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09/21/2011 Regular 2011/163 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 21, 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; 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 BI A Proclamation in honor of Richie Moretti and the Turtle Hospital for 25 years of community service to the Florida Keys in the preservation and rehabilitation of threatened and endangered sea turtles; and declaring September 24, 20211 as Richie Moretti and The Turtle Hospital Day in Monroe County. Item B3 A Presentation of a Mayor's Proclamation observing the week of October 9 - 15, 2011 as Fire Prevention Week. BULK APPROVALS Item C 1 Board granted approval of the filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. Item C2 Board granted approval of a revised Cooperative Agreement between the Monroe County Board of County Commissioners and the Board of Trustees of the Florida Keys Community College to provide for reciprocal Library services for the faculty and students of the Florida Keys Community College and the citizens of Monroe County. 2011/164 Item C3 Board granted approval and authorized execution of a Lease with the Monroe County Sheriffs Office (MCSO) for the office /shop space at the Florida Keys Marathon Airport for the MCSO Communications Shop. Item C4 Board granted approval and authorized execution of a Consent to Assignment for existing contract between Monroe County and CH2M Hill, Inc. to assign contract to restructured corporation named CH2M Hill Engineers, Inc. Item C5 Board granted approval and authorized execution of a Contract with Pedro Falcon Electrical Contractors, Inc. for the Demolition, Renovation, and Construction of Fire Station #17 in Conch Keay. Item C6 Board granted approval and authorized execution of a third and final renewal to the Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the 1% allocation for art funding for the reimbursement of administrative Expenses. Item C7 Board granted approval and authorized execution of a Contract with Currie, Sowards, Aguila Architects for architectural and engineering services for the preparation of permit and construction documents for the enclosing approximately 715 square feet of the "backstage porch" area of the Murray E. Nelson Government Center (MENGC) building for use as dressing rooms. Item C8 Board granted approval to advertise Request for Proposals (RFP's) for the completion of all Priority One (1) work at all County facilities from Key Largo to Key West as outlined in the Americans with Disabilities Transition Plan Volumes One (1) thru Four (4). First RFP will encompass Upper Keys and Middle Keys. Second RFP will encompass Lower Keys and Key West. Item C9 Board granted approval and authorized execution of a First Amendment to Contract with Bender & Associates Architects, P.A. for Stage 2 of the East Martello Towers Masonry Restoration. Item C10 Board granted approval and authorized execution of a First Amendment to Contract with Bender & Associates Architects, P.A. for Stage 2 of the West Martello Towers Masonry Restoration. Item C11 Board granted approval and authorized execution of a First Amendment to the Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar Restoration at the East Martello Towers. Item C12 Board granted approval and authorized execution of a First Amendment to the Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar Restoration at the West Martello Towers. 2011/165 Item C13 Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Item C14 Board rescinded resolution # 150 -2011 and adopted the following revised resolution requesting Florida Department of Transportation (FDOT) surplus & convey three right of way parcels to Monroe County for the purpose of constructing components of the Cudjoe Regional Wastewater System. RESOLUTION NO. 247-2011 Said Resolution is incorporated herein by reference. Item C15 Board granted approval of the Weatherization Assistance -Low Income Home Energy Assistance Program, Sub -grant Agreement (WAP- LIEHEAP), Contract # 12LH- 9Z- 11 -54 -01 -039 between Monroe County Board of County Commissioners (Community Services /Social Services) and the State of Florida, Department Community Affairs for the sufa provision of funds to reduce the monthly energy burden on low- income households by improving the energy efficiency of the home and to supplement the existing Weatherization Assistance Program funding. Item C16 Board granted approval to reject all bids received for direct in -home services for the elderly and disabled. Approval to resubmit the RFP to provide the direct services as provided under grants to Monroe County from the Alliance for Aging (e.g., CLP, CCE, HCE, OAA and ADI) and the Florida Department of Children and Families (e.g., CCDA), at such time as funding becomes more certain. Item C17 Board granted approval of the Fiscal Year 2012 Airline Rates and Charges for the Key West International Airport, effective October 1, 2011. Item C18 Board granted approval to advertise a Request for Proposals (RFP) for skycap and luggage handling services at Key West International Airport. Item C19 Board granted approval of a Proposal by Hi -Lite Markings, Inc. to provide runway rubber removal and painting for Key West International Airport. The proposal is based on the Florida Statewide Contract No. BDR27 between the State of Florida Department of Transportation and Hi -Lite Markings, Inc. to provide statewide airport runway and taxi way painting. Item C20 Board ratified Purchase Service Orders #10- 11 -12, #10- 11 -23, and #10 -11 -28 from URS for grant management at the Key West International Airport. Item C21 Board adopted the following Resolution authorizing the write -off of 43 qualified Monroe County resident waivers from the trauma air ambulance account receivables in the total amount of $180,916.58. RESOLUTION NO. 248-2011 Said Resolution is incorporated herein by reference. 2011/166 Item C22 Board adopted the following Resolution authorizing the write -off of Fire Rescue air ambulance accounts receivable for Calendar Year 2007, in the total amount of $780,782.79 from the Fine and Forfeiture Fund Account 101 - 115002. RESOLUTION NO. 249-2011 Said Resolution is incorporated herein by reference. Item C23 Board granted approval to issue a Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS transport ambulance service. Item C26 Board granted approval to accept the renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance. Item C27 Board granted approval to accept proposal from The Florida Municipal Insurance Trust Agreement #386 to provide General Liability, Vehicle Liability and Public Officials /Employee Practices Liability. Item C28 Board granted approval and authorized execution of a Third Amendment to the Contract with Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter. Item C30 Board granted approval to award bid and authorized execution of a contract with EE &G Environmental Services, LLC, for beach cleaning, maintenance & beautification of Higgs Beach, Key West. Item C31 Board granted approval for Monroe County Board of County Commissioners to award bid and execute contract to Electronic System Services, Inc. for the "Energy Retrofit — Jackson Square" project. Item C32 Board granted approval to award bid and execute a contract with TEM Environmental & Mechanical Services, Corp. for Lower Keys facilities central air conditioning maintenance and repair. Item C33 Board granted approval to award bid and authorized execution of a Contract with TEM Environmental & Mechanical Services, Corp. for Middle Keys facilities central air conditioning requested maintenance and repair. Item C34 Board granted approval and authorized execution of an Agreement with the Monroe County Health Department for Small Quantity Hazardous Waste Assessments, Notifications and Verifications. Item C35 Board granted approval of updated Exhibit II for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements to reflect Fiscal Year 2012 residential and commercial collection rates paid to the Franchisees by the County. 2011/167 Item C36 Board granted approval of updated Exhibit V for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements concerning fees for "Special Services" paid to the Franchisees by their customers. Item C37 Board adopted the following resolutions for the Transfer of Funds and Receipt of Unanticipated revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 250-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 251-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 252-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 253-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 254-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 255-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 256 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 257 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9) RESOLUTION NO. 258 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10) RESOLUTION NO. 259 -2011 2011/168 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11) RESOLUTION NO. 260-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12) RESOLUTION NO. 261-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13) RESOLUTION NO. 262-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 263-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 264-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 265-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 266-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 267-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 268-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 269 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 270-2011 Said Resolution is incorporated herein by reference. 2011/169 Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 271-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23) RESOLUTION NO. 272 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24) RESOLUTION NO. 273-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25) RESOLUTION NO. 274 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26) RESOLUTION NO. 275-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27) RESOLUTION NO. 276-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28) RESOLUTION NO. 277-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 278 -2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 279-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 280-2011 Said Resolution is incorporated herein by reference. Item C38 Board granted approval for County Administrator to execute contract with US Department of Justice for Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation award for technology upgrades for the Monroe County Drug Court. 2011/170 Item C39 Board granted approval of Task Order with CH2MHILL, Inc. for engineering design and permitting services for the Old SR 940 (Watson Boulevard, Big Pine) Bridge Repair project. The task order is being awarded under the On Call Contract for Professional Services Between Owner and Architect/Engineer with CH2MHILL, Inc. Item C40 Board ratified the submission of an application to U.S. Department of Housing and Urban Development ( "HUD ") for approximately $2.7 Million in grant funds for the Sustainable Community Challenge Grant. TOURIST DEVELOPMENT Item D1 Board granted approval to rescind the agreement with Key West Players, Inc. for the Air Conditioner Modernization project. Item D2 Board granted approval and authorized execution of an Agreement with Tinsley Advertising & Marketing, Inc. to provide advertising services which promote tourism. Item D3 Board granted approval of the 2011/2012 Monroe County Tourist Development Council Marketing Plan. Item D4 Board granted approval and authorized execution of an Amendment to Agreement with Key West Film Society, Inc. for the Tropic Cinema Phase Six: Renovations and Upgrades project to revise Exhibit A. Item D5 Board granted approval and authorized execution of an Amendment to extend Agreement with The City of Marathon for beach cleaning and maintenance services at Sombrero and Coco Plum Beach to December 31, 2011. PROJECT MANAGEMENT Item Hl Board granted approval to negotiate a contract with Currie Sowards Aguila Architects to draw a preliminary design for a parking facility on Thomas Street to service the Freeman Justice Center, Jackson Square, and visitors of Key West. The preliminary design is important because it will enable the County to vet the parking facility to the City of Key West and the neighborhood prior to spending the money for a full blown project. GROWTH MANAGEMENT Item J2 Board granted approval and authorized execution of a Contract Amendment with Dot Palm Landscaping, Inc. to provide professional services for the removal of invasive exotic plant species from Monroe County conservation lands for one additional year and an additional $50,000. Item J3 Board granted approval of an Impact Fee Expenditure Request for County -wide Transportation Impact Fee Funds for the Construction of the Florida Keys Overseas Heritage Tail 2011/171 between Mile Marker 15.5 and 16.5. These funds were previously approved by the BOCC and allocated as District 1 Funds. Item J4 Board adopted the following resolution to rescind Resolution # 205 -2000 relating to the design and construction of the Florida Keys Overseas Heritage Trail and approval of a resolution to allow Monroe County to review, rank and prioritize future Florida Department of Transportation (FDOT) transportation grant applications. RESOLUTION NO. 281 -2011 Said Resolution is incorporated herein by reference. Item J6 Board adopted the following Resolution allowing the continuance of tolling of Rate of Growth Ordinance (ROGO) or Non - Residential Rate of Growth Ordinance (NROGO) allocations or building permits for all properties on the Federal Emergency Management Agency (FEMA) flood insurance injunction list; disallowing owners of properties that are both on the FEMA injunction list and located within the Coastal Barrier Resource System (CBRS) to toll their ROGO or NROGO allocations or building permit; and establishing time limits for property owners who are removed from the list to obtain permits and utilize allocations. RESOLUTION NO. 282-2011 Said Resolution is incorporated herein by reference. Item J8 Board granted approval to advertise a public hearing to consider adoption of an Ordinance amending Sections 6 -56, 6 -200, 6 -201, 6 -240, 6 -267 and 6 -270 of the Monroe County Code to clarify the jurisdiction of the Construction Board of Adjustment and Appeals and amend its composition, restricting renewal of licenses when fines /costs are unpaid, setting meeting frequency, clarifying fines and costs. SHERIFF'S DEPARTMENT Item L1 Board granted approval and authorized execution of an Amendment to the Municipal Police Service Contract with the Village of Islamorada, the Monroe County Sheriff's Office and the BOCC. Item L2 Board granted approval and authorized execution of an Amendment to the Municipal Police Service Contract with the City of Marathon, the Monroe County Sheriff's and the BOCC. Item L3 Board granted approval and authorized execution of the 2012 Contract for Law Enforcement and Security Services at the Key West International Airport with the Monroe County Sheriff Office. 2011/172 COMMISSIONERS' ITEMS Item M1 Board granted approval of Commissioner Rice's appointment of Kelly McKinnon to the Climate Change Advisory Committee to fulfill the term of previous District 4 appointee through March 2012. COUNTY CLERK Item N2 Board granted official approval of the Board of County Commissioners' minutes from the Regular Meeting of July 20, 2011 and Special Meetings of July 12, July 21, 2011, and August 2, 2011 (previously distributed). Item N3 Board granted approval of the following Warrants: (106387 - 1063447 and 565519 - 567031) General Fund (001), in the amount of $1,637,104.02; Fine & Forfeiture Fund (101), in the amount of $148,059.08; Road and Bridge Fund (102), in the amount of $65,704.59; TDC District Two Penny (115), in the amount of $336,877.33; TDC Admin. & Promo 2 Cent (116), in the amount of $527,183.62; TDC District 1,3 Cent (117), in the amount of $242,707,87; District 2,3 Cent (118), in the amount of $46,672.36; TDC District 3,3 Cent (119), in the amount of $126,905.16; TDC District 4,3 Cent (120), in the amount of $200,707.19; TDC District 5,3 Cent (121), in the amount of $114,581.98; Gov. Fund Type Grants (125), in the amount of $233,051.96; Impact Fees Fire & EMS (135), in the amount of $21,000.00; Fire & Amb District 1 L &M Keys (141), in the amount of $134,436.96; Upper Keys Health Care (144), in the amount of $32,601.60; Uninc Svc Dist Parks & Rec (147), in the amount of $103,516.43; Plan, Build, Zoning (148), in the amount of $59,940.09; Municipal Policing (149), in the amount of $230.37; 911 Enhancement Fee (150), in the amount of 46,955.03; Duck Key Security (152), in the amount of $4,394.28; Boating Improvement Fund (157), in the amount of $45,275.79; Misc. Special Revenue Fund (158), in the amount of $69,306.32; Environmental Restoration (160), in the amount of $28,533.64; Law Enforcement Trust (162), in the amount of $10,000.00; Drug Abuse Trust (164), in the amount of $2,167.31; Cudjoe - Sugarloaf MSTU, (172) in the amount of $35.53; Building Fund, (180), in the amount of $15,388.73; 1 Cent Infra Surtax (304) in the amount of $810.31; Infr Sls Srtx Rev Bds2007 (308), in the amount of $894,947.82; Card Sound Bridge (401), in the amount of $3,462.40; Marathon Airport (403), in the amount of $103,415.28; Key West Intl. Airport (404), in the amount of $787,632.50; KW AIP Series 2006 Bonds (405), in the amount of $27,735.75; PFC & Oper Restrictions (406), in the amount of $335,204.81; MSD Solid Waste (414), in the amount of $1,743,161.45; Worker's Compensation (501), in the amount of $8,469.76; Group Insurance Fund (502), in the amount of $128,384.90; Risk Management Fund (503), in the amount of $194,383.28; Fleet Management Fund (504), in the amount of $149,849.99; Fire &EMS LOSAP Trust Fund (610), in the amount of $6,412.75. Item N4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. (Said listing is incorporated herein by reference.) 2011/173 Item N5 Board granted approval of Tourist Development Council Expenditures for the month of August, 2011: Advertising, in the amount of $971,366.54; Bricks & Mortar /Interlocal Projects, in the amount of $61,267.72; ; Visitor Information Services, in the amount of $61,101.00; Events, in the amount of $104,904,80; Office Supplies & Oper Costs, in the amount of $25,544.28; Personal Services, in the amount of $168,261.91; Public Relations, in the amount of $115,345.18; Sales & Marketing, in the amount of $77,971.31; Telephone & Utilities, in the amount of $10,962.34; Travel, in the amount of $10,636.53. Item N6 Board granted approval to dispose of documents pursuant to the State of Florida General Records Schedule GS1 -SL. COUNTY ADMINISTRATOR Item 02 Board granted approval of the award of the contract to SDI Solar, Inc. for the Solar Water Heaters purchase and installation, included and funded under the State Energy Grant Agreement from the Florida Energy and Climate Commission (Grant No. ARS010). Item 03 Board granted approval and authorized execution of an Interlocal Agreements' Amendment. No. 1 with the City of Marathon, City of Key West and Village of Islamorada related to their joint participation with the County under the State Energy Grant Agreement from the Florida Energy and Climate Commission (Grant No. ARS010). This modifies payment terms under the Agreements, pursuant to State Rules. COUNTY ATTORNEY Item P5 Approval for Third Amendment to Agreement with Ira Libanoff, Esq., outside counsel on the case of Monroe County v the architect on the Freeman Justice Center, Consolidated Case # 2007 -CA- 1428 -K, making the hourly rates retroactive to the date that the firm took over the litigation. Item P6 Board granted approval and authorized execution of Agreement for Expert Witness Services with Marr and Associates Appraisal Company, Inc. in connection with Keegan v. Monroe County & State of Florida (Circuit Court Case No. 09- CA- 893P); Judi's House v. Monroe County & State of Florida (Circuit Court Case No. 09- CA- 1120P); and Good v. Monroe County & State of Florida (Circuit Court Case No. CA -K -01 -977). Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C24 Teresa Aguiar, Employee Services Director discussed the item. After discussion, motion was made by Mayor Carruthers and seconded by Commissioner Rice granting approval to accept the proposal with Interisk Corporation to provide Risk Management and Workers Compensation consulting services and authorized execution of Contract for Worker's Compensation and Risk Management Consulting Services. Motion carried unanimously. REVISION 2011/174 Item C25 Teresa Aguiar, Employee Services Director discussed the item. After discussion, motion was made by Commissioner Murphy and seconded by Mayor Carruthers granting approval and authorizing execution of a three year contract to begin October 1, 2011 with EnvisionRXOptions for Pharmacy Benefit Management Program. Motion carried unanimously. Item C29 Beth Leto, Assistant Public Works Director discussed the items. After discussion, motion was made by Mayor Carruthers and seconded by Commissioner Rice granting approval to amend the contract with Barnes Alarms, Inc. for fire and panic alarm system annual certification, maintenance and monitoring, correcting the annual inspection amount for the J. Lancelot Lester Building & Records Storage. Motion carried unanimously. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Sylvia Murphy, Commissioner David Rice, Councilman Clark Snow, and Chairman George Neugent. Absent was Mayor Norman Anderson. Item GI James Callahan, Monroe County Fire Chief reported to the Board concerning the county's resources during the prescribed burn on Big Pine Key on September 15, 2011. The following individual addressed the Board: Harry Kaplitz. Item G2 Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the second renewal Agreement effective from October 1, 2011 through September 30, 2012, with Fire Tech Repair Service, Inc. for repair and maintenance of Fire Rescue vehicles, including semiannual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously, with Mayor Norman Anderson absent. Item G3 Motion was made by Commissioner Murphy and seconded by Councilman Snow to adopt the following Resolution authorizing the write -off of Fire Rescue ground ambulance accounts receivable for Calendar Year 2007, in the total amount of $284,953.95 from the Fire Rescue District 1 Fund Account 141- 115002. Motion carried unanimously, with Mayor Norman Anderson absent. RESOLUTION NO. 282a-2011 Said Resolution is incorporated herein by reference. There being no further business, the Fiscal Year 2012 budget 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. TOURIST DEVELOPMENT COUNCIL 2011/175 Item D6 The Clerk announced the vacancy of one position on the Tourist Development Council District II Advisory Committee for an "At Large" Appointment. Item D7 The Clerk announced the vacancy of one position on the Tourist Development Council District III Advisory Committee for an "At Large" appointment. STAFF REPORTS Item E5 Project Management, Kevin Wilson, P.E. - Senior Director and Interim Division Director, Public Works & Engineering provided an update to the Board for guidance concerning a Marathon Airport Customs Border Patrol (CBP) Facility. City of Marathon Vice - Mayor, Dick Ramsey addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to move forward with an Architect and Engineering Task Order contract to develop a feasibility plan layout in existing spaces and cost estimate - cost will be 1 -2 effort weeks of staff time plus A/E ( +/- $10k total). During discussion, the motion was amended to require that the Board be provided with data analysis of the potential costs and long term benefits to the community and Monroe County as well as possible funding sources. Roll call vote was unanimous. Peter Horton, Airports Director discussed the matter. Bill Ehrhorn, General Manager of the Marathon Jet Center addressed the Board. GROWTH MANAGEMENT Item J5 Richard Jones, Senior Administrator discussed with the Board and requested Staff direction to draft an Ordinance addressing anchoring impacts in association with the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program on anchoring and mooring, 1) designating Boca Chica basin and Sunset Cove as managed anchorage zones, including 2) requiring an annual USCG Auxiliary Vessel Check, 3) prohibition of At Risk vessels as tagged by FWC, 4) prohibition of floating structures, 5) requirement of proof of pumpout and 6) developing additional anchoring regulations for the partnering cities of Key West and Marathon. The following individuals addressed the Board: Charmaine Smith Ladd, representing Boater's Anchoring Rights & Responsibilities (BARR); Roger Bernstein, representing F &B Corporation; Naja Girard., Arnaud Girard, Mimi Stafford, Donna Bosold, and Bruce Popham, representing the Florida Keys National Marine Sanctuary Advisory Council. Christine Hurley, Growth Management Director discussed the matter. After discussion, Staff was directed to proceed with drafting an Ordinance which addresses the above impacts as well as including the designation of Key West Harbor as a managed anchorage zone, the development of an appeals process for vessel owners who feel they have been unfairly tagged as At -Risk, and that a clear distinction be made for requiring pump out of vessels for boaters who are here permanently /semi - permanently as opposed 1:o boaters just passing through. COUNTY ADMINISTRATOR Item 05 Mike Puto, Vice - president of Friends of Old Seven, Inc., introduced Bernard Spinrad, President of Friends of Old Seven, Inc., who gave a presentation before the Board for the approval of a resolution recognizing the Friends of Old Seven, Inc. as a leading organization 2011/176 in a joint venture which is expected to include Monroe County and various public and private organizations to save, rehabilitate and maintain the 2.2 mile segment of the Old Seven Mile Bridge in Marathon, FL. Said presentation document is incorporated herein by reference. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 283-2011 Said Resolution is incorporated herein by reference. CLOSED SESSIONS Item I1 Suzanne Hutton, County Attorney read the required information into the record. An Attorney- Client Closed Session of the Board of County Commissioners was held 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. 2:00 P.M. Item 12 Suzanne Hutton, County Attorney read the required information into the record. An Attorney- Client Closed Session of the Board of County Commissioners was held in the matter of Monroe County v. Donald and Diana Brady, Code Enforcement Case No. CE 10110094. Item I3 Motion was made by Commissioner Rice and seconded by Commissioner Neugent to continue the Attorney - Client Closed Session of the Board of County Commissioners in the matter of Florida Key Deer v. Craig Fugate, et al., Case No. 90- 10037 -CIV to October 19, 2011 at the Harvey Government Center in Key West at 1:30 P.M. Motion carried unanimously. GROWTH MANAGEMENT Item J1 The Board discussed an Interlocal Agreement (ILA) between Monroe County and the City of Key Colony Beach (City) reimbursing the City in the amount of $1,538.00 from Boating Improvement Funds for costs previously incurred for the installation of regulatory buoys during the past fiscal year. Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. Item K1 The Board discussed the progress report on the development of military compatibility criteria for inclusion into the Monroe County 2010 Comprehensive Plan, as required by Sections 163.3177 and 163.3175, Florida Statutes, and revisions to the Monroe County Technical Document related to military compatibility criteria. Christine Hurley, Growth Management Director discussed the matter. The following individual addressed the Board: Ron Demes, Executive Director - Business Manager of the Naval Air Station Key West addressed the Board. Suzanne Hutton, County Attorney discussed disclosure resolution # 067 - 1979. The Board requested for the transmittal process to be expedited. 2011/177 PUBLIC HEARINGS Item Q1 A Public Hearing was held to consider an Ordinance amending Monroe County Code Section 6 -108 clarifying the eligibility for waiver of building permit application fees and building permit fees for affordable housing; Providing for severability; Providing for repeal of inconsistent provisions; Providing for incorporation into the Monroe County Code; 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. 012 -2011 Said Ordinance is incorporated herein by reference. Item Q2 A Public Hearing to consider a request for Administrative Relief for Mario & Rosa Ruiz on Lot 11, Block 2, Key Largo Beach, Key Largo, Real Estate Number 00501620- 000000 was deleted from the agenda. Item Q3 A Public Hearing was held to consider a request for Administrative Relief for Jonathan Dahm on Lot 10, Block 10, Pirates Cove, Key Largo, Real Estate Number 00494280.0000000. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution approving the request in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously. RESOLUTION NO. 284-2011 Said Resolution is incorporated herein by reference. Item Q4 A Public Hearing was held to consider a request for Administrative Relief for Linda W. Harper, Rev. Liv. Tr. Ag. 10/22/03 on Lot 10, Block 8, Harris Ocean Park Estates, 1st Addition, Key Largo, Real Estate Number 00449970.000000. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution approving the request in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously. RESOLUTION NO. 285 -2011 Said Resolution is incorporated herein by reference. Item Q5 A Public Hearing was held to consider a request for Administrative Relief for Dennis & Janine Young on Lot 1, Block 7, Ocean Park Village, Key Largo, Real Estate Number 00446390.000000. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution approving the request in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously. RESOLUTION NO. 286 -2011 Said Resolution is incorporated herein by reference. 2011/178 Item Q6 A Public Hearing was held to consider a request for Administrative Relief for David Robertson Geis, Jr. & Christine Ruffner on Lot 8 & S 1/2 of 9, Block 2, Torchwood West Unit Two, Big Torch, Real Estate # 00243622.002100. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution per Staff recommendation in the form of a purchase offer from the Monroe County Land Authority. Christine Hurley, Growth Management Director discussed the matter. Motion carried unanimously. RESOLUTION NO. 287-2011 Said Resolution is incorporated herein by reference. Item Q7 A Public Hearing was held to consider a request for Administrative Relief for John D. and Mary Jane Schwartz, Rev Living Trust 11/30/04 on Lot 15, Block 1, Torchwood West Unit One, Big Torch, Real Estate # 00243621.001500. The Board accepted public input with the following individual addressing the Board: John Schwartz. Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Resolution per Staff recommendation in the form of a purchase offer from the Monroe County Land Authority. Motion carried unanimously. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice No Commissioner Wigington Yes Mayor Carruthers Yes Motion carried. RESOLUTION NO. 288-2011 Said Resolution is incorporated herein by reference. Item Q8 A Public Hearing was held to consider a request for Administrative Relief for Jesus Sanchez on Lot 9, Baywood, Key Largo, Real Estate # 00439670.000000. After discussion, motion was made by Commissioner Murphy and seconded by Mayor Carruthers to adopt the following Resolution per Staff recommendation approving the request for Administrative Relief in the form of a purchase offer from the Monroe County Land Authority. Motion carried unanimously. RESOLUTION NO. 289-2011 Said Resolution is incorporated herein by reference. Item Q9 A Public Hearing was held to consider an Ordinance amending Section 114 -67(c) of the Monroe County Land Development Code, concerning the required off - street parking requirements for multifamily residential dwelling units; Providing for severability; Providing for REVISION 2011/178 Item Q6 A Public Hearing was held to consider a request for Administrative Relief for David Robertson Geis, Jr. & Christine Ruffner on Lot 8 & S %2 of 9, Block 2, Torchwood West Unit Two, Big Torch, Real Estate # 00243622.002100. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution per Staff recommendation in the form of a purchase offer from the Monroe County Land Authority. Christine Hurley, Growth Management Director discussed the matter. Motion carried unanimously. RESOLUTION NO. 287-2011 Said Resolution is incorporated herein by reference. Item Q7 A Public Hearing was held to consider a request for Administrative Relief for John D. and Mary Jane Schwartz, Rev Living Trust 11/30/04 on Lot 15, Block 1, Torchwood West Unit One, Big Torch, Real Estate # 00243621.001500. The Board accepted public input with the following individual addressing the Board: John Schwartz. Christine Hurley, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Resolution per Staff recommendation in the form of a purchase offer from the Monroe County Land Authority. : • : . - :. - .. . Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice No Commissioner Wigington Yes Mayor Carruthers Yes Motion carried. RESOLUTION NO. 288-2011 Said Resolution is incorporated herein by reference. Item Q8 A Public Hearing was held to consider a request for Administrative Relief for Jesus Sanchez on Lot 9, Baywood, Key Largo, Real Estate # 00439670.000000. After discussion, motion was made by Commissioner Murphy and seconded by Mayor Carruthers to adopt the following Resolution per Staff recommendation approving the request for Administrative Relief in the form of a purchase offer from the Monroe County Land Authority. Motion carried unanimously. RESOLUTION NO. 289-2011 Said Resolution is incorporated herein by reference. Item Q9 A Public Hearing was held to consider an Ordinance amending Section 114 -67(c) of the Monroe County Land Development Code, concerning the required off - street parking requirements for multifamily residential dwelling units; Providing for severability; Providing for 2011/179 repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. There was no public input. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance, as amended. Said amendment as follows: One and two bedrooms have two parking spaces and three bedrooms and above have three parking spaces. Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice No Commissioner Wigington Yes Mayor Carruthers No ORDINANCE NO. 013 -2011 Said Ordinance is incorporated herein by reference. Item Q10 A Public Hearing was held to consider an Ordinance establishing Monroe County Code Section 114 -21, implementing a recyclable materials recycling program for multifamily and nonresidential developments of the Monroe County Land Development Code; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and 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. 014 -2011 Said Ordinance is incorporated herein by reference. Item Q11 A Public Hearing was held to consider an Ordinance amending Monroe Section 138 -22, type of development not affected, to incorporate criteria for residential ROGO exemptions; of the Monroe County Land Development Code, to incorporate criteria for Residential Rate of Growth Ordinance (ROGO) exemptions; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-2011 Said Ordinance is incorporated herein by reference. Item Q12 A Public Hearing was held to consider an Ordinance amending Monroe County Code Sections 101 -1, Definitions, and 118- 12(m)(4), Shoreline setback, docking facilities, adjacent parcel, to clarify what elements of docking facilities may be permitted on adjacent 2011/180 parcels of land; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. The Board accepted public input with the following individual addressing the Board: Ivars Upatniks. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 016-2011 Said Ordinance is incorporated herein by reference. Item Q13 A Public Hearing was held to consider an Ordinance amending Monroe County Code Section 110 -5 Notice, Section 110 -69 Minor Conditional Uses; and Section 110 -70 Major Conditional Uses, to modify the procedure for public notice of minor and major conditional use permit applications and to revise the process for reviewing minor and major conditional use permit applications; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-2011 Said Ordinance is incorporated herein by reference. GROWTH MANAGEMENT Items K2/K3 Christine Hurley, Growth Management Director discussed for Board direction the request for the reservation of sixteen (16) affordable dwelling unit ROGO allocation awards for Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine); and the request by Richard Beal to reserve up to 0.1392 HIMPACT with 0.4176 `HMITIGATION' for Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine). The following individuals addressed the Board: Tom Fletcher, representing Paradise Property and Richard Beal. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice directing Staff to decline both requests. Roll call vote was unanimous. Item J7 The Board discussed a Resolution by the BOCC confirming the administrative boundary interpretation of the Director of Planning & Environmental Resources in a Land Use District Map and Future Land Use Map (FLUM) boundary determination regarding a portion of part Lot 15 and part Government Lot 2, Sections 33 and 34, Township 62 South, Range 38 East, Key Largo having real estate number 00089910.000100. The following individual addressed the Board: Attorney John Jabro, representing Max Puyanic. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. 'REVISION 2011/181 RESOLUTION NO. 290 -2011 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Item P8 Susan Grimsley, Assistant County Attorney discussed an Amendment to a Lease dated 11/12/1997, for a strip of County -owned right -of -way located on Second Avenue, Mandalay Subdivision, Key Largo to enlarge the description of the leased parcel and reflect the current status of structures located on the leased parcel. The following individuals addressed the Board: Don Horton, representing Mandalay Oceanfront Grill and Attorney John Jabro, representing Florida Keys Quality Foods, Inc. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval and authorizing execution o the Amendment with the inclusion that the existing $1.00 $100.00 per month year lease charge be increased to $50.00 per month. Motion carried unanimously. Christine Hurley, Growth Management Director clarified that the Lessee does plan to cover the existing awning installed on the property. STAFF REPORTS Item E7 Public Works - Rose S. Washington, Sr. Administrator - Solid Waste Management gave a presentation on Solid Waste /Recycling. Said document is incorporated herein by reference. COUNTY ADMINISTRATOR Item 01 Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for August, 2011, dated September 6, 2011. Mr. Gastesi updated the Board concerning the Urban Area Security Initiative. Item 04 The Board discussed the Monroe County 2012 Legislative Agenda. Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the Monroe County 2012 Legislative Agenda. Motion carried unanimously. COUNTY ATTORNEY Item P1 Bob Shillinger, Chief Assistant County Attorney discussed the court ruling for Stand Up for Animals (SUFA) in the Third DCA — Case No. 3D11- 315 /16th Judicial Circuit Case No. CA -K -10 -1050 and requested a Closed Session be held with the Board to discuss settlement negotiations. The Closed Session was set for Wednesday, October 19, 2011 at the Harvey Government Center in Key West at 2:00 P.M. Mr. Shillinger also discussed status of the following litigation: No Name Key vs. Keys Energy, et. al., Case No. CA -K -11 -342; Florida Keys Outreach Coalition, Inc. (KOTS), Case No. CA -K -11 -911; and FEMA Case No. 11th Circuit No. 11- 11109 -I/S.D. Fla. L.T. 90- 100317 -Civ- Moore. 2011/182 Item P3 Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution authorizing the conveyance of thirty -nine (39) BOCC parcels of land (totaling 4.67 acres) located in Torch Key Estates, Little Torch Key, FL to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for inclusion in the Florida Forever Program. Motion carried unanimously. RESOLUTION NO. 291-2011 Said Resolution is incorporated herein by reference. Item P4 Suzanne Hutton, County Attorney discussed for direction to Staff to determine if the BOCC wants to change the time frame currently used for holding closed sessions held during regularly scheduled BOCC meetings. No official action was taken. Item P7 Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to advertise a Public Hearing for an Ordinance amending Section 23 -76 of the Monroe County Code to repeal the prerequisites for mobile traveling junk dealers. Motion carried unanimously. Item P9 Assistant County Attorney, Natileen Cassel discussed the award of a Contract for Lease and Option to Purchase the "Hickory House" property by Florida Yacht Charters & Sales, Inc., waive any deficiencies; and for direction to begin negotiations on the contract terms. The contract shall come back to the BOCC for final approval. In the event no contract terms can be negotiated, no further action will be taken on the other proposal. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to reject both bids and go back out for Request for Bids. Roll call vote was unanimous. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida ,,(4,0JA-Ce C. 49-.da/r/ Isabel C. DeSantis, Deputy Clerk