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06/15/2011 Special2011/95 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 15, 2011 Marathon, Florida A 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; 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 Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B1 Presentation of Employee Service Award for the month of January to Michael Roberts, Sr. Administrator, Environmental Resources. Item B2 Presentation of Employee Service Award for the month of March, 2011, to Holly Pfiester, Sr. Project Management/ Wastewater Technician. Item B3 Presentation of Mayor's Proclamation observing the 20th anniversary of Leadership Monroe County. BULK APPROVALS Motion was made by Commissioner Wigington and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Item C1 Board adopted the following Resolution by the Monroe County Board of County Commissioners to clarify the membership on the Climate Change Advisory Committee (CCAC) and to repeal the prior Resolution 02-2011. RESOLUTION NO. 149-2011 Said Resolution is incorporated herein by reference. 2011 /96 Item C3 Board granted approval and authorized execution of Amendment #0002 to the Community Care for Disabled Adults (CCDA) Contract #KG-065 (7/l/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 C4 Board granted approval to extend existing contract with Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association to provide direct care services (Chore, Homemaking, Personal Care, and Respite). Item C5 Board granted approval and authorized execution of Amendment 002 to the Visiting Nurse Association (VNA) Contract (7/1/11-12/31/11) between Monroe County Board of County Commissioners (Social Services/In-Home Services) and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association. Item C6 Board granted approval and authorized execution of the Community Care for Disabled Adults (CCDA) Contract #KG-066 (7/l/11-6/30/12) between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services). Item C7 Board granted approval and authorized execution of Amendment #2 to the Contract with Paradise Divers, Inc. for the Temporary Ferry Service to Pigeon Key to extend the term of the contract to expire on June 30, 2012. Item C8 Board granted approval to advertise a Request for Proposals (RFP) for constructing and maintaining bus shelters on County and DOT rights of way for the purpose of selling and placing advertising within shelters. Item C9 Board granted approval to negotiate a contract with Metric Engineering, Inc., for Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path Project. If negotiations fail, approval to continue negotiating with the next highest ranked firm until successful negotiations are achieved. Item C10 Board adopted the following Resolution requesting Florida Department of Transportation (FDOT) to surplus and convey three (3) right of way parcels to Monroe County for the purpose of constructing components of the Cudjoe Regional Wastewater System. RESOLUTION NO. 150-2011 Said Resolution is incorporated herein by reference. Item C 11 Board granted approval and authorized execution of a First Amendment to Contract with Bender & Associates Architects, P.A. for additional services for re -design and architectural drawings for a section of fencing at the West MartelloTower. Item C 12 Board granted approval to use Impact fees from District 1 for the Design, Survey, & Geotechnical services to elevate the soccer field and improve drainage at Bernstein Park. 2011 /97 Item C13 Board granted approval and authorized execution of a Fourth Amendment to Contract with William P. Horn Architect, P.A. for design and construction documents for the beachside playground in Phase 1 of Higgs Beach redesign. Item C 14 Board accepted the monthly report on Change Orders reviewed by the County Administrator's Office. Item C 15 Board adopted the following various Resolutions for the Transfer of Funds and Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 151-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 152-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 153-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 154-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 155-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 156-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 157-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 158-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 159-2011 2011/98 Said Resolution is incorporated herein by reference. Transfer of Funds (Schedule Item No. 10). RESOLUTION NO. 160-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 161-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 162-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 163-2011 Said Resolution is incorporated herein by reference. Item C 16 Board granted approval to amend and renew the existing bio-diesel fuel contract with Dion Oil Company for delivery of bio-diesel fuel for one additional year. Item C 17 Board granted approval to execute an Agreement with the Florida Department of Environmental Protection (FDEP) for FDEP Site Rehabilitation Funding and fuel contamination clean up at the Key West Public Works compound. Item C 18 Board granted approval to advertise for bids for the Card Sound Road Restoration Project, Card Sound Road, Key Largo, Florida. Item C21 Board granted approval and authorized execution of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL. Item C22 Board granted approval to award bid and authorized execution of a Contract with Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell Library and Department of Juvenile Justice Building, second floor. Item C23 Board granted approval to award bid and authorized execution of a Contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant for the Roth Building, Monroe County. Item C24 Board granted approval for Solid Waste staff to reduce tipping fees from $120/ton to $86/ton for disposal of illegal fishing gear. This project represents a partnership between the Florida Fish and Wildlife Conservation Commission and the Organized Fishermen of Florida. This is a statewide program operated by the Florida Fish and Wildlife Conservation Commission. 2011 /99 Item C25 Board granted approval of and authorized execution of a Grant Agreement from the Florida Department of Environmental Protection (DEP) for the Consolidated Small County Solid Waste Management Grant funds in the amount of $70,588. Item C26 Board adopted the following Resolution to authorize the submission of the Consolidated Small County Solid Waste Management Grant Application to the Florida Department of Environmental Protection (DEP) for Fiscal Year 2011/2012. RESOLUTION NO. 164-2011 Said Resolution is incorporated herein by reference. Item C27 Board granted approval of additional work by SCS Engineers as required by the Florida Department of Environmental Protection (FDEP) to obtain renewal of the Operation Permit for the Cudjoe Key Lined Landfill cells. Item C29 Board granted approval and authorized execution of a Monroe County Sheriff's Office Off -Duty Employment Contract for the hiring of a deputy to enforce rules and regulations at Harry Harris Park during four (4) holiday weekends each year (Easter, Memorial Day, Fourth of July, and Labor Day). Item C30 Board granted approval and authorized execution of a Second Amendment to the Contract with Safe Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70. Item C31 Board adopted the following Resolution setting rules for use of Bay Drive, Sunset Point, PB 2, Page 81, Key Largo, Florida. RESOLUTION NO. 165-2011 Said Resolution is incorporated herein by reference. Item C32 Board granted approval and authorized execution of a Wastewater Treatment Plant Maintenance Agreement with Conch Wastewater, Inc. for the Florida Keys Marathon Airport at a monthly cost of $585.75. Item C33 Board granted approval of an access letter with Comcast Cable Communications Management, LLC consenting to the installation, operation and maintenance of cable and other equipment by Comcast and at Comcast's sole cost and expense to provide communication services to tenants and other occupants of airport property at 8800 Overseas Highway, Marathon, FL. Item C34 Board granted approval and authorized execution of a Utility Easement to Florida Keys Electric Cooperative, Inc., and The City of Marathon, Florida for an Easement Parcel Located on the Little Venice Wastewater Treatment Facility leasehold at the Florida Keys Marathon Airport. 2011/100 Item C36 Board granted approval and authorized execution of a Settlement Agreement with Charley Toppino & Sons Inc. / Monroe Concrete Products Inc. Item C37 Board granted aproval and authorized execution of Supplemental Lease Agreement No. 1 to Lease No. GS-04B-59817 between Monroe County and the United States of America for the Transportation Security Administration at the Key West International Airport. Item C38 Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and LifeStar Response of Alabama, dba Care Ambulance providing EMS ground services for Key West for mutual emergency services assistance within Monroe County. Item C40 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Base Grant (Contract#12-BG-11-54-01-044) in the amount of $105,806, fully grant funded and no county funding required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C41 Board granted approval and authorized execution of a Community Care for the Elderly (CCE) Contract KC-1171 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/11 to 12/31/11. Item C42 Board granted approval and authorized execution of a Home Care for the Elderly (HCE) Contract KH-1172 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/11 to 12/31/11. Item C43 Board granted approval and authorized execution of Amendment #003 to the Community Care for the Elderly (CCE) Contract KC-1071 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/10 to 6/30/2011. Item C44 Board granted approval and authorized execution of Amendment #003 to the Home Care for the Elderly (HCE) Contract KH-1072 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 7/1/10 to 6/30/11. TOURIST DEVELOPMENT COUNCIL Item D6 Board granted approval and authorized execution of an Amendment to Agreement with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to revise reimbursement of compensation process. 2011/101 Item D7 Board granted approval and authorized execution of a contract with 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Section 2-299 (D)(E). Item D8 Board granted approval of a request to deny any request for waivers of conflict of interest by TDC Board Members or Advisory Committee Members. DIVISION OF GROWTH MANAGEMENT Item I1 Board granted approval to re -appoint Peggy J. Bankester to one (1) additional three (3) year term to the Contractors' Examining Board (CEB) beginning June, 2011. Item I2 Board granted approval to appoint Alesha Lee Scheuerman to one (1) three (3) year term to the Contractors' Examining Board (CEB) beginning June, 2011. Item I3 Board granted approval to appoint William F. Miller to one (1) three (3) year term to the Contractors' Examining Board (CEB) beginning June, 2011. Item I4 Board granted approval to rescind March 16, 2011, BOCC action to execute Local Agency Program (LAP) Agreement Supplemental Agreement #1 with the Florida Department of Transportation (FDOT) to extend the LAP Agreement (FPN# 428017-1) to June 30, 2012, which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels project, as the document is not necessary for the extension approval. Item I5 Board granted approval to rescind agenda item number J3 from the March 16, 2011 BOCC meeting (the incorrect electronic version of the contract was provided to the Clerk), and approve the corrected professional services contract with URS Corporation Southern (URS), retroactive to March 16, 2011, to develop a wayfinding program along the US 1 Florida Keys Scenic Corridor. Item I7 Board adopted the following Resolution of the Monroe County Board of County Commissioners establishing the monetary value of a single Rate of Growth Ordinance/Non-Residential Rate of Growth Ordinance (ROGO/NROGO) allocation system competition point for purposes of payment by applicants in the ROGO/NROGO system with a maximum of 2 points available per application. RESOLUTION NO. 166-2011 Said Resolution is incorporated herein by reference. Item I9 Board adopted the following Resolution by the Monroe County Board of County Commissioners to clarify Private Provider fees and more effectively implement the true costs of providing the services associated with the Private Provider fees within the building permitting and inspection system and adding a legislative extension fee to accommodate permit 2011/102 extension requested in accordance with H137207. RESOLUTION NO. 167-2011 Said Resolution is incorporated herein by reference. Item I10 Board granted approval a process and procedure for the removal of unsafe, unoccupied, non -homestead structures to protect the health, safety and welfare of Monroe County residents. Said document entitled Monroe County Code Compliance - Unsafe, Unoccupied and Non -Homesteaded Uninhabitable Structure Removal Procedure draft as of 4130111 is incorporated herein by reference. COMMISSIONERS' ITEMS Item M3 Board granted approval of Commissioner Wigington's appointment of Mr. Marvin Hunt to the KWIA Ad Hoc Committee on Noise representing the noise makers. COUNTY CLERK Item N2 Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of April 20, 2011 (previously distributed). Item N3 Board granted approval of the following Warrants: (106246 - 106300 and 562626 - 563509) General Fund (001), in the amount of $1,404,817.24; Fine & Forfeiture Fund (101), in the amount of $3,164,041.72; Road and Bridge Fund (102), in the amount of $69,935.82; TDC District Two Penny (115), in the amount of $302,820.83; TDC Admin. & Promo 2 Cent (116), in the amount of $713,134.51; TDC District 1,3 Cent (117), in the amount of $635,497.19; District 2,3 Cent (118), in the amount of $54,471.39; TDC District 3,3 Cent (119), in the amount of $116,442.13; TDC District 4,3 Cent (120), in the amount of $72,246.20; TDC District 5,3 Cent (121), in the amount of $153,698.487; Gov. Fund Type Grants (125), in the amount of $334,947.12; Fire & Amb District 1 L&M Keys (141), in the amount of $65,054.48; Upper Keys Health Care (144), in the amount of $472.36; Uninc Svc Dist Parks & Rec (147), in the amount of $62,424.69; Plan, Build, Zoning (148), in the amount of $34,492.70; Municipal Policing (149), in the amount of $485,260.16; 911 Enhancement Fee (150), in the amount of $45,739.97; Duck Key Security (152), in the amount of $3,880.41; Local Housing Assistance (153), in the amount of $5,287.71; Boating Improvement Fund (157), in the amount of $35,901.29; Misc. Special Revenue Fund (158), in the amount of $73,808.91; Environmental Restoration (160), in the amount of $3,769.89; Drug Abuse Trust (164), in the amount of $2,608.14; Building Fund (180), in the amount of $22,022.64; 1 Cent Infra Surtax (304) in the amount of $380.93; 2003 Revenue Bonds, (307), in the amount of $4,175.00; Infr Sls Srtx Rev Bds2007, (308), in the amount of $9,619.33; Duck Key Wastewater (311), in the amount of $389,869.46; Card Sound Bridge (401), in the amount of $9,643.55; Marathon Airport (403), in the amount of $24,417.32; Key West Intl. Airport (404), in the amount of $248,039.71; KW AIP Series 2006 Bonds (405), in the amount of $558.25; PFC & Oper Restrictions (406), in the amount of $236,255.30; MSD Solid Waste (414), in the amount of $1,145,423.14; Worker's Compensation (501), in the amount of 2011/103 $8,227.46; Group Insurance Fund (502), in the amount of $262,139.42; Risk Management Fund (503), in the amount of $724,938.44; Fleet Management Fund (504), in the amount of $95,428.51; Fire&EMS LOSAP Trust Fund (610), in the amount of $2,055.00. Item N4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Item N5 Board granted approval of Tourist Development Council Expenditures for the month of May, 2011: Advertising, in the amount of $1,264.951.02; Bricks & Mortar/Interlocal Projects, in the amount of $124,341.40; Visitor Information Services, in the amount of $61,101.00; Events, in the amount of $179,508.49; Office Supplies & Oper Costs, in the amount of $41,993.80; Personal Services, in the amount of $189,291.39; Public Relations, in the amount of $81,952.06; Sales & Marketing, in the amount of $86,395.35; Telephone & Utilities, in the amount of $16,562.40; Travel, in the amount of $16,782.29. Item N6 Board granted approval to accept the proposal from Bank of America for the extension of the Letter of Credit associated with the Monroe County, Florida Series 2006 Airport Variable Rate Revenue Bonds. COUNTY ADMINISTRATOR Item 02 Board granted approval for the running of the 31st Annual 7-Mile Bridge Run for Saturday, April 21, 2012 from 6:45 A.M. to 9:00 A.M. COUNTY ATTORNEY Item P2 Board granted approval and authorized execution of an Amendment to Employment Agreement with John Richard Collins, former County Attorney, reforming his prior contracts in order to attribute automobile allowances as regular compensation for FRS calculations pursuant to the original intent of the parties. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C2 The Board discussed an Application Services Agreement between Monroe County and OverDrive, Inc., for the implementation of digital book technology and services in providing eBook, audio book, and multimedia in digital formats for the Monroe County Public Library System patrons. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. Item C 19 The Board discussed advertising of construction bids for Jackson Square Energy Conservation Measures. Dent Pierce, Public Works Director discussed the item and indicated for the record that the grant requirement did not allow any local preference, (Ordinance #: 2011/104 023-2009). After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy granting approval to advertise the item. Motion carried unanimously. Item C20 The Board discussed award of bid and execution of contract, including Add Alternate, to Peach State Roofing, Inc. for the Roofing Improvement Project at the Monroe County Detention Center on Stock Island. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the item. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent approving the item as well as Staff sending notice to the Monroe County Contractor's Association for upcoming construction projects. Motion carried unanimously. COUNTY ADMINISTRATOR Item 04 Karl D. Borglum, Monroe County Chief Property Appraiser provided the Board with an update on Monroe County's 2011 Estimate Comparison of property values. MISCELLANEOUS BULK APPROVALS Item C28 The Board discussed waiving of bid bond requirement and award of bid for a Contract with 3rd Generation Plumbing, Inc. for on -site sewer connection at the Key Largo Community Park in the amount of $38,850. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent approving the item. Motion carried unanimously. Item C35 The Board discussed deductive Change Order #2 from Quality Enterprises USA for the Runway Safety Area project at the Key West International Airport. Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of deductive Change Order #2 from Quality Enterprises USA for the Runway Safety Area project at the Key West International Airport. Motion carried unanimously. Item C39 The Board discussed Emergency Management Performance Grant FY12 Federally Funded Subgrant Agreement 12-FG-11-54-01-111 in the amount of $60,224.00, fully grant funded and no county match, and authorization for the County Administrator to execute any other required documentation in relation to the application process. James Callahan, Fire Chief discussed the item. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed the following items: 2011/105 Item D 1 Agreement with the Greater Marathon Chamber of Commerce, Inc. to provide Visitor Information Services in an amount not to exceed $160,000 per year commencing October 1, 2011. Item D2 Agreement with the Key Largo Chamber of Commerce, Inc. to provide Visitor Information Services in an amount not to exceed $142,000 per year commencing October 1, 2011. Item D3 Agreement with the Lower Keys Chamber of Commerce, Inc. to provide Visitor Information Services in an amount not to exceed $91,200 per year commencing October 1, 2011. Item D4 Agreement with the Greater Key West Chamber of Commerce, Inc. to provide Visitor Information Services in an amount not to exceed $317,867 per year commencing October 1, 2011. Item D5 Agreement with the Islamorada Chamber of Commerce, Inc. to provide Visitor Information Services in an amount not to exceed $150,000 per year commencing October 1, 2011. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the above items. Motion carried unanimously. STAFF REPORTS E1 Airports - Peter Horton, Airports Director reported to the Board the passenger figures for the month of May, 2011 were up 25.4% over the month of May, 2010. Mr. Horton informed the Board that the County's travel application for the Key West International Airport to serve Cuba was denied by the U.S. Customs & Border Protection. EMPLOYEE SERVICES Item G1 The Board discussed allowing Staff to begin negotiating Contracts with Blue Cross Blue Shield of Florida in the area of Medical Plan Administration to include claims administration, utilization review, large case management, disease management, network management and wellness programs and with Envision in the area of Pharmacy Benefit Management. Richard A. Capizzi, Monroe County's Employee Benefit Consultant and Area Assistant Vice President with Gallagher Benefit Services, Inc., gave a presentation to the Board on his evaluation and analysis of the submitted proposals. The following individuals addressed the Board: Richard Legg, representing Wells Fargo; Emilio J. Monte, representing Wells Fargo - Keys Physician Hospital Alliance; Robin Lockwood, M.D., representing Keys Physician Hospital Alliance; Christine Nagy, representing Keys Physician Hospital Alliance; Michael Klitnick , M.D., representing Keys Physician Hospital Alliance; Steven Takas, M.D.; 2011/106 Cannella M. Sebastian, M.D., M.S., representing Blue Cross Blue Shield of Florida; Marie M. Been, RD, JD; Mike Rice, County's Selection Committee Member. Tina Boan, Budget and Finance Director discussed the financial condition of the County's insurance fund. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to allow Staff to begin negotiating contracts with Blue Cross Blue Shield of Florida in the area of Medical Plan Administration to include claims administration, utilization review, large case management, disease management, network management and wellness programs and with Envision in the area of Pharmacy Benefit Management. Roll call vote was taken with the following results: Motion carried. Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Wigington No Mayor Carruthers Yes WASTEWATER Item K1 The Board discussed adoption of a Resolution establishing the wastewater capacity fee for properties developed within the Big Coppitt and Duck Key central service areas after the levy of the non -ad valorem wastewater assessments; providing for a method of adjusting for inflation; providing for a method of collection, and providing for an effective Date. Kevin Wilson, Senior Project Manager discussed the item and read into the record the correct number for the December 2007 CPI-U to be 210.0 not 211.4 (to be inserted on Page 2 of the resolution, Section 1.0, subsection 1_1 Residential Service). Suzanne Hutton, County Attorney discussed the item. The following individual addressed the Board: Bill Hunter, representing the Sugarloaf Shores Property Owner's Association. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy to adopt the following Resolution RESOLUTION NO. 168-2011 Said Resolution is incorporated herein by reference. STAFF REPORTS Item E6 Growth Management - Christine Hurley, Growth Management Director reminded the Board of the scheduled public meetings on June 20, 2011 in Marathon - the first meeting begins at 3:00 P.M. for the Comprehensive Plan Transmittal Hearing and the second meeting begins at 5:00 P.M. for a presentation by Keith & Schnars on the updated Comprehensive Plan Technical Document. Ms. Hurley discussed the final Tier Hearings held on May 4, 2011 and indicated the packet with the changes which were made through the public hearing process have been sent to the Department of Community Affairs for their review. Ms. Hurley reported on other properties that are to be reviewed - undesignated and offshore islands - the Tier Designation Review Committee may reconvene in August or September for recommendations. 2011/107 The Board and Suzanne Hutton, County Attorney and Bob Shillinger, Chief Assistant County Attorney discussed the status of Key Largo Ocean Resorts' (KLOR) Settlement Agreement and the Planning Commission's decision to reschedule the hearing. CLOSED SESSIONS Suzanne Hutton, County Attorney read the required language into the record for the following Closed Sessions: Item H1 An Attorney -Client Closed Session of the Board of County Commissioners was held in the matter of Judi's House, Inc. v. Monroe County, Case No. CA-K-10-187. 1:50 P.M. Item H2 An Attorney -Client Closed Session of the Board of County Commissioners was held in the matter of Galleon Bay Corp. v. Monroe County & State of Florida, Case No. CA-K-02-595. 2:10 P.M. Item H3 An Attorney -Client Closed Session of the Board of County Commissioners was held in the matter of Florida Key Deer v. Craig Fugate, et al., Case No. 90-10037-CIV. GROWTH MANAGEMENT Item J4 Bob Shillinger, Chief Assistant County Attorney indicated that due to the Board's direction during today's Closed Session the subject letter will be modified and added to the June 20, 2011 Special BOCC Meeting agenda being held in Marathon - Discussion and direction to Staff on how to proceed with implementation of the Fish and Wildlife Biological Opinion dated April 30, 2010 as amended December 14, 2010 and authorization for Mayor Heather Carruthers to sign attached letter responding to FEMA's April 14, 2011 letter. In addition, Staff was directed to postpone until further notice the scheduled meeting for Friday (6/17/11) which FEMA is having at the Murray Government Center in Key Largo. COUNTY ATTORNEY Item H4 Motion was made by Commissioner Wigington and seconded by Commissioner Murphy to hold an Attorney -Client Closed Session of the Board of County Commissioners in the matter of Gregory Klimock, et al. v. Monroe County and State Board of Trustees of the Internal Improvement Trust Fund, Case No. 2010-CA-979-K at the Board's meeting on July 20, 2011 in Key West at 1:30 P.M. Motion carried unanimously. PUBLIC WORKS Item F 1 The Board discussed the proposed Residential Solid Waste Rates for Fiscal Year 2011/12. The proposed rate would increase from $396/residence to $432/residence (this rate increase includes $9 which would raise $300,000 per year, for two years, toward a Solid Waste Master Plan). There would also be an increase in Tipping Fees from $120/ton to $130/ton and the Commercial Disposal rate; the proposed increases would be effective October 1, 2011. Dent 2011/108 Pierce, Public Works Director and Beth Leto, Assistant Public Works Director discussed the matter. Rosa Washington, Solid Waste Management Senior Administrator gave a Powerpoint presentation on the Solid Waste Residential FY 2011/2012 Monroe County Proposed Rates. The following individual addressed the Board: Bill Hunter, representing the Sugarloaf Shores Property Owner's Association. Tina Boan, Budget & Finance Director discussed the financial condition of the County's solid waste fund balance. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy to proceed with a new solid waste rate increase of $8.00; eliminate spending $1,000.000.00 toward a Solid Waste Master Plan; and direction to Staff to come back to the Board with a plan that will increase recycling rates and decrease costs going forward. Motion carried unanimously. PUBLIC HEARINGS Item Q1 A Public Hearing was held concerning an Ordinance amending Section 23-76 of the County Code to clarify the business tax pre -requisites for mobile traveling junk dealers; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing for an effective date. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO.009-2011 Said Ordinance is incorporated herein by reference. Commissioner Neugent excused himself from the meeting. Item Q2 A Public Hearing was held amending Resolution No. 134-2011, the Planning and Environmental Resources Department Fee Schedule, to add a fee for applications for extension of time under HB7207; and repeal any other fee schedules inconsistent herewith. The Board accepted public input with the following individuals addressing the Board: After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously, with Commissioner Neugent not present. RESOLUTION NO. 169-2011 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Commissioner Neugent returned to the meeting and took his seat. Item 03 The Board was provided with an overview by the County's Washington lobbyists - Carl Chidlow and Emily E. Zammit of the firm Cardenas Partners, LLC on the Legislative Session. Mr. Chidlow discussed the following items: His attendance in Washington, D.C. on May 24th along with Mayor Carruthers, County Administrator Roman Gastesi, Assistant County Attorney Derek Howard, Chief Assistant County Attorney Bob Shillinger and Growth 2011/109 Management Director Christine Hurley for upcoming legislation via the Water Resources Development Act for funding of wastewater and stormwater projects. Mr. Chidlow also discussed downstairs enclosure issues; consideration for Mayor Carruthers to serve on the Federal Insurance Board administered by the Department of the Treasury; and a meeting which was secured with the Federal Highway Administration to discuss the possibility of a tolling proposal for US 1 in the Florida Keys. Ms. Zammit discussed status of Federal Transportation via the Surface Transportation Authorization Bill, a National Infrastructure Bank, and Build America Bonds. GROWTH MANAGEMENT Item J4 Christine Hurley, Growth Management Director requested clarification from the Board on the item wherein Staff was directed to postpone until further notice the scheduled meeting for Friday June 17, 2011 with FEMA at the Murray Government Center in Key Largo. The Board clarified that the meeting may be held by FEMA officials; however, County staff will not be attending. Item I6 The Board discussed Amendment 3 to the Ground Lease Agreement between Monroe County and Islander Village, LLC to allow an additional twenty-four (24) months from the date of execution of this amendment until June 14, 2013, to substantially complete the affordable housing units. Christine Hurley, Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. COUNTY ATTORNEY Item P3 Bob Shillinger, Chief Assistant County Attorney made a presentation of a Settlement Agreement in the matter of the Department of Community Affairs v. Monroe County, Leo Winterling, et al, DOAH case #10-0547. The following individual addressed the Board: Attorney Frank Greenman. Christine Hurley, Growth Management Director addressed the Board. Roll cal vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Wigington No Mayor Carruthers No Motion carried. GROWTH MANAGEMENT Item I8 The Board discussed a Resolution setting July 20, 2011, 3:00 p.m. at the 2011/110 Harvey Government Center, Key West for a Public Hearing for a proposed abandonment of the entire rights of way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane, as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. The Board accepted public input with the following individual addressing the Board: Gail Kenson, representing NAS Key West. Christine Hurley, Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution setting the date of October 19, 2011 at 3:00 p.m. to hold a Public Hearing at the Harvey Government Center in Key West on the item. Motion carried unanimously. RESOLUTION NO. 170-2011 Said Resolution is incorporated herein by reference. Item J1 Christine Hurley, Growth Management Director reported to the Board regarding expenditure of Boating Improvement Funds (BIF), derelict vessel removal procedures and channel marker maintenance. The following individuals addressed the Board: Naja Girard and Sloan Bashinsky. No official action was taken. Item J2 The Board discussed operation of a wholesale commercial fishing business and building permits for Carlos Seafood, 6001 Peninsular Ave., Stock Island as required by the Board of County Commissioners. Christine Hurley, Growth Management Director and Kevin Wilson, Senior Project Manager discussed the item. No official action was taken. Item J3 Christine Hurley, Growth Management Director and Bob Shillinger, Chief Assistance County Attorney discussed for direction related to amendment of the County's flood plain ordinance in light of House Bill 407. The following individual addressed the Board: John November and Sloan Bashinsky. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to accept Growth Management's proposal which directs Staff to develop an alternative process for flood plain compliance and correspond with FEMA official in Atlanta to review proposed alternatives. Roll call vote was unanimous. Item J5 The Board discussed a Resolution providing for interpretation of Section 130-4 Temporary emergency housing and 6-112. Temporary structures to allow the building official and planning director to accept an application for a special building permit for not more than 6 months for the erection of temporary structures (trailers)/Recreational Vehicles (RVs) at 10220 Overseas Highway, Key Largo, Florida (RE: 00086740-000000) for Marine Mammal Conservancy, Inc. (MMC) operations during the time period they are rehabilitating marine mammals only, with the ability to extend 6 months. Christine Hurley, Growth Management Director discussed the item. Motion carried unanimously. RESOLUTION NO. 171-2011 Said Resolution is incorporated herein by reference. 2011/111 COMMISSIONERS' ITEMS Item M1 The Board discussed Commissioner Rice's item to waive purchasing policies and procedures and negotiate with a contractor to design and install a security camera system on the bridges in Duck Key. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. Item M2 The Board discussed Commissioner Rice's item authorizing the purchase and installation of a bus shelter on the US 1 right of way at Duck Key. Judith S. Clarke, P.E. - Director of Engineering and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Neugent to table the item to the BOCC Special Meeting of June 20, 2011 in order for Staff to conduct further research. Motion carried unanimously. COUNTY ADMINISTRATOR Item 01 Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for May, 2011. Item 05 The Board discussed the approval to ratify the grant submission to the Fiscal Year 2011 Transportation, Community, and System Preservation Program of Federal Highway Administration (FHWA) for a feasibility study to explore the viability of obtaining tolling authority on US 1, forecast potential revenues and operational costs, and evaluate the possibility of utilizing a portion of the revenues for wastewater/re-use/stormwater projects. Bob Shillinger, Chief Assistant County Attorney and Lisa Tennison, Grants Administrator discussed the item. After discussion, motion was made by Mayor Carruthers and seconded by Commissioner Rice granting approval of the item. Roll call vote was taken with the following results: Motion carried. Commissioner Murphy No Commissioner Neugent Yes Mayor Pro Tern Rice Yes Commissioner Wigington No Mayor Carruthers Yes COUNTY ATTORNEY Item P 1 Suzanne Hutton, County Attorney introduced Adam Ferguson, Law Clerk working in her office. Ms. Hutton requested an Attorney -Client Closed Session of the Board of County Commissioners be held in the matter of Benjamin Moore v. Monroe County, Case No. 10-CIV-10088. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to hold the Closed Session at the BOCC meeting on July 20, 2011 at 2:00 p.m. in Key West. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. 2011/112 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida a" C . W�. V Isabel C. DeSantis, Deputy Clerk