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11/20/2012 Regular 2012/242 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, November 20, 2012 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor David P. Rice. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Bob Shillinger, County Attorney; Amy Heavilin, County Clerk Ad Interim; Pamela G. Hancock, Deputy Clerk; County Staff, members of the press and radio; and the general public. Pastor Kerry Foote made an invocation to the Commissioners. Item A/B A Presentation along with comments from fellow Commissioners was made to Mayor David Rice. CALL TO ORDER OF 2013 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION Item Cl/C2/C3 Honorable Judge Reagan Ptomey administered the Oath of Office to re- elected District Three Commissioner Heather Carruthers; re- elected District Five Commissioner Sylvia Murphy; and newly elected District One Commissioner Danny L. Kolhage. Item C5 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers nominating Commissioner Neugent as Mayor /Chairman. Motion carried unanimously. Motion was made by Mayor Rice and seconded by Commissioner Kolhage nominating Commissioner Carruthers as Mayor Pro Tem. Motion carried unanimously. Item C6 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution electing the Mayor /Chairman and Mayor Pro Tem for the Board of County Commissioners. Motion carried unanimously. RESOLUTION NO. 334-2012 Said Resolution is incorporated herein by reference. Item C7 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating 2012/243 that the presently authorized signature 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. 335-2012 Said Resolution is incorporated herein by reference. ADDITIONS, CORRECTIONS, DELETIONS Item D Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. ENGINEERING Item K2 Kevin Wilson, P.E., Senior Director of Engineering addressed the Board concerning approval for the use of the strutitveest southeast corner of the Key Largo Community Park for overnight camping of volunteers & cyclists participating in the Multiple Sclerosis "Breakaway to Key Largo" Bike Ride on the nights of Friday, April 19, 2013 and Saturday, April 20, 2013 and for waiver of all fees for the use of County facilities for the event. Mabel Melton, representing the National Multiple Sclerosis Society South Florida Chapter addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. PRESENTATION OF AWARDS Item El Mayor's Proclamation declaring the month of November 2012 as National Hospice and Palliative Care Month in the Florida Keys. Item E2 Mayor's Proclamation declaring the month of November 2012 as Pancreatic Cancer Awareness Month in Monroe County. Item E3 Mayor's Proclamation declaring December 9, 2012 as National Children's Memorial Day in Monroe County. The Board made a presentation to newly elected District One Commissioner Danny L. Kolhage. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Rice granting approval of the following items by unanimous consent: 2012/244 Item F1 Board ratified the purchase of Audio/Visual equipment from Invoice #764653 from AVI SPL for the broadcast equipment that has been installed at the Marathon Government Center. Item F2 Board granted approval of the revised Library Policy Section 3.01.B1. Item F3 Board granted approval and authorized execution of the Florida Department of Children and Families Standard Grant Agreement #KPZ06, Emergency Shelter Grant f/k/a 2011 ESG /Prevention Grant Solicitation #LPZ06 between Monroe County Board of County Commissioners (Community Services /Social Services) and the State of Florida, Department of Children and Families. Item F4 Board granted approval and authorized execution of a Standard Memorandum of Agreement for the usage of Xerox Copier/Printer Grant between Monroe County Board of County Commissioners (Community Services /Social Services) and the Early Learning Coalition of Miami - Dade/Monroe, (ELC). Item F5 Board granted approval to apply for a grant offered by the Alliance for Aging, Inc., Area Agency on Aging for Miami -Dade and Monroe Counties called: Empowering Older Adults Through Internet Access. This grant is being offered by the Alliance via an Invitation to Negotiate. The total amount to negotiate is $150,000. Item F6 Board granted approval and authorized execution of a Lease Agreement between VMD -MT Security LLC and Monroe County for office and storage space at the Key West International Airport. Item F8 Board granted approval to write off old accounts receivable at the Key West International Airport. These write offs are due to Airlines Bankruptcies, some of which go back to 2003. Item F9 Board granted approval and authorized execution of Task Order 12/14 -07 for professional services with Jacobs Project Management Co. for services authorized: New Hangars at MTH (data collection and land use planning only) - PSO #7, the Florida Keys Marathon Airport. Item F10 Board granted approval and authorized execution of Task Order 12/14 -14 for professional services with Jacobs Project Management Co. for services authorized: EYW Baggage Claim Hall Renovation Construction Support - PSO #14. Item F12 Board granted approval of the Employment Agreement and confirmation of Pamela A. Johnson as Executive Assistant to Commissioner Sylvia J. Murphy, District 5. Item F13 Board granted approval of the Employment Agreement and confirmation of Isabel C. DeSantis as Executive Assistant to Commissioner Danny L. Kolhage, District 1. 2012/245 Item F14 Board granted approval of the Benefit Booklet and Summary Plan Document for Covered Plan Participants of the Monroe County BOCC Group Health Plan. Item F15 Board granted approval to enter into a 4 -month lease extension with Seashime II LLC, due to construction delays on the Conch Key Fire Station #17, for Trailer #3 (Raptor) at 2 N Conch Avenue, Conch Key, Florida for the housing of firefighters assigned to Station #17, continuing the same $950.00 /month rate, including utilities, and authorization for the Fire Chief to execute all necessary documents. Item F16 Board granted approval and authorized execution of a Service Agreement with United Medical Industries, Corp. (UMI) for the collection and disposal of biomedical waste generated from emergency medical calls and transports of Monroe County Fire Rescue commending January 1, 2013 and running through December 31, 2013 with two (2) additional one (1) year renewal options, and authorization for the Fire Chief to execute all necessary documents including the agreement. Item F17 Board granted approval and authorized execution of a Contract with C &W Pipeline, Inc. for the Doctor's Arm Culvert Repairs Project located on Big Pine Key. Item F19 Board granted approval and authorized execution of a Second Amendment to Contract with MBI/K2M Architecture, Inc. to continue to Phase II of the Customs & Border Protection Facility Project at the Marathon Airport by preparing the final design, and continuing with a Request for Proposal (RFP) for construction. Item F20 Board adopted the following revised Resolution and accepting a Quit Claim Deed with revised survey from the Florida Department of Transportation for the purpose of constructing ADA accessible parking spaces at the entrance of the Key Largo Animal Shelter; and rescinding the October 17, 2012 action which accepted a similar Resolution and Quit Claim Deed both of which contained a faulty survey. RESOLUTION NO. 336-2012 Said Resolution is incorporated herein by reference. Item F21 Board granted approval of the monthly report on change orders reviewed by the County Administrator's Office. There were no changes orders considered for the period beginning October 1, 2012 and ending October 31, 2012. Item F22 Board granted approval and authorized execution of the 5th Amendment to the Conch Key/Duck Key Interlocal Agreement to add the advance of the sum $3,900,000 for construction of County owned segments of the Duck Key Wastewater Project. Item F23 Board granted approval to award surplus items as described on attached Recap of Bid Opening (Items 4, 8, 16, 17, 18, 21, 23, 24 & 33). Said Recap is incorporated herein by reference. 2012/246 Item F24 Board granted approval and authorized execution of a Lease Agreement with The Utility Board of the City of Key West, Florida, for the Big Pine Key Animal Control Facility. Item F25 Board granted approval and authorized execution of a Grant Agreement from the Florida Department of Environmental Protection (DEP) for the 2012 -2013 Consolidated Small County Solid Waste Management Grant funds in the amount of $70,588.00. Item F26 Board granted approval and authorized execution of a Wastewater Connection Agreement with the City of Marathon for County properties located within the City of Marathon. Item F27 Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and Florida Department of Management Services with respect to connection to City of Marathon's Wastewater System and for the sharing of costs for original connection charges, construction of infrastructure and ongoing maintenance at the State of Florida Monroe Regional Service Center, Florida Fish & Wildlife Repair Shop and Monroe County Government Center. Item F28 Board granted approval and authorized execution of Amendment #1 to License Agreement with Friends of the Key Largo Cultural Center, Inc. for management and operation of a variety of cultural, recreational, and related programs at the Murray E. Nelson Government and Cultural Center. Item F29 Board granted approval and authorized execution of a One Year Residential Lease Agreement with a Sheriffs Deputy for Location B to commence December 1, 2012 and terminate November 30, 2013. Item F30 Board granted approval and authorized execution of the Amendment and Second Renewal with Mowrey Elevator Service, Inc. d/b /a Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County on a month to month basis. Item F31 Board granted approval and authorized execution of a Contract with Haskins Plumbing to replace the main sewer line at the Key West Library, in the amount of $15,400.00. The work will be funded from the Facilities Maintenance budget. Item F32 Board granted approval and authorized execution of a new Management Agreement with the YMCA of Greater Miami, Inc. for management and operation of the Key Largo Community Park and Skate Park. Item F33 Board adopted the following Resolution concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 337-2012 Said Resolution is incorporated herein by reference. 2012/247 Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 338-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 339-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 340-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 341-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 342-2012 Said Resolution is incorporated herein by reference. Amending Resolution No. 259 -2012 (OMB Schedule Item No. 7). RESOLUTION NO. 343-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 344-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 345-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 346-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 347-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 348-2012 Said Resolution is incorporated herein by reference. 2012/248 Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 349-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 350-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 351-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 352-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 353-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 354-2012 • Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 355-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 356-2012 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 357-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 358-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 359-2012 Said Resolution is incorporated herein by reference. 2012/249 Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 360-2012 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 361-2012 Said Resolution is incorporated herein by reference. Item F34 Board granted approval of a General Fund transfer for the Sheriff, to transfer funds for Fiscal Year 2012 between financial distributions in accordance with F.S. Chapter 30.49(2)(a). Item F35 Board granted approval and authorized execution of an Agreement with Southernmost Homeless Assistance League (SHAL) for the period from October 1, 2012 through September 30, 2013 to be funded by the Clerk's Drug Abuse Trust Fund, per Substance Abuse Policy Advisory Board recommendations. Item F36 Board granted approval and authorized execution of an Agreement with Florida Keys Outreach Coalition (FKOC) for the period from October 1, 2012 through September 30, 2013 to be funded by the Clerk's Drug Abuse Trust Fund, per Substance Abuse Policy Advisory Board recommendations. Item F41 Board granted approval and authorized execution of a Memorandum of Understanding with Boys and Girls Club Key West Smart Moves Prevention Program with funds provided under the Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2012 through September 30, 2013. Item F42 Board granted approval and authorized execution of the Certificate of Acceptance of Sub -grant Award for the Boys and Girls Club Key West Smart Moves Prevention Program using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2012 through September 30, 2013. TOURIST DEVELOPMENT COUNCIL Item GI Board granted approval and authorized execution of an Agreement with Key Largo Chamber of Commerce, Inc. covering Bogart Film Festival in May 2013, in an amount not to exceed $50,000, DAC V, FY2013 Event Resources. Item G2 Board granted approval and authorized execution of an Agreement with BW Promotions, Inc. covering Hemingway 5K Sunset Run & Paddleboard Race in July 2013, in an amount not to exceed $10,000, DAC I, FY2013 Event Resources. Item G3 Board granted approval and authorized execution of an Agreement with Mad Dog Mandich Fishing Classic, LLC covering Public Mad Dog Mandich Fishing Classic in October 2013, in an amount not to exceed $10,000, DAC IV, FY2013 Event Resources. 2012/250 Item G4 Board granted approval and authorized execution of an Agreement with Lower Keys Chamber of Commerce, Inc. covering Big Pine & Lower Keys Island Art Festival in December 2013, in an amount not to exceed $15,000, DAC II, FY2013 Event Resources. Item G5 Board granted approval and authorized execution of an Agreement with Florida Keys Community College and the Letters "FKCC" covering FKCC Swim Around Key West, Open Water Swims, and Swim Meets between June and September 2013, in an amount not to exceed $10,000, DAC I, FY2013 Event Resources. Item G6 Board granted approval and authorized execution of an Agreement with Islamorada Chamber of Commerce, Inc. covering Florida Keys Island Fest, 22nd Annual in April 2013, in an amount not to exceed $20,000, DAC IV, FY 2013 Event Resources. Item G7 Board granted approval and authorized execution of an Agreement with Key Largo Baptist Church, Inc. covering Key Largo Bridge Run in November 2013, in an amount not to exceed $20,000, DAC V, FY 2013 Event Resources. Item G8 Board granted approval and authorized execution of an Agreement with Stand Up for Education, Inc. covering Race Around the Rock in April 2013, in an amount not to exceed $10,000, DAC I, FY2013 Event Resources. Item G9 Board granted approval and authorized execution of an Agreement with Super Boat International Productions, Inc. covering Key West World Championship Race in November 2013, in an amount not to exceed $120,000, DAC I, FY2013 Event Resources. Item G10 Board granted approval and authorized execution of an Agreement with Keys Area Interdenominational Resources, Inc. covering Sombrero Beach Run in March 2013, in an amount not to exceed $10,000, DAC III, FY2013 Event Resources. Item G 11 Board granted approval and authorized execution of an Agreement with Greater Marathon Chamber of Commerce, Inc. covering Original Marathon Seafood Festival in March 2013, in an amount not to exceed $50,000, DAC III, FY2013 Event Resources. Item G12 Board granted approval and authorized execution of an Agreement with University of Florida Alumni Association, Inc., Key West Gator Club covering Key West Marathon in October 2013, in an amount not to exceed $27,500 (TDC District I Funding Allocation = $25,000; TDC District III Funding Allocation = $2,500), FY2013 Event Resources. Item G13 Board granted approval and authorized execution of an Agreement with Phil Peterson's Key West Poker Run, LLC covering Phil Peterson's 41st Key West Poker Run in September 2013, in an amount not to exceed $95,000 (District I = $75,000; District II = $10,000; District IV = $10,000 Funding Allocation), FY 2013 Event Resources. 2012/251 Item G14 Board granted approval and authorized execution of an Agreement with Key West Business Guild, Inc. covering Womenfest Key West 2013 in September 2013, in an amount not to exceed $50,000, DAC I, FY2013 Event Resources. Item G15 Board granted approval and authorized execution of an Agreement with Upper Keys Community Pool, Inc. covering Orange Bowl Winter Training and Swim Classic between December 2013 and January 2014, in an amount not to exceed $50,000, DAC V, FY2013 Event Resources. Item G16 Board granted approval and authorized execution of an Agreement with BH/NV Hawk's Cay Property Holdings, LLC d/b /a Hawk's Cay Resort covering Christmas in the Keys Celebration in December 2013, in an amount not to exceed $40,000, DAC III, FY2013 Event Resources. Item G17 Board granted approval and authorized execution of an Agreement with BH/NV Hawk's Cay Property Holdings, LLC d/b /a Hawk's Cay Resort covering Heroes Welcome Tribute Weekend in August and September 2013, in an amount not to exceed $50,000, DAC III, FY2013 Event Resources. Item G18 Board granted approval and authorized execution of an Agreement with New Orleans House of Key West, Inc. covering New Years Eve Shoe Drop on December 31, 2013, in an amount not to exceed $17,000, DAC I, FY2013 Event Resources. Item G19 Board granted approval and authorized execution of an Agreement with Rotary Club of Key Largo Charitable Events, Inc. covering Brew on the Bay in April 2013, in an amount not to exceed $10,000, DAC V, FY2013 Event Resources. Item G20 Board granted approval and authorized execution of an Agreement with Key West Innkeepers Association, Inc. covering Holiday Historic Inn Tour in December 2013, in an amount not to exceed $17,000, DAC I, FY2013 Event Resources. Item G21 Board granted approval and authorized execution of an Agreement with Naval Air Station Key West covering NAS Key West 2013 Southernmost Air Spectacular in March 2013, in an amount not to exceed $60,000 (DAC I = $50,000; DAC II = $10,000), FY2013 Event Resources. Item G22 Board granted approval and authorized execution of an Agreement with Key West Bight Preservation Association, Inc. covering The Key West Bight Before Christmas Holiday Celebration between November and December 2013, in an amount to exceed $10,000, DAC I, FY2013 Event Resources. Item G23 Board granted approval and authorized execution of an Agreement with Sunrise Rotary Foundation of Key West, Inc. covering Key West Brewfest in August/September 2013, in an amount not to exceed $17,000, DAC I, FY2013 Event Resources. 2012/252 Item G24 Board granted approval to advertise a Competitive Solicitation for Visitor Profile Survey Services for the Monroe County Tourist Development Council. Item G25 Board granted approval and authorized execution of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2013, in an amount not to exceed $150,000 (DAC I = $120,000; DAC II = $5,000; DAC III = $10,000; DAC IV = $15,000), FY 2013 Event Resources. Item G26 Board granted approval and authorized execution of an Agreement with Bauer Restaurant, Inc. covering Key West Songwriters Festival May 2013, in an amount not to exceed $100,000, DAC I, FY2013 Event Resources. Item G27 Board granted approval and authorized execution of an Agreement with Prange & O'Hearn, Inc. (d/b /a Insights, Inc.) to amend name of corporation to JDO Insights, Inc. (d/b /a Insights, Inc.) and to make the change retroactive to June 1, 2012 to allow for payment of invoices in new corporation name. Item G28 Board granted approval and authorized execution of an Agreement with Conch Foundation of the Upper Keys, Inc. covering Conch Scramble "on the water" Charity Golf Tournament in September 2013, in an amount not to exceed $20,000, DAC IV, FY2013 Event Resources. Item G29 Board granted approval and authorized execution of an Agreement with Key West Half Marathon LLC for the Key West Half Marathon in January 2013, in an amount not to exceed $35,000, DAC I, FY2013 Event Resources. DIVISION OF GROWTH MANAGEMENT Item L1 Board granted approval of waiver of building permit fees in the amount of $5,051.12 for removal and disposal of; existing tile bathtub surroundings, all drywall or cement board, shower rods, grab bars, and shower valves for 31 affordable housing units at Newport Village in Key Largo owned by the Monroe County Housing Authority. Item L2 Board granted approval to refund permit fees already paid prior to requesting a fee waiver in the amount of $5,051.12 for removal and disposal of existing tile bathtub surroundings, all drywall or cement board, shower rods, grab bars, and shower valves for 31 affordable housing units at Newport Village in Key Largo owned by the Monroe County Housing Authority. Item L3 Board adopted the following Resolution authorizing the Planning & Environmental Resources Director to extend the period of expiration for ROGO/NROGO allocations for two years from written notice, to allow the County to review impacts to federally listed species consistent with Ordinance 015 -2012 under the Permit Referral Process and Ordinance 024 -2012 requiring proposed development to meet the current Florida Building Code, consistent with HB503 which authorized building permit extensions for two years. 2012/253 RESOLUTION NO. 362-2012 Said Resolution is incorporated herein by reference. MONROE COUNTY HEALTH DEPARTMENT Item M1 Board granted approval and authorized execution of a Contract between Monroe County Board of County Commissioners and the State of Florida, Department of Health for operation of the Monroe County Health Department - contract year 2012 -2013. COMMISSIONERS' ITEMS Item N1 Board granted approval of Commissioner Murphy's reappointment of Ron Miller and Jerry Gaddis to the Affordable Housing Advisory Committee, terms will expire in November 2016, with the term of Commissioner Murphy. Item N2 Board granted approval of Commissioner Murphy's appointment of Nancy Perez Miller to the Art in Public Places Committee, term will expire in November 2016, with the term of Commissioner Murphy. Ms. Perez Miller will replace Donna Bosold whose term expired 11/1/2012. Item N3 Board granted approval of Commissioner Murphy's reappointment of Bob Johnson to the Human Services Advisory Board, term to expire in November 2014. Item N4 Board granted approval of Commissioner Murphy's reappointment of Maria Richardson to the Library Advisory Board, term to expire in November 2016, with the term of Commissioner Murphy. Item N5 Board granted approval of Commissioner Kolhage's appointment of Stephanie Griffiths to the Library Advisory Board, term expiring November 20, 2016. Ms. Griffiths will replace Karen Riggs who passed away. Item N6 Board granted approval of Commissioner Kolhage's reappointment of Nance Frank to the Art in Public Places Committee, term expiring November 1, 2016. Item N7 Board granted approval of Commissioner Kolhage's appointment of Michael Ingram to the Human Services Advisory Board, term expiring November 20, 2014. Mr. Ingram will replace Alexsandra Leto whose term expired on 7/17/12. Item N8 Board granted approval of Commissioner Kolhage's appointment of former Commissioner Kim Wigington to serve as an additional member on the Environmental Impact Study Community Oversight Committee. Item N9 Board granted approval of Commissioner Carruthers reappointment of Steve Torrence to the Monroe County Human Services Advisory Board by the Monroe County Board of County Commissioners, with a term expiring November 2014. 2012/254 Item N10 Board granted approval of Commissioner Carruthers reappointment of Elizabeth Lustberg to the Monroe County Planning Commission, with a term expiring November 2016. Item N11 Board granted approval of Commissioner Carruthers reappointment of Warren Leamard to the Monroe County Affordable Housing Committee, with a term expiring November 2016. COUNTY CLERK Item 02 Board granted official approval of the Board of County Commissioners minutes from the September 5, 10 & 13, 2012 Special Meetings and September 21, 2012 Regular Meeting (previously distributed). Item 03 Board granted approval of the following Warrants: (107190- 107226 & 580794- 581885): General Fund (001), in the amount of $3,575,832.62; Fine & Forfeiture Fund (101), in the amount of $6,965,316.93; Road and Bridge Fund (102), in the amount of $79,870.82; TDC District Two Penny (115), in the amount of $322,368.38; TDC Admin. & Promo 2 Cent (116), in the amount of $1,213,182.82; TDC District 1,3 Cent (117), in the amount of $264,956.71; TDC District 2,3 Cent (118), in the amount of $45,410.06; TDC District 3,3 Cent (119), in the amount of $26,311.47; TDC District 4,3 Cent (120), in the amount of $40,644.56; TDC District 5,3 Cent (121), in the amount of $67,771.88; Gov. Fund Type Grants (125), in the amount of $643,706.78; Impact Fees Roadways (130), in the amount of $2,048.00; Impact Fees Fire & EMS (135), in the amount of $26,255.00; Fire & Amb District 1 L &M Keys (141), in the amount of $160,070.04; Upper Keys Health Care (144), in the amount of $633.65; Uninc Svc Dist Parks & Rec (147), in the amount of $60,605.44; Plan, Build, Zoning (148), in the amount of $153,078.59; Municipal Policing (149), in the amount of $1,334,234.61; 911 Enhancement Fee (150), in the amount of $77,943.96; Duck Key Security (152), in the amount of $3,840.00; Boating Improvement Fund (157), in the amount of $14,113.48; Misc. Special Revenue Fund (158), in the amount of $43,548.06; Environmental Restoration (160), in the amount of $491.75; Law Enforcement Trust (162), in the amount of $4,000.00; Court Facilities Fees -602 (163), in the amount of $1,082.21; Cudjoe - Sugarloaf MSTU (172), in the amount of $27,000.00; Building Fund (180), in the amount of $4,034.73; 1 Cent Infra Surtax (304), in the amount of $121,387.10; INFR Sle Srtx Rev Bds2007 (308), in the amount of $1,703,465.77; Card Sound Bridge (401), in the amount of $6,842.37; Marathon Airport (403), in the amount of $136,138.25; Key West Intl. Airport (404), in the amount of $273,370.42; KW AIP Series 2006 Bonds (405), in the amount of $19,066.81; MSD Solid Waste (414), in the amount of $1,758,272.21; Worker's Compensation (501), in the amount of $36,837.17; Group Insurance Fund (502), in the amount of $460,694.70; Risk Management Fund (503), in the amount of $157,303.52; Fleet Management Fund (504), in the amount of $118,459.27; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,325.00. Item 04 Board granted approval of Tourist Development Council Expenditures for the month of October 2012: Advertising, in the amount of $1,019,181.33; Bricks & Mortar Projects/Interlocal, in the amount of $210,546.38; Visitor Information Services, in the amount 2012/255 $75,549.33; Events, in the amount of $54,706.45; Office Supplies & Oper Costs, in the amount of $10,235.16; Personal Services, in the amount of $239,609.69; Public Relations, in the amount of $153,520.42; Sales & Marketing, in the amount of $162,052.76; Telephone & Utilities, in the amount of $21,524.60; Travel, in the amount of $22,539.76. Item 05 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. Item 06 Board granted approval to dispose of documents pursuant to the State of Florida General Records Schedule, GS1 -SL. COUNTY ATTORNEY Item Q2 Board adopted the following Resolution establishing additional rules for the use of Bay Drive, Sunset Point and Bay Harbor subdivision, Key Largo, FL. (The agenda was reopened later in the meeting and the item was tabled to the February meeting). Motion carried unanimously. MISCELLANEOUS Bob Shillinger, County Attorney announced that staff would request that Item R1, Public Hearing at 3:00 p.m., be continued to January. 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 Mayor George Neugent, Commissioner David P. Rice, Councilwoman Kate Scott and Councilman Clark Snow. Item Jl Chief James Callahan advised the Board that next month he will be bringing a Request for Proposal to hire a person or firm to review our billing process with regard to ground and air transports. Item J2 Motion was made by Commissioner Rice and seconded by Councilman Snow granting approval and authorizing execution of a 3 -Year Lease Agreement with Zane Grey Development Co. for Unit #10 at 68250 Overseas Highway, Layton, Florida, for the housing of firefighters assigned to Layton/Long Key Fire Station #18, continuing at same $2,300.00 /month rate, including utilities, and authorization for Fire Chief to execute all necessary documents. Motion carried unanimously. Item J3 Motion was made by Commissioner Rice and seconded by Councilman Snow granting approval and authorizing execution of a Service Agreement with United Medical Industries, Corp. (UMI) for the collection and disposal of biomedical waste generated from 2012/256 emergency medical calls and transports of Monroe County Fire Rescue commencing January 1, 2013 and running through December 31, 2013 with two (2) additional one (1) year renewal options, and authorization for the Fire Chief to execute all necessary documents including the agreement. Motion carried unanimously. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. The Board of County Commissioners meeting reconvened with all commissioners present. MISCELLANEOUS BULK APPROVALS Item F7 Peter Horton, Director of Airport addressed the Board concerning approval to award bid to D.L. Porter Constructors, Inc. for Baggage Claim Hall Renovation (Arrival Area) at the Key West International Airport and for the Mayor to sign the construction contract upon legal review and approval. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item F 11 Peter Horton, Director of Airport addressed the Board concerning approval to establish the new position of Airport Security Coordinator (ASC) at the Key West International Airport, as recommended by the TSA (Transportation Security Administration). After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item F18 Kevin Wilson, P.E., Senior Director of Engineering addressed Board concerning approval of Amendment 3 to the Agreement for Design and Permitting Services for Emergency Repairs to the No Name Bridge to increase the contract amount by $7,776.00. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. Item F37 Lisa Tennyson, Grants Management addressed the Board concerning approval of the ratification of grant adjustment submission to FDLE JAG sub -grant to account for unexpended funds of $2.51, and approval to authorize the Grants Administrator to process routine grant adjustments to FDLE grants. Motion was made by Commissioner Murphy and seconded by Commissioner Rice that the Substance Abuse Policy Advisory Board will be notified of any significant changes to these grants. Motion carried unanimously. COUNTY ATTORNEY Item Q2 Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to reopen the agenda to hold this item until later in the day (item was originally bulked). Motion carried unanimously. 2012/257 MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following five items due to a conflict of interest: Item F38 Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval and authorizing execution of an Agreement with Guidance Care Center for the Jail In -House Program for the period from October 1, 2012 through September 30, 2013 for $118,726. Motion carried unanimously, with Commissioner Rice abstaining. Item F39 Board discussed approval of an Agreement with Guidance Care Center for local match funding for Substance Abuse and Mental Health Services for the period from October 1, 2012 through September 30, 2013. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval and authorizing execution of the item. Roll call vote was as follows: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Rice Abstained Mayor Neugent Yes Motion carried, with Commissioner Rice abstaining. Item F40 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of an Agreement with Guidance Care Center for Baker Act Transportation Services and Transportation Disadvantaged Program grant match for the period from October 1, 2012 through September 30, 2012. Motion carried unanimously, with Commissioner Rice abstaining. Item F43 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of a Memorandum of Understanding with Guidance /Care Center Female Jail In -House Program, for the period from October 1, 2012 through September 30, 2013. Motion carried unanimously, with Commissioner Rice abstaining. Item F44 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of the Certificate of Acceptance of Sub -grant Award for the Guidance /Care Center Female Jail In -House Program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2012 through September 30, 2013. Motion carried unanimously, with Commissioner Rice abstaining. Item F45 Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval to accept a title policy containing an exception and to proceed with the purchase of land received by Dr. Fred R. Burrin in the road abandonment, including the 2012/258 conveyance of a 6 inch strip of land to Dr. Burrin. This is the last portion of land needed for the building of the Stock Island Fire Station. This portion of land will be used as parking area and no building will be constructed on it. Motion carried unanimously. Item F46 Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval and authorizing execution of an Agreement with Comcast for internet service for the Duck Key Security System Installation and Maintenance. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Item G30 Announcement of one vacant position on the Tourist Development Council District III Advisory Committee for one "At Large" appointment. The position is being advertised due to the resignation of Melanie Elder. STAFF REPORTS Item H7 Kevin Wilson, Senior Director of Engineering addressed the Board concerning the following: Funding questions about No Name Key Bridge; Capital Projects list is being put together since the infrastructure sales tax has been approved; A contract will be brought before the Board in December for the analysis of county spaces and buildings; and, Received the RFQ responses for the paving analysis and expects a contract on the January agenda. Townsley Schwab, Senior Director of Planning & Environmental Resources discussed the CommuniKeys Plan. Mr. Wilson also addressed the Board concerning: Cudjoe Sewer Projects; and, gave an update on the state grants; Advised that the Stock Island Fire Station permits are being issued; and, Updated the Board on ADA construction projects. MISCELLANEOUS ITEM Mayor Neugent introduced, our District Congressional Leader, Congressman Joe Garcia. Congressman Garcia addressed the Board. COUNTY ADMINISTRATOR Item P2 Connie Cyr, Aide to the County Administrator addressed the Board concerning the Board of County Commissioners monthly meeting dates for 2013. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to hold the monthly meetings the third Wednesday of each month, except for December which will be held on the second Wednesday of the month. Motion carried unanimously. Said meeting dates are attached hereto. Item P3 Roman Gastesi, County Administrator addressed the Board concerning approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the On Call Professional { 2012/259 engineering Services Contract to develop Phase 2 of a County Wide Canal Improvements Master Plan. The project will be funded by Water Quality Protection Program funds provided by the U.S. Environmental Protection Agency (EPA). After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. Item P1 Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for October 2012. Mr. Gastesi discussed a Special Meeting to be scheduled in December on the Restore Act. The Board took no action on the meeting date until later in the day. Item P4 Roman Gastesi, County Administrator; Townsley Schwab, Senior Director of Planning & Environmental Resources; and Michael Roberts, Senior Administrator of Environmental Resources addressed the Board concerning a Resolution to accept the Southeast Florida Regional Climate Action Plan (RCAP) providing actionable recommendations in support of regionally coordinated strategies and efforts in the areas of climate change mitigation and adaptation planning, and community resilience and authorize the County Administrator to implement the Southeast Florida Regional Climate Action Plan to the extent possible with current resources and to seek grants and partnerships to assist in further implementation. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 363-2012 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Item Q2 Tamara Green, representing Sunset Point Subdivision addressed the Board concerning approval of a Resolution establishing additional rules for the use of Bay Drive, Sunset Point and Bay Harbor Subdivision, Key Largo, FL. Bob Shillinger, County Attorney addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to table the item to the February meeting. Roll call vote carried unanimously. COUNTY ADMINISTRATOR Item P5 Chief James Callahan addressed the Board concerning approval to grant Monday, December 24, 2012 and Monday, December 31, 2012 as a Holiday for County Employees (clarified later in day as a day off with pay). After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Rice Yes 2012/260 Mayor Neugent Yes Motion carried. COUNTY ATTORNEY Item Q1 Bob Shillinger, County Attorney addressed the Board concerning a proposed Settlement Offer from Bart Smith who represents two of the property owners on No Name Key. Mr. Shillinger read the required language into the record and requested an Attorney- Client Closed Session be held at the regularly scheduled meeting in December for all four of the No Name Key matters that are pending litigation in the matter of Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No.: CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al., Case No.: 3D12 -333, Lower Tribunal Case No.: CA -K -11 -342; Reynolds v. Utility Bd of the City of KW, dba Keys Energy Services, PSC Docket No.: 120054 -EM; An Administrative Appeal by James D. Newton re: Property at 2047 Bahia Shores Road, No Name Key, Planning Dept. File No.: 2012 -096. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to hold the Closed Session on December 12, 2012, at 2:00 p.m. Motion carried unanimously. Ron Miller and Alicia Putney, representing Solar Community of No Name Key addressed the Board. Mr. Shillinger advised the Board that the Mclnyre case, from the 1980s, just came off the list of active cases. Mr. Shillinger advised the Board that the employee hearings on the discipline on the iPad, iPod matter has been finished. He also advised that there will be some policy issues coming before the Board over the next few months. Mr. Shillinger announced that his office has done new Commissioner training in the past when a new Commissioner has joined the dais. The Board requested that the County Attorney's Office work with the State Attorney's Office to develop some basic ethics training for all county employees, including a refresher course that happens annually. The Board discussed reviewing the Policies and Procedures for all employees who deal with either equipment or cash. Mr. Shillinger advised that he will have discussion with Ms. Heavilin and Mr. Gastesi and that they will come back with some recommendations and some proposals. PUBLIC WORKS Item K1 Kevin Wilson, Senior Director of Engineering introduced Adam Scott the new YMCA manager for Key Largo Community Park and Peyton Tune, Executive Director of the YMCA of Greater Miami. Mr. Tune made a power point presentation of the YMCA plans for the programs at the park during FY2012 -2013. 2012/261 COUNTY ATTORNEY Item Q3 Bob Shillinger, County Attorney read the required language into the record concerning the approval of the request to hold an Attorney - Client Session in the matter of Monroe County Board of County Commissioners vs. Gonzalez Architects, et al, Case No. 07- CA -1428K at the December 12, 2012 BOCC meeting in Marathon, FL. Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item Q4 Bob Shillinger, County Attorney read the required language into the record concerning the approval of the request to hold an Attorney - Client Session in the matter of The Morganti Group, Inc. vs. Monroe County, Case No. 2011 -CA -892 -K at the December 12, 2012 BOCC meeting in Marathon, FL. Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item Q5 Board discussed approval to advertise a Public Hearing to consider adoption of an Ordinance amending Monroe County Code Section 26 -1, to reinsert the definition for "Commercial Lobster Season" that was inadvertently omitted upon adoption of Ordinance 002 -2011 on January 19, 2011; amending Section 26 -96 adding language to provide for enforcement of this Section in incorporated and unincorporated Monroe County to the extent that no conflict exists with a municipal Ordinance; and deleting Section 26 -98(c) to remove the sunset date of 8/31/2012 to continue the prohibition against diving or snorkeling in any manmade water body or marina, or within 300 feet of an improved residential or commercial shoreline, beginning three (3) days prior to the opening of and during the entirety of the lobster mini season and for the first five (5) days of commercial lobster season. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Item Q6 Board discussed approval of recommendation of selection committee, recommending selection of group of firms represented by Campbell & Malafy to serve as outside counsel representing Monroe County in its claim for revenue losses in the BP oil spill claims process; authorization for the County Administrator to sign agreement for legal services and all other necessary documentation in order to retain the firm(s) on a contingency fee basis as outlined in their proposal; and authorization to proceed with filing all claims and lawsuits necessary to protect the County's interest. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the item with the added language of: a final decision to file suit would be subject to the sole discretion of the County Commission. Motion carried unanimously. COUNTY ADMINISTRATOR Item P1 Roman Gastesi, County Administrator discussed with the Board his meeting with the consultant concerning solid waste collection. Tina Boan, Director Budget & Finance, addressed the Board. 2012/262 Mr. Gastesi discussed with the Board future projects that can be done with the passing of the Infrastructure Sales Tax. Board discussed the scheduling of the Workshop for the Restore Act on December 11, 2012 or December 13, 2012. PUBLIC HEARINGS Item R1 A Public Hearing to consider adoption of an Ordinance amending Section 17 -2 and Section 25 -35, and creating Section 17 -6, of the Monroe County Code to further clarify prohibitions and enforcement regarding the parking and storage of vehicles and watercraft and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads and right -of -way, on private property and in residential districts throughout Monroe County. Motion was made by Commissioner Rice and seconded by Commissioner Murphy to continue the item to the January 2013 meeting. Motion carried unanimously. Item R2 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 6 Buildings and Construction to provide for a period of two years to obtain building permits for owners of parcels previously on the FEMA Injunction List with allocations or building permits which were "tolled" according to Resolutions 420 -2005, 166 -2006, 185 -2007, 219 -2008 and 282 -2011, at the time of lifting of the FEMA Injunction; requiring owners of parcels with allocations to obtain their building permits within 2 years and requiring owners of parcels with building permits which were tolled at the time of lifting of the FEMA Injunction to commence or recommence development within two years from written notice by county, consistent with HB503 which authorized building permit extensions for two years. Townsley Schwab, Senior Director of Planning & Environmental Resources addressed the Board. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 038-2012 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR Item P5 Board clarified that the approval to grant Monday, December 24, 2012 and Monday, December 31, 2012 as a Holiday for County Employees is actually a day off with pay. Item P1 The Board will hold the Restore Act Workshop on December 11, 2012, in Marathon, at 1 p.m. 2012/263 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, Clerk Ad Interim and ex- officio Clerk Ad Interim to the Board of County Commissioners Monroe County, Florida Pamela G. Hancock, D.C. • 2012/264 MEMORANDUM TO: Mayor and Commissioners Division Directors County Attorney Department Heads Clerk of Court Land Authority Sheriff Department Housing Authority Tax Collector TDC FROM: Connie Cyr Aide to the County Administrator SUBJECT: 2013 BOCC Meeting Dates DATE: November 20, 2012 MEETING DATES *AGENDA DEADLINE LOCATION 1/16/13 — 1/17/13 1/2/13 Harvey Government Center 2/20/13 - 2/21/13 2/5/13 Nelson Government Center 3/20/13 - 3/21/13 3/5/13 Marathon Government Center 4/17/13 - 4/1/13 4/2/13 Harvey Government Center 5/15/13- 5/16/13 4/30/13 Nelson Government Center 6/19/13 - 6/20/13 6/4/13 Marathon Government Center 7/17/13 - 7/18/13 7/2/13 Harvey Government Center 8/21/13 - 8/22/13 8/6/13 Nelson Government Center 9/18/13 - 9/19/13 9/3/13 Marathon Government Center 10/16/13 - 10/17/13 10/1/13 Harvey Government Center 11/20/13 - 11/21/13 11/5/13 Nelson Government Center 12/11/13 - 12/12/13 11/25/13 Marathon Government Center All meetings in all areas begin at 9:00 a.m. Murray E. Nelson Gov't Center Marathon Gov't Center Harvey Gov't Center 102050 Overseas Highway 2798 Overseas Highway 1200 Truman Ave. Key Largo Mile Marker 50 Key West Mile Marker 102 approved at the November 20, 2012 BOCC meeting.