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03/20/2013 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 20, 2013 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 Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David P. Rice and Mayor George Neugent. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Bob Shillinger, County Attorney; Pamela Hancock, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item A Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B 1 Presentation of Years of Service Award for 15 years of service to Joe Stickney, Supervisor Constriction Inspector, Engineering Department. Item B2 Presentation of Mayor's Proclamation declaring April 9, 2013 as Mayors Day of Recognition for National Service in Monroe County. Item B3 Presentation of Mayor's Proclamation declaring the month of April, 2013 as Fair Housing Month in Monroe County. Item B4 Recognition of Donald Lanman for his outstanding efforts on the South Florida Workforce Investment Board, and award of an Honorary Conch certificate. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Murphy granting approval of the following items by unanimous consent: Item C 1 Board granted approval to enter into a Lease Extension with Seashime II LLC, due to ongoing constriction at the Conch Key Fire Station 417, for Trailer 43 (Raptor) at 2 N. Conch Ave, Conch Key, Florida for the housing of firefighters assigned to Station 417, continuing the same $950.00 /month rate, including utilities, for a one (1) month period from 03/20/2013 Pagel April 14, 2013 to May 13, 2013, and authorization for the Fire Chief to execute all necessary documents. Item C2 Board granted approval of the Issuance (renewal) of Certificate of Public Convenience and Necessity (COPCN) to the City of Marathon Fire Rescue for the operation of an ALS transport ambulance service for the period April 15, 2013 through April 14, 2015. Item C3 Board granted approval to renew the current Contract with Aetna Behavioral Health, LLC d /b /a Aetna Resources for Living (formerly known as Horizon Health) for one year with the same terms and conditions. Item C5 Board granted approval of Revised Agreement with Sheriff Richard A. Ramsey to provide office space to the Monroe County Sheriffs Department at the Murray E. Nelson Government and Cultural Center in Key Largo, FL. Item C7 Board granted approval of a Participating Addendum under the Western States Contracting Alliance Wireless (WSCA) Communication Services and Equipment Bid Number RFP: 4S 1907 between Monroe County BOCC and AT &T Mobility National Accounts LLC for cellular telephone voice, data and other services at a cost of $106,384.00 per year. Item C8 Board granted approval to enter into an addendum agreement "Addendum Agreement Modifying Existing Pricing Schedule 1 2033 -01" to our Master Service Agreement 20101222025BUA as shown in case 4 1 7 1-13- 0854 -00 which includes an additional location at 801 Eisenhower Avenue in Key West, FL, at a speed of 50 Mb /s, to our existing Metro Ethernet wide area network agreement. Item C 11 Board granted approval to execute Consent to Assignment to assign Contract between Monroe County and Oc6 Financial Services, Inc. for financing of lease for Colorwave 300 plotter to Canon Financial Services, Inc. Item C 12 Board granted approval to execute Consent to Assignment to assign Contract between Monroe County and Oc6 North America, Inc. for maintenance of Colorwave 300 plotter to Canon Solutions America, Inc. Item C 13 Board granted approval to execute Addendum to Lease Agreement 4 200- 5031993 -000 between Monroe County and Canon Financial Services, Inc. (successor in interest to Oce Financial Services, Inc.), in order to change effective date from 1/1/2013 to 2/1/2013 and in order to change expiration date from 1/1/2018 to 2/1/2018. Item C 15 Board granted approval of the receipt of monthly report on change orders reviewed by the County Administrator's Office. Said report is incorporated herein by reference. Item C 16 Board granted approval for County Administrator to execute the Grant Agreement between the State of Florida and Monroe County for the Fiscal Year 2013 Mayfield grant for the Cudjoe Regional Wastewater System. 03/20/2013 Page 2 Item C 17 Board adopted the following Resolution pledging revenues to repay the State Revolving Fund (SRF) loan for the Cudjoe Regional Wastewater Treatment project as described in the Facilities Plan, designating the County Administrator as Authorized Representative for the purposes of executing the loan agreement and carrying out responsibilities related to the loan agreement (including requesting loan disbursements, providing assurances, and submitting the loan application) as required by Part IV of the State Revolving Loan Program for Point Source Water Pollution Control Loan Application. RESOLUTION NO. 095 -2013 Said Resolution is incorporated herein by reference. Item C 18 Board adopted the following Resolutions for the Transfer of Funds and the Receipt of Unanticipated Funds: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 096 -2013 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 097 -2013 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 098 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 099 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 100 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 101 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 102 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 103 -2013 Said Resolution is incorporated herein by reference. 03/20/2013 Page 3 Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 104 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 105 -2013 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 106 -2013 Said Resolution is incorporated herein by reference. Item C 19 Board granted approval of a one year Contract with eCivis Grants Network to assist Monroe County with grants research. Item C20 Board granted approval of the proposed Fiscal Year 2014 Budget. Said timetable is attached hereto. Item C21 Board granted approval of Supplemental Joint Participation Agreement Number One for Contract 4AQE35 by and between the State of Florida Department of Transportation and Monroe County -Key West International Airport, to fiind Terminal Expansion (Custom Project) at the Florida Keys Marathon Airport. Item C22 Board granted approval of a temporary month -to -month lease to Evan Doumis, Joy Doumis and Brad Neat for a biplane ride operation at the Florida Keys Marathon Airport. TOURIST DEVELOPMENT COUNCIL Item D1 Board granted approval of an Amendment to Agreement with University of Florida Alumni Association, Inc. Key West Gator Club to change name of event from "Key West Marathon" to Southernmost Marathon. Item D2 Board granted approval of an Amendment to Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackeral Tournament in January, 2013, to revise Exhibit D due to scrivener's error in the line item budget. Item D4 Announcement of one vacant position on the Tourist Development Council District III Advisory Committee for one "At Large" appointment. DIVISION OF GROWTH MANAGEMENT 03/20/2013 Page 4 Item I2 Board granted approval of award of Contract to Metric Engineering, Inc. for the project management of a habitat restoration project within Dagny Johnson Key Largo Hammock Botanical State Park as mitigation for the constriction of the Key Largo Wastewater Treatment District wastewater treatment plant. Item I3 Board granted approval of Amendment No. 1 to the December 12, 2012 Agreement with Pumpout USA, In. for Keys -Wide Mobile Vessel Pumpout Service, providing for deletion of Section XIL Donations and Grants, and inclusion of Attachment H- Contract Provisions and Attachment I- Contract Regulations to conform with requirements of the Florida Department of Environmental Protection (DEP). Item I4 Board granted approval of refund to Barbara E. Walsh, for flood permit fee 413300166 for FEMA flood inspection issued on 1/14/13. COMMISSIONERS' ITEMS Item L3 Board adopted the following Resolution of the Board of Commissioners of Monroe County, Florida supporting Central Everglades Planning Project (CEPP) and Tamiami Trail bridging. RESOLUTION NO. 108 -2013 Said Resolution is incorporated herein by reference. Item L4 Board granted approval of Commissioner Kolhage's appointment of Tina Mazzorana to the Key West Airport Ad Hoc Committee on Noise, replacing Harvey Wolney, Sr., for the duration of the Committee. Item L5 Board granted approval of Commissioner Kolhage's appointment of Nikali Pontecorvo to the Key West Airport Ad Hoc Committee on Noise, as an alternate representing aviation, for the duration of the Committee. Item L8 Board granted approval of Commissioner Murphy's reappointment of Vicki Boguszewski to the Climate Change Advisory Committee. Her term will expire October 1, 2013 upon sunset of the Committee. Item L9 Board granted approval of the reappointment of John Forrer to the Climate Change Advisory Committee. His term will expire October 1, 2013 upon sunset of the committee. Item L10 Board granted approval of Commissioner Rice's reappointment of Robert Glazer to the Climate Change Advisory Committee (CCAC) through the sunset date of the committee, October 01, 2013. 03/20/2013 Page 5 Item L11 Board granted approval of Commissioner Rice's reappointment of Mr. Kelly McKinnon to the Climate Change Advisory Committee (CCAC) for an additional term to run through the sunset date of the committee, October 01, 2013. Item L14 Board granted approval of Commissioner Carruthers reappointment of Annalise Mannix to the Climate Change Advisory Committee until October 1, 2013 when the committee is due to sunset. Item L15 Board granted approval of Commissioner Carruthers reappointment of Chuck Sherman to the Climate Change Advisory Committee until October 1, 2013 when the committee is set to sunset. COUNTY CLERK Item M2 Board granted official approval of the Board of County Commissioners minutes from the January 16, 2013 Regular Meeting (previously distributed). Item M3 Board granted approval of the following Warrants for the month of February: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,549,408.64; Fine & Forfeiture Fund (101), in the amount of $3,751,754.75; Road and Bridge Fund (102), in the amount of $86,251.39; TDC District Two Penny (115), in the amount of $354,765.75; TDC Admin. & Promo 2 Cent (116), in the amount of $538,150.87; TDC District 1,3 Cent (117), in the amount of $574,349.72; TDC District 2,3 Cent (118), in the amount of $42,219.07; TDC District 3,3 Cent (119), in the amount of $180,213.79; TDC District 4,3 Cent (120), in the amount of $65,612.29; TDC District 5,3 Cent (121), in the amount of $69,16839; Gov. Fund Type Grants (125), in the amount of $389,936.83; Fire & Amb District I L &M Keys (141), in the amount of $131,72539; Upper Keys Health Care (144), in the amount of $1,587.65; Uninc Svc Dist Parks & Rec (147), in the amount of $55,33236; Plan, Build, Zoning (148), in the amount of $36,381.52; Municipal Policing (149), in the amount of $495,529.67; 911 Enhancement Fee (150), in the amount of $37,000.65; Duck Key Security (152), in the amount of $3,968.00; Local Housing Assistance (153), in the amount of $71,132.86; Boating Improvement Fund (157), in the amount of $150,775.41; Misc. Special Revenue Fund (158), in the amount of $29,859.68; Environmental Restoration (160), in the amount of $251.67; Court Facilities Fees -602 (163), in the amount of $3,236.80; Building Fund (180), in the amount of $2,696.47; Cent Infra Surtax (304), in the amount of $277,383.99; INFR Sle Srtx Rev Bds2007 (308), in the amount of $190,872.40; Cudjoe Regional (312), in the amount of $355.48; Card Sound Bridge (401), in the amount of $6,440.94; Marathon Airport (403), in the amount of $30,182.15; Key West Intl. Airport (404), in the amount of $439,189.14; KW AIP Series 2006 Bonds (405), in the amount of $13,921.33; MSD Solid Waste (414), in the amount of $1,818,864.68; Worker's Compensation (501), in the amount of $6,040.96; Group Insurance Fund (502), in the amount of $1,000,009.11; Risk Management Fund (503), in the amount of $27,297.75; Fleet Management Fund (504), in the amount of $74,755.11; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,325.00. 03/20/2013 Page 6 Item M4 Board granted approval of Tourist Development Council Expenditures for the month of February 2013: Advertising, in the amount of $1,078,541.71; Bricks & Mortar Projects/Interlocal, in the amount of $258,164.89; Visitor Information Services, in the amount $71,754.33; Events, in the amount of $129,999.17; Office Supplies & Oper Costs, in the amount of $33,35736; Public Relations, in the amount of $111,122.83; Sales & Marketing, in the amount of $103,512.47; Telephone & Utilities, in the amount of $13,451.99; Travel, in the amount of $24,575.13. Item M5 Board granted approval to dispose of records pursuant to the State of Florida, General Records Schedule GS1 -SL. Item M6 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Item N3 Board granted approval of Public Official Bond for Danise Henriquez, Monroe County Tax Collector. Item N4 Board granted approval of the appointment of Monczi Beattie to the Older American Advisory Board representing the Upper Keys, who replaced the late Marvin Glade, with a term expiring January 2014. COUNTY ATTORNEY Item 03 Board granted approval of Nabors, Giblin & Nickerson (NGN) Waiver of Conflict letter for purposes of routine bond audit representation. Item 04 Board granted approval of contract for legal services with Thomas G. Pelham retroactive to March 14, 2013. Motion carried unanimously. COUNTY ADMINISTRATOR Item N5 Rhonda Haag, Sustainability Program Manager; Wendy Blondin, representing AMEC; and Gus Rios, representing the Department of Environmental Protection gave a power point presentation regarding the continuation of the canal restoration program to provide County funding for the selection, design and constriction of up to five demonstration projects on County canals. Lisa Tennyson, Director Legislative Affairs & Grants Acquisition, Bob Shillinger, County Attorney and Roman Gastesi, County Administrator addressed the Board. The following individuals addressed the Board: Billie Melton, Alicia Putney and Judy Martinez. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the request for the $5,000,000. Roll call vote was taken with the following results: 03/20/2013 Page 7 Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion carried. Commissioner Kolhage excused himself from the meeting. Item N7 Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the ratification of submissions to DEP for RESTORE Act federal council funding for wastewater, canal restoration and storm water projects. Motion carried unanimously, with Commissioner Kolhage not present. Commissioner Kolhage returned to the meeting. Item N2 Derric Nimmo, of Oxitec on behalf of Florida Keys Mosquito Control, made a power point presentation in regards to their interest in doing a genetically - modified mosquito release in Monroe County, outside Key West. EXTENSION SERVICES Item G1 Doug Gregory, Director, Marine Sea Grant Agent and Annalise Mannix, Chair Climate Change Advisory Committee addressed the Board concerning adoption of a Resolution accepting the Monroe County Community Climate Action Plan as developed by the Monroe County Climate Change Advisory Committee for staff evaluation and recommendation for final adoption by August 1, 2013 and subsequent implementation. Roman Gastesi, County Administrator requested that the Resolution be amended at Section 2 to read by the end of the year instead of August 1, 2013. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution, as amended. Motion carried unanimously. RESOLUTION NO. 109 -2013 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Item N6 Kelly McKinnon, representing Pigeon Key Foundation gave the Board an update on Pigeon Key. Roman Gastesi, County Administrator addressed the Board. Donald Hiller, President, Board of Directors, Pigeon Key Foundation addressed the Board. Item N8 Roman Gastesi, County Administrator addressed the Board concerning direction and authorization for County Administrator to investigate the feasibility and cost of quality of life projects benefitting the Upper, Middle and Lower Keys. Those projects are the Rowell's 03/20/2013 Page 8 Marina property in Key Largo, rehabilitation of the Old Seven Mile Bridge in Marathon and the Higgs Beach Master Plan in Key West. The following individuals addressed the Board: Bernard Spinrad, representing Friends of Old Seven; Vesta Denning, Pritam Singh, Frank Greenman, Riet Steinmetz, and Brian Schmitt. This item was continued to later in the day. CLOSED SESSION Item K1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in the matter of Revnolds v. Utility Board of the City of Key West, d b Kevs Energv ,Services, P,SC Docket No. 120054 -EM. Pursuant to F. S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger; Assistant County Attorney Susan Grimsley, Assistant County Attorney Steve Williams, special litigation counsel Jay LaVia and Robert "Schef' Wright; and a certified court reporter. The open session of the meeting was adjourned for the Closed Session. The Closed Session was adjourned and returned to the open session. Bob Shillinger, County Attorney addressed the Board. Patrick Flanigan, Esquire, representing Robert & Julianne Reynolds addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers authorizing the County Attorney to participate in the Public Service Commission proceedings up through the hearing, the is anticipated to be, on June 18, 2013. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent No Motion carried. Item K2 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session to discuss Collective Bargaining with the Teamsters, Local 769 pursuant to F.S. 447.605(1). Present at the meeting will be the County Commissioners, County Administrator Roman Gastesi; Deputy County Administrator Debbie Frederick; County Attorney Bob Shillinger; OMB Director Tina Boan; Public Works & Engineering Director Kevin Wilson; Employee Services Division Director Teresa Aguiar; Veteran's Affairs Director George Brentnall; Social Services Department Head Sheryl Graham; and Assistant County Attorney Cynthia Hall. The open session of the meeting was adjourned for the Closed Session. The Closed Session was adjourned and returned to the open session. Item K3 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session to discuss Collective Bargaining with the International Association of Firefighters (IAFF), Local 03/20/2013 Page 9 3909 pursuant to F.S. 447.605(1). Present at the meeting will be the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger; OMB Director Tina Boan; Fire Chief James Callahan; Deputy Fire Chief Gary Boswell; Employee Services Division Director Teresa Aguiar; Kevin Madok; Assistant County Attorney Cynthia Hall; and Deputy County Administrator Debbie Frederick. The open session of the meeting was adjourned for the Closed Session. The Closed Session was adjourned and returned to the open session. PUBLIC HEARINGS Item P 1 A Public Hearing was held to consider adoption of an Ordinance amending Monroe County Code Chapter 2, Article III, Division 7, Sec. 2 -202, Quasi - Judicial Proceedings, clarifying that Monroe County, as allowed pursuant to F. S. 286.0115, is officially adopting by Ordinance the statutory requirements set forth in F.S. Sec. 286.0115(1)(c) removing the presumption of prejudice in quasi —judicial proceedings by disclosure of ex parte communications, as well as ensuring that the BOCC Administrative Procedures are amended to reflect the Monroe County Code. There was no public input. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012 -2013 Said Ordinance is incorporated herein by reference. Item P2 A Public Hearing was held to consider adoption of an Ordinance to amend Section 138 -22(2) of the Monroe County Code to clarify that, in addition to hotels, lawful transient Residential Rate of Growth Ordinance (ROGO) exemptions (TRE's) may be transferred to recreational vehicle (RV) parks. Christine Hurley, Growth Management Director. There was no public input. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers to adopt the following Ordinance and keep at a minimum in Section C 1 Procedures for Transfer of Site. Motion carried unanimously. ORDINANCE NO. 013 -2013 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR Item N8 Board continued the discussion, direction and authorization for County Administrator to investigate the feasibility and cost of quality of life projects benefitting the Upper, Middle and Lower Keys. Those projects are the Rowell's Marina property in Key Largo, rehabilitation of the Old Seven Mile Bridge in Marathon and the Higgs Beach Master Plan in Key West. The following individuals addressed the Board: Jim Saunders, representing the Key Largo Community Preservation Foundation and Key Largo Chamber of Commerce and Mike Puto addressed the Board. Roman Gastesi, County Administrator and Kevin Madok, Senior Director of Strategic Planning addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice authorizing the County 03/20/2013 Page 10 Administrator to investigate the feasibility and cost of quality of life projects. Motion carried unanimously. OFFICE OF MANAGEMENT & BUDGET Item H1 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition introduced Michelle Grillo, who will be handling the HSAB, FDLE and Criminal Justice Grants for the next couple of months as the interim Grants Administrator. Ms. Grillo addressed the Board concerning approval of Fiscal Year 2014 Human Services Advisory Board fiunding amount (Last year's fiunding amount was $1,752,600.). After discussion, Commissioner Carruthers withdrew her second. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage for a continuation of last year's fiunding. Motion carried unanimously. COMMISSIONERS' ITEMS Margaret Romeo addressed the Board concerning the following six items: Item L1 Board granted approval of Mayor Neugent's appointment of Captain Bill Kelly to the RESTORE ACT Local Committee, with term expiring March 20, 2014. Item L2 Board granted approval of Mayor Neugent's appointment of Ed Swift to the RESTORE ACT Local Committee, with term expiring March 20, 2014. Item L6 Board granted approval of Commissioner Kolhage's appointment of Patrick H. Rice Ph.D. to the Monroe County RESTORE Act Committee, with a term expiring March 20, 2014. Item L7 Board granted approval of Commissioner Carruthers' appointment of Todd German to the Restore Act Local Committee, with term expiring March 20, 2014. Item L12 Board granted approval of Commissioner Murphy's appointment of John Halas to the Restore Act Local Committee. His term will expire March 20, 2014. Item L13 Board granted approval of Commissioner Rice's appointment of David Makepeace to the Monroe County RESTORE ACT Committee as the District 4 representative, with a term expiring March 20, 2014. Lisa Tennyson, Director Legislative Affairs & Grants Acquisition and Bob Shillinger, County Attorney addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy that members of the RESTORE Act local committee be prohibited from voting on projects or proposals that they or their agency bring before the committee for consideration. Roll call vote carried unanimously. Motion was made by Commissioner Carruthers and seconded Commissioner Murphy granting approval of Items L1, L2, L6, L7, L12 and 1-13. Motion carried unanimously. 03/20/2013 Page11 MISCELLANEOUS BULK APPROVALS Item C23 Peter Horton, Director of Airports addressed the Board concerning approval to pay off early the Monroe County, Florida Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 (the "Series 2006 Bonds "). Roman Gastesi, County Administrator addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. Item C4 Teresa Aguiar, Director Employee Services addressed the Board concerning approval to amend the Plan of Compensation (Pay Plan) to include a title and pay range for the position of Building Inspector II, Electrical Inspector 11, and Plumbing Mechanical Inspector II. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Commissioner Rice announced that he would abstain from the following item due to a voting conflict: Item C6 Approval of a Renewal Agreement with Guidance /Care Center, Inc. for wastewater treatment processing from the Marathon Detention Facility. Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously, with Commissioner Rice Abstaining. Item C9 Kevin Wilson, Senior Director of Public Works & Engineering addressed the Board concerning approval to negotiate a Contract with Kisinger Campo and Associates (KCA), the highest ranked RFQ respondent, for engineering design and permitting services for the Card Sound Bridge Repair project. The engineering design and permitting services will be fiunded by Florida Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. If an agreement cannot be reached with the highest ranked respondent, request approval to negotiate with the next highest ranked respondent and to continue until a satisfactory negotiation is achieved. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item C 10 Kevin Wilson, Senior Director of Public Works & Engineering addressed the Board concerning approval of a Contract with IMS Infrastructure Management Services, LLC the highest ranked respondent, for Asphalt Pavement Evaluation and Management Services. The contract amount is $103,484.00. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. Item C 14 Kevin Wilson, Senior Director of Public Works & Engineering addressed the Board concerning approval of a Contract with Sea Tech of the Florida Keys, Inc. for the Lobby Expansion at the Freeman Justice Center, for a cost of $235,972.00 fiunded from Ad Valorem. Roman Gastesi, County Administrator and Bob Shillinger, County Attorney addressed the 03/20/2013 Page 12 Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Item D3 Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of Daniel Reynen's appointment to the one "At Large" appointment to the Tourist Development Council District I Advisory Committee. Motion carried unanimously. STAFF REPORTS Item E6 Christine Hurley, Growth Management Director briefed the Board on the document titled Monroe County The Florida Kevs Area of Critical ,State Concern Work Plan Memorandum Challenges Facing the Florida Kevs. Tina Boan, Director of Management & Budget and Bob Shillinger, County Attorney addressed the Board. The Board took no official action. DIVISION OF GROWTH MANAGEMENT Item I5 Patricia Smith, representing the Florida Department of Transportation addressed the Board concerning approval to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) to design and constrict scenic overlooks along the Florida Keys Scenic Corridor. This $1,230,000 project is fiunded at 100% by the FDOT. No county match is required. Roman Gastesi, County Administrator and Christine Hurley, Growth Management Director addressed the Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. PUBLIC HEARINGS Item Q1 The second of two Public Hearings was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners assigning Tier Overlay District Designations to Approximately sixty -three (63) parcels determined to have no Tier on the Tier Overlay District map(s). The proposed designations are based on changes made to the Tier Overlay District (Chapter 130 -130 of the Monroe County Land Development Code) in accordance with the Final Order in DOAH Case No. 06- 2449GM. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014 -2013 Said Ordinance is incorporated herein by reference. Item Q2 The second of two Public Hearings was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending the Tier Overlay District Designations to Approximately twenty -seven (27) parcels determined to have a Tier designation 03/20/2013 Page 13 inconsistent with the Tier Overlay District criteria. The proposed designations are based on changes made to the Tier Overlay District (Chapter 130 -130 of the Monroe County Land Development Code) in accordance with the Final Order in DOAH Case No. 06- 2449GM. The following individuals addressed the Board: Owen Trepanier, representing Trepanier & Associates; and Patrick Flanigan, Esquire, representing Rockland Operations LLC addressed the Board. Michael Roberts, Senior Administrator of Environmental Resources; Christine Hurley, Growth Management Director and Susan Grimsley, Assistant County Attorney addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to approve staff recommendation, with the exception of the parcel of land designated RE 00090220 - 000000, which will be designated Tier IIIA. Exhibit A will be changed to reflect that the following RE numbers are being deleted from Section 7: 00090220 - 000000, 000909230 - 000000, 00090230 - 000100 and a revision will be made to Exhibit D deleting those parcels as well. Motion carried unanimously. ORDINANCE NO. 015 -2013 Said Ordinance is incorporated herein by reference. STAFF REPORTS Item E7 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition advised the Board of the following: there will be a remembrance and final services for Senator Larcenia Bullard in Miami on March 22 and March 23 staff is continuing to work on Mayfield year two funding; there are several tax bills that are currently being looked at; cost share relationship with the state regarding Medicaid; there are several bills addressing Citizens Insurance; advised the Board of HB819 and HB8375; and advised that the state is relooking at the budget due to the sequestration cuts. Item E8 Bob Ward, Director Information Technology advised the Board that the meetings are now broadcast on AT &T U -Verse on the Government Access Channel. COUNTY ADMINISTRATOR Item N1 Roman Gastesi, County Administrator advised the Board of the following staff changes due to a retirement in the Upper Keys, as follows: Robert Glassmer will now be in charge of the facilities side and John Glista will be in charge of the roads and bridges side. COUNTY ATTORNEY Item O1 Bob Shillinger, County Attorney advised the Board that Venture Out has sued Monroe County and Florida Keys Aqueduct Authority together. Mr. Shillinger read the required language into the record and requested a Closed Session in the matter of T`entnre Out at Cndjoe Key, Inc. v. Florida Kevs Aqueduct and Monroe County, Case No. 2013-CA-20 4-K at the April 17, 2013 meeting in Key West at 1:30 p.m. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of the Closed Session. Motion carried unanimously. 03/20/2013 Page 14 Mr. Shillinger advised the Board that he will discuss a possible joint defense with the Aqueduct at next month's meeting. Item 02 Bob Shillinger, County Attorney addressed the Board regarding status of BP oil spill claim; approval to file lawsuit to recover damages arising out of the Deepwater Horizon Oil Spill. John Campbell, representing Campbell & Malafy; Carla Burke, and Richard Malafy, representing Campbell & Malafy addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval to file suit by April 19, 2013. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Item J1 Rich Jones, Senior Administrator of Marine Resources addressed the Board concerning consideration to adopt a Resolution providing for the purpose, duties and membership of the Marine and Port Advisory Committee (MPAC). After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of staff recommendation including the alternative seventh item. Roll call vote carried unanimously. Motion was made by Commissioner Rice and seconded by Mayor Neugent to change the Committee from 10 members to 5. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion failed. After further discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to expand it to 7 people with the additional members from the Sanctuary Advisory Council to appoint one individual, who will not be a commercial fisherman, and an appointment by the Florida Keys Commercial Fisherman's Association. Motion carried unanimously. RESOLUTION NO. 110 -2013 Said Resolution is incorporated herein by reference. There being no fi rther business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 03/20/2013 Page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BUDGET CALENDAR, FISCAL YEAR 2014 Adooted Timetable Date 2013, Day RESPONSIBLE PARTY REQUIRED ACTIVITY REQUIREMENT REFERENCE Approval of the FY14 Budget Timetable. Agenda Rem for a recommendation on FY14 HSAB and non - profit organizations funding. March 20, Wednesday Board of County Commissioners Regular BOCC meeting Marathon April 10, Wednesday Board of County Commissioners Budget Workshop 10am Marathon County Administrator, Division County Administrator will give Division Directors their April 11, Thursday Directors budget instructions. Section 129.025 Florida Statutes April 15 Monday Office of Management and Budget GovMax Training 1 -5pm Marathon OMB deadline for submission- budget requests for all Division Directors, Department Internal Service Funds and departments including May 2, Thursday Directors, TDC Executive Director TDC. May 5 -10 Sunday- Friday Governor's Hurricane Conference www.flghc.org County Administrator's internal budget review with May 16 & 17, Thursday & Friday County Administrator, Division and Divisions /Departments and OMB. Capital Planning May 20 & 21, Monday & Tuesday Department Directors, OMB with be scheduled with Project Management Division Directors, Department Deadline for final submission of budgets to OMB from May 24, Friday Directors, TDC Executive Director departments. This is the last date to receive input from the Human May 31, Friday Human Service Advisory Board Service Advisory Board. Constitutional Officers, State Attorney, Housing Authority, Submission of budget requests to the County On or before June 1, Saturday Judicial, and Health Dept. Administrator. Section 129.03(2) Florida Statutes The Property Appraiser certifies, to each taxing authority, the taxable value within the jurisdiction of the July 1, Monday Property Appraiser taxing authority on Form DR -420. Section 129.03(1) Florida Statutes Tentative budget to be delivered to BOCC at regular July 17, Wednesday Board of County Commissioners meeting date. Key West Section 129.03(3) Florida Statutes National Association of Counties (Naco) Annual July 19 -22 Friday- Monday Conference www.naco.org Special Meeting for discussion of Budget and Capital Improvement Plan. Announcement of Proposed Millage Rates and selection of dates, times and places for public hearings. Approval to advise the Property Appraiser of proposed millage rates. Both days- 10 Sections 129.03(3)(a) and 200.065(2)(b) July 29 & 30, Monday & Tuesday Board of County Commissioners A.M. Key West Florida Statutes Last day to advise the Property Appraiser of the Proposed Millage Rates, current year rolled -back rate and the date, times and place of the Tentative Budget August 4, Sunday Office of Management and Budget Hearing. Section 200.065(2)(b), Florida Statutes Property Appraiser mails out the Notice of Proposed Property Taxes to each taxpayer listed on the current Sections 200.065(2)(b) and 200.069 No later than August 24, Saturday Property Appraiser year assessment roll. (TRIM Notices) Florida Statutes First Public Hearing Adoption of Tentative Budget Sections 129.03(3)(c), 200.065(2c) and September 4, Wednesday Board of County Commissioners and Millage Rate 5:05 P.M. Key Largo 200.065(2)(e), Florida Statutes September 9, Monday Board of County Commissioners Special Budget Meeting 5:05 P.M. Marathon Not Required- Done as a public service. Budget Ad to be published in newpaper for final budget September 9, Monday Office of Management and Budget hearing Section 200.065(2)(d), Florida Statutes Final Public hearing Adoption of Final Budget and Sections 129.03(3)(c), 200.065(2)(d) and September 12, Thursday Board of County Commissioners Millage Rate 5:05 P.M. Key West 200.065(2)(e), Florida Statutes Notify the Sheriff, in writing, of the specific action taken on the proposed fiscal year 2013 -2014 budget Following final budget adoption Board of County Commissioners appropriations of the Sheriff. Section 30.49(4), Florida Statutes Within 3 days of Final Hearing, the Resolution adopting final millage and budget to Property Appraier, September 14, Saturday Office of Management and Budget Tax Collector and the Dept. of Revenue FL Administrative Code 12D- 17.003(f) Within 30 days of adoption of final millage and budget, submit TRIM package (DR -487) to Dept. of Revenue. Certify final millages to Property Appraiser via DR -422 and DR- 422DEBT (R any debt). Post summary budget Section 129.03(3) Florida Statutes October 12, Saturday Office of Management and Budget on website. FL Administrative Code 12D- 17.003 (h)