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11/18/2009 Regular 256 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 18,2009 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray E. Nelson Government & Cultural Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George Neugent. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. PRESENTATION TO MAYOR NEUGENT/ COMMENTS FROM COMMISSIONERS Mayor Neugent made a presentation to the Board thanking everyone for their assistance during his tenure as Mayor. The Board thanked Mayor Neugent for his service and presented him with a plaque. CALL TO ORDER OF 2010 BOARD OF COUNTY COMMISSIONERS/ COMMISSION ORGANIZATION Motion was made by Commissioner DiGennaro nominating Commissioner Murphy to serve as Mayor. There were no others nominations made. Motion was made by Commissioner DiGennaro to close nominations. Commissioner Murphy was therefore selected as Mayor. Motion was made by Mayor Murphy nominating Commissioner Wigington as Vice-Mayor. Motion was made by Commissioner DiGennaro nominating Commissioner Carruthers as Vice- Mayor. There were no others nominations made. Motion was made by Commissioner DiGennaro to close nominations. Commissioner Wigington addressed the Board and declined the nomination. Commissioner Carruthers was therefore selected as Vice-Mayor. Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to adopt the following Resolution electing Commissioner Murphy as Mayor and Commissioner Carruthers as Mayor Pro Tern for the Board of County Commissioners for 2009 - 2010. Motion carried unanimously. RESOLUTION NO. 389-2009 Said Resolution is incorporated herein by reference. 257 Motion was made by Mayor Neugent and seconded by Commissioner DiGennaro to adopt the following Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and other necessary papers and documents' and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations. Motion carried unanimously. RESOLUTION NO. 390-2009 Said Resolution is incorporated herein by reference. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of an Employee Service Award for the Month of July 2009 to Robert Ward, Senior Administrator, Networking, Technical Services Division. Presentation of a Mayor's Proclamation proclaiming the week commencing November 16, 2009 be recognized in Monroe County as Take Stock in Children Week. Presentation of a Mayor's Proclamation proclaiming December 12, 2009 as Children's Memorial Day in Monroe County and to be dedicated to the celebration of the lives of our children lost. Presentation of a Mayor's Proclamation proclaiming November 19 through 24, 2009 as Monroe County Library 50th Anniversary Week, and invite all citizens to visit their local branch library and participate in the Open House celebration. Dedication of the new lighting system in the auditorium of the Murray E. Nelson Government and Cultural Center and a public thank you to those responsible. MISCELLANEOUS Dent Pierce, Public Works Director introduced Colleen Murphy, Monroe County's new Recycling Coordinator. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the following items by unanimous consent: 258 Board granted approval and authorized of a Contract between Monroe County and Class Act Cleaning Service, LLC to provide janitorial services at the Florida Keys Marathon Airport, in the amount of $27,063.05 annually. Board granted approval of award of bid to Oshkosh Corporation for a Quick Response Aircraft Rescue Fire Fighting Vehicle and associated and/or related additional equipment for Florida Keys Marathon Airport, and approval for the Mayor to sign the Contract with Oshkosh Corporation in the amount of$317,747.01. Board granted approval of correction to the amount indicated on the October 21, 2009 BOCC agenda for Item C-13 concerning the Award of Bid to Castel USA Corporation, for Wind Protection Improvements (Shutters Phase II) for the Florida Keys Marathon Airport, and approval of Contract with Castle USA Corporation, in the amount of$23,313.91, for Window Protection Improvements for the Florida Keys Marathon Airport. The correct amount is $29,313.91 rather than $23,313.91. Board granted approval and authorized execution ofa 1 Year Extension of Term for Bellsouth Business Master Agreement for Regulated Services and Volume and Term Agreement #FL03-F871-12 from AT&T. Board granted approval of changes to the Monroe County Personnel Policies and Procedures Manual as recommended by the Policies and Procedures Board. Board granted approval of revisions to the Monroe County Safety Policies and Procedure Manual. Board granted approval for the five Library branches to remain open on December 31, 2009 (a holiday for the new Fiscal Year only) and close instead on Saturday, January 2, 2010. Board granted approval to terminate Federal Aviation Administration Lease No. DTFA06-02L-00365, for FAA rental space at the Key West International Airport as of November 30, 2009. Board granted approval and authorized execution of a Contract between Monroe County and HIPP Industries, Inc. for Noise Insulation Program Phase 7 Construction, in the amount of $2,023,260.26. Board granted approval and authorized execution of Amendment 003 to the Older Americans Act (OAA) Contract AA-929 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Service) for Fiscal Year 1/1/09 to 12/31/109. Board granted approval and authorized of a Contract between Monroe County and the Community Transportation Coordinator/Guidance Clinic of the Middle Keys for the 6 month contract July 1, 2009 through December 31, 2009. Note that the Contract is 6 months to coincide with the CTC's Contract with the Commission for the Transportation Disadvantaged. 259 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West which provides for the swapping of cemetery vaults between the City and the County. This Agreement allows the County to have 32 vaults to hold indigent remains, and the City to have 25 vaults for the use of its citizens. This is a swap and is without cost to either the City or the County. Board granted approval to issue a Purchase Order to Physio-Control, Inc. in the amount of$28,861.59 to purchase a LifePak 15 cardiac monitor defibrillator unit and integral components. Board granted approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. Said report is incorporated herein by reference. Board granted approval to negotiate a Contract with MACTEC Engineering & Consulting for Construction Engineering and Inspection Services for the Geiger Creek Bridge Repair Design Build Project. Board adopted the following Resolutions for the transfer of funds and receipt of unanticipated funds: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 391-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 392-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 393-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 394-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 395-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 396-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). 260 RESOLUTION NO. 397-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 398-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 399-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 400-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 401-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 402-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 403-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 404-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 405-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 406-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 407-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 408-2009 Said Resolution is incorporated herein by reference. 261 Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 409-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 410-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 411-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 412-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 413-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 414-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 415-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 416-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 417-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 418-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 419-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). 262 RESOLUTION NO. 420-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 421-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 422-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 33). RESOLUTION NO. 423-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 424-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 425-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 426-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 427-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 428-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 38). RESOLUTION NO. 429-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 430-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 431-2009 Said Resolution is incorporated herein by reference. 263 Amending Resolution No. 317-2009 (OMB Schedule Item No. 42). RESOLUTION NO. 432-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 321-2009 (OMB Schedule Item No. 43). RESOLUTION NO. 433-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 345-2009 (OMB Schedule Item No. 44). RESOLUTION NO. 434-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 350-2009 (OMB Schedule Item No. 45). RESOLUTION NO. 435-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 359-2009 (OMB Schedule Item No. 46). RESOLUTION NO. 436-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 370-2009 (OMB Schedule Item No. 47). RESOLUTION NO. 437-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 373-2009 (OMB Schedule Item No. 48). RESOLUTION NO. 438-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 376-2009 (OMB Schedule Item No. 49). RESOLUTION NO. 439-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 50). RESOLUTION NO. 440-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 51). RESOLUTION NO. 441-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 442-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). 264 RESOLUTION NO. 443-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 54). RESOLUTION NO. 444-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized the Mayor to execute the Certificate of Acceptance of Sub grant Award for funds for law enforcement equipment upgrade for Monroe County Sheriffs Office, using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2009 through September 30, 2010. Board granted approval and authorized the Mayor to execute the Certificate of Acceptance of Subgrant Award for Funds for a mortgage fraud protection and prevention program for the State Attorney's Office, using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2009 through September 30, 2010. Board granted approval and authorized execution of a Master Service Agreement between Monroe County and Method Factory, sole source provider for Sarasota County's budget software GovMax V5.0, for software upgrade; and approval for the County/Deputy Administrator to approve individual Statement of Work Orders (SOW's) pursuant to the Master Service Agreement in an amount not to exceed $120,000. Board granted approval to advertise a Public Hearing for a Budget Amendment for Fund 403 Marathon Airport. Board granted approval of a General Fund transfer for the Sheriff: to transfer funds for Fiscal Year 2009 between functional distributions in accordance with F.S. Chapter 30.49(2)(a). Board granted approval and authorized execution of a Contract between Monroe County and KPMG to update the Fiscal Year 2009 Full Cost Allocation Plan and the OMB A-87 Cost Allocation Plan. Board granted approval of the Two-Year South Florida Workforce Plan for the period of July 1, 2009 through June 30, 2010. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 445-2009 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe 265 County and Key West Bight Preservation Association, Inc. covering the Key West "Bight" Before Christmas Holiday Celebration in an amount not to exceed $30,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement between Monroe County and Key West Business Guild, Inc. covering Tropical Heat in an amount not to exceed $13,981, DAC I, FY 2010 Event Funding. Board granted approval and authorized execution of an Agreement between Monroe County and Upper Keys Artificial Reef Foundation, Inc. covering the Key Largo Reef Fest in an amount not to exceed $40,000, DAC V, FY 2010 Event Funding. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Community College and the Letters "FKCC" covering the Florida Keys Community College Swim around Key West in an amount not to exceed $2,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement between Monroe County and Key Largo Baptist Church, Inc. covering the Key Largo Bridge Run in an amount not to exceed $19,000, DAC V, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement between Monroe County and Super Boat International Productions, Inc. for the Key West World Championship Race in an amount not to exceed $115,000, DAC I, FY 2010 Event Resources. Board granted approval and authorized execution of an Agreement between Monroe County and Key West Tourist Development Association, Inc. in an amount not to exceed $149,000, for Fantasy Fest 2010. Board granted approval and authorized execution of an Agreement between Monroe County and Key West Business Guild, Inc. covering W omenfest in an amount not to exceed $30,000, DAC I, FY 2010 Event Funding. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Key West Film Society, Inc. covering the Tropic Cinema Phase 5: Expansion of Tropic Cinema Project, to extend Agreement to December 31, 2009. Board granted approval and authorized execution of an Agreement between Monroe County and Miami Swordfish Tournament LLC covering the Islamorada Swordfish Tournament in an amount not to exceed $22,000, DAC IV, FY 2010 Event Funding. Board granted approval and authorized execution of an Agreement between Monroe County and Eco Week Events, Inc. for EcoWeek 2010 in an amount not to exceed $54,500. 266 Board granted approval and authorized execution of an Amendment to Agreement between ,Monroe County and the Redbone, Inc. to revise name of the Mercury Cheeca Redbone Celebrity Tournament to Mercury Redbone. Board granted approval and authorized execution of an Agreement between Monroe County and Upper Keys Community Pool, Inc. covering the Orange Bowl Winter Training and Swim Classic in an amount not to exceed $50,000, DAC V, FY 2010 Event Funding. GROWTH MANAGEMENT DIVISION Board granted approval and authorized execution of Amendment No.4 extending the Contract between Monroe County and Advanced Data Solutions (ADS) for continued scanning, indexing and imaging of Growth Management files and directed Staff to go out for a Request for Proposals (RFP) for these services. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon reimbursing the City in the amount of $29,832.00 from Boating Improvement Funds for costs previously incurred for mooring inspections and maintenance at the Boot Key Harbor mooring field during the past Fiscal Year. Board granted approval and authorized execution of an Agreement between Monroe County and Terramar Environmental Services Inc. to provide biological consulting services in the amount of up to $20,000 to the Growth Management Division and waiver of purchasing policy to approve a sole source Contract which combined with a previous Contract for which quotes were solicited is over $25,000 in total. MONROE COUNTY SHERIFF'S OFFICE Board granted approval of the following expenditures from the Law Enforcement Trust Fund: $9,692.62 - Monroe County Sheriffs Office - To provide uniforms and leather gear for Monroe County Sheriffs Office Honor Guard. $1,000.00 - Marathon Middle School Girls Soccer Team - To provide uniforms, referee fees and other costs associated with the team. $ 600.00 - Monroe County Sheriffs Office - To provide t-shirts for "Children's Safety Day" for the students of Treasure Village Montessori School and Island Christian School in Islamorada. COMMISSIONERS' ITEMS Board granted approval of the Board of County Commissioners of Monroe County, Florida pledging their commitment to appropriate staff resources and expertise within budget constraints to participate in the regional climate team with Miami-Dade, Palm Beach and 267 Broward Counties toward the development of a Southeast Florida Regional Climate Change Action Plan. RESOLUTION NO. 445a-2009 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Neugent's reappointment ofJeb Hale to the Planning Commission with a term expiring November 1, 2010. Board granted approval to request the Florida Department of Transportation (FDOT) to inventory and remove all non essential road signs that are not serving a purpose under FDOT jurisdiction in order to improve the aesthetics of Monroe County roadways. Board granted approval to request the Florida Department of Transportation (FDOT) to meet with the County Administrator and the Monroe County Sheriffs Department prior to any improvements at the SugarloafKey Intersection of US 1 and SugarloafBoulevard. Board granted approval for the Mayor to send a letter to Secretary Michael Sole, Department of Environmental Protection, to apply for EPA's Clean Diesel Grant Program opportunity for clean diesel engine repowering. Program currently exists in the State of Maine. Board granted approval of Commissioner DiGennaro's appointment of Kathleen Clements to the Art in Public Places Committee as the District 4 representative, replacing Nancy Perez-Miller, with a term expiring November 18, 2012. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Special Meetings of September 9, 2009 and September 23, 2009 and Regular Meeting of September 16, 2009 (previously distributed). Board granted approval of the following Warrants (104943-105032 & 544813-545744): General Fund (001), in the amount of$2,575,784.52; Fine & Forfeiture Fund (101), in the amount of$6,717,378.98; Road and Bridge Fund (102), in the amount of$24,166.10; TDC District Two Penny (115), in the amount of $243,945.69; TDC Admin. & Promo 2 Cent (116), in the amount of$384,805.85; TDC District 1,3 Cent (117), in the amount of $409,779.45; TDC District 2,3 Cent (118), in the amount of$16,642.77; TDC District 3,3 Cent (119), in the amount of $48,653.06; TDC District 4,3 Cent (120), in the amount of $2,027.97; TDC District 5,3 Cent (121), in the amount of$28,252.71; Gov. Fund Type Grants (125), in the amount of$180,497.85; Fire & Amb District 1 L&M Keys (141), in the amount of$95,751.53; Upper Keys Health Care (144), in the amount of $2,464.23; Uninc Svc Dist Parks & Rec (147), in the amount of$133,367.89; Plan, Build, Zoning (148), in the amount of $30,743.13; Municipal Policing (149), in the amount of$I,146,636.48; 911 Enhancement Fee (150), in the amount of$85,283.75; Duck Key Security (152), in the amount of$3,840.00; Local Housing Assistance (153), in the amount of$87.22; Boating Improvement Fund (157), in the amount of$8,115.84; Misc. Special Revenue Fund (158), in the amount of$50,195.62; Environmental Restoration (160), in the amount of$I,318.94; Law Enforcement Trust (162), 268 in the amount of$II,679.00; Court Facilities Fees-602 (163), in the amount of$8,173.67; Key Largo Wastewater MSTU (170), in the amount of$10.42; Conch Key MSTU (174), in the amount of$32.38; Building Fund (180), in the amount of$20,109.46; 1 Cent Infra Surtax (304), in the amount of$291,318.56; Infr Sls Srtx Rev BDS2007 (308), in the amount of $15,085.43; Big Coppitt Wastewater PR (310), in the amount of$168,508.61; Card Sound Bridge (401), in the amount of $3,468.24; Marathon Airport (403), in the amount of $155,364.55; Key West Inti. Airport (404), in the amount of$151.067.92; KW AlP Series 2006 Bonds (405), in the amount of$453,737.51; PFC & Oper Restrictions, (406), in the amount of$3,186,811.00; MSD Solid Waste (414), in the amount of$617,938.25; Worker's Compensation (501), in the amount of $64,046.24; Group Insurance Fund (502), in the amount of$207.553.97; Risk Management Fund (503), in the amount of$135,428.68; Fleet Management Fund (504), in the amount of$121,412.52; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,425.00. Board granted approval of Tourist Development Council Expenditures for the month of October, 2009: Advertising, in the amount of$212,602.58; Bricks & Mortar/Interlocal Projects, in the amount of$398,036.55; Visitor Information Services, in the amount of $45,713.33; Events, in the amount of$82,780.07; Office Supplies & Oper Costs, in the amount of$9,849.81; Personal Services, in the amount of$165,853.71; Public Relations, in the amount of$42,391.27; Sales & Marketing, in the amount of $229,248.82; Telephone & Utilities, in the amount of$14,174.61; Travel, in the amount of$26,048.31. Board granted approval to remove surplus equipment for inventory via disposal or advertise for bid. Board granted approval and authorized execution of a Letter of Agreement between Monroe County and PNC Bank concerning the interest rate cap for the Key West Airport Revenue Bonds. COUNTY ADMINISTRATOR Board granted approval/confirmation of the County Administrator's appointment of Christine Hurley as the Division Director of Growth Management. Board adopted the following Resolution amending Resolution No. 177-2008 to reallocate staff assignments to assist the Green Initiative Task Force (GITF); at the October 21,2009 meeting of the GITF the reassignment was approved by vote of the membership.1 RESOLUTION NO. 446-2009 Said Resolution is incorporated herein by reference. Board adopted the following Resolution terminating "The Monroe County Criminal Justice, Mental Health and Substance Abuse Planning Council" due to lack of continued funding and rescinding Resolution No. 314-2007 which authorized its establishment. RESOLUTION NO. 447-2009 269 Said Resolution is incorporated herein by reference. Board granted approval to remove the Combined Structural and Operating Plan (CSOP) Advisory Team of the South Florida Ecosystem Restoration Task Force from the list of Commissioners' Appointments. The last meeting of the advisory team took place in April 2006 and final recommendations concerning Everglades restoration projects were made to the U.S. Army Corps of Engineers in May 2006. Board granted approval of the appointment of Mr. Bert Bender to the Historic Preservation Committee in the category of Professional with term ending January 16, 2010. Board granted approval of the reappointment of Mr. Rudy Krause to the Career Service Council for a 2 year term. COUNTY ATTORNEY Board granted approval of Amendment No.2 to Monroe County, Florida Standard Legal Services Agreement with Timothy Wayne Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson & Galloway to add Joyce Durden as a timekeeper. Board adopted the following Resolution releasing a covenant, condition and restriction placed on property owned by the City of Marathon constituting a portion of Marathon Community Park, previously intended to be used for an aquatic center and park; authorizing the Mayor to execute any documents necessary for the release of the covenant, condition and restriction; and providing an effective date. RESOLUTION NO. 448-2009 Said Resolution is incorporated herein by reference. Board granted approval to advertise a public hearing to consider adoption of an Ordinance to extend the MSTU's for which we have not taxed four (4) years, except Stock Island and Big Coppitt. Board adopted the following Resolution directing the billing company for Trauma Star to not seek reimbursement from Monroe County or the Monroe County Sheriff s Office for the transportation of arrestees via Trauma Star when all other methods of reimbursement have been sought pursuant to F.S. 901.35. RESOLUTION NO. 449-2009 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Public Hearing to consider approval of an Ordinance repealing Ordinance No. 03-1988 to dissolve the Beach and Shore Preservation Authority Districts and Advisory Boards. 270 Board adopted the following Resolution requesting DCA for a rule change to revise the scoring for Small Cities Community Development Block Grant application scoring methodology to be updated to provide appropriate emphasis on activities consistent with wastewater treatment standards mandated in Chapter 99-395 Laws of Florida, as opposed to emphasizing installation of septic tanks, which is now prohibited in Monroe County. RESOLUTION NO. 450-2009 Said Resolution is incorporated herein by reference. Motion carried unanimously. * * * * * * FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, Commissioner Kim Wigington, City of Layton Councilman Clark Snow, and City of Layton Mayor Norman Anderson. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the following items: Approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of Florida, in the amount of $73,960.00 for the purchase of 40 sets of personal protective ensembles. Approval to issue a Purchase Order to Team Equipment, Inc., sole source authorized dealer for Hurst Jaws of Life hydraulic rescue equipment and accessories for the State of Florida, in the amount of $27,997.20 for the purchase of one complete hydraulic rescue tool/cutter/spreader set. Approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole source distributor ofMSA SCBA equipment in the State of Florida, in the amount of $29,045.00 for the purchase of 33 MSA SCBA Cylinders. Approval to issue a Purchase Order and the authority for Fire Chief to accept and sign the proposal from Elite Fire & Safety Equipment, Inc. in the amount of$118,995.00 for the purchase of one new Type III Ford walk-thru modular ambulance by piggy-backing the Key Largo Fire Rescue & EMS District bid Contract #KLFREMS 08-01. Approval to award of bid and enter into an Agreement between the Board of Governors of Fire and Ambulance District 1 and Ferrara Fire Apparatus, Inc., in the amount of$319,665.00 for the purchase of one Class A Pumper. 271 Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District I, was adjourned. * * * * * The Board of County Commissioners meeting reconvened with all Commissioners present. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item concerning the conceptual approval of proposal to explore the establishment ofa U.S. Customs Services facility at the Marathon Airport and allow for local customs services for inbound general aviation flights and water craft arriving in the Keys to the U.S. The following individual addressed the Board: Marathon City Councilman Dick Ramsey. Peter Horton, Airports Director discussed the matter. The Board decided to hear the item at its' meeting scheduled for December 16, 2009 in Marathon. MISCELLANEOUS BULK The Board discussed the Boys & Girls Clubs of the Keys Area, Inc. to lease the Stiglitz House for an amount of rent totaling $1.00 per year. The following individual addressed the Board: Manny Madruga, representing the Boys & Girls Club of the Keys Area, Inc. Dent Pierce, Public Works Director and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the Lease Agreement - Version 7 which allows Lessee (B&G) to terminate the lease without penalty if mitigation or repair of windstorm or flood damage is unfeasible. Motion carried unanimously. The Board discussed the Library Plan of Service for the year 2010. Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. The Board discussed Republic Parking System's budget request for Parking Lot Management for the Key West International Airport, in the amount of$148,237.29, for the period November 1, 2009 through October 31, 2010. Peter Horton, Airports Director discussed the matter. After discussion, motion was mad by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. EMERGENCY SERVICES J ames Callahan, Fire Chief updated the Board on fire station and other fire rescue capital projects. Roman Gastesi, County Administrator and Jerry Barnett, Project Management Director 272 discussed the matter. The Board agreed to further hear the matter at its' January, 2010 BOCC meeting in Key West. MISCELLANEOUS Christine Hurley, who was confirmed by the Board earlier in the day as the new Growth Management Director, addressed the Board. STAFF REPORTS Budget and Finance - Tina Boan, Budget & Finance Director informed the Board that the County received notice from the U.S. Immigration and Customs Enforcement (ICE) that they will no longer use the Monroe County Jail as its primary housing facility. Growth Management - Susan Grimsley, Acting Growth Management Director updated the Board concerning the tier map remapping process. CLOSED SESSION Suzanne Hutton, County Attorney announced that a Closed Executive Session was being held with the Board of County Commissioners in the matter of Lloyd Good v. Monroe County, Case No. CA K 01-977. Ms. Hutton read the names of the individuals to be present in today's session: The BOCC, Suzanne Hutton, County Attorney; Bob Shillinger, Chief Assistant County Attorney; Special Litigation Counsel, Michael Burke; and a certified court reporter. All others in attendance were required to leave the meeting room. STAFF REPORTS Growth Management - Richard M. Reynolds addressed the Board concerning the receipt of a letter from the county concerning his building permit allocation being in abeyance. WASTEWATER ISSUES Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written October 2009 Status Report - Engineering Division - Sewer Projects, dated November 18, 2009. MONROE COUNTY SHERIFF DEPARTMENT Motion was made by Mayor Murphy and seconded by Commissioner DiGennaro granting approval and authoring execution of the following: Memorandum of Understanding with the Monroe County Sheriff's Office for the Department of Justice, Office of Justice Program for the Edward Byrne JAG Grant. 273 Memorandum of Understanding with the Monroe County Sheriffs Office for the Department of Justice, Office of Justice Program for the Edward Byrne Memorial Justice Assistance (JAG) Grant Program - Local Solicitation. Motion carried unanimously. Commissioner Carruthers discussed the item approved earlier in the day (U6) directing the billing company for Trauma Star to not seek reimbursement from Monroe County or the Monroe County Sheriffs Office for the transportation of arrestees via Trauma Star when all other methods of reimbursement have been sought pursuant to F.S. 901.35. Suzanne Hutton, County Attorney discussed the matter. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written Monthly Activity Report - October, 2009. Debbie Frederick, Assistant County Administrator updated the Board concerning the status of the Older Americans Grant Act which includes the Congregate Meals, Home-Delivered Meals and In-Home Services. The Board discussed the BOCC Meeting Dates for 2010. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to hold the monthly BOCC meetings on the 3rd week of each month. Motion carried unanimously. The Board discussed the 2010 appointments of Commissioners to various duties. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent accepting the commissioner appointments. Said listing is attached hereto for reference. Motion carried unanimously. SOUNDING BOARD Andrew M. Tobin, Esq., representing his client in the matter of Code Enforcement vs. Penny May requested the item be continued. The Board continued the matter to the February 2010 BOCC meeting in Key Largo. Gary Bauman advised the Board that representatives from the Key Largo Wastewater Treatment District would discuss the matter - Charles Fishburn, General Manager; Thomas M. Dillon, District Counsel; Andrew M. Tobin, Commissioner; Robby Majeska, Commissioner; and Susan Hammaker, Chair. The following individuals also addressed the Board: Burke Cannon, representing the Hammer Point Home Owners' Association; and Ron Miller, representing the Upper Keys Citizen's Association. No official action was taken. MISCELLANEOUS Mayor Murphy announced that Mary Kay Reich, a prior County Commissioner has passed away unexpectedly. 274 Mayor Murphy also announced that representatives from the South Florida Blood Bank are holding a blood drive today and that the blood mobile is located outside of the Murray Nelson Government Building. PUBLIC HEARING 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 a 50-foot wide Carysfort Circle South, bounded by Tract B, Block 1 and lots 8 through 18 (inclusive) - Block 1, and Lots 8 through 16 (inclusive) - Block 2, Madeira Village, as recorded in Plat Book 7, Page 12 of the public records of Monroe County, Florida (Key Largo). The Board accepted public input with the following individuals addressing the Board: Nicholas W. Mulick, representing Mr. & Mrs. Coffin; Bob Davis, Windsor D. Coffin, Glenaan Robbins, Sandra Lynn, Steven B. Klett, and Jill Patterson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to table the item to the next Board meeting in Key Largo. After consideration, the motion was withdrawn. The item was then referred to Staff to facilitate discussions with the petitioner and adjacent neighbors. A Public Hearing was held to consider approval of a Resolution for a Budget Amendment for Fiscal Year 2009 Key Largo Wastewater MSTU Fund 170. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 451-2009 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 6- 108, Monroe County Code to eliminate and reduce waivers and exemptions from building permit fees. An alternative set of language allowing waivers for all not-for-profits that are 501(c)(3) is attached after the draft ordinance. The Board accepted public input with the following individuals addressing the Board: Chadwick Duncan, representing Habitat for Humanity - Upper Keys; and Richard Casey, representing the Middle Keys Community Land Trust. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to include language that not- for-profit organizations with a 501(c)(3) status from the Internal Revenue Service may apply to the board of county commissioners for fee waivers from the permit and application fees for construction or renovation of affordable or low income housing as defined by state statutes. Motion carried unanimously. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to include language that any entity may apply to the board of county commissioners for fee waivers from the permit and application fees for construction or renovation of affordable, low or very low income housing as defined by state statutes. Motion carried unanimously. ORDINANCE NO. 036-2009 Said Ordinance is incorporated herein by reference. 275 COUNTY ADMINISTRATOR The Board discussed Change Order #2 with Charley Toppino & Sons, Inc. for the Prado Circle Stormwater Improvements. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to continue the item to the BOCC meeting of December 16,2009 in Marathon. Motion carried unanimously. The Board discussed the future of the Hickory House property and to consider the single response to the RFP received on October 29, 2009, which is nonconforming. In order to accept the response the Board must vote to waive requirements of the Request for Proposal. The following individual addressed the Board: James E. Nabors, III, Managing partner J2 Development, LLC. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to deny consideration of the proposal submitted by J2 Development, LLC. Motion carried unanimously. The Board discussed the approval of one "At Large" appointment to the Tourist Development Council District IV Advisory Committee. Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to appoint Kelli Brower as an "At Large" appointment to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously. The Board discussed the approval of a Board of County Commission appointment to the Tourist Development Council for a 4 year term replacing Morgan McPherson former Mayor of the City of Key West. Commissioner Carruthers withdrew Key West City Commissioner Teri Johnston's name from consideration. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to appoint Key West Mayor Craig Cates as the BOCC appointment to the TDC. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney updated the Board concerning the ongoing wastewater legislation to provide the county an extension for completion of wastewater. Bob Shillinger, Chief Assistant County Attorney updated the Board concerning the status of the Key Largo Ocean Resorts (KLOR) litigation. The Board discussed options for addressing the downstairs enclosure issue in light of FEMA's rejection of the Optional Limited Amnesty Program. The following individuals addressed the Board: Christen Spake, representing Citizens Not Serfs; and Gordon West, representing the Sugarloaf Shores Property Owner's Association. 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Industrial Develooment Authoritv Chairperson - Sylvia Murphy Vice-Chairperson - Heather Carruthers George Neugent Mario DiGennaro Kim Wigington . COMMISSIONER DIGENNARO as the point person between the Board of County Commissioners and Representative Saunders for one year. . COMMISSIONER MURPHY to represent the Board on issues concerning highway safety and beautification, including the 18 Mile Stretch of U. S. 1 and to be our State and Federal government liaison on these issues. . COMMISSIONER DIGENNARO to serve with the Florida Commission on Veterans Affairs. . COMMISSIONER DIGENNARO to be the Board's liaison (point person) for wastewater issues. . COMMISSIONER DIGENNARO to be the Board's liaison with Senator Bullard. . COMMISSIONER MURPHY to serve as a representative on a working group to address hurricane evacuation in the Florida Keys. . COMMISSIONER WIGINGTON as the point person between the Board of County Commissioners and the Navy with regards to Navy related issues. 201 0 ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE: 1. library Advisory ftlard a. February b. April c. June d. August e. October f. December - Carruthers - Wigington - Neugent - DiGennaro - Murphy (2/23/10 - Marathon EOC Joint & Regular) (4/27/10 - Key West Library) (6/22/10 - Big Pine Key Library) (8/24/10 - Marathon Library) (10/26/10 - Islamorada Library) (12/14/10 - Key Largo Library) * At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to the meeting area nearest them. All meetings begin at 10:30 AM. 2. Oder American Advisory ftlard a. January - Carruthers b. February - Wigington c. March - Murphy d. April - Neugent e. May - DiGennaro f. June - Carruthers g. July - OAAB Vacation (each year) h. August - OAAB Vacation (each year) 1. September - OAAB Vacation (each year) J. October - Wigington k. November - Murphy 1. December - Neugent * All meetings are held at the Marathon Library starting at 10:00 A.M.