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08/17/2011 Regular 2011/139 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 17, 2011 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray E. Nelson Government and Cultural 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; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk of Courts; 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 Murphy granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B Presentation of Years of Service Award for 10 years of service to Monroe County to Gary Herlth, Maintenance Worker, Roads & Bridges, Public Works Division. BULK APPROVALS Motion was made by Mayor Carruthers and seconded by Commissioner Wigington granting approval of the following items by unanimous consent: Item Cl Board granted approval and authorized execution of the Home and Community Based Case Management Referral Agreement between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services /In -Home Services Program) for State Fiscal Year (SFY) July 1, 2011 to June 30, 2012. Item C5 Board granted approval and authorized execution of an Amendment to Agreement for Medical Examiner Services with Dr. E. Hunt Scheuerman, M.D. Item C6 Board granted approval and authorized execution of the Consent to Assignment of the Lease Agreement for the East Bay of Hangar One at the Florida Keys Marathon Airport from Matthew C. Schulte, Assignor, to Robert W. Carew, Assignee. 2011/140 Item C7 Board granted approval of Task Order with EAC Consulting, Inc. for engineering design services for the Doctor's Arm Culvert Repair project. The task order is being awarded under the On Call Professional Engineering Services contract with EAC Consulting, Inc. Item C9 Board granted approval and authorized execution of Amendments to two Agreements for the Purchase of Lands for the Stock Island fire station reducing the purchase price on Lots 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island, in the amount of $25,000 from $506,250 to $481,250; and changing the closing date to September 30, 2011 on both agreements. Item C10 Board adopted the following Resolution authorizing the Monroe County Housing Authority to initiate budget amendments for Disaster Recovery Community Development Block Grants (CDBG) awards with the State of Florida, Department of Community Affairs (DCA) as necessary to preserve awarded funding to be used for ADA compliance activities which shall be subject to approval by the County Administrator, and granted authorization for the Mayor to execute any documents required by DCA to effect the grant budget amendments. RESOLUTION NO. 216-2011 Said Resolution is incorporated herein by reference. Item C11 Board granted approval and authorized execution of Modification #5 to the State Funded Subgrant Agreement for the Design and Construction of the proposed Emergency Operations Center in Marathon to extend the period of performance from August 18, 2011 to August 18, 2012. Item C12 Board granted approval and authorized execution of a Fifth Amendment to Contract with William P. Horn Architect, P.A. for a no cost time extension to the Higgs Beach Park Master Plan Phase II by 98 days, from September 8, 2011 to December 15, 2011. Item C13 Board granted approval for the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Item C17 Board granted approval and authorized execution of a Contract Amendment with Master Mechanical Services, Inc. for central air conditioning maintenance and repair for Upper Keys Facilities. Item C19 Board granted approval and authorized execution of a one -year residential lease agreement with Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence (Location C). Item C20 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 at the Marathon Government Center. 2011/141 Item C21 Board granted approval to negotiate contracts for the selected respondents to the Request for Qualifications for Airport Consultant Services for Monroe County, Florida (Key West International Airport and The Florida Keys Marathon Airport.) Item C22 Board granted approval and authorized execution of a Renewal Agreement with Jayne's Cleaning Services to provide Janitorial Services at the Key West International Airport. Item C23 Board granted approval and authorized execution of a Renewal Agreement with Keren Adlen and Dani Tobaly, DBA Jet Lag Accessories, LLC for retail space at the Key West International Airport. Item C24 Board adopted the following Resolutions for the transfer of funds and the receipt of unanticipated revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 217-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 218-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 219-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 220-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 221-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 222-2011 Said Resolution is incorporated herein by reference. Amending Resolution No. 070 -2011 (OMB Schedule Item No. 7). RESOLUTION NO. 223 -2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 224-2011 2011/142 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 225-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (Schedule Item No. 10). RESOLUTION NO. 226-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 227-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 228-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 229-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 230-2011 Said Resolution is incorporated herein by reference. Item C25 Board adopted the following Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 -12 Grant (JAG) program based upon the recommendations of the Substance Abuse policy Advisory Board and authorization for the County Administrator to execute application. RESOLUTION NO. 231-2011 Said Resolution is incorporated herein by reference. Item C26 Board authorized for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Florida Department of Law Enforcement for fiscal year 2011 -2012 (Oct. 1, 2011 through Sept. 30, 2012), whereby Monroe County agrees to the distribution of $104,859 in program funds in the County. Item C27 Board granted approval to apply to Florida Department of Law Enforcement for the Residential Substance Abuse Treatment Grant and for the Mayor, Chief Financial officer, and County Administrator to execute application and related certifications and attachments. 2011/143 Item C29 Board granted approval and authorized execution of a 2nd Amendment to the Homeless Safe Zone Interlocal Agreement with the City of Key West. TOURIST DEVELOPMENT COUNCIL Item D1 Board adopted the following Resolution transferring DAC V, EcoWeek Event Resources 2011 to DAC V Promotional and Advertising Resources. RESOLUTION NO. 232-2011 Said Resolution is incorporated herein by reference. Item D2 Board granted approval and authorized execution of an Amendment to Agreement with Key West Bight Preservation Association, Inc. covering The Key West "Bight" Before Christmas to revise scope of services. DIVISION OF GROWTH MANAGEMENT Item I1 Board granted approval and authorized execution of an Inter -Local Agreement (ILA) between Monroe County and the South Florida Regional Planning Council (SFRPC) hiring the SFRPC at a total cost of $50,000 to revise the Monroe County Marina Siting Plan, perform a Needs Analysis, develop Marina Siting Criteria, and write a comprehensive Plan amendment adopting Marina Siting Criteria into the Monroe County Comprehensive Plan. Item I2 Board adopted the following Resolution by the Monroe County Board of County Commissioners approving the 2011 Annual Public Facilities Capacity Assessment Report. RESOLUTION NO. 233 -2011 Said Resolution is incorporated herein by reference. Item I3 Board granted approval and authorized execution of a Fourth Amendment to the Agreement for professional services with Keith and Schnars, P.A., increasing compensation $96,183.00, for increased services related to data collection, development of existing conditions to prepare the technical document (primarily existing land use mapping and acreage /density /intensity information), population projection approval by the Department of Community Affairs, and timeline adjustments due to recent statutory amendments to Chapter 163, F.S. (HB 7207). Item I5 Board granted approval and authorized execution of a Grant Task Assignment with Florida Fish & Wildlife Conservation commission (FFWCC) to receive a $96,000 grant that will allow the County to continue employing part-time, temporary invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. 2011/144 Item I6 Board granted approval to advertise an ordinance amending Section 6 -108 of the Monroe County Code clarifying the eligibility for waivers of affordable housing application and permit fees limiting such waivers only to dwelling units. Item I7 Board granted approval and authorized execution of a 2nd Amendment to Agreement with Terramar Environmental Services, Inc., extending the agreement to provide biological consulting services in the amount of up to $41,320 (an increase of $16,320) to the Growth Management Division and waiver of purchasing policy to approve a sole source contract. SHERIFF'S DEPARTMENT Item K1 Board granted approval and authorized execution of a First Amendment to DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant. Item K2 Board granted approval and authorized execution of a First Amendment to UASI FY 2007 Grant/Homeland Security Office of Domestic Preparedness, in order to extend the expiration date. Item K3 Board granted approval and authorized execution of a Second Amendment to UASI FY 2008 Grant/Homeland Security Office of Domestic Preparedness. Item K4 Board granted approval of the request for expenditures from the Law Enforcement Trust Fund in the amount of $10,000.00 for the Boys & Girls Club of the Florida Keys. HOUSING AUTHORITY Item L1 Board adopted the following Resolution approving a revision to the Local Housing Assistance Plan, Homebuyer Assistance Strategy; and providing for an effective date. RESOLUTION NO. 234-2011 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Item M1 Board granted approval of Commissioner Murphy's appointment of Jerry Gaddis to the Florida Keys Council for People with Disabilities to fulfill the term of Bill Gordon who passed away in April, 2011. The three -year term ends on May 1, 2013. Item M2 Board granted approval of Commissioner Wigington's appointment of Mr. Harry Appel to the Tourist Development Council representing District II (Tourist Accommodation). Item M3 Board granted approval for Mayor Carruthers to sign a letter in conjunction with Miami -Dade, Broward and Palm Beach Counties requesting Congress to reclassify Southeast Florida as a Tier 1 Region under the Urban Areas Security Initiative. 2011/145 COUNTY CLERK Item N2 Board granted official approval of the Board of County Commissioners' minutes from the Regular Meeting of June 15, 2011 and Special Meeting of June 20, 2011 (previously distributed). Item N3 Board granted approval of the following Warrants: (106353 - 106386 and 564606 - 565518) General Fund (001), in the amount of $2,990,554.66; Fine & Forfeiture Fund (101), in the amount of $3,147,878.84; Road and Bridge Fund (102), in the amount of $78,884.81; TDC District Two Penny (115), in the amount of $269,454.30; TDC Admin. & Promo 2 Cent (116), in the amount of $302,641.83; TDC District 1,3 Cent (117), in the amount of $534,024.65; District 2,3 Cent (118), in the amount of $65,580.49; TDC District 3,3 Cent (119), in the amount of $145,772.84; TDC District 4,3 Cent (120), in the amount of $147,635.36; TDC District 5,3 Cent (121), in the amount of $120,410.85; Gov. Fund Type Grants (125), in the amount of $301,210.50; Fire & Amb District 1 L &M Keys (141), in the amount of $104,510.35; Upper Keys Health Care (144), in the amount of $8,529.07; Uninc Svc Dist Parks & Rec (147), in the amount of $38,587.89; Plan, Build, Zoning (148), in the amount of $88,897.88; Municipal Policing (149), in the amount of $499,507.52; Duck Key Security (152), in the amount of $3,840.00; Local Housing Assistance (153), in the amount of $1,957.38; Boating Improvement Fund (157), in the amount of $48,803.70; Misc. Special Revenue Fund (158), in the amount of $46,450.80; Environmental Restoration (160), in the amount of $5,978.48; Court Facilities Fees -602 (163), in the amount of $100.00; Cudjoe - Sugarloaf MSTU, (172) in the amount of $8,750.00; Building Fund, (180), in the amount of $9,038.13; 1 Cent Infra Surtax (304) in the amount of $1,522.35; Card Sound Bridge (401), in the amount of $4,113.03; Marathon Airport (403), in the amount of $20,590.42; Key West Intl. Airport (404), in the amount of $139,062.20; KW AIP Series 2006 Bonds (405), in the amount of $6,827.58; PFC & Oper Restrictions (406), in the amount of $204,087.09; MSD Solid Waste (414), in the amount of $1,141,861.93; Worker's Compensation (501), in the amount of $27,960.76; Group Insurance Fund (502), in the amount of $251,511.35 Risk Management Fund (503), in the amount of $49,887.71; Fleet Management Fund (504), in the amount of $72,235.13; 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. (Said listing is incorporated herein by reference.) Item N5 Board granted approval of Tourist Development Council Expenditures for the month of July, 2011: Advertising, in the amount of $866,139.57; Bricks & Mortar /Interlocal Projects, in the amount of $84,007.24; Events, in the amount of $125,616.35; Office Supplies & Oper Costs, in the amount of $70,829.29; Personal Services, in the amount of $204,391.13; Public Relations, in the amount of $88,854.51; Sales & Marketing, in the amount of $49,746.90; Telephone & Utilities, in the amount of $10,453.62; Travel, in the amount of $8,759.33; Visitor Information Services, in the amount of $61,101.00. 2011/146 Item N6 Board granted approval to dispose of documents pursuant to the State of Florida General Records Schedule GS1 -SL. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C8 The Board discussed rejecting the lowest three bids, Edgewater Construction Group, $1,000,400; Burke Construction Group, $1,498,000; and D.L. Porter Constructor's Inc., $1,620,774 for the Conch Key Fire Station Renovation and Addition project, and approval to award a contract with the fourth lowest bidder (with local preference), Pedro Falcon Electrical Contractor's Inc., $1,750,000. Jerry Barnett, Project Management Director discussed the item. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval to award a Contract with the fourth lowest bidder (with local preference), Pedro Falcon Electrical Contractor's Inc., $1,750,000. Motion carried unanimously. Item C28 Motion was made by Commissioner Neugent and seconded by Mayor Carruthers granting approval of an amendment to Attachment D to contract with Guidance Care Center, modifying current subcontract with Baker/Marchman Act transportation provider to add Key Largo as a pick up and drop off point and changing the "maximum number of trips" to "estimated number of trips ". Commissioner Rice declared a notice of voting conflict for the item. Motion carried unanimously, with Commissioner Rice abstaining. * * * * * 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 David Rice, City of Layton Councilman Clark Snow and City of Layton Mayor Norman Anderson. Item G2 James Callahan, Monroe County Fire Chief discussed the item. Motion was made by Mayor Anderson and seconded by Councilman Snow granting approval to amend agreement and purchase price from $25,133.79 to $27,633.79 with Physio Control, Inc., the sole provider of the LIFEPAK family of products, for the scheduled replacement of a LifePak 15 cardiac monitor defibrillator unit and integral components, and approval for the Fire Chief to sign the necessary documentation to complete the purchase transaction. Motion carried unanimously. Item G3 Motion was made by Commissioner Rice and seconded by Councilman Snow approving the award of bid and entering into an Agreement between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Professional Emergency Services Inc. to provide medical direction for Monroe County Fire Rescue pursuant to Chapter 401, F. S., and Chapter 64J -1, FAC. Motion carried unanimously. 2011/147 James Callahan, Monroe County Fire Chief discussed status of the Stock Island and Conch Key Fire Station Renovations. 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 C4 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent approving the award of bid and entering into an Agreement between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Professional Emergency Services Inc. to provide medical direction for Monroe County Fire Rescue pursuant to Chapter 401, F. S. and Chapter 64J -1, FAC. Motion carried unanimously. C14 Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval and authorizing execution of Fifth Amendment to Contract between Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter. During discussion, motion was made by Mayor Carruthers to table the item until after item C15 is heard. C15 The Board discussed advertising a Request for Proposals to operate the Key Largo Animal Shelter and provide complete animal control services from mile marker 70 to Monroe County line (approximately mile marker 112.5), including Ocean Reef and the Village of Islamorada. The following individuals addressed the Board: Rick Trout, Tom Garrettson, representing HACC, Inc.; Claudia Hancock, Jack Bridges, representing the Upper Keys Animal Clinics. Danny L. Kolhage, Clerk and Suzanne Hutton, County Attorney discussed the item. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Rice requesting that Staff and the Clerk meet with the contractor in order to work out the language details with respect to the reporting requirements that has caused the Humane Animal Care Coalition, Inc. not to sign the contract amendment. In addition, direction was given to Staff to provide the Board with an update via an agenda item which is to include direction for a Request for Proposals to operate the Key Largo Animal Shelter, if required. Roll call vote was unanimous. Item C14 Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval and authorizing execution of a Fifth Amendment to the Contract between Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter. Motion carried unanimously. 2011/148 GROWTH MANAGEMENT Item J4 Christine Hurley, Growth Management Director and Bob Shillinger, Chief Assistant County Attorney provided the Board with a summary of the status of the Development Agreement between the County and Key Largo Ocean Resort Co -op, Inc. (KLOR) and the status of the Major Conditional Use Amendment and options relating to how the County may proceed as a party to the Development Agreement. The following individuals addressed the Board: Eduardo Calil, KLOR; K M Robbins, Key Largo Ocean Resorts Coop. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington that there be no time extension; and approval of Option B: Make a formal finding that there has been a material breach of the agreement and that there is no cure. Direct the Growth Management Division and Attorney's Office to begin the process of terminating the agreement. Such Action must be carried out per Section II, H. Breach, Amendment, Enforcement, and Termination. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Neugent and seconded by Commissioner Wigington to continue the item to the Board's scheduled meeting on November 16, 2011 in Key Largo at the Murray E. Nelson Government Center. Motion carried unanimously. STAFF REPORTS E5 Project Management - Kevin Wilson, P.E.- Senior Director updated the Board on the following matters: Repairs to Eaton Street in Key West; Funding for ADA compliance projects; Task Force's Space & Parking Study for Jackson Square in Key West; Conch Key and Stock Island Fire Station Renovations; No Name Key and Tom's Harbor bridge work; Duck Key sewering; and Implementation of the collection of the sewer capacity fees for Big Coppitt and Duck Keys. GROWTH MANAGEMENT Item J1 Christine Hurley, Growth Management introduced Rajendran (Raj) Shanmugam, P.E., with the firm URS Corporation Southern who made a presentation of the results from the 2011 US 1 Arterial Time Travel and Delay Study for Monroe County, Florida. Mr. Shanmugam provided the Board with a document titled Level of Service Assessment US 1 /Overseas Highway 2011 Arterial Travel Time and Delay Study Monroe County - Florida dated August 17, 2011 prepared by URS Corporation Southern - By: Rajendran (Raj) Shanmugam, P.E. The following individual addressed the Board: Ron Miller. The Board took no official action. STAFF REPORTS E7 Public Works - Dent Pierce, Director reported to the Board concerning a meeting held on July 25, 2011 with the Park's and Recreation Board where based on the Level of Service and although they realize the County's beaches are adequate, they have request for in the future that more sandy beaches and boat ramps be considered. Mr. Pierce also reported that in relation to intergovernmental coordination, the Park's and Recreation Board plan to appear before the Chambers of Commerce and ask that they work with them to show case the county's parks and 2011/149 beaches. Mr. Pierce also updated the Board on the status of the repairs being made to Eaton Street in Key West. COMMISSIONERS' ITEMS Item M4 Commissioner Rice updated the Board on the status of the proposal for the Customs Entry Service Facility at the Marathon Airport Terminal. No official action was taken. WASTEWATER Item R1 Project Management - Kevin Wilson, P.E.- Senior Director made a presentation concerning the extension of the infrastructure sales tax. The Board discussed the advertising of a Public Hearing to be held in Marathon following the regular BOCC meeting on 21 September 2011 for the adoption of an Ordinance extending the infrastructure sales tax beyond its current 31 December 2018 expiration, scheduling a referendum as required by statute, and establishing the uses for the revenue stream created. The following individual addressed the Board: Burke Cannon. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Rice to delay the advertising of the Public Hearing past January, 2012. Motion carried unanimously. COUNTY ATTORNEY /CLOSED SESSION Item H1 Motion was made by Commissioner Murphy and seconded by Commissioner Rice to continue to the Board's scheduled meeting on September 21, 2011 in Marathon at the Marathon Government Center at 1:30 P.M., the Attorney - Client Closed Session of the Board of County Commissioners in the matter of Gregory Klimock, et al. v. Monroe County and the State Board of Trustees of the Internal Improvement Trust Fund, Case No. 2010 -CA- 979 -K. Motion carried unanimously. CLOSED SESSIONS Item H2 Suzanne Hutton, County Attorney read the require information into the record. A Closed Session of the Board of County Commissioners was held to discuss collective bargaining with the firefighters, IAFF Local 3909. DIVISION OF GROWTH MANAGEMENT Item J2 Rich Jones - Sr. Administrator, Marine Resources made a presentation concerning the status of Monroe County's involvement in the Florida Fish & Wildlife Conservation Commission (FWC) Pilot Program, including the results of the June 7, 8, and 9 stakeholder workshops and potential development of a draft Ordinance for anchoring and mooring. The following individual addressed the Board: Arnaud Girard. No official action was taken. 2011/150 PUBLIC HEARINGS Item Q1 A Public Hearing was held concerning the approval of a Public Convenience and Necessity (COPCN) to National Health Transport, Inc. for the operation of an ALS transport ambulance service for the period August 17, 2011 through August 16, 2013. The Board accepted public input with the following individuals addressing the Board: Dave Erwin, representing Care Ambulance' Raul F. Rodriguez, representing National Health Transport; Isabel Rodriguez, representing National Health Transport; Edward Child, representing American Medical Response; Barbara Santiago, representing American Medical Response; Alex Castro, representing American Medical Response; Charles Maymon, representing American Ambulance Service; Felix Lasarte, representing National Health Transport; and Ronald L. Book, representing National Health Transport. Suzanne Hutton, County Attorney discussed the item. After Board discussion, motion was made by Commissioner granting approval to issue the COPCN. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent Yes Commissioner Rice Yes Commissioner Wigington Yes Mayor Carruthers Yes Motion carried. Item Q2 A Public Hearing was held to consider an Ordinance amending Monroe County Code Section 2 -428 concerning Planning Commission Compensation. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010-2011 Said Ordinance is incorporated herein by reference. Item Q3 A Public Hearing was held to consider an Ordinance by the BOCC amending Monroe County Code Section 102 -20, Planning Commission, meetings hearings and procedure, to modify the requirement of bimonthly planning commission regular meetings to monthly planning commission regular meetings and to modify the types of applications that may be heard at a Special Meeting. There was no public input. Christine Hurley, Growth Management Director requested an additional whereas clause be added into Ordinance, as follows: Whereas the Planning Commission held a Public Hearing on this Ordinance on June 22, 2011 and recommended approval. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance, as amended. Motion carried unanimously. ORDINANCE NO. 011 -2011 Said Ordinance is incorporated herein by reference. 2011/151 Item Q4 A Public Hearing was held to consider an Ordinance amending Sections 102 -19, 102 -20, and 102 -158 of the Monroe County Land Development Code, requiring a vote of at least four members of the BOCC for certain Comprehensive Plan, Future Land Use Map, Land Development Code and Land Use District (zoning) Map amendments, requiring the Planning Commission to take action on certain items by a vote of three members, clarifying existing language within those sections and removing obsolete language. Christine Hurley, Growth Management Director discussed the matter. The Board accepted public input with the following individuals addressing the Board: Bob Thomas, Naja Girard, representing Last Stand; Arnaud Girard, Burke Cannon, representing IKFHA; John Hammerstrom, representing the Tavernier Community Association; Deb Curlee, Pauline Kleine, I Keys L Federation of Homeowner's Association (Secretary); Bob Cardenas, Patrick Ortega, representing Charley Toppino & Sons; Ron Miller, representing the Upper Keys Citizen's Association; Sue Heim, Bill Hunter, representing the SSPOA; Fred Nickerson, Kay Thacker, David deHaas. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to approve the Ordinance. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice No Commissioner Wigington Yes Mayor Carruthers No Motion carried. The Mayor requested Staff to explore ways to ease the protest mechanism in the existing statutes to include 4/5 text amendments and to expand the definition of affected parties. GROWTH MANAGEMENT Item J3 Christine Hurley, Growth Management Director discussed for Staff direction the development of military compatibility criteria, required by Sections 163.3177 and 163.3175, Florida Statutes and a letter received from the Florida Department of Community Affairs requesting the County to amend the Monroe County 2010 Comprehensive Plan to address land use compatibility with Naval Air Station Key West. The following individual addressed the Board: John Hammerstrom, representing the County EIS Task Force. After discussion, the Growth Management Director was requested to keep them informed by bringing back an item to the September meeting as an update but not necessarily the final policy. In October, a draft policy should be completed for Board evaluation as well as an agenda item that explains how the technical document could be edited and changed, including revisions - the EIS would still be ongoing and the Board would need to evaluate it in order to deal with comprehensive plan compatibility. A public meeting will not be requested with the Board or the Navy. Item J5 Christine Hurley, Growth Management Director presented the Board with a document entitled Monroe County Board of County Commissioners Redistricting 2011. The Board discussed the redistricting of the five county commission districts with recommended 2011/152 alternative configuration for each district and direction to Staff for advertisement according to Chapter 124.02, Florida statutes to be adopted by resolution. Suzanne Hutton, County Attorney and Bob Shillinger, Chief Assistant County Attorney discussed the item. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice approving the time line for implementation of new district boundaries as written in the document presented by the Growth Management Director. Motion carried unanimously. COUNTY ADMINISTRATOR Item 01 Roman Gastesi, County Administrator referred the Board to the written Monthly Activity Report for July, 2011 dated August 2, 2011. Item 02 The Board discussed recent requests for maintenance dredging work and reimbursement for dredging costs by both public and private entities, long -term navigational access issues due to sedimentation in canals and approach channels, and provisions that may be required to address future maintenance dredging needs Keys -wide. The following individual addressed the Board: John DeNeale, Commissioner City of Key Colony Beach. Rich Jones - Sr. Administrator, Marine Resources and Roman Gastesi, County Administrator discussed the item. The item was referred to Staff in order to bring back a comprehensive plan for future Board consideration. COUNTY ATTORNEY Item P1 Bob Shillinger, Chief Assistant County Attorney requested a Closed Session in the matter of Florida Key Deer vs. Craig Frugate, Case # 90- 10037. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to schedule a Closed Session for September 21, 2011 at the Marathon Government Center at 2:30 P.M. Motion carried unanimously. Item P3 Motion was made by Mayor Carruthers and seconded by Commissioner Rice to adopt the following Resolution amending the Administrative Procedures of the Board of County Commissioners to provide clarification of Sounding Board rules. Motion carried unanimously. RESOLUTION NO. 235 -2011 Said Resolution is incorporated herein by reference. Item P4 Suzanne Hutton, County Attorney discussed the item. After discussion, motion was made by Commissioner Wigington and seconded by Mayor Carruthers granting approval to schedule an Attorney - Client Closed Session of the Board of County Commissioners in the matter of Monroe County v. Donald and Diana Brady, Code Enforcement Case No. CE10110094 for September 21, 2011 at the Marathon Government Center at 2:00 P.M. Motion carried unanimously. Item P5 Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval to make a formal offer of settlement in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up for Animals, Inc., Case No. CAK -10 -1050 and 2011/153 approval for the County Attorney to execute the settlement agreement if accepted by SUFA. Motion carried unanimously. 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 a Monroe County, Florida -�- �� ) „,C�. C . �a i Isabel C. DeSantis, Deputy Clerk