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10/19/2011 Regular 2011/183 REViSiON MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 19, 2011 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9=9910:30 A.M., at the Harvey Government Center. Present and answering to roll -- call were Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, Commissioner Kim Wigington, and Mayor Heather Carruthers. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk of Courts; 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 B2 Presentation of Mayor's Proclamation observing the week of October 16 -22, 2011 as Friends of Libraries Week in Monroe County. Item B3 Presentation of Mayor's Proclamation observing October 19, 2011 as Josh Clearman Day in Monroe County. BULK APPROVALS Item C 1 Board granted approval of annual update to Exhibit A as per the Memorandum of Understanding (MOU) between Monroe County and the University of Florida (UF) effective October 1, 2006 that specifies FY 2012 payroll costs for the jointly- funded Extension Agent positions. Item C2 Board granted approval for the Key Largo, Marathon, and Key West Branch Libraries to close at 6:00 P.M. on Wednesday, November 23, 2011. Item C3 Board adopted the following Resolution repealing Resolution No. 330 -1997 (The existing Marathon Airport Ground Transportation Resolution); providing for definitions; providing for the regulation of buses, courtesy vehicles, taxis and motor vehicles for hire; 184 providing for penalties for violations of this resolution; providing for severability; providing for the repeal of all resolutions inconsistent herewith; and providing an effective date. RESOLUTION NO. 292-2011 Said Resolution is incorporated herein by reference. Item C4 Board granted approval to initiate bid process for the food service contract currently held by GA Food Service, Inc., which provides food to both the Monroe County Nutrition Program and Bayshore Manor. Item C5 Board granted approval and authorized execution of Amendment 001 to the Older Americans Act (OAA) Contract AA- 1129 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In Home Services) for fiscal year 1 /1 /11 to 12/31/11. Item C6 Board granted approval and authorized execution of Amendment 002 to the Older Americans Act (OAA) Contract AA -1129 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In Home Services) for fiscal year 1 /1 /11 to 12/31/11. Item C7 Board adopted the following Resolution authorizing the Director of Social Services to execute contracts for Weatherization Assistance Program — Low Income Home Energy Assistance Program (WAP- LIHEAP) work on behalf of Monroe County under certain limited circumstances. RESOLUTION NO. 293-2011 Said Resolution is incorporated herein by reference. Item C8 Board granted approval and authorized execution of Amendment 003 to the Older Americans Act (OAA) Contract AA -1129 between the Alliance for Aging, Inc. and Monroe County Social Services. Item C9 Board adopted the following various Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 294-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 295-2011 Said Resolution is incorporated herein by reference. Amending Resolution No. 254 -2011 (OMB Schedule Item No. 3). RESOLUTION NO. 296-2011 Said Resolution is incorporated herein by reference. 185 Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 297-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 298-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 299-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 300-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 301-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 302-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 303-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 304-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 305-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 306-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 307-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 308-2011 186 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 309-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 310-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 18). RESOLUTION NO. 311-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 312-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 313-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 21). RESOLUTION NO. 314-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 22). RESOLUTION NO. 315-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 23). RESOLUTION NO. 316-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 24). RESOLUTION NO. 317-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 25). RESOLUTION NO. 318-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 26). RESOLUTION NO. 319-2011 Said Resolution is incorporated herein by reference. 187 Receipt of Unanticipated Funds(OMB Schedule Item No. 27). RESOLUTION NO. 320-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 28). RESOLUTION NO. 321-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 322-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 323-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 324-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 325-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 326-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 34). RESOLUTION NO. 327-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 35). RESOLUTION NO. 328-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 36). RESOLUTION NO. 329-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 37). RESOLUTION NO. 330-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 38). RESOLUTION NO. 331-2011 188 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 39). RESOLUTION NO. 332-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 40). RESOLUTION NO. 333-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 334-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 335-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 336-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 337 -2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 45). RESOLUTION NO. 338-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 46). RESOLUTION NO. 339-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 47). RESOLUTION NO. 340-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds(OMB Schedule Item No. 48). RESOLUTION NO. 341-2011 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 342 -2011 Said Resolution is incorporated herein by reference. 189 Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 343-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 344-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 345-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 346-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 54). RESOLUTION NO. 347-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 55). RESOLUTION NO. 348-2011 Said Resolution is incorporated herein by reference. Release of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 349-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 350-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 58). RESOLUTION NO. 351-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 352-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 60). RESOLUTION NO. 353-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 61). RESOLUTION NO. 354-2011 190 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 62). RESOLUTION NO. 355-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 63). RESOLUTION NO. 356-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 64). RESOLUTION NO. 357-2011 Said Resolution is incorporated herein by reference. Release of Unanticipated Funds (OMB Schedule Item No. 65). RESOLUTION NO. 358-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 66). RESOLUTION NO. 359-2011 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 67). RESOLUTION NO. 360-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 68). RESOLUTION NO. 361-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 69). RESOLUTION NO. 362-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 70). RESOLUTION NO. 363-2011 Said Resolution is incorporated herein by reference. Item C10 Board granted approval and authorized execution of the following Fiscal Year 2012 Contracts with non - profit organizations funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB) and those funded directly by County Commissioners: AIDS Help, Inc., in the amount of $24,000; American Red Cross, in the amount of $10,000; Be The Change -Kids Come First Program, in the amount of $25,000; Be The Change - Monroe Youth Challenge Program, in the amount of $20,000; Big Pine Athletic Association, in the amount of $44,000; Boys and Girls Club, Inc., in the amount of $40,000; Domestic Abuse Shelter, in the amount of $30,000; Florida Keys Area Health 191 Education Center, in the amount of $35,000; Florida Keys Area Health Education Center, Inc., in the amount of $35,000; Florida Keys Children's Shelter, Inc., in the amount of $149,000; Florida Keys Healthy Start Coalition, Inc., in the amount of $20,000; Florida Keys Outreach Coalition, Inc., in the amount of $34,000; Good Health Clinic, Inc., in the amount of $40,000; Grace Jones Day Care Center, in the amount of $29,000; Guidance Clinic /Care Center, in the amount of $1,118,119 - Mental Health Services /$540,000; Jail In House Program/$69,177; Community Transportation Match/$28,062; Baker Act MH Services Match/$334,880; Baker Act Transportation/$146,000; Heart of the Keys (Marathon Rec), in the amount of $30,400; Heron/Peacock, in the amount of $25,000; Helpline, Inc., in the amount of $5,000; Historic Florida Keys Foundation, in the amount of $28,500; Hospice of the Florida Keys, Inc., in the amount of $126,000; Independence Cay Transitional Housing, in the amount of $20,000; Keys Area Interdenominational Resources, in the amount of $22,000; Literacy Volunteers of America - Monroe County, Inc., in the amount of $5,000; Monroe Association for Retarded Citizens (MARC), in the amount of $153,000; Monroe Council of the Arts, in the amount of $57,000; Monroe County Education Foundation, Inc., - Keys Center (PACE), in the amount of $59,000; Rural Health Network of Monroe County, Florida, Inc., in the amount of $327,600 - Children's dental services /$54,000; Primary /oral health care services /$273,600; Samuel's House, Inc., in the amount of $74,000; Southernmost Homeless Assistance League, in the amount of $3,000; Star of the Sea Foundation, in the amount of $44,000; Wesley House Family Services, Inc., in the amount of $143,600; Womankind, Inc., in the amount of $75,000; Upper Keys Pool, in the amount of $180,000. AARP Big Pine Key in the amount of $4,500; AARP Lower Keys, in the amount of $4,500; AARP Middle Keys, in the amount of $4,500; AARP Upper Keys, in the amount of $4,500; Older American Volunteer Program, in the amount of $500; LK Medical Center -Baker Act match (per settlement agreement) in the amount of $83,334. Item C11 Board ratified the previously executed Federal Aviation Administration Grant #3- 12- 0037 - 044 -2011 providing funding to "Construct Terminal Building" at the Key West International Airport. Item C12 Board ratified the previously executed Federal Aviation Administration Grant #3- 12- 0037 - 045 -2011 providing funding to "Conduct Noise Compatibility Plan Study (Part 150 Noise Study)" at the Key West International Airport. Item C13 Board ratified the previously executed Federal Aviation Administration Grant #3- 12- 0044 - 029 -2011 providing funding to "Acquire Emergency Generator and Remove Obstructions (Runway 25 Protection Zone)" at The Florida Keys Marathon Airport. Item C14 Board granted approval and authorized execution of Purchase Service Order #11- 12-02 with URS for "Title 14 CFR Part 150 Study Update" at the Key West International Airport. Item C15 Board granted approval and authorized execution of the Non - Federal Preliminary Design Reimbursable Agreement #AJW -FN- ESA -11 -7098 which is entitled "Preliminary Design Reimbursable Agreement for Relocate Fish Hook Non - Directional Beacon (NDB) at Key West, Florida" between the Department of Transportation Federal Aviation Administration and Monroe County, Florida / Key West International Airport, Key West, Florida. 192 Item C16 Board granted approval of the Award of Bid to The Hertz Corporation for the "Car Rental Preparation Area or other Aeronautical Activities Lease" Request for Proposals at the Key West International Airport. Item C17 Board granted approval and authorized execution of an Environmental Consulting Services Agreement with Feher Environmental Consulting, Inc. for professional services at Key West International Airport and The Florida Keys Marathon Airport. Item C18 Board granted approval and authorized execution of a Financial Consulting Services Agreement with Newton & Associates, Inc. for professional services at Key West International Airport and The Florida Keys Marathon Airport. Item C19 Board granted approval to renew Specific Excess Worker's Compensation Insurance from Star Insurance Company of Brown & Brown Insurance for an annual premium of $190,444 (unauditable) with a self - insured retention of $500,000 for the period of October 1, 2011 to September 30, 2012. Item C21 Board granted approval for completion of application and agreement, with staff completing the necessary forms, with United Concordia Insurance Company for fully- insured voluntary dental benefits for a term of two (2) years to become effective January 1, 2012 through December 31, 2013. Item C22 Board granted approval for completion of application and agreement, with staff completing the necessary forms, with Vision Service Plan Insurance Company for fully- insured voluntary vision benefits for a term of two (2) years to become effective January 1, 2012 through December 31, 2013. Item C23 Board granted approval of a Workers' Compensation settlement in the amount of $110,850.00, inclusive of Medicare Set Aside, attorney fees and costs for file #WCO222010100528 -MP. Item C25 Board granted approval and authorized execution of a Contract Amendment with Wells Fargo Third Party Administrators, Inc. to provide medical run -out claim services. Item C26 Board granted approval to award bid and authorized execution of a Contract with JVA Engineering Contractor, Inc. for the Card Sound Road Restoration Project. Item C27 Board granted approval to modify the fee structure for the use of Government meeting rooms and Channel 76 televising costs for FY12. Item C28 Board granted approval to exercise the first option to renew the Contract with Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key, Monroe County. 193 Item C29 Board granted approval and authorized execution of a Contract with Carrier Commercial Services as sole source provider for a service agreement to include preventative maintenance for the two Carrier chiller units and equipment at the Gato Building in Key West. Item C30 Board granted approval and authorized execution of a Lease Agreement, effective October 19, 2011 to October 18, 2036, with the Florida Keys Children's Shelter, Inc. a Florida Item not - for - profit corporation, to provide facilities and services to abused youth and families in the community. Item C31 Board granted approval to award bid and enter into a Contract with Siemens Industry, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. Item C32 Board granted approval and authorized execution of an Interlocal Agreement with the City of Marathon for utilization of the County meeting room in Marathon for 24 City Council meetings. Item C33 Board granted approval to award Public Works surplus items as described in attached Recap of Bid Opening on September 20th, 2011 (Items 1, 7, 8, 15, 16, 18, 19, 20, 21, 22, 23, 24, 29, 30 & 31). Item C34 Board granted approval to transfer title of County vehicle number 0902/6000 (serial number 1GCFG25M4X1126377) to the Florida Keys Wild Bird Rehabilitation Center, Inc. located in the Upper Keys. Item C36 Board granted approval for Staff to continue purchasing air time on Radio Ritmo, the only bilingual station in the Florida Keys, in an effort to continue outreach and education efforts to our Spanish speaking residents regarding our Solid Waste and Recycling Goals, Programs and events. Item C37 Board granted approval to pay Intercon Solutions, Monroe County's sole source Electronic Waste (E- Waste) Recycling/Disposal vendor, for current invoices totaling $6,126.50 [five (5) invoices in the amounts of $1,183.80, $1,183.80, $1,274.30, $1,274.30 and $1,210.30] and any pending invoices up to $3,873.50 for services rendered before 10/1/2011, for recent Ewaste Collection events and E -Waste dumpsters located at the Cudjoe and Long Key Transfers Stations and at the Magnolia Recycling Center. This represents 31,265 lbs. of E -waste collected and sent for recycling/disposal. Item C39 Board granted approval and authorized execution of Modification #1 to reinstate and extend grand expiration of Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training (OG &T), through the State of Florida Division of Emergency Management (DEM) sub -grant Agreement # 09DS- 24- 11 -23 -02 -011, no county funding required, in the amount of $336,998.00, and 194 authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C40 Board granted approval of the first Renewal Agreement effective from October 1, 2011 through September 30, 2012, with Gila LLC d/b /a Municipal Services Bureau (MSB) for collections of outstanding account receivables from ground and air ambulance transports. Item C41 Board granted approval and authorized execution of a Memorandum of Agreement (MOA) between the Florida Department of Corrections (DOC) and the Monroe County Board of County Commissioners for Monroe County Fire Rescue for the purpose of providing emergency and non - emergency services to the Big Pine Key Road Prison for the period September 29, 2011 to September 30, 2016. Item C42 Board accepted the Monroe County Length of Service Award Program (LOSAP) actuarial valuation report for the Plan Year 2011; transfer of funds for Plan Year 2011 and 1986 into the LOSAP Trust Fund; approval of Resolution authorizing each eligible participant in LOSAP to be credited with additional year of service. RESOLUTION NO. 364-2011 Said Resolution is incorporated herein by reference. Item C43 Board granted approval and authorized execution of a Contract with Metric Engineering, Inc., for Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path Project. Item C44 Board granted approval to negotiate a contract with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for the No Name Key Bridge Repair Project. Item C45 Board granted approval and authorized execution of a First Amendment to Agreement with Pedro Falcon Electrical Contractor's Inc. for the Renovation and Addition of Fire Station #17 in Conch Key. Item C46 Board granted approval and authorized execution of a contract with Currie, Sowards, Aguila Architects, (CSA), to draw a preliminary design of a parking facility on Thomas Street. Item C47 Board granted approval and authorized execution of a Contract for Professional Services with William P. Horn Architect P.A. for Restroom and Shower Facilities at the Crawl Key Fire Training site. Item C48 Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. 195 Item C49 Board approved the following Resolution to repeal Resolution No. 168 -2011 and adopt replacement resolution extending the date to accept capacity fees from 30 September 2011 to 29 February 2012 for those properties in the Big Coppitt and Duck Key Service Areas that developed between adoption of the non -ad valorem tax roll Final Assessment Resolution 302- 2007 on 10 September 2007 and adoption of the capacity fee Resolution 168 -2011 on 15 June 2011. RESOLUTION NO. 365-2011 Said Resolution is incorporated herein by reference. Item C50 Board granted approval and authorized execution of an Addendum Agreement - Case #FL11- 3929 -00, with AT &T which includes additional speeds of 250Mb /s and 500 Mb /s to our existing Metro Ethernet wide area network agreement and change the speed of the existing Metro Ethernet connection at the Harvey Government Center from 100 Mb /s to 250Mb /s. Item C51 Board granted approval to advertise for construction bids for the Tom's Harbor Channel Bridge Repair Project. Item C52 Board granted approval and authorized execution of a Task Order Contract with MBI/K2M Architects under their continuing services agreement with the County. This task order contract for NTE $7,000 will provide initial site layout and feasibility grade cost estimate to construct a Customs and Border Protection (CBP) area at the Marathon Airport in the area identified by CBP representatives. TOURIST DEVELOPMENT COUNCIL Item Dl Board granted approval and authorized execution of an Agreement with Dolphin Research Center, Inc., in an amount not to exceed $44,647, DAC III, FY 2012 Capital Resources. Item D2 Board granted approval and authorized execution of an Agreement with Key West Film Society, Inc., for the Tropic Cinema Phase Seven: Conversion to Digital Projection project in an amount not to exceed $150,000, DAC I, FY 2012 Capital Resources. Item D3 Board granted approval and authorized execution of the following Cultural Umbrella Event Agreements for FY 2012 as totaling $465,803: Agreement with Upper Keys Business Group, Inc. covering the Key Largo Pirate's Fest in October 2011 in an amount not to exceed $18,350, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Garden Club, Inc. covering the Key West Garden Club 2011 -2012 Seasonal Events between October 2011 and April 2012 in an amount not to exceed $14,279, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2011 -2012 Season between October 2011 and June 2012 in an amount not to exceed $20,779, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Botanical Garden Society, Inc. covering the Key West Tropical Forest & Botanical Garden Cultural Events between October 2011 and August 2012 in an amount not to exceed $18,290, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Marathon Community Theatre, Inc. covering the Marathon Community Theatre 2011 -2012 Season between October 2011 and 196 September 2012 in an amount not to exceed $20,600, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Key West — Harry S. Truman Foundation, Inc. covering the Truman 2012 between October 2011 and September 2012 in an amount not to exceed $17,827, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Art and Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events Series for 2011- 2012 between October 2011 and September 2012 in an amount not to exceed $20,929, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Florida Keys History of Diving Museum, Inc. covering the Immerse Yourself— Enhanced Diving Experience between October 2011 and September 2012 in an amount not to exceed $15,281, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2011 -2012 Event Season between October 2011 and September 2012 in an amount not to exceed $16,993, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Saint Paul's Protestant Episcopal Church of Key West, Florida covering the Performance at St. Paul's between October 2011 and September 2012 in an amount not to exceed $8,912, FY 2012 Two Penny Cultural Umbrella Funding; Approval of an Agreement with Red Barn Actors' Studio, Inc. covering the Red Barn Theatre 2011 -2012 Theatre Season between October 2011 and September 2012 in an amount not to exceed $20,281, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Morada Way Arts & Cultural District, Inc. covering the Morada Way Third Thursday Walkabouts & Fine Art Expo between October 2011 and September 2012 in an amount not to exceed $18,610, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Mel Fisher Maritime Heritage Society, Inc. covering The Keys Maritime Exploration Series between October 2011 and September 2012 in an amount not to exceed $19,818, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Film Society, Inc. covering The Art of Film in Key West between October 2011 and September 2012 in an amount not to exceed $18,105, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Pirate Tours of Key West covering the Pirates in Paradise Festival 2011 between November and December 2011 in an amount not to exceed $16,947, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Florida Keys Community Concert Band, Inc. covering the Pops in the Park between November 2011 and April 2012 in an amount not to exceed $15,598, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festivals between November 2011 and April 2012 in an amount not to exceed $16,802, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with No Matter What Productions, Inc. covering the 12 Step Music Fest between November 2011 and November 2012 in an amount not to exceed $14,192, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Old Island Restoration Foundation, Inc. covering the Key West House & Garden Tours; Conch Shell Blowing Contest between December 2011 and March 2012 in an amount not to exceed $13,619, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with The Key West Pops, Inc. covering the Key West Pops' 2011 -2012 Season between December 2011 and April 2012 in an amount not to exceed $14,678, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Literary Seminar, Inc. covering the Key West Literary Seminar (30 Annual) in January 2012 in an amount not to exceed $18,012, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic (18 Annual) in January 2012 in an amount not to exceed $7,713, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key West Art Center, Inc. covering the Key West Craft Show and Old Island Days Art Festival between January and[ February 2012 in an amount not to exceed $7,075, FY 2012 Two Penny Cultural 197 Umbrella Funding; Agreement with Key West Council on the Arts, Inc. covering the Impromptu Classical Concerts between January and July 2012 in an amount not to exceed $17,422, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Marathon Garden Club, Inc. covering the Marathon Garden Club's House & Garden Tour in February 2012 in an amount not to exceed $9,840, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in February 2012 in an amount not to exceed $17,850, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Key Largo Merchants Association, Inc. covering the Key Largo's Original Music Festival in May 2012 in an amount not to exceed $18,650, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Merging Ideas Developing Arts Corporation covering the Key West Modern Dance in June 2012 in an amount not to exceed $8,810, FY 2012 Two Penny Cultural Umbrella Funding; Agreement with Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival (28 Annual) in July 2012 in an amount not to exceed $7,749, FY 2012 Two Penny Cultural Umbrella Funding; Approval of an Agreement with Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in September 2012 in an amount not to exceed $11,792, FY 2012 Two Penny Cultural Umbrella Funding. Item D4 Board granted approval and authorized execution of the following Fishing Umbrella event agreements for FY 2012 totaling $261,000: Agreement with Pigeon Key Foundation, Inc. covering the Pigeon Key Centennial Celebration Fishing Tournament (PKCCFT) in November 2011 in an amount not to exceed $5,000, FY 2012 Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Redbone Celebrity Tournament in November 2011 in an amount not to exceed $5,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament in December 2011 in an amount not to exceed $2,500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December 2011 in an amount not to exceed $3,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tammie Gurgiolo covering the Key Largo Sailfish Challenge in December 2011 in an amount not to exceed $6,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in December 2011 in an amount not to exceed $7,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackeral Tournament in January 2012 in an amount not to exceed $15,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between January and November 2012 in an amount not to exceed $42,250, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tournament Consultants, Inc. covering the Backcountry Fly Championship in February 2012 in an amount not to exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tammie Gurgiolo covering the Islamorada Women's Sailfish Tournament in February 2012 in an amount not to exceed $1,750, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Capt. Justin Rea covering the Cuda Bowl in February 2012 in an amount not to exceed $5,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Matthew Anthony covering the Capt. Leon Shell Memorial Sailfish Tournament (14 Annual) in March 2012 in an amount not to exceed $10,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with March Merkin Inc. covering the March Merkin Permit Tournament in March 2012 in an amount not to exceed $4,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with David 198 Breznicky covering the Tarponian Tournament in April/May 2012 in an amount not to exceed $3,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tournament Consultants, Inc. covering the Jim Bokor Islamorada All- Tackle Spring Bonefish Tournament in April 2012 in an amount not to exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Executive Adventures, LLC covering the World Sailfish Championship in April 2012 in an amount not to exceed $45,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with The Redbone, Inc. covering the Redbone @ Large La Siesta Sunrise /Sunset Tarpon Tourney in April 2012 in an amount not to exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Golden Fly Invitational Tarpon Tournament, Inc. covering the Outback Golden Fly Tarpon Tournament in May 2012 in an amount not to exceed $500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament in May 2012 in an amount not to exceed $11,500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Coral Shores Athletic Booster Club, Inc. covering the Nick Sheahan Dolphin Rodeo in May 2012 in an amount not to exceed $6,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Marathon Offshore Bull & Cow Dolphin Tournament, Inc. covering the Marathon Offshore Bull & Cow Dolphin Tournament in May 2012 in an amount not to exceed $6,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June 2012 in an amount not to exceed $500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Gold Cup Tarpon Tournament, Inc. covering the Gold Cup tarpon Tournament in June 2012 in an amount not to exceed $500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Dolphin Tournament in June 2012 in an amount not to exceed $10,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Dolphin Tournament in June 2012 in an amount not to exceed $4,500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Interselect, Inc. dba Burdines Waterfront covering the Dolphin & Blackfin Tuna Fun Fishing Tournament (12 Annual) in June 2012 in an amount not to exceed $3,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with University of Florida Alumni Association, Inc. covering the Key West Gator Club Dolphin Derby in June 2012 in an amount not to exceed $6,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Tournament Consultants, Inc. covering the Del Brown Permit Tournament in July 2012 in an amount not to exceed $2,500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July 2012 in an amount not to exceed $30,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Charlotte Ambrogio covering the Islamoradaa Fall Fly Bonefish Tournament in September 2012 in an amount not to exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountry Challenge in September 2012 in an amount not to exceed $1,500, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Marathon International Bonefish Club, Inc. covering the Marathon International Bonefish Tournament in September 2012 in an amount not to exceed $5,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with The Redbone, Inc. covering the Robert James Sales SLAM Celebrity Tournament in September 2012 in an amount not to exceed $6,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with Charlotte Ambrogio covering the Islamorada All Tackle Bonefish World Championship in October 2012 in an amount not to exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding; Agreement with The Redbone, Inc. covering 200 Item D16 Board granted approval and authorized execution of an Agreement with Keys Area Interdenominational Resources, Inc. covering Sombrero Beach Run in 2012 in an amount not exceed $20,000, DAC III, FY 2012 Event Resources. Item D17 Board granted approval and authorized execution of an Agreement with Monroe County Commercial Fisherman, Inc. for the Florida Keys Seafood Festival in 2012 in an amount not to exceed $25,000, DAC I, FY 2012 Event Resources. Item D18 Board granted approval and authorized execution of an Agreement with Super Boat International Productions, Inc. covering Key West World Championship Race in November, 2012 in an amount not to exceed $120,000, DAC I, FY 2012 Event Resources. Item D19 Board granted approval and authorized execution of an Agreement with Shoot for the Moon covering Battle in the Bay Dragon Boat Festival in May 2012 in an amount not to exceed $30,000, DAC III, FY 2012 Event Resources. Item D20 Board granted approval and authorized execution of an Agreement with Hawk's Cay Resort covering Conchtoberfest 2012 in an amount not to exceed $40,000, DAC III, FY 2012 Event Resources. Item D21 Board granted approval and authorized execution of an Agreement with 218 Duval Street Corp. Covering Fight Night in the Keys V in an amount not to exceed $50,000, DAC I, FY 2012 Event Resources. Item D22 Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art Festival in 2012 in an amount not to exceed $10,000, DAC II, FY 2012 Event Resources. Item D23. Approval of an Amendment with Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in 2012 in an amount not to exceed $50,000, DAC III, FY 2012 Event Resources. Item D24. Approval of an Agreement with Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab and Seafood Festival in 2012 in an amount not to exceed $30,000, DAC V, FY 2012 Event Resources. Item D25 Board granted approval and authorized execution of an Agreement with Key West Business Guild, Inc. covering Tropical Heat Key West in August, 2012 in an amount not to exceed $17,000, DAC I, FY 2012 Event Resources. Item D26. Approval of an Agreement with Key West Business Guild, Inc. covering Key West Pride in June, 2012 in an amount not to exceed $35,000, DAC I, FY 2012 Event Resources. Item D27 Board granted approval and authorized execution of an Agreement with Key West Business Guild, Inc. covering Womenfest in September 2012 in an amount not to exceed 201 $35,000, DAC I, FY 2012 Event Resources. Item D28 Board granted approval and authorized execution of an Amendment for the 2011 Key West Gator Club Dolphin Derby Agreement to correct name of event sponsor to University of Florida Alumni Association, Inc. dba Key West Gator Club. Item D29 Board granted approval and authorized execution of an Agreement with Mad Dog Mandich Fishing Classic, LLC covering the Publix Mad Dog Mandich Fishing Classic in October 2012 in an amount not to exceed $10,000, DAC IV, FY 2012 Event Resources. Item D30 Board granted approval and authorized execution of an Amendment for the 2011 Key West Half Marathon Agreement to correct name of event sponsor to University of Florida Alumni Association, Inc. dba Key West Gator Club. Item D31 Board granted approval and authorized execution of an Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project to extend completion date to December 31, 2011. Item D32 Board granted approval and authorized execution of an Agreement with Phil Peterson's Key West Poker Run, LLC covering Phil Peterson's 40th Key West Poker Run in September 2012 in an amount not to exceed $50,000, DAC I, FY 2012. Event Resources and $7,500, DAC II, FY 2012 Event Resources. Item D33 Board granted approval and authorized execution of an Agreement with TRIKW, LLC covering the Key West Triathlon and Expo in November/December 2012 in an amount not to exceed S25,000, DAC I, FY 2012 Event Resources. Item D34 Board granted approval to rescind agreement with EcoWeek Events, Inc. for Eco Week 2011. Item D35 Board granted approval and authorized execution of an Agreement with Upper Keys Community Pool, Inc., covering Orange Bowl Winter Training and Swim Classic in December 2012 in an amount not to exceed $50,000, DAC V, FY 2012 Event Resources. Item D36 Board granted approval and authorized execution of an Agreement with Ragnar Events, LLC covering Ragnar Relay Florida Keys in January 2012 in an amount not to exceed $82,500, FY 2012 Event Resources. GROWTH MANAGEMENT Item H1 Board adopted the following Resolution amending the boundaries of five (5) County Commission Districts as required by Article VIII, Section 1.(e) of the Florida Constitution according to Florida Statues Chapter 124, as follows: District No. 3 of the County Commission shall comprise a portion of the City 202 of Key West, and an unincorporated area of the County, and shall be more particularly described as follows: That area within the City of Key West and unincorporated Monroe County lying Southwesterly of a line described as follows: Commencing at a point on the centerline of Bertha Street projected Southeasterly three miles into the Atlantic Ocean; thence in a Northwesterly direction along the extension of the centerline of Bertha Street for three miles to the Southwesterly shoreline of the City of Key West and thence along the centerline of Bertha Street in a Northwesterly direction to a point where it intersects the centerline of Flagler Avenue; thence running in a Northeasterly direction along the centerline of Flagler Avenue to a point where it intersects the centerline of the Riviera Canal; thence in a Northwesterly direction along the centerline of the Riviera Canal to a point where it intersects the centerline of North Roosevelt Boulevard, also known as U.S. Highway No. 1; thence in a Northeasterly direction along the centerline of North Roosevelt Boulevard to a point where it intersects the centerline of Toppino Drive; thence along the extension of the Centerline of Toppino Drive in a Northwesterly direction to the shoreline of the City of Key West and extending Northwest for nine miles into the Gulf of Mexico. The area also includes all of Dredgers Key and the area known as the Dry Tortugas. District No. 1 of the County Commission shall comprise a portion of the City of Key West and the unincorporated area of Monroe County and shall be more particularly described as follows: That area within the City of Key West and unincorporated Monroe County, known as Stock Island and Raccoon Key (A.K.A. Key Haven) lying Northeasterly of a line described as follows: Commencing at a point on the centerline of Bertha Street projected Southeasterly three miles into the Atlantic Ocean; thence in a Northwesterly direction along the extension of the centerline of Bertha Street for three miles to the Southwesterly shoreline of the City of Key West and thence along the centerline of Bertha Street in a Northwesterly direction to a point where it intersects the centerline of Flagler Avenue; thence running in a Northeasterly direction along the centerline of Flagler Avenue to a point where it intersects the centerline of the Riviera Canal; thence in a Northwesterly direction along the centerline of the Riviera Canal to a point where it intersects the centerline of North Roosevelt Boulevard, also known as U.S. Highway No. 1; thence in a Northeasterly direction along the centerline of North Roosevelt Boulevard to a point where it intersects the centerline of Toppino Drive; thence along the extension of the Centerline of Toppino Drive in a Northwesterly direction to the shoreline of the City of Key West and extending Northwest for nine miles into the Gulf of Mexico. Said area ending at a point on the centerline of U.S. Highway No. 1 at the South end of the Boca Chica Bridge to a line extending perpendicular to U.S. Highway No. 1, Northwesterly 9 miles into the Gulf of Mexico and a line extending perpendicular to U.S. Highway No. 1, Southeasterly three miles into the Atlantic Ocean. District No. 2 of the County Commission shall comprise a portion of the City of Marathon and the unincorporated area of Monroe County and shall be more particularly described as follows: All of the territory lying Northeasterly of a point on the centerline of U.S. Highway No. One at the South end of the Boca Chica Bridge with a line extending perpendicular to U.S. Highway No. 1, Northwesterly 9 miles into the Gulf of Mexico and a line extending perpendicular to U.S. Highway No. 1, Southeasterly three miles into the Atlantic Ocean to a point on the Centerline of U.S. Highway No. 1 at the North end of the Seven Mile Bridge (South shoreline of the City of Marathon) to a line being perpendicular to U.S. 203 Highway No. 1 and extending Southeasterly three miles into the Atlantic Ocean; Also the territory lying Northerly of the centerline of U.S. Highway No. 1 in the City of Marathon, commencing at the North end of the Seven Mile Bridge and extending Northeasterly along the centerline of U.S. Highway No. 1 to a point that intersects the centerline of 63rd Court; thence along the centerline of 63rd Court in a Northerly direction to the shoreline of the Gulf of Mexico and then extending along the centerline of 63rd Court into the Gulf of Mexico for 9 miles. District No. 4 of the County Commission shall comprise a portion of the City of Marathon, a portion of Islamorada, Village of Islands, all of Key Colony Beach (City), all of Layton (City) and a portion of the unincorporated area of Monroe County and shall be more particularly described as follows: All of the territory lying Northerly of the Seven Mile Bridge (less the area Lying Northerly of U.S. No. 1, from the North end of the Seven mile Bridge to the centerline of 63rd Court), commencing at a point being three miles Southeasterly of a perpendicular line to U.S. Highway No. 1 at the North end of the Seven mile Bridge and extending Northeasterly to the shoreline of the City of Marathon; thence all of the Territory lying Southerly of U.S. Highway No. 1 at the North end of the Seven Mile Bridge and extending along the centerline of U.S. Highway No. 1 to a point on the intersection of the centerline of 63rd Court; thence all of the territory laying Northeasterly and Northerly of the centerline line of 63rd Court lying Northerly of U.S. Highway No. 1, along the centerline of 63rd Court in a Northerly direction to the shoreline of the City of Marathon, and extending along the centerline of 63rd Court for three miles in a Northwesterly direction into the Gulf of Mexico; Also all of the remaining territory of the City of Marathon and all of the Territory Northeasterly of the City of Marathon extending to a point on U.S. Highway No. 1 where it intersects the centerline of Plantation Avenue in Tavernier; thence in a Westerly direction along centerline of Plantation Avenue to the shoreline of the Gulf of Mexico and then extending the centerline of Plantation Avenue, Westerly into the Gulf of Mexico for 9 miles; also the territory lying Southerly of U.S. Highway No. 1 to the shoreline of Tavernier Creek; thence Southerly along the centerline of Tavernier Creek to the Atlantic Ocean and then to a line extending Easterly 3 miles into the Atlantic Ocean. District No. 5 of the County Commission shall comprise the following more particularly described territory of Monroe County: All of the territory lying Northerly of the centerline of U.S. Highway No. 1 where it intersects the centerline of Plantation Avenue in Tavernier; thence in a Westerly direction along centerline of Plantation Avenue to the shoreline of the Gulf of Mexico and then extending the centerline of Plantation Avenue, Westerly into the Gulf of Mexico for 9 miles; also the territory lying Northerly of U.S. Highway No. 1 to the shoreline of Tavernier Creek; thence Southerly along the centerline of Tavernier Creek to the Atlantic Ocean and then to a line extending Easterly 3 miles into the Atlantic Ocean; said area extending to the Monroe County Line and the area known as the Florida mainland and Everglades. RESOLUTION NO. 366 - 2011 Said Resolution is incorporated herein by reference. 204 Item H7 Board adopted the following Resolution setting a Public Hearing for November 16, 2011, 3:00 P.M. at the Murray E. Nelson Government & Cultural Center, Key Largo to consider the abandonment of a 12.77 SF portion of right -of -way along King Street that was not included in a recent road abandonment of a portion of the western half of King Street (Resolution No. 146 - 2011) that is adjacent to Block 6 and Blue Runner Street in Anglers Park Subdivision, Key Largo. RESOLUTION NO. 367-2011 Said Resolution is incorporated herein by reference. Item H8 Board granted approval of Work Order #1 in the amount of $59,555.16 under the BOCC approved URS Transportation Planning Continuing Services contract to complete the 2011 US 1 Arterial Travel Time and Delay Study retroactive to February 18, 2011. Item H9 Board granted approval of Work Order #2 in the amount of $50,000 under the URS Transportation Planning Continuing Services contract for Traffic Impact Reports and Concurrency Management retroactive to May 12, 2011. Item H10 Board granted approval and authorized execution of Supplemental Joint Participation Agreement (JPA) No. 3 with the Florida Department of Transportation (FDOT) for Contract #A0U27 to extend the Transportation Planning Consultant and Staff Assistance JPA term from December 31, 2011 to December 31, 2012 and to add $45,000 to the grant total. Item H11 Board granted approval of a refund to MDM Services, Inc. in the amount of $794.00 for a Non - Residential (NROGO) Permit Allocation Application (Receipt #03000006131). Item H12 Board granted approval of Building Permit Refund fees to BC Enterprises in the amount of $70.00 for Permit #'s 10 -3 -07074 issued on 11/24/2010 and 11 -03 -07927 issued on 4/21/2011. COURT ADMINISTRATION Item L1 Board granted approval to purchase hardware and maintenance agreement from CDW -G under State of Florida contract pricing to install wireless networks in the Freeman Justice Center, Marathon Courthouse and Plantation Key Courthouse. SHERIFF'S DEPARTMENT Item MI Board granted approval of the following requests for expenditure from the Law Enforcement Trust Fund in the total amount of $21,000: $10,000.00 To share in the Pilot program of a Mobile Outreach Program serving homeless people at various locations throughout the City of Key West to reduce the number of people who are homeless on the streets. 205 $5,000.00 To help the Key West High School Conchettes with the expenses of uniforms, accessories and travel expenses for special events. $6,000.00 Toyz for Keys Kidz - To provide toys to Monroe County's less fortunate kids at Christmas time ($2,000 for each District - Upper/Middle /Lower. Item M2 Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County Sheriff's Office and the Board of County Commissioners which will allow the release of E911 grant funds, already awarded and being held by the Clerk, to purchase new replay voice recorder for Ocean Reef Public Service Answering Point (PSAP). HEALTH DEPARTMENT Item N1 Board granted approval and authorized execution of a Contract between Monroe County Board of County Commissioners and the State of Florida, Department of Health for operation of the Monroe County Health Department- contract year 2011- 2012. COMMISSIONERS' ITEMS Item P1 Board granted approval of Mayor Carruthers' appointment of Lilli Ferguson to the Monroe County Marine & Port Advisory Committee. COUNTY CLERK Item Q2 Board granted official approval of the Board of County Commissioners' minutes from the Regular Meeting of August 17, 2011 and Special Meetings of September 7, 12, 15, 2011 (previously distributed). Item Q3 Board granted approval of the following Warrants: (106448 - 106523 and 567032 - 567975) General Fund (001), in the amount of $1,219,496.77; Fine & Forfeiture Fund (101), in the amount of $111,420.23; Road and Bridge Fund (102), in the amount of $62,473.75; TDC District Two Penny (115), in the amount of $248,500.83; TDC Admin. & Promo 2 Cent (116), in the amount of $696,109.60; TDC District 1,3 Cent (117), in the amount of $89,293.51; District 2,3 Cent (118), in the amount of $14,676.41; TDC District 3,3 Cent (119), in the amount of $87,976.84; TDC District 4,3 Cent (120), in the amount of $62,700.72; TDC District 5,3 Cent (121), in the amount of $59,089.81; Gov. Fund Type Grants (125), in the amount of $609,643.49; Impact Fees Fire & EMS (135), in the amount of $35,000.00; Fire & Amb District 1 L &M Keys (141), in the amount of $166,324.46; Upper Keys Health Care (144), in the amount of $615.79; Uninc Svc Dist Parks & Rec (147), in the amount of $47,270.03; Plan, Build, Zoning (148), in the amount of $33,533.18; Municipal Policing (149), in the amount of $122.54; 911 Enhancement Fee (150), in the amount of $90,354.61; Duck Key Security (152), in the amount of $3,986.61; Boating Improvement Fund (157), in the amount of $17,656.86; Misc. Special Revenue Fund (158), in the amount of $62,379.11; Environmental Restoration (160), in the amount of $1,139.01; Court Facilities Fees - 602 (163) in the amount of $2,260.00; Big Coppitt Wstewtr MSTU (169), in the amount of 206 $842.92; Key Largo Wstewtr MSTU, in the amount of $31.97; Building Fund, (180), in the amount of $16,619.01; 1 Cent Infra Surtax (304) in the amount of $8,100.69; Infr Sls Srtx Rev Bds2007 (308), in the amount of $653,568.50; Card Sound Bridge (401), in the amount of $17,011.81; Marathon Airport (403), in the amount of $25,896.58; Key West Intl. Airport (404), in the amount of $357,403.91; KW AIP Series 2006 Bonds (405), in the amount of $71,013.53; PFC & Oper Restrictions (406), in the amount of $71,382.00; MSD Solid Waste (414), in the amount of $1,158,443.32; Worker's Compensation (501), in the amount of $6,159.54:; Group Insurance Fund (502), in the amount of $290,727.69; Risk Management Fund (503), in the amount of $22,480.45; Fleet Management Fund (504), in the amount of $96,652.84; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00. Item Q4 Board granted approval of Tourist Development Council Expenditures for the month of September, 2011: Advertising, in the amount of $841,254.55; Bricks & Mortar /Interlocal Projects, in the amount of $77,415.84; Visitor Information Services, in the amount of $57,331.00; Events, in the amount of $49,377.76; Office Supplies & Oper Costs, in the amount of $39,990.02; Sales & Marketing, in the amount of $58,176.76; Telephone & Utilities, in the amount of $6,925.74; Travel, in the amount of $797.15. COUNTY ADMINISTRATOR Item R2 Board granted approval of the reappointment of Mr. Rudy Krause to the Career Service Council for a 2 year term. Item R3 Board adopted the following Resolution to enact the organizational procedures necessary to host the Regional Climate Leadership Summit in Key Largo on December 8 -9, 2011. RESOLUTION NO. 368 -2011 Said Resolution is incorporated herein by reference. Item R5 Board granted approval for Monroe County BOCC to execute a contract with SDI Solar, Inc. for the Solar Water Heaters purchase and installation, included and funded under the State Energy Grant Agreement form the Florida Energy and Climate Commission (Grant No. ARS010). Item R6 Board granted approval and authorized execution of an agreement between Monroe County Board of County Commissioners and Gray/Robinson, P.A. for lobbying services during the 2011 legislative session. COUNTY ATTORNEY Item S2 Board granted approval and authorized execution of an Agreement with the City of Key West (City) and the Key West Botanical Garden Society, Inc. (KWBGS) authorizing payment of $24,206.00 to the City to settle the dispute regarding clean-up costs for the site of the old Public Service Building which was transferred to the City on July 26, 2005 and subsequently leased to the Key West Botanical Garden Society, Inc. by the City. 207 Item S4 Board granted approval Contract rate with Department of Administrative Hearings (I)OAH) from $144 per hour to $146 per hour effective retroactively to October 1, 2011, as provided by the Contract and pursuant to F.S. 120.65(11). Item S5 Board granted approval and authorized execution of a Tenth Amended Settlement Agreement in Richard M. Osborne, Trustee & Conch Contrada, L.C. v. Monroe County, et al., Case No. CAK 01 -108 Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C24 The Board discussed a three year contract to begin November 1, 2011 with Blue Cross Blue Shield of Florida, Inc. for Medical Plan Administration on a Self Insured Basis to include: Claims Administration, Utilization Review, Large Case Management, Disease Management, Network Management and Wellness. Teresa Aguiar, Division Director - Employee Services; and Danny L. Kolhage, Clerk of Courts discussed the item. The Clerk advised the Commission that due to issues of confidentiality of proprietary information, the Clerk's Office would not be able to audit the Blue Cross Blue Shield contract. The Clerk and his attorney believe state statutes provide adequate information for proprietary information but the confidentiality agreement that Blue Cross Blue Shield would require be signed by the auditor goes beyond the state statutes and therefore the Clerk would have no authority to execute the agreement. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of an Administrative Services Agreement between Monroe County and Blue Cross & Blue Shield of Florida, Inc. Roll call vote was taken with the following results: Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Wigington No Mayor Carruthers Yes Motion carried. Item C20 The Board discussed a Resolution establishing reimbursement of registration fees in an amount not to exceed one hundred dollars ($100.00) for individuals covered under the County's health insurance plan for participation and completion of community organized foot, bicycle, and swimming races that take place in the Florida Keys. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 369 -2011 Said Resolution is incorporated herein by reference. 208 MONROE COUNTY TAX COLLECTOR Item 01 Danise "Dee Dee" Henriquez, Monroe County Tax Collector presented the Board with the Tax Collector's excess fees check for 2010/2011 in the total amount of $3,437,841 to the Board of County Commissioners. 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 G2 Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the first Renewal Agreement effective from October 1, 2011 through September 30, 2012, with Gila LLC d/b /a Municipal Services Bureau (MSB) for collections of outstanding account receivables from ground and air ambulance transports. Motion carried unanimously, with Mayor Anderson absent. Item G3 Motion was made by Commissioner Murphy seconded by Commissioner Rice to adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 of Monroe County Florida authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty. Motion carried unanimously, with Mayor Norman Anderson absent. RESOLUTION NO. 370-2011 Said Resolution is incorporated herein by reference. Item G4 Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of a Renewal Agreement between Physio- Control, Inc. and the Monroe County Board of Governors of Fire and Ambulance District 1, effective November 1, 2011 for the preventative inspection and maintenance of biomedical equipment which is used for the cardiac monitoring of patients. Motion carried unanimously, with Mayor Norman Anderson absent. 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. 209 ENGINEERING Item K1 Linda Glass- Johnson and Harold Desdunes, representing the Florida Department of Transportation District Six (FDOT) made a presentation of the Monroe County Projects - Tentative Transportation Plan, Fiscal Years 2012/2013 through 2016/2017. COUNTY ADMINISTRATOR Item R7 Kelly McKinnon, representing the Pigeon Key Foundation made a presentation of the Pigeon Key Foundation's Annual Report and announced power upgrades being made to the island. MISCELLANEOUS BULK ITEMS Item C35 Dent Pierce, Public Works Director discussed the item. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of an Agreement with the Guidance /Care Center, Inc. allowing them to use County fuel, vehicle maintenance, and repair facilities. This agreement will require that the Guidance /Care Center, Inc. pay the same fuel markup and repair rates as all other departments and agencies pay, which is predetermined and budgeted annually. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Item D37 Motion was made by Commissioner Wigington and seconded by Commissioner Murphy granting approval of the "At Large" appointment of Kevin Freestone to the Tourist Development Council District II Advisory Committee. Motion carried unanimously. Item D38 Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the "At Large" appointment of Bernard Spinrad to the Tourist Development Council District III Advisory Committee. Motion carried unanimously. STAFF REPORTS Item E6 Growth Management - Christine Hurley, Director discussed the Tier Adoption designation and advised that there is one challenge to the designation. Ms. Hurley then provided an update concerning the Administrative Commission report - work program. Item E7 Public Works - Dent Pierce, Director provided an update concerning the condition of the park equipment at Palm Villa Park on Big Pine Key. DIVISION OF GROWTH MANAGEMENT Item H3 The Board discussed a Resolution providing a policy for the use of Boating Improvement Funds (BIF) and the distribution of a portion of BIF ($75,000 annually) to the 210 municipalities within Monroe County (County) with deadlines for submission of requests for reimbursement and awards by inter -local agreement beginning with Oct.1, 2011 (FY2012). Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to decline the request. During discussion, the motion was withdrawn. Christine Hurley, Growth Management Director discussed the item. Motion was then made Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution with the elimination of Sections 2 & 4 within the resolution. Motion carried unanimously. RESOLUTION NO. 371-2011 Said Resolution is incorporated herein by reference. Items H4/H5 The Board discussed item H4 approval to rescind funding in the amount of $50,000 from Boating Improvement Funds (BIF) to the City of Marathon (City) for reimbursement for mooring replacements at the City mooring field and item H5 approval of an Interlocal Agreement (ILA) between Monroe County and the City of Marathon (City) reimbursing the City in the amount of $41,342.08 from County Boating Improvement Funds for costs previously incurred for mooring inspections, installation of an Aid to Navigation, and required water quality testing in association with the City mooring field during the past fiscal year. Christine Hurley, Growth Management Director discussed the items. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to table item H4. After discussion, the motion was withdrawn. Motion was then made by Commissioner Rice and seconded by Commissioner Murphy to delay both items to the Board's meeting in Key Largo scheduled for November 16, 2011. Motion carried unanimously. Item H6 Motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving a request for reimbursement funding from Boating Improvement Funds (BIF) by the City of Key West (City), and direction to staff to draft an Interlocal Agreement (ILA) between Monroe County (County) and the City reimbursing the City in the amount of $31,852.02 from BIF for costs incurred for mooring repairs and maintenance in association with the City mooring field during the past fiscal year. Motion carried unanimously. CLOSED SESSONS Item J 1 Suzanne Hutton, County Attorney read the required language into the record. 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. Item J2 Suzanne Hutton, County Attorney read the required language into the record. An Attorney - Client Closed Session of the Board of County Commissioners was held in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CA K 10 -1050. GROWTH MANAGEMENT Items H2/1-114 Christine Hurley, Growth Management Director discussed items H2 for approval of the Selection Committee's selection of National Marine Waste Foundation, Inc. (Foundation) for Keys -wide Mobile Vessel Pumpout Service and direction to negotiate a contract between the 211 County and the Foundation; and Item H14 for approval of a Resolution of the Monroe County Board of County Commissioners providing a policy eliminating the five dollar fee associated with the existing County vessel pumpout service. The following individuals addressed the Board: Arnaud Girard and Naja Girard. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of item H2. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to decline item H14. Motion carried unanimously. PUBLIC HEARINGS Item T1 A Public Hearing was held amending Section 23 -76 of the Monroe County Code to repeal the prerequisites for mobile traveling junk dealers; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for severability; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Assistant County Attorney, Pedro Mercado discussed the item. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Ordinance, as amended. Said amendment as follows: Remove the strikethrough from the words "for the first time" at line one of Section 1 (a). Motion carried unanimously. ORDINANCE NO. 018 -2011 Said Ordinance is incorporated herein by reference. Item T2 A Public Hearing was held regarding the issuance of a Class B Certificate of Public Convenience and Necessity (COPCN) to National Health Transport, Inc. for the operation of a non - emergency medical transportation service for the period October 19, 2011 through October 18, 2013. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval of the issuance of the COPCN. Motion carried unanimously. Item T3 A Public Hearing was held to consider approval of a Resolution renouncing and disclaiming any right of the County and the public in and to 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 as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. Christine Hurley, Growth Management Director and Pedro Mercado, Assistant County Attorney discussed the matter. The Board accepted public input with the following individuals addressing the Board: Gail Kenson, representing Naval Air Station Key West; and Jack Lockamy. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy to continue the item to the Board's meeting in Key Largo scheduled for November 16, 2011. Motion carried unanimously. Item T4 A Public Hearing was held to consider an Ordinance amending Section 110 -73 of the Monroe County Land Development Code, to further explain when a minor deviation application, a major deviation application or an amendment application is required to modify 212 development approved by a conditional use permit. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 019-2011 Said Ordinance is incorporated herein by reference. Item T5 A Public Hearing was held to consider adoption of an Ordinance amending Sections 6.56, 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. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-2011 Said Ordinance is incorporated herein by reference. GROWTH MANAGEMENT Item I2 The Board discussed for direction to process the revisions to the military compatibility criteria for inclusion into the Monroe County 2010 Comprehensive Plan, as required by Sections 163.3177 and 163.3175, Florida Statutes, and the Monroe County Technical Document related to military compatibility criteria. Staff has revised the draft military compatibility criteria based upon coordination with staff from Naval Air Station Key West. Christine Hurley, Growth Management Director discussed the item. The following individuals addressed the Board: Dona Merritt, representing Shark Key Development and the Shark Key Homeowner's Association; John Hammerstrom, representing the EIS Task Force; and Ron Demes, Executive Director - Business Manager of the Naval Air Station Key West. No official action was taken. COMMISSIONERS' ITEMS P3 The Board discussed Commissioner Neugent's item concerning approval by the Monroe County Board of Commissioners to rescind Resolution No. 085 -2009 to the command of Naval Air Station Key West at Boca Chica to cease and desist the flying of FA -18 Generation Aircraft and to thank the Navy, Capt. LeFere and DCA Secretary Billy Buzzett for their spirit of cooperation in working to resolve the complicated issue(s) of compatible use. The long term relationship Monroe County has with the United States Navy will always prevail over issues that challenge this undying relationship. After discussion, motion was made by Commissioner Neugent to approve the item. Motion died for lack of a second. GROWTH MANAGEMENT H13 Christine Hurley, Growth Management Director and Kevin Wilson, P.E., Project Management - Senior Director and Interim Division Director, Public Works & Engineering 213 reviewed with the Board the Monroe County Annual Work Program Report sent to Department of Community Affairs. I1 Christine Hurley, Growth Management Director discussed the status of the Official Monroe County Land Use District (Zoning) Map and the Official Monroe County Future Land Use Map (FLUM) and options relating to how the County may proceed to update the map sets if deemed necessary. COUNTY ATTORNEY S3 Suzanne Hutton, County Attorney requested an Attorney - Client Closed Session of the Board of County Commissioners in the matter of The Morganti Group, Inc. v. Monroe County, Case No. CA- K -11 -892. Motion was made by Commissioner Rice and seconded by Commissioner Murphy to schedule a Closed Session for the item at the Board's meeting in Key Largo on November 16, 2011 at 2:00 P.M. Motion carried unanimously. Danny L. Kolhage, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida c--)D01-,LPC. • Isabel C. DeSantis, Deputy Clerk