Loading...
05/18/2011Regular2011/82 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 18, 2011 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray Government Center. Present and answering to roll call were Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, Commissioner Kim Wigington, and Mayor Heather Carruthers. Also present at the meeting were Roman Gast:esi, 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. ADDITIONS, CORRECTIONS, DELETIONS Item A There were no Additions, Corrections, or Deletions made to the Agenda. PRESENTATION OF AWARDS Item B 1 Presentation of Years of Service Award for 20 years of service to Monroe County to Martin Hovis, Toll Collector, Card Sound Toll Authority, Public Works Division. Item B2 Presentation of Mayor's Proclamation proclaiming May 2011 as Island Dolphin Care Month in Monroe County, Florida. Item B3 Presentation of Mayor's Proclamation proclaiming May 15 — 21, 2011 as Police Week and May 15, 2011 as Peace Officers' Memorial Day in Monroe County. Item B4 Presentation of Mayor's Proclamation proclaiming May 25, 2011 as Missing Children's Day in Monroe County, Florida. Item B5 Presentation of Mayor's Proclamation proclaiming October 31 — November 6, 2011 as EcoWeek in Monroe County (Florida Keys). BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Item C1 Board granted approval and authorized execution of Amendment #002 to the Community Care for the Elderly (CCE) Contract KC-1071 between the Alliance for Aging, Inc. 2011/83 (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/10 to 12/31/11. Item C2 Board granted approval and authorized execution of the Alzheimer's Disease Initiative (ADI) Contract KZ-1197 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 7/l/11 to 6/30/12. Item C3 Board adopted the following Resolution amending Resolution No. 007-2009 in order to provide for a Storage Fee charged by the District 16 Medical Examiner. RESOLUTION NO. 135-2011 Said Resolution is incorporated herein by reference. Item C4 Board granted approval of Proposal, dated 4/28/2011, from Conch Wastewater, Inc. for the operation and maintenance of a Domestic Wastewater Facility at the Florida Keys Marathon Airport. Item C5 Board ratified Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement Number Four for Contract #ANJ94 (Runway Safety Area Development and Construction) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Item C6 Board ratified Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement Number Seven for Contract #AK043 (Planning Studies) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Item C7 Board ratified Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement for Contract #AOC81 (New Terminal Construction) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Item C8 Board granted approval of Professional Service Order #10 with THC, Inc. for Key West International Airport's Noise Insulation Program (NIP) Phase 7 — Lead Paint Remediation. Item C9 Board granted approval to award Public Works surplus item 9 as described in attached Recap of Bid Opening on April 20, 2011. Item C10 Board granted approval and authorized execution of a Renewal Agreement to the existing fuels contract with Dion Oil Company for delivery of unleaded gasoline and diesel fuel for one additional year. 2011/84 Item C 11 Board granted approval to award bid and authorized execution of a Contract with MECO of North Florida, Inc. for Fuel Piping Replacement at the Monroe County Detention Center, Stock Island, Florida. Item C 14 Board granted approval to award bid and authorized execution of a Contract with Best Janitorial & Supplies, Inc. for janitorial services at the Big Pine Key Library. Item C 15 Board granted approval to award bid and authorized execution of a contract with Best Janitorial & Supplies, Inc. for janitorial services at the George Dolezal Library in Marathon. Item C16 Board granted approval to award bid and execute a contract with Best Janitorial & Supplies, Inc. for janitorial services at the Islamorada Library. Item C 17 Board granted approval to award bid and execute a contract with Best Janitorial & Supplies, Inc. for janitorial services at the Key Largo Library. Item C 19 Board granted approval of a First Amendment to Contract with Safe Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70. Item C20. Renewal of a Certificate of Public Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire Department, Inc. d/b/a Ocean Reef Public Safety Department for the operation of an ALS transport ambulance service for the period June 1, 2011 through May 31, 2013. Item C21 Board granted approval to execute an Agreement between the District Board of Trustees of Florida Keys Community College (FKCC) and Monroe County Board of County Commissioners (MCBOCC) concerning Emergency Medical Service (EMS) practical training for the period retroactive July 1, 2010 and ending June 30, 2015. Item C22 Board granted approval to pay $282,403 renewal premium to Citizens Property Insurance Corporation for Windstorm Insurance Policy. Item C23 Board granted approval to solicit proposals for a Consultant in the areas of Workers' Compensation and Risk Management. Item C24 Board granted approval of Fifth Amendment of the legal services agreement with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to update authorize timekeepers and to amend the definition of an approved expense in order to allow the use of a registered nurse in preparing of'Medicare Set Asides retroactively to February 1, 2011. Item C26 Board adopted the following various Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). 2011/85 RESOLUTION NO. 136-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 137-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 138-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 139-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 140-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 141-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 142-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 143-2011 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 144-2011 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (Schedule Item No. 10). RESOLUTION NO. 145-2011 Said Resolution is incorporated herein by reference. Item C27 Board granted approval of a First Renewal Agreement for Keys Security to provide security patrols and services in the Duck Key Security District. Item C30 Board granted approval of an Amendment to the Agreement for Repair and Replacement Services for Traffic Signals and Outdoor Lighting with Florida Keys Electric 2011 /86 Cooperative; Association, Inc. (FKEC) to update notification requirements and to include requirement that FKEC utilize the U.S. Department of Homeland Security's E-Verify System. Item C31 Approval of third amendment to Traffic Signal and Street Light Maintenance Agreement with Keys Energy Services, Inc. (KES) to include requirement that KES utilize the U.S. Department of Homeland Security's E-Verify System. Item C32 Board granted approval to execute amendment to the FDOT Traffic Signal Maintenance and Compensation Agreement requiring Monroe County to utilize the U.S. Department of Homeland Security E-verify system. Item C34 Board granted approval of a Third Amendment to Contract with William P. Horn Architect, P.A. for the Development of a Higg's Beach Park Master Plan. Item C35 Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. TOURIST DEVELOPMENT COUNCIL Item D1 Board granted approval and authorized execution of an Agreement with Dolphin Research Center, Inc. for the Gift Shop Doors project, in an amount not to exceed $3,725 DAC III FY 2011 Capital Resources. Item D2 Board granted approval and authorized execution of an Agreement with The Marathon Community Theatre, Inc. covering the kitchen and bathroom renovation project in an amount not to exceed $8,000 DAC III FY 2011 Capital Resources. Item D3 Board granted approval and authorized execution of an Agreement with Key West Film Society, Inc. for the Tropic Cinema Phase Six: Renovations and Upgrades project in an amount not to exceed $35,000 DAC I FY 2011 Capital Resources. Item D4 Board granted approval and authorized execution of an Agreement with Marine Mammal Conservancy, Inc. to extend agreement for the Marine Mammal Conservancy Phase II Project in an amount not to exceed $28,180. Item D5 Board granted approval and authorized execution of an Agreement with Key West Players, Inc. covering the Air Conditioning Modernization project in an amount not to exceed $24,950 DAC I FY 2011 Capital Resources. Item D6 Board granted approval and authorized execution of an Agreement with the Studios of E:ey West, Inc. for the Nature Center project in an amount not to exceed $60,000 DAC I, FY 2011 Capital Resources. Item D7 Board granted approval and authorized execution of an Agreement with The City of Marathon for the Installation of a Kayak Dock and Boardwalk in an amount not to exceed $20,000 DAC III, FY 2011 Capital Resources. 2011/87 Item D8 Board granted approval and authorized execution of an Agreement with The City of Marathon for the Volley Ball project on Sombrero Beach in an amount not to exceed $19,750 DAC III, FY 2011 Capital Resources. Item D9 Board granted approval and authorized execution of an Agreement with The Key West Harry S. Truman Foundation, Inc. covering the Energy Conservation at The Little White House project in an amount not to exceed $5,250 DAC I, FY 2011 Capital Resources. Item D10 Board granted approval and authorized execution of an Agreement with Mitchell Wolfson Family Foundation, Inc. covering the Interpreting History —Audubon House Outbuildings project in an amount not to exceed $61,780, DAC I, FY 2011 Capital Resources. Item DI I Board granted approval and authorized execution of an Agreement with The Studios of I'ey West, Inc. covering the Replacement of Central Air conditioning project at the Historic Armory in an amount not to exceed $25,000, DAC I, FY 2011 Capital Resources. Item D12 Board granted approval and authorized execution of an Agreement with Florida Keys Land 49-, Sea Trust, Inc. covering the Crane Point Eco-Adventure Canopy Tour Program in an amount riot to exceed $85,000, DAC III, FY 2011 Capital Resources. Item D 13 Board granted approval and authorized execution of an Agreement with Dolphin Research Center, Inc. to purchase land for the purpose of additional parking for the Dolphin Research Center in an amount not to exceed $152,250, DAC III, FY 2011 Capital Resources. Item D 14 Board granted approval and to rescind agreement with Florida Keys Triple Slam Fishing Tournament for the Florida Keys Triple Slam Fishing Tournament in May, 2011 due to cancellation of event. Item D15 Board granted approval and authorized execution of an Amendment to Agreement with Florida Keys Community College and the Letters FKCC covering the FKCC Keys Chorale Concert Series to revise Exhibit C — Schedule of Events. DIVISION OF GROWTH MANAGEMENT Item H2 Board granted approval and authorized execution of a Fifth Amendment to the Agreement with Greenberg Traurig, P.A. expanding the consulting services to include provision of continuing education for county staff related to Development Orders and Consistency Challenges, increasing the amount payable by $3,500.00 to an amount not to exceed $89,500.00 and extending the expiration date from June 19, 2011 until September 19, 2011. SHERIFF'S DEPARTMENT Item J1 Board granted approval for the Mayor to sign the DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/Application for Advance Funding. COMMISSIONER'S ITEMS Item K1 Board granted approval of Mayor Carruthers' reappointment of Sandra Walters to 2011/88 the Marine & Port Advisory Committee. Item K2 Board granted approval of Commissioner Wigington's appointment of Mr. Harvey Wolney to the KWIA Ad Hoc Committee on Noise representing the community. COUNTY CLERK Item L2 Board granted official approval of the Board of County Commissioners minutes from the regular meeting of March 16, 2011 and Special Meeting of March 22, 2011 (previously distributed)„ Item L3 Board granted approval of the following Warrants: (106179 - 106245 and 561732 - 562625) General Fund (001), in the amount of $2,453,206.59; Fine & Forfeiture Fund (101), in the amount of $3,199,432.47; Road and Bridge Fund (102), in the amount of $145,647.23 TDC District Two Penny (115), in the amount of $233,256.15; TDC Admin. & Promo 2 Cent (116), in the amount of $477,190.60; TDC District 1,3 Cent (117), in the amount of $287,121.90; District 2,3 Cent (118), in the amount of $43,269.34; TDC District 3,3 Cent (119), in the; amount of $181,001.04; TDC District 4,3 Cent (120), in the amount of $251,405.45; TDC District 5,3 Cent (121), in the amount of $106,234.80; Gov. Fund Type Grants (125), in the amount of $487,318.37; Fire & Amb District 1 L&M Keys (141), in the amount of $134,041.03; Upper Keys Health Care (144), in the amount of $780.77; Uninc Svc Dist Parks & Rec (147), in the amount of $44,705.24; Plan, Build, Zoning (148), in the amount of $129,517.74; Municipal Policing (149), in the amount of $491,435.09; 911 Enhancement Fee (150), in the amount of $96,485.29; Duck Key Security (152), in the amount of $4,236.17; Local Housing Assistance (153), in the amount of $4,400.00; Boating Improvement Fund (157), in the amount of $8,293.55; Misc. Special Revenue Fund (158), in the amount of $25,165.68; Environmental Restoration (160), in the amount of $25,077.68; Law Enforcement Trust (162), in the amount of $5,000.00; Drug Abuse Trust, (164), in the amount of $5144.28; Building Fund, (180), in the amount of $27,515.41; 1 Cent Infra Surtax (304) in the amount of $1,725.69; Infr Sls Srtx Rev Bds2007, (308), in the amount of $677,853.36; Duck Key Wastewater (311), in the amount of $30,187.48; Card Sound Bridge (401), in the amount of $23,494.74; Marathon Airport (403), in the amount of $19,522.27; Key West Intl. Airport (404), in the amount of $407,329.99; KW AIP Series 2006 Bonds (405), in the amount of $6,390.34; PFC & Oper Restrictions (406), in the amount of $215,959.72; MSD Solid Waste (414), in the amount of $729,999.25; Worker's Compensation (501), in the amount of $22,634.39; Group Insurance Fund (502), in the amount of $284,689.03; Risk Management Fund (503),, in the amount of $44,418.69; Fleet Management Fund (504), in the amount of $102,138.60; Fire&EMS LOSAP Trust Fund (610), in the amount of $2,055.00. Item L4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. (Said list is incorporated herein by reference). Item L5 Board granted approval of Tourist Development Council Expenditures for the month of April, 2011: Advertising, in the amount of $1,258,246.03; Bricks & Mortar/Interlocal Projects, in the amount of $69,496.81; Visitor Information Services, in the amount of $12,936.00; Events, in the amount of $101,691.32; Office Supplies & Oper Costs, 2011 /89 in the amount of $16,633.66; Personal Services, in the amount of $57,425.92; Public Relations, in the amount of $32,829.39; Sales & Marketing, in the amount of $47,982.96; Telephone & Utilities, in the amount of $18,394.56; Travel, in the amount of $6,700.08. COUNTY ADMINISTRATOR Item M4 Board granted approval of the appointment of Claudia Baker to the Older American Advisory Board representing the Middle Keys. Item M5 Board granted approval of the appointment of Rick Freeburg to the Health Council of South Florida for a two year term in the category of Provider. COUNTY ATTORNEY Item N2 Board granted approval of an Amendment to Employment Agreements with James L. Roberts, former County Administrator, reforming his prior contracts in order to attribute automobile allowances as regular compensation for FRS calculations pursuant to the original intent of the parties. Item N7 Board granted approval of a legal services with the firm Hogan Lovells US LLP retroactive to March 16, 2011. Item N8 Board granted approval of Amendment to Agreement dated January 19, 2011 between Monroe County and Terramar Environmental Services, Inc. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Dent Pierce, Public Works Director and Suzanne Hutton, County Attorney discussed the following items: Item C12 Approval to into a one -year's residential lease agreement commencing June 1, 2011, with a County Employee for property Location E. Item C 13 Approval to enter into a one -year's residential lease agreement commencing June 1, 2011, with a County Employee for property Location F. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the above agreements with the insertion of the following wording into the document: The tenant shall have the option to renew the lease as long as the terms of the lease are meat. Motion carried unanimously. Item C 18 Dent Pierce, Public Works Director discussed the item. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval 2011 /90 and authorizing execution of a 4th Amendment to Agreement with The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services from Mile Marker 16.7 to Mile Marker 70 on a temporary day-to-day basis. Motion carried unanimously. Item C25 Teresa Aguiar, Employee Services Director and Suzanne Hutton, County Attorney discussed the item. After discussion, motion was made by Commissioner Wigington and seconded by Commissioner Murphy to request an Attorney General Opinion regarding (1) whether the County will be required to allow employees and elected officials to opt out of its self -insured health insurance plan whether or not the County requires employees to pay premiums for the benefits, and (2) whether the County will be required to allow plan participants to participate in group insurance benefits (life insurance, vision and dental) if the participants opt out of self -insured health insurance. The Clerk announced the receipt of written communication from previous County Commissioner Dixie Spehar that will be placed into the official record. Motion carried unanimously. Item C28 Don Riggs, representing Tamarac Park Property Owner's Association addressed the Board. Kevin Wilson, Senior Project Manager discussed the item. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of Change Order #1 to Grader Mike LLC, for the Boca Chica Road Restoration project located on Boca Chica Key. Motion carried unanimously. Item C29 Kevin Wilson, Senior Director - Project Management discussed the item. After discussion, emotion was made by Commissioner Rice and seconded by Commissioner Neugent approving the use $950,000 of District Two Transportation Impact Fees to fund design and construction of widening Truman Bridge on Duck Key. Motion carried unanimously. Item C33 Kevin Wilson, Senior Director - Project Management discussed the item. After discussion, emotion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval and authorizing execution of a Second Amendment to Agreement with MBI/K2M Architecture, Inc. for the Marathon Courthouse Renovation project. Motion carried unanimously. Staff was directed to make a request to the Courts that they pay 50% of the architect's fees and a percentage of the construction costs. TOURIST DEVELOPMENT COUNCIL Item D16 Motion was made by Commissioner Wigington and seconded by Commissioner Murphy to appoint Charlotte Palmer as an "At Large" appointment to the Tourist Development Council District II Advisory Committee. Motion carried unanimously. Item D 17 Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to appoint Melanie Elder as an "At Large" appointment to the Tourist Development Council District III Advisory Committee. Motion carried unanimously. 2011/91 DIVISION OF GROWTH MANAGEMENT Item H1 The Board discussed a Third Amendment to the Agreement for Professional Services with Keith and Schnars (K & S), P.A., for additional services concerning the Naval Air Station Environmental Impact Study or other studies or activities connected with the National Environmental Policy Act at NAS Key West and additional services connected with state requirements for military installation compatibility. The following individual addressed the Board: John Hammerstrom. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the item. Motion carried unanimously. Item M3 The Board also discussed for possible direction regarding the Naval Air Station Environmental Impact Study (EIS) Oversight Committee. The following individuals addressed the Board: John Hammerstrom and Don Riggs. WASTEWATER Item I Kevin Wilson, Senior Director - Project Management gave a power point presentation and reported on the status for preparation of a Cudjoe Regional Wastewater Non Ad Valorem Assessment and discussed for direction the next steps for funding the Cudjoe Regional Wastewater Treatment System. Suzanne Hutton, County Attorney discussed the matter. The Clerk announced the receipt of written communication from several property owners that will be placed into the official record. The following individuals addressed the Board: Don Riggs, representing, M-10 Coalition; and Bill Hunter, representing the Sugarloaf Shores Property Owner's Association. Jim Reynolds, Executive Director of the Florida Keys Aqueduct Authority and Roman Gastesi, County Administrator discussed the item. After discussion, Staff was tasked to bring back before the Board information to extend the infrastructure sales tax via a voter referendum to fund wastewater projects; preparation of a project schedule; and to defer the Cudjoe Regional Wastewater Non Ad Valorem Assessment until after the results of the voter referendum. SHERIFF'S DEPARTMENT Item J1 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to reopen the agenda. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to change the submission name on the DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/Application for Advance Funding from Commissioner Sylvia Murphy to Mayor Heather Carruthers and that the Mayor serve on the Criminal Justice Mental Health Substance Abuse Policy Council. Motion carried unanimously. COUNTY ADMINISTRATOR Item M2 Dean Paul, Deputy Director - Intergovernmental Programs with the South Florida Water Management District gave a power point presentation on the process for updating the 2005-2006 Lower East Coast Water Supply Plan. 2011 /92 STAFF REPORTS Item E1 Airports - Peter Horton, Airports Director reported to the Board on the status of the initiative by the City of Marathon to bring the United States Customs to the Florida Keys Marathon Airport. Item E5 Project Management - Kevin Wilson, Senior Director reported to the Board on the affect the road project scheduled for North Roosevelt Boulevard in Key West will have on county rights of way - Palm Avenue/Eaton Street; Mr. Wilson provided an update on the following items: the county's space utilization study; shared use of bike paths; engineering study for Bernstein Park on Stock Island; bid opening for the new Conch Key Fire Station scheduled for June 22; Notice to Proceed was issued on Environmental Phase II which is scheduled to take place in May for the new Stock Island Fire Department; and the Duck Key Wastewater treatment plant reach its' first substantial completion date on April 28, 2011. Staff was requested to provide written information to the Board on the total amount of wastewater funding the county and each municipality receives from the extra penny sales tax in a one year period. Item E6 Growth Management - Townsley Schwabb, Senior Director Planning discussed the upcoming Transmittal Hearing scheduled for June 20, 2011 @ 1:00 P.M., in Marathon for the Comprehensive Plan Transmittal Hearing where Wisteria Island, the Sub -Area Policy and the County's Transit Moratorium matters will be considered for transmittal. In addition, at 5:00 P.M., on the same day, a meeting will be heard with Keith & Schnars who will summarize the Monroe County Comprehensive Plan Technical Document in order to set the stage for the beginning of the Evaluation and Appraisal Report. PROJECT MANAGEMENT Item GI Project Management - Kevin Wilson, Senior Director reported on the status of the application for a TDC Bricks and Mortar Grant through DAC V & DAC IV for improvements at the Murray E. Nelson Government & Cultural Center. The following individual addressed the Board: Kay Thacker. COUNTY ADMINISTRATOR M1 Roman Gastesi, County Administrator referred the Board to his written Monthly Activity Report for the month of April, 2011 dated May 3, 2011. The Board discussed the Community Care for the Elderly (CCE) grant as it pertains to the delivery of services for the elderly. Debbie Frederick, Deputy County Administrator discussed the matter. COUNTY ATTORNEY Item N1 Suzanne Hutton, County Attorney reported to the Board concerning a citation issued by the Agency for Health Care Administration Services to Bay Shore Manor for irregularities. The Board authorized that the County Attorney request a fine reduction or elimination and ask for a hearing which will be handled via a conference call. Suzanne Hutton, County Attorney read the required legal information into the 2011/93 record for the following items: Item N3 Request to hold an Attorney -Client Closed Session at the June, 2011 BOCC meeting in the matter of Judy's House, Inc. v. Monroe County, Case No: CA-K-10-187. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to hold an Attorney -Client Closed Session for the item at the regular Board meeting scheduled for June 15, 2011 in Marathon at 1:30 P.M. Motion carried unanimously. Item N4 Request to hold an Attorney -Client Closed Session at the June, 2011 BOCC meeting in the matter of Galleon Bay Corp. v. Monroe County & State of Florida, Case No: CA-K-02-595. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to hold an Attorney -Client Closed Session for the item at the regular Board meeting scheduled for June 15, 2011 in Marathon at 1:50 P.M. Motion carried unanimously. Item N5 Request to hold an Attorney -Client Closed Session at the June, 2011 BOCC meeting in the matter of Florida Key Deer v. Craig Fugate, et al., 9010037-CIV Attorney -Client Closed Session. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to hold an Attorney -Client Closed Session for the item at the regular Board meeting scheduled for June 15, 2011 in Marathon at 2:10 P.M.. Motion carried unanimously. Item N9 Request to schedule a closed attorney client session in the matter of Gregory Klimock, et al, v. Monroe County and State Board of Trustees of the Internal Improvement Trust Fund, 2010-CA-979-K. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to hold an Attorney -Client Closed Session for the item at the regular Board meeting scheduled for June 15, 2011 in Marathon at 2:30 P.M. Motion carried unanimously. MISCELLANEOUS Commissioner Murphy discussed elected officials sitting on Advisory Boards. PUBLIC HEARINGS Item 01 A Public Hearing was held to consider a request for Administrative Relief for Remberto & Iliana Sanchez and Diego R. & Alina F. Castro on Lot 5, Block 14, Key Largo Beach Addition, Key Largo, Real Estate Number 00503560.000000. (This hearing was continued from March 16, 2011, but is no longer necessary because an allocation was awarded. It should be announced for the record.) Item 02 A Public Hearing was held to consider a request for Administrative Relief for Michelle Deluca on Lot 16, Sunrise Point Addition Amd., Key Largo, Real Estate Number 00484290.000300. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution approving Staff recommendation for Administrative Relief in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously. RESOLUTION NO. 147-2011 Said Resolution is incorporated herein by reference. 2011 /94 Item 03 A Public Hearing was held to consider a request for Administrative Relief for William Riehl on Lot 5, Block 1, Revised Plat of Sunrise Point, Key Largo, Real Estate Number 00484430.000000. Townsley Schwabb, Senior Director Planning discussed the matter. The Board accepted public input with the following individual addressing the Board: Andy Tobin, representing William Riehl. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to approve the Request for Administrative Relief in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously. RESOLUTION NO. 148-2011 Said Resolution is incorporated herein by reference. Item 04 A Public Hearing was held to consider approval of a Resolution renouncing and disclaiming any right of the County and the public in and to the western half of the right-of-way of a portion of King Street, adjacent to Block 6 and Blue Runner Street, Anglers Park Subdivision, Key Largo, as recorded In Plat Book 1, Page 159 of the public records of Monroe County, Florida. The Board accepted public input with the following individual addressing the Board: Russell Yagel, representing Sally Stribling. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 146-2011 Said Resolution is incorporated herein by reference. 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 ww&') -�a " C— - Isabel C. DeSantis, Deputy Clerk