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12/15/2010 Regular252 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 15, 2010 Marathon, Florida The Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, Commissioner Kim Wigington, and Mayor Heather Carruthers. 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 of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item A Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B2 Presentation of Employee Service Award for the month of August 2010 to Richard Jones, Sr. Administrator, Marine Resources. BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Item C1 Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 451-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 452-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 453-2010 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 322 -2010 (OMB Schedule Item No. 4). 253 RESOLUTION NO. 454-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 455-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 456-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 457-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 458-2010 Said Resolution is incorporated herein by reference. Amending Resolution No. 415 -2010 (OMB Schedule Item No. 9). RESOLUTION NO. 459-2010 Said Resolution is incorporated herein by reference Amending Resolution 416 -2010 (OMB Schedule Item No. 10). RESOLUTION NO. 460-2010 Said Resolution is incorporated herein by reference. Item C2 Board granted approval and authorized execution of Interlocal Agreements with the City of Key West, the City of Marathon and Islamorada related to their partnerships with the County in the State Energy Grant from Florida Energy and Climate Commission (Grant #ARS010). Item C3 Board adopted the following Resolution requesting the Florida Department of Transportation develop short-term and long -range plans to correct drainage issues on US 1 at Summerland Key. RESOLUTION NO. 461-2010 Said Resolution is incorporated herein by reference. Item C4 Board granted approval to transfer title and County vehicle number ID# 1401 -598 (serial number 1 GCGG25R921176183) to the Girl Scout Council of Tropical Florida, Inc. Item C5 Board granted approval and authorized execution of a Renewal Agreement with The Utility Board of the City of Key West, Florida, for lease of the Big Pine Key Animal Control Facility. 254 Item C6 Board granted approval and authorized execution of a Business Lease with Ships Way, Inc. for Commissioner Neugent's office space on Big Pine Key. Item C7 Board granted approval and authorized execution of a Lease Agreement with the Southernmost Homeless Assistance League (SHAL) for office space at the Gato Building, 1100 Simonton Street, Key West, FL. Item C8 Board granted approval of a Florida Division of Emergency Management (FDEM) Award Letter for delivery of Position ICS Training (IMT) and WebEOC in the amount of $8,500.00, no county match required; and authorization for the County Administrator to execute an;y other required documentation in relation to the application process. Item C9 Board granted approval and authorized execution of a First Amendment to design build contract with Structural Preservation Systems, LLC, for the Geiger Creek Bridge Repair Design Build Project, to comply with revised Florida Department of Transportation (FDOT) requirements. Item C10 Board granted approval to use District One Transportation Impact Fees to reimburse Road and Bridge Fund 102 for eligible costs from the Key Deer Boulevard Roadway Improvement Project. Item C12 Board granted approval and authorized execution of Modification #4 to the State Funded Subgrant Agreement for the Design and Construction of the proposed Emergency Operations Center in Marathon. Item C13 Board granted approval to issue a Request for Proposal (RFP) for a Design/Build contract for the mandatory sewer connections at the Marathon Courthouse, the Marathon Detention Center, and the Marathon Government Center. Item C14 Board granted approval of the receipt of the monthly report on change orders reviewed b:y the County Administrator's Office. Item C15 Board ratified and/or approved Exhibit "A" to the Kennedy Galleries lease approved at the June 16, 2010 BOCC meeting.. Item C16 Board granted approval and authorized execution of a Contract and Contract Amendment with MBI -K2M Architecture, Inc., for Customs Terminal Security Enhancements at Key West International Airport. Item 17 Board granted approval and authorized execution of Purchase Service Order #09/10/40 with URS for Airport Noise Coordination — Part 150 Program, Phase 1 at the Key West International Airport. Item C20 Board granted approval and authorized execution of a Referral Agreement between Alliance for Aging and Monroe County to enable respite clients to remain in the Aged and Disabled Adult (ADA) Waiver program. 255 Item C21 Board granted approval and authorized execution of Amendment 001 to Contract US -1151 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners for congregate and home delivered meals provided by the Monroe County Nutrition Program. Item C22 Board granted approval and authorized execution of Amendment #0001 to the Community Care for Disabled Adults (CODA) Contract #KG -065 (7/1/10 — 6/30/11) between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services /In -Home Services). Item C23 Board granted approval to advertise for Request for Proposals for Employment Physical Services. Item C24 Board granted approval to accept and authorized execution of an Agreement from Asset Works Appraisal for Real and Personal Property. Item C26 Board granted approval to piggyback on a competitively bid Contract between Monroe County Sheriff and Key West Urgent Care to provide employment post -offer physicals. Item C27 Board granted approval of changes to the Monroe County Personnel Policies and Procedure Manual as recommended by the Policies and Procedures Board. Item C28 Board granted approval and authorized execution of the Community Living Program (CLP) Contract CLP - MCSS -I between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services /In -Home Services) for fiscal period 12/l/10 to 12/31/10. Item C29 Board granted approval and authorized execution of the Community Living Program (CLP) Contract CLP - MCSS -II between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services /In -Home Services) for fiscal period 1 /l /11 to 12/31/11. Item C30 Board granted approval to enter into a "Master Services Agreement — Order Attachment for CSA Services" #FL10- 0443 -01, with AT & T which includes an additional speed of 1 Gb /s to our existing Metro Ethernet wide area network agreement; and authorized execution of same. Item 31 Board granted approval to rescind FY07 State Homeland Security Grant Program (SHSGP) Agreement Number 08- DS- 60- 11 -54 -01 -343 Modification #2, and approval of Federally - Funded Subgrant Agreement contract number I IDS- 52- 11 -54 -01 in the amount of $57,834.92 with no county match required; entered into between the State of Florida, Division of Emergency ;Management (FDEM) and Monroe County Emergency and authorization for the County Administrator to execute any other required documentation in relation to the application process; and extending the ending date from December 31, 2010 to June 30, 2011. 256 Item 32 Board granted approval to close the Libraries at 1:00 p.m. on Christmas Eve. Item 33 Board granted approval and authorized execution of the Older Americans Act (OAA) Contract AA -1129 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/Nutrition and In -Home Services programs) for Fiscal Year 01 /l /11 to 12/31/11. Item 34 Board adopted the following resolution requesting the Florida Department of Transportation restore funding for the temporary Ferry Service between the City of Marathon, Florida and Pigeon Key. RESOLUTION NO. 462-2010 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Item D1 Board granted approval and authorized execution of an Agreement with Stay Fit Studio covering Key West Triathlon in an amount not to exceed $20,000, DAC I, FY 2011 Event Resources. Item D2 Board granted approval and authorized execution of an Agreement with Hawk's Cay Resort covering Conchtoberfest in an amount not to exceed $40,000, DAC III, FY 2011 Event Resources. Item D3 Board granted approval and authorized execution of an Agreement with Super Boat International Productions, Inc. covering Key West World Championship Race in an amount not to exceed $115,000, DAC I, FY 2011 Event Resources. Item D4 Board granted approval and authorized execution of an Agreement with Mad Dog Mandich Fishing Classic, LLC covering the Publix Mad Dog Mandich Fishing Classic in October, 2011 in an amount not to exceed $10,000, DAC IV, FY 2011 Event Resources. Item D5 Board granted approval and authorized execution of an Agreement with Capt. Toney, LLC covering the Capt. Tony Days in an amount not to exceed $14,000, DAC I, FY 2011 Event Resources. Item D6 Board granted approval and authorized execution of an Agreement with Key West Bight Preservation Association, Inc. covering The Key West "Bight" Before Christmas in an amount not to exceed $5,005, DAC I, FY 2011 Event Resources. Item D7 Board granted approval and authorized execution of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest 2011 from FY 2011 Event Resources. 257 Item D8 Board granted approval and authorized execution of an Agreement with EcoWeek Events, Inc. covering EcoWeek 2011 in an amount not to exceed $66,217, FY 2011 Event Resources. GROWTH MANAGEMENT Item I1 Board granted approval and authorized execution of an Interlocal Agreement (ILA) between Monroe County and the City of Marathon (City) reimbursing the City in the amount of $37,442.00 from County Boating Improvement Funds for costs previously incurred for mooring inspections, maintenance, and required water quality testing in association with the City mooring field during the past fiscal year. Item I2 Board granted approval and authorized execution of a Supplemental Joint Participation Agreement (JPA) No. 3 with the Florida Department of Transportation (FDOT) for Contract #AN082 to extend the term of the general transportation planning support assistance JPA from December 31, 2010 to December 31, 2011. Item J3 Board granted approval and authorized execution of a Supplemental Joint Participation Agreement (JPA) No. 2 with the Florida Department of Transportation (FDOT) for Contract #AOU27 to extend the Transportation Planning Consultant and Staff Assistance JPA term from December 31, 2010 to December 31, 2011. Item J4 Board granted approval to advertise a public hearing to consider an ordinance by the Board of County Commissioners amending Chapter 26 of the Monroe County Code (Waterways) to provide for renaming "Combustion Vessel Exclusion Zones" to "No Motor Zones ", in order to eliminate boater confusion and provide consistency with "No Motor Zones" established by the Florida Keys National Marine Sanctuary. Item J5 Board adopted the following Resolution approving the Annual Public Facilities Capacity Report 2010. RESOLUTION NO. 463-2010 Said Resolution is incorporated herein by reference. SHERIFF'S DEPARTMENT Item L1 Board granted approval of the request for expenditures from the Law Enforcement Trust Fund, as follows: $3,000 to help the MSCO Animal Farm with items that are needed to continue "Easter on the Farm" and Christmas on the Farm" for the year 2011. HEALTH DEPARTMENT Item M1 Board granted approval and authorized execution of a Lease between MW & JC 258 LLC and Monroe County Board of County Commissioner to provide the premises at 3134 Northside :Drive, Key West to be used by the Health Department as a clinic. Item M2 Board adopted the following Resolution amending the fee schedule set forth in Resolution No. 294 -2010 and authorizing the Monroe County Health Department to collect clinical fees for primary care services offered as set forth in Exhibit A attached to and made part of the Resolution. RESOLUTION NO. 464-2010 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Item N1 Board adopted the following Resolution in support of naming the FDOT south access road located off of Jewfish Creek Bridge which provides access to the Anchorage Resort and Yacht Club, Inc. and PonTunes Marina, Tiki Bar and Grille as "Yacht Club Drive." RESOLUTION NO. 465-2010 Said Resolution is incorporated herein by reference. Item N2 Board approved Commissioner Murphy's appointment of Phil Goodman to the Marine & Port Advisory Committee. His three year term expires December, 2013. Item N3 Board granted approval of newly elected Commissioner Rice's Official Bond per FSS. 137.01 for the term of November 16, 2010 through November 18, 2014. Item N4 Board granted approval of Commissioner Rice's item to reappoint Kim Bassett to the Human Services Advisory Board (HSAB) as the District 4 representative. Item N5 Board granted approval of re- elected District two Commissioner George R. Neugent's Official Bond per FSS.137.01 for the term of November 16, 2010 through November 18, 2014. COUNTY CLERK Item 02 Board granted official approval of the Board of County Commissioner's minutes from the Regular Meeting of October 20, 2010 - previously distributed. Item 03 Board granted approval of the following Warrants: (105915 - 105975 and 557005 - 557771) General Fund (001), in the amount of $894,308.21; Fine & Forfeiture Fund (101), in the amount of $83,021.09; Road and Bridge Fund (102), in the amount of $22,904.75; TDC District Two Penny (115), in the amount of $178,282.83; TDC Admin. & Promo 2 Cent (116), in the amount of $237,140.13; TDC District 1,3 Cent (117), in the amount of $303,780.96; District 2,3 Cent (118), in the amount of $21,861.33; TDC District 3,3 Cent (119), in the amount of $91,314.21; TDC District 4,3 Cent (120), in the amount of $65,888.56; TDC District 5,3 Cent (121), in the amount of $63,801.78; Gov. Fund Type Grants (125), in the amount of $395,139.76; Fire & Amb District 1 L &M Keys (141), in the amount of 259 $86,229.91; Upper Keys Health Care (144), in the amount of $690.86; Uninc Svc Dist Parks & Rec (147), in the amount of $32,439.37; Plan, Build, Zoning (148), in the amount of $54,430.43; Municipal Policing (149), in the amount of $132,568.47; Duck Key Security (152), in the amount of $4,684.13; Local Housing Assistance (153), in the amount of $19,687.50; Boating Improvement Fund (157), in the amount of $15,361.50; Misc. Special Revenue Fund (158), in the amount of $18,146.98; Environmental Restoration (160), in the amount of $4,196.79; Building Fund, (180), in the amount of $5,385.63; 1 Cent Infra Surtax (304) in the amount of $312.88; Infr Sls Srtx Rev Bds2007, (308), in the amount of $535.39; Big Coppitt Wastewater PR (310), in the amount of $213,907.93; Duck Key Wastewater (311), in the amount of $356,285.44; Card Sound Bridge (401), in the amount of $4,464.14; Marathon Airport (403), in the amount of $102,031.67; Key West Intl. Airport (404), in the amount of $194,309.40; KW AIP Series 2006 Bonds (405), in the amount of $9,720.79; PFC & Oper Restrictions (406), in the amount of $487,625.33; MSD Solid Waste (414), in the amount of $1,117,856.34; Worker's Compensation (501), in the amount of $50,904.07; Group Insurance Fund (502), in the amount of $383,052.98; Risk Management Fund (503), in the amount of $33,509.20; Fleet Management Fund (504), in the amount of $84,609.79; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00. Item 04 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bids. Item 05 Board granted approval of TDC expenditures for the month of November, 2010: Advertising, in the amount of $439,040.56; Bricks & Mortar /Interlocal Projects, in the amount of $73,083.07; Visitor Information Services, in the amount of $61,101.00; Events, in the amount of $175,392.49; Office Supplies & Oper Costs, in the amount of $28,055.59; Public Relations, in the amount of $81,560.62; Sales & Marketing, in the amount of $60,730.06; Telephone & Utilities, in the amount of $19,361.36; Travel, in the amount of $11,650.39. COUNTY ADMINISTRATOR Item P3 Board granted approval of the Public Official Bond for Richard F Rudell, Florida Keys Mosquito Control. Item P4 Board granted approval of the Public Official Bond for James R. Bridges, Florida Keys Mosquito Control. Item P5 Board adopted the following Resolution requesting for changes to the admission fees to Pigeon Key. RESOLUTION NO. 466-2010 Said Resolution is incorporated herein by reference. Item P6 Board granted approval of the reappointment of Edith Zewadski- Bricker to the South Florida Workforce Investment Board. 260 COUNTY ATTORNEY Item Q2 Board granted approval to advertise a Public Hearing for an Ordinance amending Section 18 -27 of the County Code adding Watson Field on Big Pine Key to the list of County parks. Item Q3 Board granted approval to accept the donation of seven parcels on Key Largo, Big Pine Key, Little Torch Key and Summerland Key for conservation and $7500 as settlement of outstanding; code enforcement fines. Item Q4 Board granted approval and authorized execution of a Second Amendment to the existing Legal Services Agreement dated March 15, 2006 with Ira Libanoff, Esq. which revises the original agreement to update time keepers, delete completed cases and add one additional case to his responsibilities. Item Q5 Board granted approval to file an interpleader action, allowing the County to deposit into the registry of the court the remaining sum of money being held by the clerk. An irreconcilable dispute has arisen between the general contractor and a subcontractor working on the Freeman Justice Center. By filing an interpleader action is the established manner in which the County states that it does not claim the money and wishes the issue to be resolved by a court. Item Q6 Board adopted the following Resolution authorizing the Director of Social Services to execute contracts on behalf of Monroe County under certain limited circumstances. RESOLUTION NO. 467-2010 Said Resolution is incorporated herein by reference. Motion carried unanimously. PRESENTATION OF AWARDS Item B 1 Presentation of Employee Service Award for the month of July 2010 to Alary Luttazi, Sr. Administrative Assistant, Emergency Services. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The :Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. Absent was City of Layton Mayor Norman Anderson. Item G2 Jim Callahan, Monroe County Fire Chief discussed a12 month service agreement with Bio -Med Waste Solutions, Inc. for the collection and disposal of biomedical waste generated from emergency medical calls and transports of Monroe County Fire Rescue. After 261 discussion., motion was made by Commissioner Murphy and seconded by Councilman Snow granting approval for the Mayor to execute same. Motion carried unanimously. The Board also discussed the consolidation of services for biomedical waste. 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 Item C1 I The Board discussed a First Amendment to the Contract with William P. Horn Architect, P.A. for the Development of a Higg's Beach Park Master Plan. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. Commissioner Murphy requested each time an item is on the agenda concerning the development of the Higg's Beach Park Master Plan, backup information be included - a running account of the money, what it is for, and who has provided the funding. Items C18 /C19 Commissioner David Rice abstained from voting on the following two (2) items as he is a current member of the Board of Directors of the Care Center: Contract between Monroe County and the Community Transportation Coordinator /Guidance /Care Center Inc., of the Middle Keys for a contract period of 01/01/2011 through 12/31/2011; and an Agreement between the Monroe County Community Transportation Coordinator /Guidance /Care Center Inc., and Monroe County Board of County Commissioners for contract period of 01/01/2011 through 12/31/2011. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of the items. Motion carried unanimously, with Commissioner Rice abstaining. Item C25 The Board discussed Amendment #2 to the Monroe County Group Health Plan. In light of the adoption of the Patient Protection and Affordable Care Act ( "PPACA "), the Plan must be amended in certain particulars. Teresa Aguiar - Division Director, Employee Services discussed the matter. After discussion, Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. STAFF REPORTS Item E1 Peter Horton, Airports Director updated the Board concerning certain matters at the Key West International Aiport: Disposal of medical waste; the landing of a C 17 military aircraft; and passenger figures for the month of November that were over 50,000. 262 Item E6 Christine Hurley, Growth Management Director updated the Board on the Technical ]Documents and the Evaluation and Appraisal Report being prepared by the county's consulting firm of Keith & Schnars. Ms. Hurley indicated the draft documents will be published and the Planning Commission will be holding their meeting on January 12, 2011 at the Marathon Government Center to review and take public input. In addition, on January 19, 2011, Keith & Schnars is scheduled to make a presentation on the documents before the BOCC. Ms. Hurley then discussed the dates of the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011. Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to hold the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011 on March 22, 2011 at 10:00 A.M. at the Marathon Government Center. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to start the 1 st Public Hearing for the Tier Redesignations on March 22, 2011 at 11:00 A.M. at the Marathon Government Center, with the date of March 23, 2011 to be reserved as a carryover date and to hold the 2nd Public Hearing for the Tier Redesignations on May 4, 2011 at 5:01 P.M. at the Marathon Government Center, with the date of May 5, 2011 to be reserved as a carryover date. Motion carried unanimously. Mayor Carruthers discussed her attendance on Friday, December 10, 2010, along with Roman Gastesi, County Administrator and Michael Roberts, Sr. Administrator - Environmental Resources at the Sixteen County South Florida Ecosystem Restoration Summit in Okeechobee concerning Everglades Restoration. GROWTH MANAGEMENT Items J1 Suzanne Hutton, County Attorney made a presentation before the Board for direction regarding potential litigation to determine the county's duties & authority in response to a request by Keys Energy Services to approve utility easements over county -owned properties, including whether a county development permit is required to be issued in order for KES to place poles and utility lines on access easements; also county's ability to issue building permits for electrical connections of utilities in established rights -of -way to existing structures on private property. Item J2 Christine Hurley, Growth Management Director made a presentation before the Board for direction to Staff regarding whether to initiate amendments to the Comprehensive Plan and Land Development Regulations to allow the extension of utility services to Coastal Barrier Resource System (CBRS) units and/or private development on No Name Key. Item J3 Mark Rosch, Executive Director of the Monroe County Land Authority made a presentation before the Board for consideration of a request to grant utility easements to the Utility Board of the City of Key West, Florida (Keys Energy Services) on four No Name Key properties. The following public speakers addressed the Board: Joyce Newman, Robert DeHaven, Hallett Douville, Deb Curlee, representing Last Stand; John D. Morris, Kathy Brown, representing; the No Name Key Property Owners' Association; Diane Beruldsen, Beth Fennell, Robert G. Brown, Andrew Tobin, Esq., representing No Name Key Homeowners; Sloan 263 Bashinsky„ Reverend Marney Brown, John Hammerstrom, Rob Barber, Ron Miller, representing the Upper :Keys Citizens' Association; Alicia Putney, representing The Solar Community of No Name Key; Kristie Killam, Mary Bakke, Marsha Fletcher, John F. Lohr, John Bakke, Beth Ramsay - Vickrey, Brad Vickrey, John Lentini, Pauline Klein, Kay Thacker, Wanda Dry, Esq., Joan Borel, Laurence R. Dry, MD, Esq., Frank Atwell, and Chris Barber. The Clerk was provided with written documentation from Alicia Putney, representing The Solar Community of No Name Key, which was entered as part of the official record. Item J3 After Board discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to deny the request to grant utility easements to the Utility Board of the City of Key West, Florida (Keys Energy Services) on four conservation lots on No Name Key owned by Monroe County and the one conservation lot on No Name Key within the CBRS owned by the Monroe County Land Authority. Roll call vote was unanimous. Item J2 After Board discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to approve Option #3 - Direct staff to enforce Comprehensive plan policies and Land Development Code policies and do not process amendments to the Monroe County 2010 Comprehensive Plan or Land Development Code. Roll call vote was unanimous. Item J1 After Board discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of Staff recommendations for the County to file an action for declaratory judgment regarding whether Bimini and Tortuga Lanes, No Name Key, constitute rights -of -way, upon which Keys Energy Services does not need a county permit to construct poles, and the county's responsibility regarding issuance of building permits for connections between utility lines in rights -of -way and structures on private property. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent Yes Commissioner Rice Yes Commissioner Wigington No Mayor Carruthers Yes Motion carried. Item J3 Mark Rosch, Monroe County Land Authority Executive Director addressed the Board and suggested that the one conservation lot on No Name Key within the CBRS owned by the Monroe County Land Authority not be included in the denial motion for item J3 until it is has gone through the Land Authority process and then the Land Authority Board. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to rescind the motion which denies the request to grant utility easements to the Utility Board of the City of Key West, Florida (Keys Energy Services) on four conservation lots on No Name Key owned by Monroe County and the one conservation lot on No Name Key within the CBRS owned by the Monroe County Land Authority. Motion carried unanimously. Motion was then made by Commissioner Murphy and seconded by Commissioner Rice to deny the request to grant utility easements to the 264 Utility Board of the City of Key West, Florida (Keys Energy Services) on the four conservation lots on No Name Key owned by Monroe County. Roll call vote was unanimous. CLOSED SESSIONS Item K1 An Attorney - Client Closed Session of the Board of County Commissioners in the matter of Thomas Collins et al. v. Monroe County, CA M 04 -379 was held. Suzanne Hutton, County Attorney read the required language into the record. Item K2 An Attorney - Client Closed Session of the Board of County Commissioners in the matter of Galleon Bay vs. Monroe County v. State of Florida, CAK -02 -595 was held. Suzanne Hutton, County Attorney read the required language into the record. Item K3 An Attorney - Client Closed Session of the Board of County Commissioners in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CAK 10 -1050 was held. Suzanne Hutton, County Attorney read the required language into the record. PUBLIC HEARINGS Item R1 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment of the Fiscal Year 2011 Impact Fees -Fire & EMS Fund 135. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 468-2010 Said Resolution is incorporated herein by reference. Item R2 A Public Hearing was held to consider an Ordinance creating Monroe County Code Section 2 -60, providing for providing for noninterference in procurement and hiring practices; providing for Board of County Commissioners to set policies and procedures in areas where changes are deemed to be needed. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance, with the following words stricken from the title: providing for Board of County Commissioners to set policies and procedures in areas where changes are deemed to be needed. Motion carried unanimously. ORDINANCE NO. 037 -2010 Said Ordinance is incorporated herein by reference. Item R3 A Public Hearing was held to consider adoption of an Ordinance amending Sections 26-1, 26 -96 and 26 -98 of the Monroe County Code to expand the prohibition against diving or snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or commercial shoreline, to include the 3 days prior to the start of mini - season and continuing through mini - season and for the first 5 days of commercial lobster season. The Board accepted public input with the following individuals addressing the Board: Jim Bellizzi, Ben Daughtry, Franco C. D'Ascanio, John Whalton, Jack Kistner, and Bill Hunter. After discussion, REVISION 265 motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance with a sunset date of August 31, 2012 and to add the following language at the end of Section 3, subsection (b), page 6: or diving and snorkeling in front of your property to the center line of the canal or 100 ft. of open water. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice No Commissioner Wigington No Mayor Carruthers Yes Motion carried. ORDINANCE NO. 038-2010 Said Ordinance is incorporated herein by reference Item R4 A Public Hearing was held to consider an Ordinance by the BOCC amending Monroe County Code Section 101 -1, and Section 130 -87, Maximum Height, to provide consistency between regulations regarding height in the land development code and policies regarding height in the comprehensive plan and to provide consistency between the definitions of height and grade in the land development code to clarify from where measurements are to be taken. Christine Hurley, Growth Management Director discussed the matter. The Board accepted public input with the following individuals addressing the Board: John November, Diane Beruldsen, and Sloan Bashinsky. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy to continue the Public Hearing to the January 19, 2011 BOCC meeting at 3:00 P.M. in Key West. Motion carried unanimously. Item R5 The first of two required Public Hearings was held to consider an Ordinance amending the Monroe County Code Section 130 -92(a) to amend the permitted uses in the Recreational Vehicle (RV) land use district to allow vacation rental uses of nonconforming dwelling units and to clarify language regarding employee housing, commercial apartments and accessory uses. Christine Hurley, Growth Management Director discussed the matter. The Board accepted public input with the following individuals addressing the Board: Sloan Bashinsky, and Lee Rohe, representing Blue Key RV Park. ENGINEERING /PROJECT MANAGEMENT Item H1 Gary L. Donn, P.E. - Director of Transportation Support & MIC Program Manager; and Linda G. Johnson, District Work Program Administrator made a presentation before the Board on the Florida Department of Transportation's (FDOT) Tentative Five Year Work Program for Fiscal Years 2011/2012 through 2015/2016. The following individuals addressed the Board: Kelly McKinnon, representing Pigeon Key; Linda Kruszka, representing Paradise Divers, Inc., and Diane Beruldsen. 266 PUBLIC HEARINGS Item S 1 A Public Hearing was held to consider a Resolution renewing the intent to use the uniform method to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to properties in Key Haven, Lower Sugarloaf through Big Pine Key, Long Key and 3 parcels on Boca Chica. Suzanne Hutton, County Attorney and Liz Wood, Sr. Administrator, Sewer Projects discussed the matter. The Board accepted public input with the following individuals addressing the Board: Bill Hunter, representing the Sugarloaf Shores Property Owner's Association; and Sloan Bashinsky. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Wigington to adopt the following Resolution to use the uniform method of collecting non -ad valorem special assessments levied within the unincorporated area of the county; stating a need for such levy; providing for the mailing of this resolution; and providing for an effective date. Motion carried unanimously. RESOLUTION NO. 469-2010 Said Resolution is incorporated herein by reference. ENGINEERING /PROJECT MANAGEMENT Item H2 Judith S. Clark, Director - Engineering Services gave a Staff report on the status of bus shelter locations and on the negotiations on the renewal terms of the non - exclusive contract with Clear Channel Outdoor, Inc., for constructing and maintaining bus shelters on County and .FDOT rights of way for the purpose of selling and placing advertising within shelters. The following individuals addressed the Board: Kay Thacker and Diane Beruldsen. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval to negotiate the item with Clear Channel Outdoor, Inc. Motion carried unanimously. COUNTY ADMINISTRATOR Item P 1 Roman Gastesi, County Administrator referred the Board to the written County Division's Monthly Activity Report for November, 2010, dated December 1, 2010. Mr. Gastesi discussed an e -mail sent to the Board concerning the plan review of the bench marking and recommendations report from the county's insurance consultant. Mr. Gastesi also discussed a proposal for a pilot program to waive certain fees (cultural groups) for use of the stage at the Murray E. Nelson Government Center in Key Largo. The following individual addressed the Board: Pauline Klein. The County Administrator's proposal was referred to Staff for further analysis. Item P2 Connie Cyr, Aide to the Administrator and the Board discussed the 2011 appointments of Commissioners to various duties, boards and committees. After the commissioners' preferences were decided, motion was made by Commissioner Murphy and seconded by Commissioner Wigington approving the appointments to the various duties. Motion carried unanimously. Said documents are attached hereto for reference. 267 COUNTY ATTORNEY Item Q1 Suzanne Hutton, County Attorney read the required language and requested a Closed Attorney Client Session be held in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CAK 10 -1050. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to hold the Closed Attorney Client Session on January 19, 2011 in Key West at 1:30 P.M. at the Harvey Government. Motion carried unanimously. Item Q1 Bob Shillinger, Chief Assistant County Attorney gave a Power Point Presentation concerning a Settlement Offer in the litigation of HMA, LLC d/b /a DePoo vs. Monroe County concerning a dispute over funding for Baker Act Services. Mr. Shillinger read the required language and requested a Closed Attorney Client Session be held in the matter. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to schedule a Closed Session on January 19, 2011 in Key West at 2:00 P.M. at the Harvey Government Center. Motion carried unanimously. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy granting authority for the County Attorney to file a Notice of Appeal of Mandamus Judgment i£ a) negotiations are unsuccessful and, b) necessary to file prior to the January Closed Session. Motion carried unanimously. Item Q7 The Board discussed direction to Staff to initiate the process to adopt an Ordinance that requires a 4/5 vote of the Board of County Commissioners to approve any Ordinance that adopts, amends, repeals, or otherwise changes the land development code and the comprehensive plan. The following individuals addressed the Board: Pauline Klein, Kay Thacker, representing the Island of Key Largo Federation; Deb Curlee, representing Last Stand; Joyce Newman; Bill Hunter, representing the Sugarloaf Property Owners' Association; Ron Miller, Diane Beruldsen, and Sloan Bashinsky. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice approving the item. Roll call vote was unanimous. 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 Isabel C. DeSantis, Deputy Clerk 2011 ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE: Library Advisory Board a. February - Rice b. April - Carruthers c. June - Wigington d. August - Neugent e. October - Rice £ December - Murphy (2/15/11 — Marathon EOC Joint & Regular) (4/26/11 —Key West Library) (6/28/11 —Big Pine Key Library) (8/2/11 — Marathon Library) (10/25/11 — Islamorada Library) (12/20/10 — Key Largo Library) *At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to the meeting area nearest them. All meetings begin at 10:30 AM. 2. Older American Advisory Board a. January - Carruthers b. February - Wigington C. March - Murphy d. April - Neugent e. May - Rice f. June - Carruthers g. July - OAAB Vacation (each year) h. August - OAAB Vacation (each year) i. September - OAAB Vacation (each year) j. October - Wigington k. November - Murphy 1. December - Neugent * All meetings are held at the Marathon Library starting at 10:00 A.M. JI" FISCAL YEAR 2011 COMMISSIONERS' APPOINTMENTS Annrnvarl 49mgmn NAME OF COMMITTEE CURRENT /PREVIOUS COMMISSIONER NEW fOMMISSIONER COMMISSIONER WIGINGTON'S' ^COMMISSIONER COMMISSIONER COMMISSIONER COMMISSrnNEu � ,...,..o PREFERENCES NEUGEN7" S PREFERENCES CARRUTHERS' PREFERENCES RICE'S PREFERENCES PREFERENCES Affordable Housing Advisory Committee Murphy Murphy Alliance For Aging Murphy Murphy Arts Council Carruthers Murphy Audit Selection Committee Wigington Wigington Circuit 16 Juvenile Justice Board Carruthers Murphy Criminal Justice Mental Health Substance Abuse Policy Council Murphy This committee was reestablished on 9/15/10. Chairperson or their appointed Environmental Impact Statement Wigington Wigington designee sit on this Board. Oversight Committee This committee was added at Fire & Ambulance Taxing District 1 a. Wigington a. Murphy the 06/17/10 meeting Board of Governors b. Murphy b. Neugent Need to select three c. Carruthers c. Rice Commissioners. Florida Association of Counties Neugent Neugent Board of Directors Florida Keys Council for People with Murphy Murphy Disabilities Key West Airport Ad Hoc Committee Wigington Wigington Marine and Port Advisory Committee Neugent Neugent Marine Sanctuary Water Quality Wigington Neugent Steering Committee Marine Sanctuary Advisory Council a. Neugent a. Neugent b. Carruthers b. Carruthers Monroe County Community Alliance Carruthers Carruthers NAME OFCOMMITTEE CURRENT /PREVIOUS NEW COMMISSIONER COMMISSIONER COMMISSIONER ONER COMMISSIONER COMMISSIONER COMMENTS COMMISSIONER COMMISSIONER WIGINGTON'S NEUGENT'S CO C MMISSI ERS' RICE'S MURPHY PREFERENCES PREFERENCES PREFERENCE S Monroe County L PREFERENCES PREFERENCES o al C c oordmatme Board _ T.r— .—t for the Transportation Disadvanta ed ... Ncugeni Smal] County Coalition a. Neugent a. Neugent South Florida Regional Planning Council b. Di Gennazo b. Rice Alternate Alternate a. Neugent a. Neugent g b. Carruthers b. Carruthers c. Murphy – c. Rice - Alternate Alternate South Florida Water Management District a. Murphy a. Murphy Y b. Wigington– b. Wigington - Alternate Alternate Substance =Abuse cy Board Murphy Murphy Tourist Development Council Murphy Carruthers aBoard. on or their Value Adjustment Board designee sit on this a. Di Gennaro Murphy b. Murphy t Iht .a , ud, €z= o c. Neugent - b =< Ck to tf z Alternate ,; 1 :V €cl naic Voter Canvassing Board Murphy Carruthers Chairperson has to sit on this VARIOUS OTHER APPOINTMENTS/NOTES Rural Health Network Commissioner Murphy was appointed 12/17/08. Terms have no expiration dates. Industrial Development Authority Chairperson — Mayor Heather Carruthers Vice - Chairperson — Mayor Pro Tern David Rice Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Kim Wigington • MAYOR CARRUTHERS as the point person between the Board of County Commissioners and Representative Saunders for one year. • COMMISSIONER MURPHY to represent the Board on issues concerning highway safety and beautification, including the 18 Mile Stretch of U.S. 1 and to be our State and Federal government liaison on these issues. • COMMISSIONER RICE to serve with the Florida Commission on Veterans Affairs. • COMMISSIONER RICE to be the Board's liaison (point person) for wastewater issues. • COMMISSIONER CARRUTHERS to be the Board's liaison with Senator Bullard. • COMMISSIONER MURPHY to serve as a representative on a working group to address hurricane evacuation in the Florida Keys. • COMMISSIONER WIGINGTON as the point person between the Board of County Commissioners and the Navy with regards to Navy related issues.