000.00; 1 Cent Infra Surtax (304) in the amount of $27,710.96; Infr Sts Srtx Rev Bds2007, (308), in the amount of $620,006.51; Big Coppitt Wastewater PR (310), in the amount of 213 $172,018.51; Duck Key Wastewater (311), in the amount of $306,416.72; Card Sound Bridge (401), in the amount of $6,752.37; Marathon Airport (403), in the amount of $84,248.90; Key West Intl. Airport (404), in the amount of $346,314.32; KW AIP Series 2006 Bonds (405), in the amount of $45,344.40; PFC & Oper Restrictions (406), in the amount of $1,017,544.11; MSD Solid Waste (414), in the amount of $1,677,377.25; Worker's Compensation (501), in the amount of $27,511.14; Group Insurance Fund (502), in the amount of $370,431.71; Risk Management Fund (503), in the amount of $377,632.37; Fleet Management Fund (504), in the amount of $64,222.29; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00. 04 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bids. Said list is incorporated herein by reference. 05 Board granted approval of TDC expenditures for the month of September, 2010: Advertising, in the amount of $327,794.32; Bricks & Mortar /Interlocal Projects, in the amount of $214,075.70; Visitor Information Services, in the amount of $112,107.00; Events, in the amount of $112,883.76; Office Supplies & Oper Costs, in the amount of $44,380.74; Personal Services, in the amount of $102,772.51; Public Relations, in the amount of $79,548.83; Sales & Marketing, in the amount of $100,496.08; Telephone & Utilities, in the amount of $10,951.43; Travel, in the amount of $9,733.00. 06 Board granted approval to dispose of documents pursuant to the State of Florida General Records Schedule GS 1 -SL. 07 Board granted approval to dispose of documents pursuant to the State of Florida General Records Schedule GSl -SL. COUNTY ADMINISTRATOR P2 Board adopted the following Resolution amending Section 1.04 (a) of the Board of County Commissioners Administrative procedures to provide flexibility in scheduling the regular November 130CC meeting in an election year to be consistent with the commencement of a newly elected Commissioner's term pursuant to F.S. 100.041(2)(a) and Article II, Section 5(b) of the Florida Constitution. RESOLUTION NO. 402-2010 Said Resolution is incorporated herein by reference. P3 Board confirmed the County Administrator's appointment of George R. Brentnall as the Veterans Affair Director. COUNTY ATTORNEY Q3 Board ratified and authorized execution of a Collective Bargaining Agreement with Teamsters Local 769, effective /retroactive to October 1, 2010. Q4 Board granted approval of a notice from the State of Florida Department of Administrative Hearings (DOAH) from $142 per hour to $144 per hour effective /retroactive to 214 October 1, 2010, as provided and stated in the Administrative Judges Services contract and pursuant to F.S. 120.65(11). Q5 Board granted approval to advertise a Public Hearing for an Ordinance creating Monroe County Code Chapter 2, Article III, Division 7 providing for quasi-judicial proceedings and ex- parte communications and, as allowed pursuant to F.S. 286.0115, officially adopting by resolution or ordinance the statutory requirements set forth in paragraphs 1 through 4 of subsection (c) of Sec. 286.0115, Florida Statutes. Q8 Board adopted the following Resolution authorizing and consenting to the dual representation by the County Attorney's Office of both Monroe County Sheriff Robert Peryam and the Monroe County Commission in the matter of Edward Kite McIntyre, et al. v. Robert Peryam, et al., Case No. 80- 1721- CV /WMH, before the U. S. District Court of the Southern District of Florida. RESOLUTION NO. 403-2010 Said Resolution is incorporated herein by reference. Q9 Board adopted the following Resolution authorizing and consenting to the dual representation of Monroe County and the County Administrator Roman Gastesi, Jr. by the County Attorney's Office in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up for Animals, Inc., Case No.: CA K 10 -1050. RESOLUTION NO. 404-2010 Said Resolution is incorporated herein by reference. Q10 Board adopted the following Resolution authorizing and consenting to the dual representation of the County, Planning Director Townsely Schwab, and Code Enforcement Director Ronda Norman by the County Attorney's Office and the law firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. in the matter of Echols v. Monroe County, Townsley Schwab, Ronda Norman, and Ervin Higgs, Case No.: 10 -cv- 10085 -JEM. RESOLUTION NO. 405-2010 Said Resolution is incorporated herein by reference. 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. Absent was City of Layton Mayor Norman Anderson. 215 G2 Motion was made by Mayor Murphy 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. 406-2010 Said Resolution is incorporated herein by reference. G3 Motion was made by Mayor Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of a Renewal Agreement by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio - Control, Inc., for the preventative inspection and maintenance of biomedical equipment which is used for the cardiac monitoring of patients. Motion carried unanimously. Mayor Murphy publicly thanked the Key Largo Volunteer Ambulance Corp. for their donation of three (3) Automatic External Difibrilators (AED) to the Murray Nelson Government Center. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. MISCELLANEOUS BULK APPROVALS C24 The Board discussed the termination of the month -to -month contract with Weathertrol Maintenance; Corporation and awarding of bid and executing Contract with the lowest responsive bidder - Weathertrol Maintenance Corporation for Lower Keys facilities central air conditioning maintenance and repair. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. 217 Funding Agreement with The Key West Harry S. Truman Foundation, Inc. covering the Little White House Presidential Exhibits & Public Programs between October, 2010 - September, 2011 in an amount not to exceed $20,433, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Red Barn Actors Studio, Inc. covering the Red Barn Theatre 2010/2011 Season between October, 2010 - September, 2011, in an amount not to exceed $23,867, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with The Mel Fisher Heritage Society, Inc. covering the Keys Maritime Exploration Experience, between October 2010 - September 2011, in an amount not to exceed $18,103, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Council of the Arts, Inc. covering the Impromptu Concerts 2010/2011, between October, 2010 - September, 2011, in an amount not to exceed $12,539 FY 2011, Two Penny Cultural Umbrella Funding. 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 2011, Two Penny Cultural Umbrella Funding. The Florida Keys History of Diving Museum, Inc. covering Immerse Yourself, between October 2010 - September 2011 in an amount not to exceed $17,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Art & Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events Series between October, 2010 - September, 2011 in an amount not to exceed $25,000, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with St. Paul's Episcopal Church of KW Florida covering the Performance at St. Paul's between October 2010 - September 2011 in an amount not to exceed $11,406, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Pirate Tours of Key West covering the Pirates in Paradise Festival between November, 2010 and December, 2010, in an amount not to exceed $6,227, FY 2011, Two ]Penny Cultural Umbrella Funding. Funding Agreement with Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Art Festivals between November, 2010 - April, 2011, in an amount not to exceed $22,688, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Florida Keys Community Concert Band, Inc. covering the Pops in the Park between November, 2010 - April, 2011, in an amount not to exceed $16,070 FY 2011, Two Penny Cultural Umbrella Funding. 218 Funding Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2011/2011 Season between November, 2010 - June 2011, in an amount not to exceed $18,070 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Lower Keys Artists Network, Inc. covering the Art Going Green on Big Pine Key between November, 2010 - July, 2011, in an amount not to exceed $6,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Performing Arts Centers of Key West, Inc. covering the Tennessee Williams Theatre between November 2010 - September 2011, in an amount not to exceed $17,196 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with No Matter What Productions, Inc. covering the 12 Step Music Fest between November, 2010 - November 2011 in an amount not to exceed $12,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Paradise Ballet Theatre Presenters, Inc. and Nutcracker Key West during; December, 2010 in an amount not to exceed $12,054, FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Key Largo Merchants Association, Inc. covering the Pennekamp 50th Anniversary in December, 2010, in an amount not to exceed $25,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Old Island Restoration Foundation, Inc. covering the KW House & Gardens Tours and Conch Shell Blowing in between December 2010 - March 2011, in an amount riot to exceed $10,112 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with FKCC covering the FKCC Keys Chorale Concert Series between December 2010 - April 2011, in an amount not to exceed $11,277 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with National Council for Traditional Arts, Inc. covering the Florida Keys Traditional Music Festival, 2nd Annual, January 2011, in an amount not to exceed $20,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic, January 2011, in an amount not to exceed $4,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with The Key West Pops, Inc. covering the Key West Pops 2010/2011 Concert Season, January 2011, in an amount not to exceed $3,000 FY 2011, Two Penny Cultural Umbrella Funding. 219 Funding Agreement with Key West Literary Seminar, Inc., covering the KW Literary Seminar, 29th Annual, January 2011, in an amount not to exceed $14,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Key West Art Center, Inc. covering the Key West Craft Shop and Old Island Days Art Festival, January 2011 - February 2011, in an amount not to exceed $4,800 FY 2011, Two Penny Cultural Umbrella Funding. Key West Botanical Garden Society, Inc. covering the Key West Tropical Garden Cultural Calendar Event, January 2011 - August 2011, in an amount not to exceed $10,000 FY 2011, Two Penny Cultural Umbrella Funding. Funding Agreement with Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in February, 2011, in an amount not to exceed $9,559, FY 2010, Two Penny Cultural Umbrella Funding. Funding Agreement with Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival in July, 2011, in an amount not to exceed $5,000, FY 2011, 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 2011, in an amount not to exceed $11,000, FY 2011, Two Penny Cultural Umbrella Funding. Motion carried unanimously. D6 & 7 The Board discussed agenda item D6 concerning an Interlocal Grant Award Agreement with Islamorada, Village of Islands for beach and beach park facilities cleaning and trash removal services in Islamorada in an amount not to exceed $45,000 per year for five years, commencing with DAC IV, FY 2011 Capital Resources; and agenda item D7 concerning ;an Interlocal Grant Award Agreement with the City of Marathon covering Sombrero and Coco Plum Beach cleaning and maintenance in an amount not to exceed $90,500 for the period of October 1, 2010 through September 30, 2011, DAC III FY 2011 Capital Resources. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the items. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval and authorizing execution of the two (2) Interlocal Grant Award Agreements. Motion carried unanimously. The Board requested for the County Attorney to develop language regarding recycling requirements for these types of agreements. D14 The Clerk announced a vacancy on the Tourist Development Council District V Advisory Committee for an "At Large" appointment. D15 Motion was made by Commissioner Wigington and seconded by Commissioner Neugent nominating Shirley Gun as an "At Large" appointment to the Tourist Development Council District II Advisory Committee. 220 STAFF REPORTS El Airports - Peter Horton, Airports Director reported to the Board on the following matters: Completion of the EMAS project at the airport; Increased passenger numbers at the airport compared to previous years; and an update concerning the merger of Southwest Airlines and AirTran. PUBLIC HEARING R1 A Public Hearing was held to consider a Settlement Agreement pursuant to F.S. Section 163.3184(16) with the Florida Department of Community Affairs, Monroe County, and Rudolph and Roseann Krause in DOAH Case No. 09- 4153GM providing for a remedial comprehensive plan text amendment and Future Land Use Map (FLUM) amendment to create a sub -area in the future land use element of the Monroe County Year 2010 Comprehensive Plan to be known as the Ramrod Key Mixed Use Area 1 and specifying regulations that allow development to occur subject to limitations and conditions designed to protect natural resources for a portion of RE # 00114150- 000000 (8.46 acres) and all of RE # 00114150- 000400 (2.6 acres); designating 11.06 acres of the site Ramrod Key Mixed Use Area 1 on the FLU map; and requiring a conservation easement on approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 000000 (which is not subject to the Ramrod Key Mixed Use Area 1) and will remain RC. Assistant County Attorney Susan Grimsley discussed the matter. Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval and authorizing execution of the Stipulated Settlement Agreement. The Board accepted public input with the following individual addressing the Board: Rudy Krause. Christine Hurley, Growth Management Director also discussed the matter. After Board discussion, roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. DIVISION OF GROWTH MANAGEMENT K4 Christine Hurley, Growth Management Director introduced the following individuals: Spencer Simon, Assistant Field Supervisor, Ecological Services - United States Fish and Wildlife Service; Winston Hobgood, Biologist - United States Fish and Wildlife Service; and Mary K. Rountree, CFM, Natural Hazards Program Specialist, U.S. Department of Homeland Security, Federal Emergency Management Agency, Region IV. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to hold a special workshop on Friday, November 12, 2010 at 10:00 A.M. at the Marathon Government Center. Motion carried unanimously. Mr. Simon, with the United States Fish and Wildlife Service, gave a Power Point Presentation of the USFWS 2010 -2023 Biological Opinion (BO) for consultation under Section 221 7 of the Endangered Species Act (ESA) of 1973, as it relates to participation in the administration of the voluntary National Flood Insurance Program (NFIP) and property eligibility /issuance of flood insurance in the Florida Keys (Keys) that may impact the following species: Eastern Indigo Snake, Key Deer, Key Largo Woodrat, Key Largo Cotton Mouse, Schaus Swallowtail Butterfly, Key Tree Cactus, Stock Island Tree Snail, Lower Keys (Marsh) Rabbit and Silver Rice Rat (species and habitat) in Monroe County (County). The following public speaker addressed the Board: Christine Russell. STAFF REPORTS E3 Emergency Services - James Callahan, Fire Chief reported that the fire fighters will be honoring National Breast Cancer Month and Awareness with the wearing of pink t -shirts on October 25, 26, & 27, 2010. E6 Growth Management - Christine Hurley, Growth Management Director reported that the Tier Recommendation Review Committee has finished their recommendations on all the tierless parcels. In addition, the Development Review Committee has evaluated those parcels. Ms. Hurley stated that staff is in the process of advertising and sending out a massive number of public notices to bring forward recommended tier designations for tierless properties in the county to the Planning Commission on November 16, 2010 at 9:00 A.M. After the Planning Commission evaluates the parcels and makes their recommendation, the BOCC will need to hold at least two special hearings either in February or March, 2011 for the adoption of the tier designations for those properties. Ms. Hurley also reported that the thirty day report/work plan was submitted to the Department of Community Affairs. Ms. Hurley then reminded the Board that there will be a Construction Industry Summit held on October 28, 2010 at 3:00 P.M. at the Murray Nelson Government Center in Key Largo hosted by the Mayor and County Administrator. The Board inquired on the status of the Unsafe Structure Ordinance, the Key Largo Ocean Resort litigation, the upkeep and maintenance of foreclosed properties in the county, and the Flagler Village property. E7 Public Works - Dent Pierce, Public Works Director reported that the Soccer League - AYSO can no longer use the Horace O'Bryant Middle School field due to new construction and are looking to use the county owned Bernstein Park on Stock Island as a possible home for future soccer leagues. The following public speaker addressed the Board: Diane Beruldsen. The matter was referred to Staff for further handling. CLOSED SESSIONS H1 An Attorney- Client Closed Session of the Board of County Commissioners was held in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CA K 10 -1050. Suzanne Hutton, County Attorney read the required language into the record. MISCELLANEOUS Mayor Murphy thanked County Staff for all of their assistance during her tenure as Monroe County Mayor. COUNTY ATTORNEY H2/3 Suzanne Hutton, County Attorney requested the continuance of the following two (2) Closed Sessions: Agenda Item H2 in the matter of Thomas Collins et al. v. Monroe County, CA M 04 -379; and agenda Item H3 in the matter of Galleon Bay vs. Monroe County v. State of Florida, CA - -02 -595. Motion was made by Commissioner DiGennaro and seconded by iii Commissioner Neugent granting approval to continue the Closed Sessions to the BOCC meeting being held on December 15, 2010 at the Marathon Government Center - Agenda item H2 to begin at 1:30 P.M in the matter of Thomas Collins et al. v. Monroe County, CA M 04 -379; and agenda item H3 to begin at 2:00 P.M. in the matter of Galleon Bay vs. Monroe County v. State of Florida, CAK -02 -595. Motion carried unanimously. COUNTY ADMINISTRATOR P4 The Board discussed the Hickory House property. Suzanne Hutton, County Attorney; Natileen Cassel, Assistant County Attorney; and Jerry Barnett, Director - Project Management discussed the matter. The following public speaker addressed the Board: Diane Beruldsen. The matter was referred to staff for further handling. ENGINEERING /PROJECT MANAGEMENT I1 The Board discussed Monroe County's desire to secure and pay for a structural analysis of the Sugarloaf Volunteer Fire Department's building which is not the property of the County. Possible approval to contract for an inspection and estimate of the cost of repairs using one of the County's on -call engineering contractors. Suzanne Hutton, County Attorney; Kevin Wilson - Sr. Director, Engineering & Project Management; James Callahan, Fire Chief; and Roman Gastesi, County Administrator discussed the matter. The matter was referred to staff for further handling. MISCELLANEOUS Roman Gastesi, County Administrator introduced George R. Brentnall as the newly appointed Veterans Affair Director. PUBLIC HEARINGS S1 A Public Hearing was held to consider an Ordinance amending Monroe County Code Chapter 2, providing for registration of people representing others to influence county officials and employees; Providing for severability; deleting the exemption for former officials and employees in office in 1990 from a prohibition against lobbying for two years; 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 individuals addressing the Board: Christine Russell, Diane Beruldsen, and Dennis Ward, Monroe County State Attorney. After Board discussion, motion was made by Commissioner Wigington to adopt the Ordinance. Motion died for lack of a second. S2 A Public Hearing was held to consider an Ordinance amending Sections 4 -1, 4 -3, 4 -37, 4- 38, 4 -67 and 4 -75, of the Monroe County Code; Providing for the authority to designate dog as dangerous; Providing for confiscation; Providing for an appeal procedure and providing for additional restrictions relating to dangerous dogs; 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 Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. 223 ORDINANCE NO. 030-2010 Said Ordinance is incorporated herein by reference. Commissioner DiGennaro excused himself from the meeting. S3 A Public Hearing was held to consider a request for Administrative Relief for Jack Derovanesian for property described as Lot 15, Whispering Pines, Big Pine, Real Estate Number 00285660.000000 in the form of a purchase offer from the Monroe County Land Authority. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously, with Commissioner DiGennaro not present. RESOLUTION NO. 407-2010 Said Resolution is incorporated herein by reference. S4 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners amending Chapter 8 of Monroe County Code regarding the Department of Code Enforcement; Changing the department name to Code Compliance; Retaining all powers of Code Enforcement in the Department of Code Compliance; Providing for severability; Providing for repeal of conflicting provisions; Providing for codification; providing for an effective date. Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present. ORDINANCE NO. 031-2010 Said Ordinance is incorporated herein by reference. S5 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners approving the request by the Monroe County Planning & Environmental Resources Department to amend the Land Use District Map Designation from Native Area (NA) to Park and Refuge (PR) for property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present. ORDINANCE NO. 032-2010 Said Ordinance is incorporated herein by reference. S6 A Public Hearing was held to consider an Ordinance by the Board of County Commissioners approving the request by the Monroe County Planning and Environmental Resources Department to amend the Land Use District map designation from Suburban Commercial (SC) to Park and Refuge (PR) for property legally described as Whispering Pines Plat No.3, PB4 -59, Big Pine Key Tract A, Big Pine Key, Monroe County, Florida, having real Estate Number 00286360.000000. There was no public input. Motion was made by 224 Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present. ORDINANCE NO. 033-2010 Said Ordinance is incorporated herein by reference. S7 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners approving the request by Clarence L. Newman and Thomas G. Newman, as Trustees under the Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the benefit of Clarance L. Newman; Clarence L. Newman and Thomas G. Newman, as Trustees under the Vivian C. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the benefit of Vivian C. Newman; and Thomas G. Newman and Deborah L. Newman, Trustees, or their successors in trust, under the Thomas G. Newman Living Trust, dated November 29, 2005, and any Amendments thereto, for the benefit of Thomas G. Newman to amend the Land Use District Map district map designation from Urban Residential Mobile Home - Limited (URM -L) to Urban Residential Mobile Home (URM) for property legally described as Block 34, Lots 1 -10 and 16 -20, MacDonald's Plat, (PB1 -55), Stock Island, Monroe County, Florida, having real estate number 00124560.000000. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present. ORDINANCE NO. 034 -2010 Said Ordinance is incorporated herein by reference. Commissioner DiGennaro returned to the meeting and took his seat. S8 A Public Hearing was held to consider an Ordinance creating Goal 107, Objective 107.1 and Policy 107.1.2 of the Monroe County Year 2010 Comprehensive Plan to establish a policy for property described as Ramrod Key mixed used area 1 pursuant to a Settlement Agreement in DOAH Case; No. 09- 4153GM comprised of a portion of RE #00114150- 000000 (8.46 acres) and all of RE #00114150- 000400 (2.6 acres), Ramrod Key, Monroe County, Florida, Gulf Side, approximately mile marker 26.5; providing for severability; directing the Director of Planning to forward a copy to the Florida Department of Community Affairs; providing for filing with the Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an effective date. Assistant County Attorney, Susan Grimsley discussed the matter. The Board accepted public input with the following individuals addressing the Board: Naja Girard, representing Last Stand; Nils Muench, Deb Curlee, and Rudy Krause. Christine Hurley, Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Mayor Murphy and seconded by Commissioner Carruthers that from this point until we transmit a change and get an answer from the Department of Community Affairs in the form of an Objections, Recommendations and Comments Report do not accept applications., payment or anything else concerning a sub -area policy. Motion carried unanimously. Motion was then made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Ordinance. Roll call vote was taken with the following results: 225 Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. ORDINANCE NO. 028-2010 Said Ordinance is incorporated herein by reference. S9 A Public Hearing was held to consider an Ordinance to amend the Monroe County Year 2010 Comprehensive Plan Future Land Use Map (FLUM) for a portion of RE # 00114150- 000000 (8.46 acres) and all of RE # 00114150- 000400 (2.6 acres) designation from Residential Low (RL) to Ramrod Key Mixed Use Area 1, repealing and rescinding Ordinance 018 -2009 which previously approved FLUM designation from Residential Low (RL) to Mixed Use / Commercial. (MC) pursuant to a Settlement Agreement in DOAH Case No. 09- 4153GM. Motion was made by Commissioner DiGennaro and seconded by CommissionerCarruthers to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy Yes Motion carried. ORDINANCE NO. 029-2010 Said Ordinance is incorporated herein by reference. ENGINEERING /PROJECT MANAGEMENT I2 The :Board discussed a request from Project Management who is seeking approval to proceed with negotiating for the purchase of approximately 27,150 square feet of property (owned by keys Federal Credit Union) located at 3rd Street and US No. 1 on Stock Island for the purpose of constructing a fire station. Jerry Barnett, Director - Project Management; James Callahan, Fire Chief; Roman Gastesi, County Administrator; and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Curtis Skomp, representing Walter Schurtenberger of Constellation Yachts. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro authorizing the negotiation for the purchase of approximately 27,150 square feet of the property (owned by Keys Federal Credit Union) located at 3rd Street and US No. 1 on Stock Island for the purpose of constructing a fire station. Motion carried unanimously. Motion was also made by Commissioner DiGennaro and seconded by Commissioner Carruthers to continue to negotiate 226 and look at all of the other options available on Stock Island for the purpose of constructing a fire station. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT J5 The Board discussed an Agreement for the Termination of a Lot Aggregation Restrictive Covenant between Martha Hernandez and Monroe County dated January 25, 2007. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. Kl The Board discussed for possible action whether property owners using Section 130 -61.1 Affordable Housing Incentive Programs, of the Land Development Code should be exempt from planning and development review /approval fees. The following individuals addressed the Board: Christine Russell who read into the record a letter from Kay Thacker; and Diane Beruldsen. Christine Hurley, Growth Management Director discussed the matter. Owen Trepanier, representing, Trepanier & Associates also addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington to not waive any fees using Section 130 -61.1 Affordable Housing Incentive Programs, of the Land Development Code. Motion carried unanimously. K2 Christine Hurley, Growth Management Director discussed a status report relating to a Sublease Agreement with the Florida Department of Environmental Protection, Office of Greenways and Trails to manage the "Swimming Hole" property on Big Pine Key as a passive recreational facility. The matter was referred to Staff for further handling. COUNTY ADMINISTRATOR P1(a) Roman Gastesi, County Administrator referred the Board to the written County Division's Monthly Activity Report for September, 2010, dated October 5, 2010. Mr. Gastesi discussed the following matters: Receipt of a letter from the Navy where they are asking for data collection from the County concerning the Environmental Impact Study (EIS); Federal Stimulus money used for bridge repairs whereby auditors will use Monroe County's contract format as a model in other areas; and an Update concerning the upcoming Triathlon in December. Commissioner Carruthers announced that Fair Insurance Rates in Monroe (FIRM) will be conducting a fun ride weekend on November 4, 5, 6, 2010. P1(b) Mr. Gastesi indicated the Draft Legislative Report will be discussed at the regular November Board of County Commissioners' meeting. COUNTY ATTORNEY Q1 Suzanne Hutton, County Attorney reported that they have switched over from the Gray Robinson lawfirm to Ira Leibanoff lawfirm concerning the Gonzalez Architects litigation. Ms. Hutton reported the status of her research concerning the proposed toll on the 18 Mile Stretch. 227 Q6 The Board discussed a Resolution changing Monroe County Personnel Policies and Procedures exemption from application of the P &P, recognizing that disciplinary provisions are not the only mechanism to insure that all persons comply with the policies, especially those prohibiting discrimination and sexual harassment; requiring auto allowances to be handled in conformity with state statute; more explicit language regarding the prohibition against accepting services or gifts; limitations placed on salary increases which may be provided without BOCC approval. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to deny the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Murphy No Motion carried. The County Attorney indicated she would poll each Commissioner to see what provisions in the item she would need to bring back in a Resolution. Q7 The County Attorney withdrew the item concerning the approval to advertise a Public Hearing to consider an Ordinance amending portions of Chapter 2, Article III, Division 7, County Attorney, of the Monroe County Code to make it consistent with the changes to the Monroe County Personnel Policies and Procedures upon approval of the Resolution. Q12 The Board discussed a Resolution endorsing the candidacy of Edwin Scales for the vacant position on the Third District Court of Appeals. Bob Shillinger, Chief Assistant County Attorney; Suzanne Hutton, County Attorney; and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 300-2010 Said Resolution is incorporated herein by reference. 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 p_ Isabel C. DeSantis, Deputy Clerk