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01/19/2011 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 19, 2011 Key West, Florida 2011/1 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 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; Pamela G. Hancock, Deputy Clerk; County Staff members of the press and radio; and the general public. PRESENTATION OF AWARDS Item B 1 Presentation of Years of Service Award for 25 years of service to Tom Hambright, Librarian, Local History, Key West Library. Item B2 Presentation of Employee Service Award for November, 2010 to Louise Basham, Insurance Specialist, Employee Services Division, Employee Benefits, Key West. Item B3 Presentation of Mayor's Proclamation declaring January 2011 as Sculpture Key West month. Item B4 Presentation of Mayor's Proclamation declaring February 5, 2011 as Key West International Airport Appreciation Day. MISCELLANEOUS Captain Patrick deQuattro, United States Coast Guard, gave the Board an update on Deep Water Horizon. Captain deQuattro announced a seminar for Maritime Pollution Response and Planning on the 17th of February at the Marathon Government Center and that all elected officials, across all municipalities in Monroe County, will be invited as well as the public will be invited. The Board presented Captain deQuattro with an Honorary Conch Certificate and a gold conch shell. ADDITIONS, CORRECTIONS, DELETIONS Item A Motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. 2011/2 BULK APPROVALS Motion was made by Commissioner Wigington and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Item C 1 Board adopted the following Resolution amending Resolution No. 007 -2009 in order to provide for a cremation approval fee, charged by the District 16 Medical Examiner. RESOLUTION NO. 001-2011 Said Resolution is incorporated herein by reference. Item C2 Board adopted the following Resolution establishing a Climate Change Advisory Committee to make recommendations regarding climate change mitigation and adaptation strategies. A sunset date of October 1, 2013 is established. RESOLUTION NO. 002-2011 Said Resolution is incorporated herein by reference. Item C3 Board granted approval of a Workers' Compensation settlement in the amount of $145,000 (inclusive of attorney fees and costs) for file #27100700 -MP. Item C4 Board granted approval and authorized execution of Amendment #3 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. Item C5 Board adopted the following Resolutions for the transfer of funds and for the receipt of unanticipated revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 003 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 004-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 005-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 006-2011 Said Resolution is incorporated herein by reference. 2011/3 Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 007-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 008-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 009-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 010-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 011-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 012-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 013 -2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 014-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 015-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 016-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 017-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). 2011/4 RESOLUTION NO. 018-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 019 -2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 020-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 021-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 022-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 023-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 024 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 025-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 026-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 027-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 028-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 029-2011 2011/5 Said Resolution is incorporated herein by reference. Item C6 Board granted approval and authorized execution of a Business Associate Agreement between Monroe County and Advanced Data Processing, Inc. d/b /a ADPI - Intermedix Corporation consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 (HIPPAA), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XII Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (HITECH Act). Item C7 Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and the City of Miami dated July 8, 2010 concerning a United States Department of Homeland Security's Office of Grants & Training (OG &T), through the State of Florida Division of Emergency Management (FDEM) sub -grant Agreement # I IDS- 32- 11 -23 -02 -233 in the amount of $312,472.00 with no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C8 Board granted approval and authorized execution of a Federally- Funded Subgrant Agreement #11 DS- 9Z- 11 -54 -01 between Monroe County and Florida Division of Emergency Management (FDEM) in the amount of $8,500.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C9 Board adopted the following Resolution to adopt the 2010 Final Draft Update of the Local Mitigation Strategy as required by State and Federal Regulations to qualify for certain mitigation grant funding. RESOLUTION NO. 030-2011 Said Resolution is incorporated herein by reference. Item CIO Board granted approval and authorized execution a Renewal Agreement between Monroe County and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an emergency medical services (EMS) training environment. Item Cl I Board granted approval to award bid and authorized execution of a Contract between Monroe County and U.S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Plantation Key Government Center, Monroe County. Item C12 Board granted approval for staff to apply for DAC1 /TDC capital project funding to expand the African Memorial Cemetery at Higgs Beach. Item C14 Board granted approval to amend and authorized execution of the second and final option to renew the Contract between Monroe County and Master Mechanical Services, Inc. for central air - conditioning maintenance and repair for Upper Keys facilities. 2011/6 Item C15 Board granted approval and authorized execution of Task Order No. PW -HDR -001 between Monroe County and HDR Engineering, Inc. for providing Investment Grade Audits, design, contract administration and reporting services to enable the County to comply with Task 6 and all attachments of the Florida Energy and Climate Commission Grant Agreement No. ARSO10. Item C16 Board granted approval and authorized execution of a Contract between Monroe County and Gardens of Eden of the Florida Keys, Inc. for landscaping services at the Key West International Airport. Item C17 Board granted approval of USA Parking System, Inc. budget for parking lot management for the Key West International Airport, for the period December 1, 2010 through November 30, 2011. Item C19 Board granted approval and authorized execution of Change Order No. 1 between Monroe County and Quality Enterprises USA, Inc. for removal of additional muck discovered during the construction of the Runway Safety Area at Key West International Airport. Item C20 Board granted approval to submit a response to a Request for Proposal (RFP) to the Alliance ]or Aging, Inc. for the Community Care for the Elderly (CCE), Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative (ADI) Grants for approximately $550,000.00. Item C21 Board granted approval to issue a Request for Proposal (RFP) to provide direct in -home services for the elderly and disabled as provided under grants to Monroe County from the Alliance for Aging (e.g., CLP, CCE, HCE, and ADI) and the Florida Department of Children and Families (e.g. CCDA). Item C22 Board granted approval and authorized execution of a Vendor Agreement between Monroe County Social Services and Newtrition Concepts, Inc., to provide nutrition consultation services. Item C23 Board granted approval and authorized execution of Amendment to Agreement between Monroe County and G.A. Food Service, Inc. which renews the Agreement for another year at a price: of $3.41 per meal. Item C24 Board granted approval and authorized execution of Master Agreement 1- FYZ6ES between Monroe County and AT &T which provides the terms and conditions that govern goods an services purchased by the Board of County Commissioners from AT &T. Item C25 Board granted approval and authorized execution of a Contract between Monroe County and Grader Mike, LLC, for the Boca Chica Road Restoration project located in Boca Chica Key. 2011/7 Item C26 Board granted approval and authorized execution of a Local Agency Program Agreement between Monroe County and the Florida Department of Transportation (FDOT) to provide funding for engineering design, permitting and construction of repairs to Bridge #904310 Old SR940 Leg A on Big Pine Key. Item C27 Board granted approval and authorized execution of a Task Order between Monroe County and ADA Engineering, Inc. for engineering design and permitting services for the Tom's Harbor Channel Bridge Repair project. The task order is being awarded under the On Call Professional Engineering Services contract with ADA Engineering, Inc. Item C28 Board granted approval to advertise a Request for Qualifications (RFQ) for engineering design services for the Key Largo US Bayside Trail Project (MM 100 - MM 106). Item C30 Board granted approval and authorized execution of a Contract between Monroe County and Bella Construction of Key West, Inc., for the replacement of the Perimeter Fencing at the West Martello Towers. Item C31 Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Said report is incorporated herein by reference. Item C33 Board granted approval to purchase 40 Lenovo personal computers; and with 60 flat screen monitors per quotation #K96423 from Lenovo. TOURIST DEVELOPMENT COUNCIL Item D 1 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase I project to extend termination of Agreement to January 31, 2011. Item D2 Board granted approval to advertise the FY 2012 Monroe County Tourist Development Council Bricks and Mortar /Capital Projects Request for Funding Application. DIVISION OF GROWTH MANAGEMENT Item J1 Board granted approval to negotiate a 5 -year continuing services Contract with URS Corporation Southern (URS), URS was the highest ranked firm for RFQ -GMD- 278 -87- 2010- PUR/CV - Transportation Planning Services for Monroe County. If unable to negotiate successfully with URS, approval to negotiate with the next highest ranked firm F.R. Aleman. Item J2 Board granted approval and authorized execution of DEP Agreement No. MV022 between Monroe County and Florida Department of Environmental Protection (DEP) providing Clean Vessel Act Program (CVA Program) funding in the amount of $60,000 for maintenance repair, and sewage hauling costs for the County pumpout vessel through September 7, 2012. 2011/8 Item J3 Board granted approval of the selected contractor, Dot Palm Landscaping, Inc., and authorized execution of a Contract for Professional Services between Monroe County and Dot Palm Landscaping, Inc. for the removal of invasive exotic plants from Monroe County conservation lands. COMMISSIONERS' ITEMS NI Board granted approval of Commissioner Rice's appointment of William Wiatt to the Planning Commission as the District 4 representative. This is a new full -term District 4 appointment to run concurrently with the incoming Commissioner's term. N2 Board granted approval of Commissioner Rice's re- appointment of Brad Trout to the Library Advisory Board as the District 4 representative, with a term expiring January 1, 2014. N3 Board granted approval of Commissioner Wigington's appointment of William Hunter to the Marine and Port Advisory Committee. Mr. Hunter was appointed to fulfill the term of Robert C. Mongelli which expires May 15, 2013. N4 Board granted approval of Commissioner Murphy's re- appointment of Bill Loewy to the Monroe County Shared Asset Forfeiture Committee, with a term expiring December 20, 1012. COUNTY CLERK Item 02 Board granted official approval of the Board of County Commissioner's minutes from the Regular Meeting of November 17, 2010; and Special Meeting of November 12, 2010 (previously distributed). Item 03 Board granted approval of the following Warrants: (105976 - 106020 and 557772 - 558824) General Fund (001), in the amount of $4,885,736.77; Fine & Forfeiture Fund (101), in the amount. of $9,302,428.70; Road and Bridge Fund (102), in the amount of $52,203.51; TDC District: Two Penny (115), in the amount of $354,813.13; TDC Admin. & Promo 2 Cent (116), in the amount of $240,696.21; TDC District 1,3 Cent (117), in the amount of $172,249.30; District 2,3 Cent (118), in the amount of $18,910.80; TDC District 3,3 Cent (119), in the amount of $63,234.09; TDC District 4,3 Cent (120), in the amount of $21,527.36; TDC District 5,3 Cent (121), in the amount of $43,895.46; Gov. Fund Type Grants (125), in the amount of $625,253.48; Fire & Amb District 1 L &M Keys (141), in the amount of $324,343.77; Upper Keys Health Care (144), in the amount of $26,523.50; Uninc Svc Dist Parks & Rec (147), in the amount of $50,027.29; Plan, Build, Zoning (148), in the amount of $259,947.62; Municipal Policing (149), in the amount of $1,532,486.58; Duck Key Security (152), in the amount of $6,048.12; Local Housing Assistance (153), in the amount of $30,791.52; Boating Improvement Fund (157), in the amount of $46,748.16; Misc. Special Revenue Fund (158), in the amount of $28,543.77; Environmental Restoration (160), in the amount of $1,992.62; Drug Abuse Trust (164), in the amount of $2,911.98; Marathon 2011/9 Municipal Services (166), in the amount of $24,824.81; Big Coppitt Wstewter MSTU (169), in the amount of $4,288.75; Stock Island Wastewater (171), in the amount of $591.44; Duck Key MSTU (176), in the amount of $998.75; Building Fund, (180), in the amount of $9,986.25; 1 Cent Infra Surtax (304) in the amount of $69,853.72; Infr Sls Srtx Rev Bds2007, (308), in the amount of $644,343.38; Duck Key Wastewater (311), in the amount of $424,324.53; Card Sound Bridge (401), in the amount of $3,631.97; Marathon Airport (403), in the amount of $60,934.68; :Key West Intl. Airport (404), in the amount of $276,766.88; KW AIP Series 2006 Bonds (405), in the amount of $7,456.50; PFC & Oper Restrictions (406), in the amount of $523,901.61;, MSD Solid Waste (414), in the amount of $1,195,836.35; Worker's Compensation (501), in the amount of $6,415.68; Group Insurance Fund (502), in the amount of $297,904.38; Risk Management Fund (503), in the amount of $94,724.88; Fleet Management Fund (504), in the amount of $86,981.44; 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 f'or bids. Said schedule is incorporated herein by reference. Item 05 Board granted approval of TDC expenditures for the month of December, 2010: Advertising, in the amount of $5,001.03; Bricks & Mortar/Interlocal Projects, in the amount of $117,750.68; Visitor Information Services, in the amount of $108,016.00; Events, in the amount of $244,198.09; Office Supplies & Oper Costs, in the amount of $45,962.39; Personal Services, in the amount of $94,555.12; Public Relations, in the amount of $146,707.07; Sales & Marketing, in the amount of $112,649.54; Telephone & Utilities, in the amount of $24,669.29; Travel, in the amount of $15,765.14. COUNTY ADMINISTRATOR Item P3 Board granted approval and authorized execution of the Fourth Amendment to Agreement between Monroe County and Cardenas Partners, LLC extending the term for one (1) additional year. COUNTY ATTORNEY Item Q5 Board granted approval and authorized execution of Modifications to the Memorandumn of Agreement between Monroe County and Florida Department of Transportation (DOT), to remove certain areas from the lease of lobster & crab trap storage areas, and to revise other areas; to clarify the effect of a fence installed by Office of Greenways and Trails (DEP); and to clarify the need for delineation of the areas in the new Exhibit A (Areas 5 & as revised), and that motorized vehicles are not allowed on the Heritage Trail. Item Q6 Board granted approval and authorized execution of an Amendment to Memorandum of Agreement between Monroe County and Organized Fishermen of Florida, Inc. (OFF), to remove certain areas from the lease of lobster & crab trap storage areas, and to revise other areas & to institute a mechanism to force proper maintenance of the areas. 2011/10 Item Q 10 Board granted approval and authorized execution of an Agreement for Expert Witness Services between Monroe County and Terramar Environmental Services, Inc. in connection with regulatory takings cases filed against Monroe County, including: Collis, et.al. v. Monroe County v. State of Florida (Circuit Court Case No. CA -M -04 -379); Lightner, et.al. v. Monroe County (Circuit Court Case No. 2007 -CA- 280 -K); and Lloyd A. Good v. Monroe County (Circuit Court Case No. CA -K -0 1 -977. (The agenda was re- opened later in the meeting to attach the proper back -up to this item). Motion carried unanimously. MISCELLANEOUS Tim l ,'oenig, representing the Flagler Village Affordable Housing Project gave a brief update on the project. 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 Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, Councilwoman Kate Scott (alternate) and City of Layton Councilman Clark Snow. Absent was City of Layton Mayor Norman Anderson. Motion was made by Commissioner Murphy and seconded by Councilman Snow to appoint Commissioner Neugent as Chair to the Board of Governors. Motion carried unanimously. Item G2 Jim Callahan, Monroe County Fire Chief addressed the Board. Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of a Business Associate Agreement between Monroe County and Advanced Data Processing, Inc. d/b /a ADPI - Intermedix Corporation consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 (HIPPAA), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XII Division A and Title IV of Division B of the American Recovery and Reinvestment. Act of 2009 (HITECH Act). Motion carried unanimously. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. E3 REVISION 2011/11 The Board of County Commissioners meeting reconvened with all Commissioners present:. MISCELLANEOUS BULK APPROVALS Item C29 Board discussed approval of an Agreement for Consulting Services with Edward Dugger & Associates, P.A., for an Acoustic Study in the Courtrooms at the Freeman Justice Center. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval and authorizing execution of the item. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Item J4 Christine Hurley, Growth Management Director addressed the Board concerning a Resolution authorizing the Growth Management Division Director to extend the period of expiration for ROGO/NROGO Allocations to allow building permit revisions for onsite sewage treatment and disposal systems or for anticipated central sewer service availability and authorizing the issuance of building permits where central sewer service will be available within six months. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Resolution, as revised to include language that applicants sign an affidavit so that the county and taxpayers would not be financially responsible for these extensions. Motion carried unanimously. RESOLUTION NO. 031 -2011 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES /MISCELLANEOUS BULK APPROVALS DIVISION OF GROWTH MANAGEMENT Item L1 Kevin Wilson, Senior Director, Engineering Division made a power point presentation for funding plans and assessment planning for wastewater treatment services for the Cudjoe Regional Wastewater Plant area. James Reynolds, Executive Director, Florida Keys Aqueduct Authority addressed the Board. The following individuals addressed the Board: Bill Hunter, representing Sugarloaf Shores Property Owners Association; Sloan Bashinsky, Christine Russell, and Bob Eadie, representing the Monroe County Health Department. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent for now up until 2015 the assessment for the central and for the onsite systems is $5,700 for the Cudjoe Regional Wastewater Plant area, subject to change at the end of 2015. Motion carried unanimously. Item C32 Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval and authorizing execution of Amendment 1 between Monroe County and Government Services Group, Inc. (GSG) for the Development and Administration of Non Ad- valorem Assessment Program. Motion carried unanimously. Item J5 Board discussed approval to ratify comments sent on proposed rules 28- 20.130 and 28- 20.140, Florida Administrative Code being promulgated by the Department of 2011/12 Community .Affairs related to the Florida Keys Area of Critical State Concern, by the administrator on January 10, 2011 or approval to revise and transmit revised comments under Mayor signature. Rules are expected to be adopted by the Governor and Cabinet May 17, 2011 and become effective July 1, 2011. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the letter. Motion carried unanimously. COUNTY ATTORNEY Item Q2 Lisa Grainger, Assistant County Attorney addressed the Board concerning the request by property owner, Shawn Renz, to reduce a one time fine of $3,900 ordered by the Code Compliance Special Magistrate in Code Case #CE10040092 for irreparable & irreversible first time violations of the County's vacation rental ordinances to $975 (25% of one time fine). Attorney Lee Rohe, representing Shawn Renz; and Mr. Renz addressed the Board. Danny L. Kolhage, Clerk, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded. by Commissioner Murphy to deny the request and that if it's not paid within 90 days that the lien foreclosure will begin. Motion carried unanimously. PROJECT MANAGEMENT/MISCELLANEOUS BULK APPROVALS Item I1 Jerry Barnett, Director Project Management addressed the Board. William Horn, William P. Horn Architect, P.A. made a presentation of record for the Master Plan Redevelopment of Higgs Beach Park. The following individuals addressed the Board: Sloan Bashinsky, Teri Johnsonton, representing City of Key West; Roger McVeigh, representing the Friends of Higgs Beach, Inc.; Elsa Colligan, Suzanne Sullivan, representing Key West Garden Club; Sam Kaufman, Ben Harrison, Tom Coward, Bethany Smith - Martin, Christine Russell, Gene S. Tinniie, Richard Klitenick, Richard Hatch, Donna Bosold, representing SKW; and Michael Behrnke, representing Friends of Higgs Beach. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to accept the Phase I Plan and to move forward on Phase II, preserve the Australian Pines, with the cavaet that no monies spent will be county ad valorem or infrastructure sales tax. Motion carried unanimously. Item C 13 Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval for staff to apply for DAC 1 /TDC capital project funding for Phase I Playground Equipment on the beachside of Higgs Beach and approval to advertise the project contingent upon DACI /TDC approval. Motion carried unanimously. CLOSED SESSION Item H1 Suzanne Hutton, County Attorney announced a closed attorney - client session pursuant to Section 286.011(8), Florida Statutes in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CA K 10 -1050. The persons attending the meeting will be; the County Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Jr., Assistant County Attorney Christine Limbert- Barrows and a certified court reporter. 2011/13 Item H2 Suzanne Hutton, County Attorney announced a closed attorney- client session pursuant to Section 286.011(8), Florida Statutes in the matter of Key West HMA, LLC v. Monroe County, Case No. CA K 09 -2158. The persons attending the meeting will be; the County Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Jr., and a certified court reporter. COUNTY ATTORNEY Item Q 10 Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to reopen the agenda and attach the correct back -up with Item Q 10, and to include the attestation clause. Motion carried unanimously. PUBLIC HEARINGS Item R1 A Public Hearing was held to consider adoption of an Ordinance amending Section 18 -27, Monroe County Code, in order to add Watson Field Park to the list of County parks, establish the boundaries of Watson Field Park, establish hours of operation for Watson Field Park, establish an area where pets are allowed at Watson Field Park and provide for rules and regulations for use of Watson Field Park; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. There was no public input. Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 001-2011 Said Ordinance is incorporated herein by reference. Item R2 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 26, of the Monroe County Code (Waterways) to provide for "No Motor Zones" and consistent signage; providing for severability and repeal of inconsistent provisions; providing for filing with the Secretary of State; providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 002-2011 Said Ordinance is incorporated herein by reference. Item R3 A Public Hearing was held to consider approval of a Development Agreement and related Resolution between Banyan Grove Development Corporation (Spottswood Partners, Inc.) and Monroe County pursuant to Monroe County Code Section 130 -161.1 to build 48 units of deed - restricted affordable units and allow the transfer of 48 market rate units and 14,219 sq. ft. of NROGO within the Lower Keys Sub -area at approximately Mile Marker 4.75 in Stock Island, which is legally described as Square 29 and Block 26, Lots 5 -16, Part of Lot 4, Part of Lot 17, 2011/14 Maloney Subdivision (PB1 -55), also known as parcels A and B; a vacated portion of East Laurel Avenue; and a vacated portion of Fourth Street RE #00124140.000000. Christine Hurley, Growth Management Director addressed the Board and advised of the following changes to the Development Agreement: Page 5, F7 change the wording as follows: Eligible building permit applieation and other eo fees charged at the time of permitting shall be waived for the construction of the affordable housing. Page , 6, G6(a) i. change the wording as follows: Very Low Income. Not exeeed 3 9 Represents 2, 3 percent of the median income; or Page 6, G6(a) ii. change the wording to: Low Income. Not to exeeea '^ Represents 60 percent of the median income; or Page 6, add G6(a) iv. The monthly rental amounts shall be in compliance with the Low Income Housing Tax Credit (LIHTC) maximum rental rates Donald Craig, representing Banyan Grove Development and Susan Grimsley, Assistant County Attorney addressed the Board. The following individual addressed the Board: Christine Russell. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution and granting approval and authorizing execution of the Agreement, as revised. Motion carried unanimously. RESOLUTION NO. 032-2011 Said Resolution is incorporated herein by reference. Item R4 Staff requested that the Public Hearing to consider an Ordinance by the BOCC amending Monroe County Code Section 101 -1, Definitions, 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 consistently between the definitions of height and grade in the land development code to clarify from where measurements are to be taken be continued to the February 16, 2011 meeting in Key Largo, at 3:00 p.m. Motion was made by Commissioner Wigington and seconded by Commissioner Rice to continue the item to the Key Largo meeting. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Item K2 Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution reserving forty-eight (48) affordable housing dwelling unit allocations for Banyan Grove Development Corporation for use on property located at mile marker 5, Stock Island, RE# 00124140.000000; setting terms and conditions. Motion carried unanimously. RESOLUTION NO. 033-2011 2011/15 Said Resolution is incorporated herein by reference. Item K3 Board discussed the approval of a waiver of building permit fees for 48 affordable housing units, to be built at 5455 MacDonald Avenue on Stock Island (RE# 0012410- 000000) by Banyan Grove Development Corporation, owned by Spottswood Partner, Inc., conditioned on use of LIHTC funding or other state or federal funding. The following individuals addressed the Board: Kay Thacker, Bill Hunter, Ron Demes, representing Naval Air Station Key West; and Donald Craig, representing Banyan Grove Development. After further discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item K4 Christine Hurley, Growth Management Director introduced Michael Davis and Debbie Love from Keith & Schnars. Michael Davis, Vice - president and Debbie Love, Project Manager of Keith & Schnars made a presentation of the data and analysis contained within the updated DRAFT Technical Document and Map Atlas to the new planning period being analyzed (2010 -2030) ]for inclusion into the Comprehensive Plan through the Evaluation and Appraisal report. Ron Demes, representing Naval Air Station Key West addressed the Board. The Board took no official action. SOUNDING BOARD Item MI David Horan addressed the Board concerning the county's gift policy. The Board took no official action. DIVISION OF GROWTH MANAGEMENT Item K Rich Jones, Marine Resources Administrator discussed the County Vessel Pumpout Program, including a description of pumpout facilities currently available throughout the Keys and consideration of options for the future provision of mobile pumpout services to more effectively provide for the needs of the boating public. David Horan, representing the National Marine Waste Foundation addressed the Board. Suzanne Hutton, County Attorney; Roman Gastesi, County Administrator; and Christine Hurley, Growth Management Director addressed the Board. The Board directed staff to go out for an RFP (Option II - Out - sourcing of services) and to bring a recommendation to the Board in March. The following individual addressed the Board: Bill Hunter. PUBLIC HEARINGS Item S 1 Staff requested that the second of two Public Hearings to consider an Ordinance amending 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 be continued to the February 16, 2011 meeting in Key Largo. Motion was made by Commissioner Wigington and seconded by Commissioner Rice to continue the item to the Key Largo meeting. Motion carried unanimously. 2011/16 COMMISSIONERS' ITEMS Item N5 James Baker, President of Air Star Airways addressed the Board concerning approval of P1ayGround Entertainment, Inc. d/b /a Bahamas Express, Charter Operator and ADF Charter Corp. d/b /a AirStar, AirStar Executive Airways, Direct Air Carrier to provide scheduled flight operations at the Florida Keys Marathon Airport between Fort Lauderdale, Florida and Marathon, Florida; to use counter, office space, passenger departure and arrival areas in the terminal building, the commercial ramp for arriving and departing aircraft and overnight parking of company aircraft; and to have applicable standard rates and charges waived for the aforementioned facilities use for a period of one year from the date of commencement of service; contingent upon compliance with Monroe County Administrative Instruction 2301.5, Commercial Airline Application Procedure for Monroe County Airports, and review and approval by the County Attorney and appropriate County staff. James "Reggie" Paros, Florida Keys Marathon Airport Director addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. STAFF REPORTS Item E 1 Peter Horton, Director of Airports advised the Board that the 2010 Enplanements & Deplanements Numbers for the Key West International Airport are up 22.5% for 2010 over 2009 in bulk passengers, that's 103,000 passengers more than last year. He also advised that the numbers meant more airport revenue and about another half a million dollars of AIP funds and about another two - hundred fifty thousand of PFC funds all of which can go towards paying off the new terminal project. COUNTY ATTORNEY Item Q3 The Board postponed the discussion of charter government and possible direction to staff regarding steps, if any, to be taken to the February 16, 2011 meeting in Key Largo, with a time certain. Item Q4 The Board deleted from the agenda approval of settlement agreement in the matter of Key West MMA, LLC v. Monroe County, CAK 09 -2158 as the County Attorney's Office is not ready to go forward with the settlement agreement. COUNTY ADMINISTRATOR Item P2 The Board appointed Commissioner Murphy and Commissioner Rice to the 2011 Value Adjustment Board, with Commissioner Neugent serving as an alternate. COUNTY ATTORNEY 2011/17 Item Q7 Rick Boettger addressed the Board. Bob Shillinger, Chief Assistant County Attorney and Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of an Agreement for Professional Services between Monroe County and Carr, Riggs & Ingram, LLC in connection with Monroe County and Roman Gastesi v. Stand Up for Animals, .Inc., Circuit Court Case No. CAK -10 -1050. Motion carried unanimously. Item Q8 Suzanne Hutton, County Attorney discussed approval to prepare and submit an Expression of Interest to the Federal Highway Administration (FHA) to set forth the County's interest in pursing an agreement whereby a toll could be placed on US 1 on Key Largo and a portion of the toll proceeds could be used for wastewater and stormwater. Roman Gastesi, County Administrator addressed the Board. The following individual addressed the Board: Pauline Klein. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to send the letter to FHA and to include reuse. Roll call vote carried unanimously. Item Q 11 Bob Shillinger, Chief Assistant County Attorney addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution calling on the U.S. Congress to amend the National Flood Insurance Act to direct FEMA to refrain from issuing flood insurance for new construction on vacant properties which contain suitable habitat for threatened and endangered species and authorizing staff and Cardenas Partners to initiate efforts to lobby Congress to assist with this initiative. Roll call vote carried unanimously. RESOLUTION NO. 034-2011 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 Pamela G. Hancock, Deputy Clerk