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03/21/2012 Regular 2012/64 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 21, 2012 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 Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner Kim Wigington and Mayor David P. Rice. 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 Carruthers granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B 1 Presentation of Years of Service Award for 20 years of service to Monroe County to Pat Kennedy, Sr. Technician Maintenance, Facilities Maintenance, Public Works/Engineering Division. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the following items by unanimous consent: Item Cl Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Funds: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 082-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 083-2012 Said Resolution is incorporated herein by reference. 2012/65 Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 084-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 085-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated(OMB Schedule Item No. 5). RESOLUTION NO. 086-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 6). RESOLUTION NO. 087-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 088-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 089-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 090-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 091-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 092-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 093-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 094-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). 2012/66 RESOLUTION NO. 095-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 096-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 097-2012 Said Resolution is incorporated herein by reference. Amending Resolution Number 345-2011 (OMB Schedule Item No. 1.7). RESOLUTION NO. 098-2012 Said Resolution is incorporated herein by reference. Item C2 Board granted approval of the Fiscal Year 2013 Budget Timetable. (Said document in incorporated herein by reference.) Item C3 Board granted approval of Gallagher Benefit Services, Inc. (GBS) Insight User Agreement Addendum. Item C4 Board granted approval to purchase 50 Lenovo personal desktop computers with 60 flat screen monitors and 5 all-in-one workstations per quotation#S7201376 from PC Mall Gov, Inc. Item C5 Board granted approval to purchase of Equalogic storage hardware and software from Dell, Inc. as shown on quote#614369135 for the Marathon Government Center and on quote#614368772 for our new Miami AT & T Internet Data Center to replace the obsolete storage area networks in both Key West and Marathon. Item C6 Board granted approval of the Revised Supply List made part of the food service contract between GA Food Service, Inc. and the Board of County Commissioners. The company has revised their Supply List effective 3/1/2012 to provide reductions in the pricing of two supply items. Item C7 Board granted approval of and authorized execution of Amendment 004 to the Community Care for the Elderly (CCE) Contract KC-1171 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services), effective 3-1-2012. Item C8 Board granted approval and authorized execution of Amendment 001 to the Older Americans Act (OAA) Contract AA-1229 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 1/1/2012 to 12/31/2012. 2012/67 Item C9 Board granted approval and authorized execution of Amendment Number 1 to the Contract with J.A. LaRocco Enterprises, Inc. to incorporate new specifications established by the Florida Keys Aqueduct Authority(FKAA). Item C10 Board granted approval of the issuance of a Class A Certificate of Public Convenience and Necessity(COPCN) to Monroe County Fire Rescue for the operation of an ALS transport ambulance service. Item C11 Board granted approval of the issuance of a Certificate of Public Convenience and Necessity (COPCN) to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response for the operation of an ALS transport ambulance service. Item C12 Board granted approval and authorized execution of an Agreement between the University of Miami on behalf of its Tissue Bank, the District 16 Medical Examiner's Office and the Monroe County Board of County Commissioners regarding use of the Medical Examiner's Facility for cadaveric donor tissue procurement Operations. Item C13 Board granted approval and authorized execution of a Fourth Extension of Time to Lease Amendment with Coast FBO, LLC, Fixed Base Operator(FBO), at Florida Keys Marathon Airport. Item C14 Board granted approval and authorized execution of an Agreement with Keyhopper Transportation, Inc. for a month-to-month lease of counter and office space in the passenger terminal building at the Florida Keys Marathon Airport. Item C15 Board granted approval and authorized execution of an Agreement with ADF Charter Corporation d/b/a AirStar for a month-to-month lease of counter, office space and covered areas and storage at the passenger terminal building at the Florida Keys Marathon Airport. Item C16 Board adopted the following resolution authorizing an agent of an Animal Control Contractor to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. RESOLUTION NO. 099-2012 Said Resolution is incorporated herein by reference. Item C17 Board granted approval to transfer title of County vehicle number 2600/991 (serial number 1FMRE11243HA79785) to the Islamorada Firefighters Benevolent Association. Item C18 Board granted approval to terminate the current bio-diesel contract with Dion Oil Company, and approval to advertise for bids for delivery of B5 through B20 bio-diesel fuel as requested by the County. 2012/68 Item C19 Board granted approval to amend and renew contract with Best Janitorial & Supplies, Inc. for janitorial services at the Big Pine Key Library. Item C20 Board granted approval to amend and renew contract with Best Janitorial & Supplies, Inc. for janitorial services at the George Dolezal Marathon Library. Item C21 Board granted approval and authorized execution to amend and renew contract with Best Janitorial & Supplies, Inc. for janitorial services at the Islamorada Library. Item C22 Board granted approval to amend and renew contract with Best Janitorial & Supplies, Inc. for janitorial services at the Key Largo Library. Item C23 Board granted approval to amend and renew contract with Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell Library and Department of Juvenile Justice Building, second floor. Item C24 Board granted approval to enter into a one-year's residential lease agreement with a Sheriff's Deputy for Location B to commence April 1, 2012 and terminate March 31, 2013. Item C26 Board granted approval and authorized execution of a Contract with ADT Security Services, Inc. for the Duck Key Security System Installation and Maintenance project. Item C27 Board granted approval and authorized execution of Local Agency Program (LAP)Agreement with Florida Department of Transportation(FDOT) for funding for design of repairs to Card Sound Bridge (#904990). Item C29 Board granted approval to negotiate a Contract for Hurricane Debris Monitoring and Disaster Related Services with the respondent who will be selected by lot in accordance with the Monroe County Purchasing Policy when the ranking process results in a tie between two respondents. Item C30 Board granted approval and authorized execution of Amendment One to the existing contract with Kisinger Campo &Associates Corp. (KCA) for Engineering Design and Permitting Services for the No Name Key Bridge Repairs Project to include an Asbestos Survey and Load Rating Analysis. Item C32 Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator's office. C33. Approval to execute Amendment 1 to the Big Coppitt Florida Department of Environmental Protection(FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602091. Item C34 Board ratified the sample task order of the CDM Smith General Consulting Master Services Agreement for professional services at the Key West International and Florida Keys Marathon airports. 2012/69 Item C35 Board granted approval of a Change Order/Amendment to the original agreement with ESCO (Engineered Arresting Systems Corporation) for repairs on the EMAS (Engineered Materials Arresting Systems)bed located on the eastern end of Runway 09-27 at the Key West International Airport, authorizing for additional damage that was discovered when emergency repairs were started. Item C36 Board ratified Task Order No. 12/14-04 for professional services with Jacobs Project Management Co. for modifications and renovation of the existing baggage claim/arrivals facility at the Key West International Airport. Item C37 Board granted approval to negotiate a lease option between Monroe County and The Marathon Landing and Flying Club, Inc. for vacant ground to construct an aircraft hangar at The Florida Keys Marathon Airport. Item C38 Board granted approval and authorized execution of Pro-Rata Litigation Fee Agreements with Lexington Insurance Company in Lexington Claim number 683-440396-SUB-1 and Lexington Claim number 683-431360-SUB-1. Item C39 Board granted approval and authorized execution of Design Services Agreement with MBI/K2M for Customs Terminal Security Enhancements—Key West International Airport Phase II and III. Item C41 Board granted approval and authorized execution of a construction contract with American Bridge Company in the amount of$1,830,000 for the Tom's Harbor Channel Bridge Repair Project. Item C42 Board granted approval to waive purchasing policies and issue a purchase order for emergency repairs to the Freeman Justice Center security equipment. TOURIST DEVELOPMENT COUNCIL Item D4 Board granted approval and authorized execution of an Agreement with the Matecumbe Historical Trust Corporation in an amount not to exceed $378,297 for the Irving R. Eyster Museum of Florida Keys History, DAC IV, FY 2012 Capital Resources. EMPLOYEE SERVICES I1 Board granted approval to allow employees and elected officials to opt out of the medical and prescription benefits program during a special open enrollment period with the changes to become effective May 1, 2012. I2 Board granted approval to allow Retirees to pay a premium and retain life insurance at a premium of$11.00 a month if choosing to opt out of the medical and prescription program as of May 1, 2012. 2012/70 I3 Board granted approval to charge a premium of$50.00 per month for employees and elected officials who are hired on or after May 1, 2012 into a position that makes him/her newly eligible for health insurance (25+hpw), if choosing to enroll in the County's self-insurance medical and prescription program. DIVISION OF GROWTH MANAGEMENT J1 Board granted approval and authorized execution of Amendment Number One to Contract between Monroe County and ACS Government Systems, Inc. to design a new software query tool for the Monroe County Property Appraiser to provide information about ground floor living area to the Growth Management Division for use with the FEMA Floodplain Program, by amending the timeline on Exhibit A. J2 Board granted approval to re-appoint Charles E. Miller(as a Second Alternate) to one (1) additional three (3) year term to the Contractors' Examining Board (CEB)beginning March 2012. J4 Board granted approval and authorized execution of Second Amendment to Occupancy Agreement and Ground Lease with Habitat for Humanity of the Upper Keys for property on First Avenue in Key Largo, reducing the number of units from fourteen(14) to seven (7)with completion June 1, 2018. J5 Board granted approval and authorized execution of Agreement for Expert Witness Services with Joseph Paskalik, due to the specific knowledge he possesses,which the County may need in connection with litigation or claims to which the County is a Party. J6 Board granted approval to advertise a public hearing to consider adoption of an Ordinance amending Chapter 6 of the Monroe County Code by eliminating Sec. 6-107 Unlawful Uses and Improvements; eliminating inspection when a building permit is requested as required by Chapter 2011-82 Laws of Florida. J7 Board granted approval of the request by the Pigeon Key Preservation Foundation Inc. to apply for a Certificate of Appropriateness to the Historic Preservation Commission(HPC) for construction of a solar array; with future consideration by the Board of County Commissioners pending, as the HPC is advisory to the Board. MONROE COUNTY SHERIFF'S DEPARTMENT L1 Board granted approval to submit DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/Application for Advance Funding for the "Second Year". COMMISSIONERS' ITEMS M1 Board granted approval of Mayor Rice's item for the appointment of Morgan P. Hill to the Affordable Housing Advisory Committee. 2012/71 M2 Board granted approval of Mayor Rice's item for the appointment of Ed Swift to the Affordable Housing Advisory Committee. M3 Board granted approval of Mayor Rice's item for the appointment of William Wiatt to fulfill the Mayoral appointment to the Affordable Housing Advisory Committee. M4 Board granted approval of Mayor Rice's item for the appointment of Robert Glazer to the Climate Change Advisory Committee for a one year term. M5 Board granted approval of Mayor Rice's reappointment of Donna Flammang to the Duck Key Security District Advisory Board. M6 Board granted approval of Mayor Rice's reappointment of Billy Wagner to the Duck Key Security District Advisory Board. M7 Board granted approval of Commissioner Wigington's item for the appointment of Heather Roberts to the Affordable Housing Advisory Committee by the BOCC replacing Mary Rice who resigned. M9 Board granted approval of Commissioner Murphy's item to adopt a resolution of the Board of County Commissioners of Monroe County, Florida in support of the effort by the Florida Fish and Wildlife Conservation Commission to create a slow speed boating safety zone at Jewfish Creek. RESOLUTION NO. 100-2012 Said Resolution is incorporated herein by reference. M10 Board granted approval of Commissioner Murphy's item for the appointment of Ron Miller and Jerry Gaddis to the Affordable Housing Advisory Committee-term to expire in November, 2012 with the term of Commissioner Murphy. M11 Board granted approval of Commissioner Neugent's item for the reappointment of Peter Worthington to the Marine &Port Advisory Committee with term expiring 04/20/2015. M12 Board granted approval of Commissioner Neugent's item for the reappointment of Randy Wall to the Affordable Housing Advisory Committee with term expiring 11/1/2014. M13 Board granted approval of Commissioner Neugent's item for the by Monroe County Board of Commissioners to appoint Jim Cameron to the Affordable Housing Advisory Committee with term expiring 11/1/2014. M16 Board granted approval of Commissioner Carruthers' item for the appointment of Chuck Sherman to the Climate Change Advisory Committee for a one-year term, replacing Chris Belland who resigned. 2012/72 COUNTY CLERK Item N2 Board granted official approval of the Board of County Commissioners Minutes from the regular Meeting of January 20, 2012 (previously distributed). Item N3 Board granted approval of the following Warrants: (106701 - 106762 , 571491 - 572729) General Fund (001),in the amount of$2,094,545.83; Fine& Forfeiture Fund (101), in the amount of$6,641,634.33; Road and Bridge Fund (102),in the amount of$299,573.24; TDC District Two Penny (115),in the amount of$536,600.82; TDC Admin. & Promo 2 Cent (116),in the amount of$858,732.33; TDC District 1,3 Cent(117),in the amount of $1,159.936.74; TDC District 2,3 Cent(118), in the amount of$36,541.45; TDC District 3,3 Cent(119),in the amount of$117,746.08; TDC District 4,3 Cent(120), in the amount of $74,389.67; TDC District 5,3 Cent (121), in the amount of$49,146.38; Gov. Fund Type Grants (125),in the amount of$317,794.14; Fire &Amb District 1 L&M Keys (141), in the amount of$175,287.49; Upper Keys Health Care (144), in the amount of$18,526.09; Uninc Svc Dist Parks &Rec (147),in the amount of$92,624.17; Plan, Build,Zoning (148),in the amount of$46,713.30; Municipal Policing(149),in the amount of$939,568.43; 911 Enhancement Fee (150), in the amount of$143,921.25; Duck Key Security(152), in the amount of$3,968.00; Local Housing Assistance (153), in the amount of$7,449.66; Boating Improvement Fund (157), in the amount of$71,075.72; Misc. Special Revenue Fund (158),in the amount of$47,331.56; Environmental Restoration (160), in the amount of$420.96; Law Enforcement Trust(162),in the amount of$8,005.00; Court Facilities Fees-602 (163),in the amount of$2,0991.86; Cudjoe-Sugarloaf MSTU, (172),in the amount of$109.00; Building Fund, (180),in the amount of$4,928.53; 1 Cent Infra Surtax(304) in the amount of $36,771.93 Infr Sls Srtx Rev Bds2007 (308),in the amount of$147,237.60; Big Coppitt Wastewater PR(310), in the amount of$1,323.00; Duck Key Wastewater (311), in the amount of$200,368.90; Card Sound Bridge (401), in the amount of$5,268.16; Marathon Airport (403), in the amount of$17,606.30; Key West Intl. Airport(404),in the amount of $320,059.50; KW AIP Series 2006 Bonds (405), in the amount of$3,759.66; MSD Solid Waste(414),in the amount of$1,208,459.69; Worker's Compensation (501),in the amount of $15,860.53; Group Insurance Fund (502), in the amount of$1,030,102.59; Risk Management Fund (503), in the amount of$97,734.39; Fleet Management Fund (504), in the amount of $94,967.67; Fire&EMS LOSAP Trust Fund (610), in the amount of$2,055.00. Item N4 Board granted approval of Tourist Development Council Expenditures for the month of February 2012: Advertising, in the amount of$1,843,930.31; Bricks & Mortar Projects/Interlocal, in the amount of$148,073.90 Visitor Information Services, in the amount of$79,294.33; Events, in the amount of$242,328.95; Office Supplies & Oper Costs,in the amount of$40,543.45; Personal Services,in the amount of$159,730.26; Public Relations, in the amount of$205,611.42; Sales & Marketing, in the amount of$66,174.39; Telephone & Utilities,in the amount of$24,918.99; Travel, in the amount of$23,237.47. Item N5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. 2012/73 COUNTY ADMINISTRATOR 02 Board granted approval of the County Administrator's appointment of Jerry Smith, as the Building Official, under the Division of Growth Management. 03 Board granted approval of a retroactive 32 day no cost time extension with Green Earth Environmental Foundation, Inc. 04 Board granted approval for Monroe County BOCC to execute Amendment No. 2 with SDI Solar, Inc. for the Solar Water Heaters purchase and installation, to provide a 30 day no-cost time extension. (Grant No. ARS010). 05 Board granted approval and authorized execution of Grant Agreement Amendment No. 2 from FL Department of Agriculture and Consumer Services for Grant #ARS010 [changed to 17522]. This includes a modification to the termination date. COUNTY ATTORNEY P4 Board granted approval to advertise a public hearing for an ordinance repealing section 13-1 of the Monroe County Code. P6 Board adopted the following Resolution regarding Facilities Use Policy for non-County governmental agencies, and/or other entities, desiring to use county facilities, particularly on a recurring basis. RESOLUTION NO. 101-2012 Said Resolution is incorporated herein by reference. P7 Board granted approval to amend the Interlocal Agreement between Monroe County and the Monroe County Sheriff's Office regarding Emergency Communications for the sole purpose of extending the term of the agreement through February 21, 2022. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C25 The Board discussed a 3rd Amendment to Agreement for Consulting Services with Government Services Group, Inc., to provide professional services relating to the annual Solid Waste Assessment roll. Kevin G. Wilson, P.E.- Division Director- Public Works & Engineering and Rosa S. Washington, Sr. Administrator- Solid Waste Management discussed the item. Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. Item C28 The Board discussed Amendment#1 to the Joint Participation Agreement(JPA) with Florida Depaitiiient of Transportation (FDOT) for the No Name Key Bridge Repair Project 2012/74 to remove funding for construction and construction engineering and inspection(CEI)phases. The funds for these phases will be replaced with federal funds under a LAP Agreement. The following individual addressed the Board: Alicia Putney. Judith S. Clarke, P.E. - Engineering Director discussed the item. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Wigington granting approval of the item. Motion carried unanimously. BUDGET & FINANCE/COUNTY ATTORNEY The Board discussed the following two (2) items: Item G1 Discussion concerning the Fiscal Year 2013 Human Services Advisory Board funding cycle, including approval of amount of$2,221,777.00 (This amount reflects no net increase over last year. Funding has been flat since FY 2009). Item P3 Discussion and direction regarding Human Services Advisory Board policies and procedures, including whether the State match required by F.S. § 394.75 & § 394.76 for Substance Abuse and Mental Health services should be treated in the same manner as the Baker Act funding match, as a separate line item in the County budget. The following individuals addressed the Board: David Paul Horan, representing the Human Service Advisory Board; John Morrill, Elmira Leto, representing Samuel's House, Inc.; Ariana Nesbitt, representing Healthy Start Coalition; and Kim Romano, Executive Director of Woman Kind. Lisa Tennyson, Grants Administrator and Roman Gastesi, County Administrator discussed the items. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers approving the HSAB funding cycle, at last year's level, in the amount of$2,221,777.00. Roll call vote was unanimous. Suzanne Hutton, County Attorney discussed State matches required by F.S. § 394.75 & § 394.76. Motion was made by Commissioner Neugent to make the Human Services Advisory Board policies and procedures, including whether the State match required by F.S. § 394.75 & § 394.76 for Substance Abuse and Mental Health services should be treated in the same manner as the Baker Act funding match, as a separate line item in the County budget. Motion died for lack of a second. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to allow the Guidance Clinic to go into a line item with the stipulation that they not come before the HSAB for additional funding - (25%) cap. Roll call vote was unanimous, with Mayor Rice abstaining. After further discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to rescind item Gl. Motion carried unanimously. Motion was then made by Commissioner Murphy and seconded by Commissioner Carruthers that the amount previously agreed upon$2,221,777.00 be reduced by the approximate amount of $360,000.00 by the state required match shown on Exhibit"H"for Mental Health and Substance 2012/75 Abuse. During discussion, the County Attorney suggested, with the maker of the motion accepting, for the motion to read: that by whatever the amount is, that is the line item, the HSAB amount will be reduced. Roll call vote was unanimous, with Mayor Rice abstaining. EXTENSION SERVICES/COMMISSIONERS' ITEMS The Board discussed the following two (2) items: Item H1 Approval of a resolution adopting the Energy Efficiency and Conservation Strategy for County Operations. Item M14 - Approval to instruct solid waste providers to devise, as soon as possible (no later than September 30, 2012), a 3 year plan to eliminate the out-hauling of yard waste. Doug Gregory, Director/Marine Sea Grant Agent and Rhonda Haag, Sustainable Initiatives Coordinator presented the Energy Efficiency and Conservation Strategy for County Operations. After discussion,motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 102-2012 Said Resolution is incorporated herein by reference. M14 The Board discussed Commissioner Neugent's item for approval to instruct solid waste providers to devise, as soon as possible (no later than September 30, 2012), a 3 year plan to eliminate the out-hauling of yard waste. The following individuals addressed the Board: Harry Appel, representing the Climate Change Action Committee; John Albert, representing Waste Management; Deb Curlee, and Don Riggs. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to approve the item. Kevin G. Wilson, P.E.- Division Director- Public Works &Engineering discussed the matter. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Murphy No Commissioner Neugent Yes Commissioner Wigington No Mayor Rice No Motion failed. Motion was then made by Commissioner Carruthers and seconded by Commissioner Murphy to approve the item with the stipulation that the initiatives proceed with cooperation and input from the Climate Change Action Committee. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent No 2012/76 Commissioner Wigington Yes Mayor Rice Yes Motion carried. COUNTY ADMINISTRATOR Item 07 Mr. Richard Langdon of Questor Multisport, LLC made a presentation concerning BoneIsland Tri 2013. The following individual addressed the Board: Bill Hunter. Roman Gastesi, County Administrator discussed the item. No official action was taken. MISCELLANEOUS BULK APPROVALS Item C40 The Board discussed ratification of Task Order No. 12/14-04 with Jacobs Project Management Co. for DBE support services for the DBE implementation plan at the Key West International Airport and the Florida Keys Marathon Airport. Peter Horton, Director of Airports discussed the item. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Item D1 The Board discussed an Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase I project to extend completion date to June 30, 2012, and to revise Exhibit A— Segment 3. Suzanne Hutton, County Attorney and Kevin G. Wilson, P.E.- Division Director- Public Works & Engineering discussed the item. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the item with the stipulation that this will be the final extension. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Item C31 The Board discussed Task Order with AMEC Environment &Infrastructure, Inc. under the On Call Professional Engineering Services Contract to develop Phase I of a Canal Management Master Plan. The project will be funded by Water Quality Protection Program funds provided by the Florida Department of Environmental Protection (FDEP). Rhonda Haag, Sustainable Initiatives Coordinator and Judith S. Clarke, P.E. - Engineering Director discussed the item. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Item D2 The Board discussed an Amendment to the Agreement with the Florida Keys Land and Sea Trust, Inc. to extend termination date to December 31, 2012 and revise Exhibit A. 2012/77 The following individuals addressed the Board: Joyce Newman,representing Last Stand; Michael Welber, Linda E. Miller, Deb Curlee, representing Last Stand. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to table the item. Item D3 The Board discussed an Amendment to the Agreement with Floridakeys.com to allow for the addition of a compensation of special projects in an amount not to exceed $175,000. Suzanne Hutton, County Attorney read the following language change in last sentence of bold paragraph in 1)a) as follows: These special projects shall be paid for through purchase order procedures in an amounts the total of which shall not to exceed $175,000 per year. Motion carried unanimously. Item D5 Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of an"At Large" appointment of Mr. Alan Eckstein to the Tourist Development Council District I Advisory Committee. Item D6 Motion was made by Mayor Rice and seconded by Commissioner Murphy approving the two "At Large" appointments: Mr. H. B. "Hal"Barrett and Ms. Stephanie Scuderi to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously. COUNTY ATTORNEY Item P2 The Board discussed the opportunity for public input regarding whether the BOCC should direct the Supervisor of Elections to place a non-binding referendum question (straw ballot) on the November 2012 general election as to whether the Board of Directors of the Florida Keys Aqueduct Authority should be elected. The following individuals addressed the Board: Aicia Putney, Michael Welber, Deb Curlee, Joyce. Roman Gastesi, County Administrator discussed the item. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington requesting the County Attorney to bring back the appropriate language for consideration. Roll call vote was unanimous. STAFF REPORTS Item E2 Budget& Finance -Lisa Tennyson, Grants Administrator updated the Board concerning the Legislative Wrap-Up with respect to issues pertaining to Monroe County. Said document is incorporated herein by reference. Item E5 Project Management- Kevin G. Wilson, P.E.-Division Director- Public Works &Engineering updated the Board concerning the following county projects: Marathon Airport/Customs Area; Stock Island Fire Station; Conch Key Fire Station and Marathon Courthouse renovations. Item E6 Growth Management- Christine Hurley, Growth Management Director and Bob Shillinger updated the Board concerning the FEMA Biological Opinion. 2012/78 Item Q1 A Public Hearing was held to consider a resolution for a Budget Amendment of Fiscal Year 2012 One Cent Infrastructure Surtax Fund 304, Infrastructure Sales Surtax Revenue Bonds 2007 Fund 308, and Duck Key Wastewater Fund 311. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following resolution. Motion carried unanimously. RESOLUTION NO. 103-2012 Said Resolution is incorporated herein by reference. Item Q2 A Public Hearing was held regarding the Issuance of a Certificate of Public Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of an ALS transport ambulance service for the period April 21, 2012 through April 20, 2014. The Board accepted public input with the following individual addressing the Board: Charles Maymon, representing American Ambulance. Motion was made by Commissioner Neugent and seconded by Commissioner Wigington to approve the item. Motion carried unanimously. Item Q3 A Public Hearing was held to consider dedication to Monroe County of 2nd Avenue West, Cudjoe Gardens Eighth Addition subdivision, Cudjoe, as recorded in Plat Book 7 Page 16 of the public records of Monroe County, Florida. There was no public input. Judith S. Clarke, P.E. - Engineering Director discussed the item. Motion was made by Commissioner Murphy and seconded Wigington to approve the item, contingent upon receiving documentation pertaining to 20823 2nd Avenue West, Lot 19. Motion carried unanimously. RESOLUTION NO. 104-2012 Said Resolution is incorporated herein by reference. Item Q4 A Public Hearing was held to consider an Ordinance amending Section 138-50 of the Monroe County Land Development Code, to incorporate criteria for Nonresidential Rate of Growth Ordinance (NROGO) exemptions and to provide consistency with Policy 101.3.4 of the Comprehensive Plan in the Land Development Code. Christine Hurley, Growth Management Director discussed the item. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance, including the following wording read into the record by Ms. Hurley: Page 2 of 6, Section 1. Sec. 138-50. Type of development not affected. (1)b. Documentation from the Monroe County Property Appraiser's Office indicating non-residential use on or about September 19, 2001. Motion carried unanimously. ORDINANCE NO. 004-2012 Said Ordinance is incorporated herein by reference. Item Q5 A Public Hearing was held to consider an Ordinance amending Section 114-20 of the Monroe County Land Development Code, to provide single family residential properties on Stock Island and Key Haven with the option to construct entry features that are greater in mass than currently allowed; to allow a taller fence for utility security when a national code requires or recommends a height greater than that allowed by the Land Development Code; to include the Mixed Use (MU) Land Use District in §114-20(1)d.2.; and to revise existing language to address 2012/79 areas of improper language and incorrect references. Christine Hurley, Growth Management Director discussed the item. The Board accepted public input with the following individual addressing the Board: Bill Spottswood. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington to adopt the following Ordinance, including the following wording read into the record by Ms. Hurley: I. The entry feature is defined as a continuous fence or gate, or combination thereof, located contiguous to and on both sides of the main access and/or(driveway) to the property which is designed and intended to control and/or demarcate the access to the property. An"entry feature"includes all walls,buttresses, guy wires, integral signs and decorative features attached thereto up to a maximum width of 12 feet, or 15% of the lot width whichever is greater, a maximum height of 10 feet, and 4 feet in depth or 6% of the lot depth whichever is greater, as measured from the front property line; and ORDINANCE NO. 005-2012 Said Ordinance is incorporated herein by reference. Motion carried unanimously. Item Q6 A Public Hearing was held to consider approval of an Ordinance creating Section 2-346, and amending Section 2-347, of the Monroe County Code to reflect the recently revised and improved Monroe County Purchasing Policy. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 006-2012 Said Ordinance is incorporated herein by reference. EMPLOYEE SERVICES Item I4 The Board discussed changing the department billing rate from $790 per month to $320 per month for employees and elected officials who choose to opt out of the medical and prescription benefits plan to become effective May 1, 2012. Teresa Aguiar, Employee Services Director discussed; Suzanne Hutton, County Attorney; and Danny Kolhage, Clerk of Courts discussed the item. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington approving the item. Motion carried unanimously. COMMISSIONERS' ITEMS Item M8 The Board discussed Commissioner Murphy's item for the elimination of the $5.00 vessel pump-out fee. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to approve the item. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Murphy Yes 2012/80 Commissioner Neugent Yes Commissioner Wigington No Mayor Rice Yes Motion carried. Item M15 The Board discussed Commissioner's Murphy's item regarding the State of Florida Department of Economic Opportunity Hurricane Evacuation Clearance Time Work Group meetings and direction on hurricane model scenarios. The following individuals addressed the Board: Joyce Newman, Bill Hunter, and Alicia Putney. Mayte Santamaria, Planning and Environmental Resources -Assistant Director reviewed with the Board the document entitled Hurricane Model Scenario Request by Monroe County. The commission provided Ms. Mayte with their requests. Item M17 The Board discussed Commissioner Murphy's item concerning approval for a project that proposes growth improvements to the coral reef system of a waiver of TDC policy that requires a long-term lease by a not-for-profit entity seeking funding for a capital project for property that the entity does not own,provided that the proposer obtains or has obtained any necessary state and federal environmental permits. Suzanne Hutton, County Attorney discussed the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Rice Yes Motion carried. COUNTY ADMINISTRATOR Item 01 Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Report for February, 2012, dated March 6, 2012. Mr. Gastesi discussed issuing an RFP for the management/out source of the Florida Keys Marathon Airport. Item 06 Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval and authorizing execution of Grant Agreement No. S0607 from FL Department of Environmental Protection(FDEP), for a Grant to fund Phase 1 of a countywide canal improvements masterplan. Motion carried unanimously. Item 08 The Board discussed approval of$5000 in funding to support the Friends of Old Seven ImagineO7 Design Vision Collaborative project for the Old Seven Mile Bridge restoration and preservation. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed the item. After discussion, motion was made by Commissioner Neugent and seconded 2012/81 by Commissioner Murphy approving the item. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Rice Yes Motion carried. COUNTY ATTORNEY Item P1 Bob Shillinger, Chief Assistant County Attorney discussed Roman Gastesi, County Administrator and Monroe County vs. Stand Up for Animals, Inc. Case No. CAK-10-1050 and requested a Closed Session be held in the matter. Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to hold a Closed Session at the April 18, 2012 Board meeting in Key West at 1:30 P.M. Motion carried unanimously. Mr. Shillinger discussed the No Name Key electrification and the Public Service Commission. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington authorizing the County Attorney to file a motion to intervene in the Public Service Commission proceeding. Motion carried unanimously. Item P5 Suzanne Hutton, County Attorney who will be retiring in October, 2012 discussed and requested direction in regards to the position of a new County Attorney. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy authorizing the County Attorney and County Administrator to negotiate a contract with Chief Assistant County Attorney, Bob Shillinger. The Board also authorized a search for an Assistant County Attorney in the County Attorney's Office. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida %-acdt-Ltie• Z-SiOrritA;a) Isabel C. DeSantis, Deputy Clerk