07/16/2008 Regular
142
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 16, 2008
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy,
Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario
DiGennaro. Also present at the meeting were Roman Gastesi, County Administrator;
Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney;
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of
the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner McCoy and seconded by Commissioner
Murphy granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 30 years of service to Monroe County
to Jacob Humbert, Carpenter, Facilities Maintenance, Public Works Division.
Presentation of Years of Service Award for 10 years of service to Anne Layton
Rice, Library Administrator, Community Services Division.
Presentation of Government Finance Officers Association (GFOA) award to
Monroe County's Office of Management and Budget.
Presentation of Mayor's Proclamation proclaiming July 16, 2008 as official launch
of County participation in NACo "Change the World, Start with Energy Star Campaign,
and Drive Smarter Challenge".
BULK APPOV ALS
Motion was made by Spehar and seconded by Commissioner MurphyO granting
approval ofthe following items by unanimous consent:
Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 191-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 192-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 167-2008 (OMB Scheduled Item No.3).
RESOLUTION NO. 193-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 194-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 195-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 196-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 197-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 162-2008 (OMB Schedule Item No.8).
RESOLUTION NO. 198-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 199-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 200-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 201-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
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144
* Revision
RESOLUTION NO. 202-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 203-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 204-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 205-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 206-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 207-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 208-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 209-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 210-2008
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment
for these funds: Marathon MSTU Fund 166, Debt Service Fund 207, One Cent
Infrastructure Sales Tax Fund 304, 2003 Revenue Bonds Fund 307, and Duck Key
Wastewater Fund 311.
Board granted approval of the recommendations of the Substance Abuse Policy
Advisory Board concerning the uses of the Edward Byrne Memorial Justice Assistance
Grant (JAG) funds, authorized the County Administrator to execute the Fiscal Year 2009
JAG Application; and adopted the following Resolution:.
RESOLUTION NO. 210a-2008
Said Resolution is incorporated herein by reference.
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Board granted authorization for the Mayor to execute the Edward Byrne
Memorial Justice Assistance Grant Certificate of Participation with the Florida
Department of Law Enforcement for Fiscal Year 2009 (October 1,2008 through
September 30, 2009), whereby Monroe County agrees to act as the coordinating unit of
government for this grant.
Board granted approval to apply for Residential Substance Abuse Treatment
Grant and for the Mayor, Chief Financial Officer, and Grants Administrator to sign the
application and related certifications and attachments, and complete the grant application
on-line at the Florida Department of Law Enforcement web site.
Board granted approval to request proposals for FEMA Public Assistance
Consulting Services.
Board granted approval to accept proposal from Ace Property and Casualty
Insurance Company through Arthur J. Gallagher for Airport Liability Insurance.
Board granted approval to accept proposal from Darwin National Insurance
Company through Gehring Group for Airport Public Officials Liability and Employment
Practices Liability Insurance.
Board granted approval of Opposing Counsel Attorney's Fees for Worker's
Compensation File No. 0301300-KK in the amount of$30,405.10.
Board adopted the following Resolution approving the tentative Residential Solid
Waste Collection, Disposal and Recycling Rates for the Fiscal Year 2008-2009.
RESOLUTION NO. 211-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the tentative per month Solid
Waste Collection, Disposal, and Recycling Service Rates for Commercial Property in the
various Solid Waste Collection Franchise Areas for Fiscal Year 2009.
RESOLUTION NO. 212-2008
Said Resolution is incorporated herein by reference.
Board granted approval of accepting a restricted donation in the amount of
$3,650.00 from the Florida Keys SPCA, Inc. for the purpose of repairing and adding
fence at the Higgs Beach Dog Park, and adopted the following Resolution concerning the
Receipt of Unanticipated Funds for same.
RESOLUTION NO. 213-2008
Said Resolution is incorporated herein by reference.
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Board granted approval to renew and authorized execution of a Renewal
Agreement between Monroe County and Weathertrol Maintenance Corp. for central air
conditioning maintenance and repair for the Lower Facilities.
Board granted approval to award bid and authorized execution of a Contract
between Monroe County and Weathertrol Maintenance Corp. for a full maintenance
program for the two centrifugal chillers at Jackson Square.
Board granted approval and authorized execution of a Lease Extension
Agreement between Monroe County and Keys Woodworker, Inc. for lease of premises
located at the Florida Keys Marathon Airport for use as a public parking lot for an
additional five year term, commencing June II, 2008 and ending June 10,2013.
Board granted approval of assigrunent of the Cristal Clear FBO, LLC lease at the
Florida Keys Marathon Airport to Coast FBO, Inc.
Board granted approval to enter into a Federally Funded Subgrant Agreement
between Monroe County and the State of Florida Division of Emergency Management
for the Florida Keys Marathon Airport Terminal Wind Retrofit Project.
Board granted approval and authorized execution of a two-year Lease Agreement
between Monroe County and the Utility Board of the City of Key West to use the
decommissioned Big Pine Peaker generating site for animal control services.
Board granted approval, acting as Plan Administrator of the Length of Service
Award Plan (LOSAP), to begin 10-year disbursement of funds to one eligible participant,
Thomas P. Cullen, Jr. with a monthly benefit of$165.00 commencing August 1,2008.
Board granted approval and authorized execution of a Contract between Monroe
County and Stephen Frink Photographic, Inc. for Art in Public Places at the Murray E.
Nelson Government & Cultural Center.
Board granted approval and authorized execution of a Contract between Monroe
County and John David Hawver Gallery for Art in Public Places at the Murray E. Nelson
Govermnent & Cultural Center.
Board granted approval and authorized execution of a Contract between Monroe
County and Xavier Cortada for Art in Public Places at the Murray E. Nelson Government
& Cultural Center.
Board granted approval and authorized execution of a Contract between Monroe
County and Alan S. Maltz Gallery for Art in Public Places at the Murray E. Nelson
Government & Cultural Center.
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Board granted approval and authorized execution of a Contract between Monroe
County and Roberta Cris Sandifer for Art in Public Places at the Murray E. Nelson
Government & Cultural Center.
Board granted approval and authorized execution of Amendment No.2 to the
Local Government Agreement between Monroe County and South Florida Water
Management District to provide $500,000 funding for stormwater management projects.
Board granted approval and authorized execution of a Grant of Easement to the
Florida Keys Aqueduct Authority (FKAA) to construct, reconstruct, lay, install, maintain,
relocate, repair, replace improve, remove, and inspect water distribution facilities and
have the right to ingress and egress to the Medical Examiner's Facility.
Board granted approval of Purchase Order for payment, to the extent of the
insurance proceeds, of the insurance eligible costs of demolition and reconstruction of the
collapsed ramp at the Key West International Airport.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to rescind Agreement between Monroe County and Judy
Bobick d/b/a Ace Building Maintenance, to provide janitorial services for the TDC
Administrative Office at 1201 White Street, Suite 102, Key West.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Middle Keys Events Council, Inc. to revise scope of
services for the Marathon SBI Offshore Grand Prix on May 15-18, 2008.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the request for Expenditures from the Law
Enforcement Trust Fund, as follows:
$5,000 - FKCC - Russell Sullivan Scholarship - to continue the educational
scholarships for Monroe County law enforcement employees.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner McCoy's District 3 appointment of
Jedde V. Regante to the newly formed Board, Monroe County Green Building Code Task
Force.
Board granted approval of Commissioner Spehar's District I appointment of
Robert L. Drolet to the Green Building Code Task Force Committee by the Board of
County Commissioners of Monroe County.
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Board granted approval of Commissioner Spehar's District I appointment of
Glenn Stevenson to the Green Building Code Task Force Committee by the Board of
County Commissioners of Monroe County.
Board granted approval of Commissioner Spehar's District I re-appointment of
Alexsandra Leto to the Human Services Advisory Board by the Board of County
Commissioners of Monroe County.
Board adopted the following Resolution in opposition to the privatization of
Alligator Alley; opposing any State or Federal Legislation or Administrative Action that
would have the effect of privatizing Alligator Alley; opposing foreign investors
purchasing any portion of Alligator Alley; opposing any privatization agreement that
pertains to Alligator Alley; supporting the requirement that any hearings in consideration
of privatization of Alligator Alley be held in Broward, Collier and Monroe Counties; and
supporting the requirement that a portion of the revenues generated from tolls continue to
be funneled back into Broward and Collier Counties for projects within each County.
RESOLUTION NO. 214-2008
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's District 2 appointment of
Michael Welber to the Green Building Code Task Force with a term expiring July 15,
2009.
Board granted approval of Commissioner Neugent's District 2 appointment of
David Tuttle to the Green Building Code Task Force with a term expiring July 15, 2009.
Board granted approval of Commissioner Neugent's District 2 re-appointment of
Rite Irwin to the Tourist Development Council term expiring August 17,2012.
Board adopted the following Resolution honoring the visit of Mayor Mori of
Kagoshima, Japan, Sister City of the City of Miami, Florida, to Monroe County/Key
West.
RESOLUTION NO. 215-2008
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval ofthe Board of County Commissioners minutes
from the Regular BOCC meeting of May 21,2008 and Special meeting of May 23,2008
(previously distributed).
Board granted approval of the following Warrants (103679-103784 & 529915-
530758): General Fund (001), in the amount of$1,382,535.77; Fine & Forfeiture Fund
(101), in the amount of$86,188.08; Road and Bridge Fund (102), in the amount of
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$337,910.40; TOC District Two Penny (115), in the amount of$193,745.64; TOC
Admin. & Promo 2 Cent (116), in the amount of $422,063.97; TOC District 1,3 Cent
(117), in the amount of$22,583.60; TOC District 2,3 Cent (118), in the amount of
$28,868.26; TOC District 3,3 Cent (119), in the amount of$35,934.19; TOC District
4,3 Cent (120), in the amount of$708.33; TOC District 5,3 Cent (121), in the amount of
$41,109.31; Gov. Fund Type Grants (125), in the amount of$102,768.87; Fire & Amb
Dist 1 L&M Keys (141), in the amount of$75,149.74; Upper Keys Health Care (144),
in the amount of$I,855.89; Uninc Svc Dist Parks & Rec (147), in the amount of
$14,604.56; Plan, Build, Zoning (148), in the amount of$30,863.59; Municipal
Policing (149), in the amount of$367,178.93; Ouck Key Security (152), in the amount
of$4,014.74; Local Housing Assistance (153), in the amount of$515,720.65; Boating
Improvement Fund (157), in the amount of$31,411.64; Misc. Special Revenue Fund
(158), in the amount of $33,493.47; Environmental Restoration (160), in the amount of
$1,865.16; Law Enforcement Trust (162), in the amount of$5,750.00; Marathon
Municipal Service (166), in the amount of$188,114.34; Bay Point Wstewtr MSTU
(168), in the amount of$45,541.37; Big Coppitt Wastewater MSTU (169), in the
amount of$18,626.36; Key Largo Wastewater MSTU (170), in the amount of$122.93;
Stock Island Wastewater (171), in the amount of $34.31; Cudjoe-Sugarloaf MSTU
(172), in the amount of$42.97; Building Fund (180), in the amount of$16,353.29; 1
Cent Infra Surtax (304), in the amount of $222,409.03; 2003 Revenue Bonds (307), in
the amount of $376,903.94; Infra Sls Srtx Rev Bds 2007 (308), in the amount of
$767,642.02; Card Sound Bridge (401), in the amount of$8,081.87; Marathon
Airport (403), in the amount of $79,030. 16; Key West Inti. Airport (404), in the
amount of$841,786.00; KW AlP Series 2006 Bonds (405), in the amount of
$1,797,196.05; MSO Solid Waste (414), in the amount of$I,120,858.37; Worker's
Compensation (501), in the amount of$23,660.57; Group Insurance Fund (502), in
the amount of $272,422.94; Risk Management Fund (503), in the amount of
$560,800.46; Fleet Management Fund (504), in the amount of$130,323.96;
Fire&EMS LOSAP Trust Fund (610), in the amount M$I,035.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of June, 2008: Advertising, in the amount of$508,293.82;
Bricks & Mortar/Projects, in the amount of $26,378.22; Events, in the amount of
$27,990.35; Office Supplies & Operating Costs, in the amount of$24,599.76; Public
Relations, in the amount of$78,715.71; Sales & Marketing, in the amount of$55,241.12;
Telephone & Utilities, in the amount of$15,220.30; Travel, in the amount of$8,574.02.
COUNTY ADMINISTRATOR
Board granted approval of a request from the Marathon Runners Club, Inc. for the
running ofthe 28th Annual 7-Mile Bridge Run on Saturday, April 25, 2009 from 6:45
a.m. to 9:00 a.m.
Board granted approval of a request from Pirates on the Water - Parrot Heads of
the Upper Keys for the running of Parrot Heads ofthe Upper Keys Jewfish Creek Bridge
Run on Saturday, November 14,2009.
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COUNTY ATTORNEY
Board granted approval of Quit Claim Deed between Monroe County and the
Utility Board of the City of Key West, Florida, a utility board created by Special Act of
the Florida Legislature to wit: All of Government Lot 9 of Section 20, Township 66
South, Range 28 East, on Cudjoe Key, Monroe County, Florida, lying West ofthe
Westerly right-of-way line of Blimp Road, a 100 foot wide public right-of-way.
Board granted approval to negotiate an Interlocal Agreement with the Monroe
County Sheriff's Office (MCSO). MCSO will handle the responsibility for contracting,
funding and erection of a new communications tower to be located on County owned
land adjacent to the Marathon Courthouse. Replacement cost will be at no cost to the
County.
Board adopted the following Resolution extending the default date for the SHIP
mortgage issued to Woods Comer.
RESOLUTION NO. 216-2008
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
A presentation was made by Senator Larcenia Bullard on her 2008 Post-Session
Overview.
MISCELLANEOUS
Mayor DiGennaro recognized Randy Acevedo, Monroe County School Board
Superintendent to congratulate all concerned for Monroe County's Schools having the
highest GPA in the State of Florida.
COMMISSIONERS' ITEMS
The Board discussed a Resolution supporting the efforts of Governor Charlie
Crist and the South Florida Water Management District to acquire land South of Lake
Okeechobee for the protection and restoration of America's Everglades and Florida's
Coastal Estuaries. The following individual addressed the Board: Cecilia Weaver,
representing the South Florida Water Management District. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the
following. Motion carried unanimously.
RESOLUTION NO. 217-2008
Said Resolution is incorporated herein by reference.
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Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed the waiving of landing fees for USAir, for flights to
Charlotte, NC, for one year, commencing on October 15, 2008. Peter Horton, Monroe
County Airports Director discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
The Board discussed the award of bid and execution of a Contract between
Monroe County and U.S. Water Services Corporation for operation and maintenance of
the wastewater treatment plant at the Marathon Govermnent Center. The following
individual addressed the Board: Jeff Sharp, representing Pinewood Wastewater Services,
Inc. Dent Pierce, Public Works Director discussed the matter. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Neugent granting
approval ofthe item. Motion carried unanimously.
The Board discussed advertising a Request for Proposal (RFP) for various single
family modular units for housing families and/or build out sheltering units for both short
and long term temporary housing after a catastrophic event. Debbie Frederick, Assistant
County Administrator discussed the matter. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
The Board discussed rescinding a Grant of Easement previously approved and
approving a revised version of Grant of Easement to Comcast of
CalifornialColorado/FloridalOregon, Inc., on the Islander Village workforce housing
development property to permit the installation, operation, and maintenance of a
broadband communications system. The following individual addressed the Board:
Diane Beruldson. Lisa Tennyson, Affordable Housing Coordinator and Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
The Board discussed a Resolution to waive the existing requirements that each
grant and contract amendment be individually approved by the Board of County
Commissioners when the award or cost does not exceed $25,000. The following
individuals addressed the Board: Christine Russell and Diane Beruldson. Suzanne
Hutton and Deb Barsell, Community Services Director discussed the matter. After
discussion, motion was made by Mayor DiGennaro and seconded by Commissioner
Spehar to deny the item. Roll call vote was unanimous.
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STAFF REPORTS
Ailllorts - Airports Director, Peter Horton reported to the Board concerning the
following matters: Annual safety inspection for the Key West International Airport has
been completed; Grant money in the amount of $560,000 is forthcoming from the FAA
for the Key West International Airport bond repayment; South Florida Water
Management District approved the permit for the runway safety area at the Key West
International Airport.
Emergencv Services - Acting Fire Chief, James Callahan reported to the Board
concerning the following matters: Big Pine Key Fire Station - metal and concrete are
visible indicating construction is underway; Conch Key Fire Station - firefighters are no
longer staying in the trailers adjacent to the station and are back into the
firehouse/rebuilding plans are moving forward; Stock Island Fire Station - funding
availability for the rebuilding and/or relocation of the station; Trauma Star - appreciation
to the citizens and the BOCC for the support of the Trauma Star for 6 more months.
Engineering - County Engineer, Dave Koppel reported to the Board concerning
the following matters: Presentation concerning the completion of the 2005 Hurricane
Season Debris Reimbursement - (4 Hurricanes) totaling the amount of$ I 7,722,000;
Medical Examiner's Office - dedication was held on June 19, 2008; Key West
International Airport - Presentation concerning the status of the demolition work on the
ramp.
ENGINEERING
The Board discussed the Monthly Report on Change Orders reviewed by the
County Administrator's Office. County Engineer, Dave Koppel discussed the matter.
The Board discussed the proposed hotel project at the Key West and Marathon
Airport including a discussion ofthe respondents to the Request for Proposals for the
Development, Construction, and Management services for said hotels. The following
individuals addressed the Board: Christine Russell, Sloan Bashinsky, and Diane
Beruldson. Danise Henriquez, Monroe County Tax Collector also addressed the Board.
MONROE COUNTY TAX COLLECTOR
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval ofthe recap ofthe 2007 tax roll, and approval to extend the
2008 tax roll prior to the conclusion of Value Adjustment Board hearings. Motion
carried unanimously.
ENGINEERING
The Board returned to the discussion ofthe proposed hotel project at the Key
West and Marathon Airport including a discussion of the respondents to the Request for
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Proposals for the Development, Construction, and Management services for said hotels.
Dave Koppel, County Engineer; Peter Horton, Monroe County Airports Director; and
Andrew Trivette, Growth discussed the matter. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Spehar to allow the late bid by
IDC Development Group, LLC to the RFP for the Marathon Airport. Roll call vote was
taken with the following results:
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried. Motion was then made by Commissioner Neugent and seconded by
Commissioner Murphy to table the matter to a later date. During discussion, the motion
was withdrawn. Roman Gastesi, County Administrator discussed the matter. After
further discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to bring the matter before the council of the municipalities from
the City of Key West and the City of Marathon prior to any BOCC action with regard to
the Development, Construction, and Management services for hotels at the Key West and
Marathon Airports. Roll call vote was unanimous.
WASTEWATER ISSUES
Dave Koppel, County Engineer discussed the written report provided to the Board
concerning the status of Wastewater projects. Mr. Koppel then updated the Board
concerning a recent trip to Charlotte County by Staff and Commissioner Spehar to learn
more about Septic Tank Effluent Pump (STEP) and Septic Tank Effluent Gravity (STEG)
Systems. Commissioner Spehar discussed the matter. The following individual
addressed the Board: Kathy Wheeler. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to take the earmarked
money from the Vandenberg, if the Vandenberg is scrapped, and provide it to the Florida
Keys Aqueduct Authority for design engineering for Big Pine and the Lower Keys and all
affected areas. Roll call vote was unanimous.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval and authorizing execution of State Financial Assistance DEP
Agreement No. LP6803 Amendment No.1 between Monroe County and the Florida
Department of Environmental Protection (FDEP) concerning changes in project
timeframe and grant manager. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, Roman Gastesi discussed the following matters: He along
with Growth Management Director Andrew Trivette, Chief Assistant County Attorney
Bob Shillinger, Assistant County Attorneys Susan Grimsley and Derek Howard will be
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traveling to Tallahassee today to discuss a Settlement Agreement on working waterfronts,
and hurricane evacuation; Meetings have been held with municipal managers to discuss
economies of scale - items that can be done together; County emails of the Administrator
and Mayor will be provided to the media on a weekly basis; Board Recognition was
given to the Staff in the Office of Budget & Management; Posting ofthe Fire Chief
position; Twelve new fire fighter positions have been funded in the budget - the Acting
Fire Chief has obtained a Grant - SAFFR to fund eighteen positions. Acting Fire Chief,
James Callahan discussed the SAFFR Grant. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval of the
acceptance ofthe SAFFR Grant and authorized the processing of applications for hiring
Fighters/EMT's/Paramedics. Motion carried unanimously.
The Board discussed Trauma Star. County Administrator, Roman Gastesi
indicated the matter will be on the agenda at the July 28,2008 Special Meeting in
Marathon.
Suzanne Hutton, County Attorney read into the record an email from Thomas J.
Willi withdrawing his item from today's agenda concerning the approval of a Resolution
waiving prohibition against appearing before the Board in legislative and quasi-judicial
matters in Section 5 of the Employment Agreement with Thomas J. Willi. Commissioner
Neugent discussed the matter. The following individuals addressed the Board: Christine
Russell, Pauline Klein, Sloan Bashinsky, and Diane Beruldsen. No official action was
taken.
The Board discussed a request for the running of the Inaugural J ewfish Creek
Bridge Run/Walk 2009 for Saturday, November 14, 2009 from 6:30 A.M. to 10:30 A.M.
Dent Pierce, Public Works Director discussed the matter. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Murphy granting
approval ofthe request, including the waiving of the toll fees at Card Sound Bridge. Roll
call vote was unanimous.
The Board discussed reimbursement to Bob Freeman, Decentralized Wastewater
Treatment Systems Coordinator, USEP A Region 4 for travel that recently occurred for
the site visit of Collier County's STEP/STEG Systems. Motion was made by
Commissioner Neugent and seconded by Commissioner Spehar granting approval of the
reimbursement. Motion carried unanimously.
EMPLOYEE SERVICES
Employee Services Division Director, Theresa Aguiar discussed the County's
Property, Liability, Benefit (Health) policies and contracts. The following individual
addressed the Board: Joseph Ontiveros, representing Blue Cross/Blue Shield. No official
action was taken.
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SOUNDING BOARD
Attorney Franklin Greenman, representing the Florida Keys Contractor's
Association discussed contractor's qualifications for construction work performed in
Monroe County. Andrew Trivette, Growth Management Director discussed the matter.
No official action was taken.
GROWTH MANAGEMENT
The Board discussed a Resolution establishing the monetary value of a single
ROGO allocation system competition point for purposes of payment by applicants in the
ROGO system with a maximum of two points available per application. The following
individual addressed the Board: Diane Beruldsen. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 218-2008
Said Resolution is incorporated herein by reference.
The Board discussed a Resolution to extend the authority of the Growth
Management Director to toll time limit requirements for obtaining a building permit or
required permit inspection for properties adversely impacted by the Court ordered
injunction on the issuance of new flood insurance policies under the National Flood
Insurance Program pending resolution ofthe injunction. Andrew Trivette, Growth
Management Director discussed the matter. The following individuals addressed the
Board: Sloan Bashinsky and Diane Beruldsen. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Spehar adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 219-2008
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance, at the request of Planning
and Environmental Resources Staff, to amend the Monroe County Code Section 9.5-
122.4(d) and Section 9.5-124.8(a)(3) to allow credit for habitat mitigation on lots
dedicated for positive point values on No Name and Big Pine Keys, and to adopt a new
Section 9.5-350 establishing mitigation requirements for habitat conservation on No
Name and Big Pine Keys. There was no public input. Andrew Trivette, Growth
Management Director discussed the matter. Motion was made by Commissioner Spehar
and seconded by Commissioner Murphy to continue the Public Hearing to the August 20,
2008, Board meeting in Marathon at 3:00 P.M. Motion carried unanimously.
A Public Hearing was held to consider an Ordinance amending Section 13.5-5,
Monroe County Code, by the addition of Big Pine Key Park to Section 13.5-5(a);
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Amending Section 13.5-5( d) setting hours of operation for Big Pine Key Park; Amending
Section 13.5-5(n) adding Big Pine Key Park to the list of parks that allow animals;
amending Section 13.5-5, by adding subsection (s) regulating the use of skates,
rollerblades, skateboards, and the use of Big Pine Key Park for racquetball, handball,
roller hockey, fitness and any similar activity, providing for severability, providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective date. There was no
public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 016-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider repealing Ordinance No. 22-2001;
providing for elimination of the art in public places funding element of public
construction and renovation projects; providing for severability; providing for the repeal
of all ordinances inconsistent herewith; providing for incorporation into the Monroe,
County Code of Ordinances; and providing an effective date. Suzanne Hutton, County
Attorney discussed the matter. Motion was made by Commissioner Spehar and seconded
by Commissioner Murphy to deny the current Ordinance repealing the Art in Public
Places Ordinance and directing Staff to advertise a new Public Hearing amending the
Ordinance. Roll call vote was unanimous. The Board accepted public input with the
following individuals addressing the Board: Frank Garner, Susann D'Antonio,
representing the Art in Public Places Board; Tom Virgin, Vera Vasek, and Sid Goldman.
Tina Boan, Budget Manager discussed the matter. Elizabeth Young, Executive Director
of the Florida Keys Council of the Arts addressed the Board. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Murphy authorizing
the County Attorney to advertise a Public Hearing that amends the Art in Public Places
Ordinance to exclude facilities not open to the general public on a daily basis for the
conduct of business with the County. Roll call vote was taken with the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried unanimously.
A Public Hearing was held concerning an Ordinance amending Section 2-608(2),
Monroe County Code, Providing for decrease in subsistence to Breakfast $6.00; Lunch
$11.00; Dinner $19.00; Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County
Code of Ordinances; and Providing for an effective date. The Board accepted public
input. There were no speakers. Motion was made by Commissioner Murphy and
seconded by Commissioner Neugent to adopt the following Ordinance.
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ORDINANCE NO. 017-2008
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
A Public Hearing was held concerning approval of a Resolution granting
approval of a Final Plat for the Subdivision Of Land into 43 residential lots and two
commercial tracts to be known as Key Haven Estates, which is a replat of Key Haven 4th
Addition Lots 19-23, 9th Addition Lots 3-8 and 11-24, and Enchanted Island Lots 39-44,
63-72, and 77-83, located within Section 25 and 26, Township 67, Range 25 East,
Monroe County, Florida. Motion was made by Commissioner and seconded by
Commissioner to continue the Public Hearing to the August 20, 2008, Board meeting in
Marathon at 3:00 P.M. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Spehar's District I appointment of James D.
Cameron to the Planning Commission. The following individuals addressed the Board:
Kathy Wheeler, representing the Big Pine Key Civic Association; Sherry Phillips, Diane
Beruldsen. After discussion, motion was made by Commissioner McCoy and seconded
by Commissioner Murphy granting approval of item. Roll call vote was unanimous. .
The Board discussed a Resolution expressing concerns over the large population
of iguanas in Monroe County and requesting the Fish and Wildlife Conservation
Commission to enact regulations governing the possession, distribution or release of
iguanas within the State; Providing an effective date. The following individuals
addressed the Board: Richie Moretti and Diane Beruldsen. Motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 220-2008
Said Resolution is incorporated herein by reference
COUNTY CLERK
Danny Kolhage, County Clerk reported to the Board concerning appointments to
the Value Adjustment Board from any citizen, owning a homesteaded property within
Monroe County, wishing to participate as a citizen member.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney informed the Board that the written Litigation
Report was submitted to the Board via e-mail by Bob Shillinger, Chief Assistant County
Attorney. Ms. Hutton then informed the Board that the Regional Conflict Counsel
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litigation that the Board approved for Monroe County to be involved currently has 21
counties joined in as plaintiffs.
Suzanne Hutton, County Attorney requested the scheduling of a Closed Executive
Session of the Board of County Commissioners in the matter of The Tower Group, Inc.
vs. Monroe County Board of County Commissioners, Case No. 07-CA-1482K and
Monroe County Board of County Commissioners v. Gonzalez Architects, et aI., Case No.
08-CA-458-K at the August 20,2008 meeting in Marathon. Ms. Hutton read into the
record the names of the individuals who will be present at the session. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner McCoy
approving the request. Motion carried unanimously.
The Board discussed entering into a separate Professional Services Agreement,
with Trauner Consulting Services, Inc., and to waive the purchasing policy to enable
County to continue to use Trauner as a technical expert in the case of The Tower Group
vs. Monroe County. Trauner was originally hired under the contract with GrayIRobinson,
P.A.; this action takes the contract out of the Gray/Robinson contract. Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Spehar granting approval of the .
item. Motion carried unanimously.
The Board discussed a Settlement Agreement in the matter of Jocelyn Tiedemann,
Code Enforcement Case CE06090166, in the amount of$2,500.00. Suzanne Hutton,
County Attorney discussed the matter. Motion was made by Commissioner DiGennaro
and seconded by Commissioner Spehar granting approval ofthe item. Motion carried
unanimously.
The Board discussed the selection ofMBI/K2M Architecture Inc., and Award of
Contract for the Americans with Disabilities Act (ADA) Compliance Assessments for
Monroe County Facilities and Roads. Suzanne Hutton, County Attorney discussed the
matter. Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval of the item. Board granted approval and authorized execution
of the item. Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
~..cc.~~
Isabel C. DeSantis, Deputy Clerk