08/20/2008 Regular
165
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 20, 2008
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to
roll call were Commissioner 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;
Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the
general public.
ADDITIONS, CORRECTIONS, DELETIONS
The Board discussed adding items to the agenda. After discussion and pursuant to
the Board's 4/5ths vote requirement, motion was made by Commissioner Neugent and
seconded by Commissioner Murphy to add the following items to the agenda:
Amendment 002 to the Alzheimer's Disease Initiative (ADI) Contract #KZ797
between the Alliance for Aging, Inc. (Aging Resource Center) and the Monroe County
Board of County Commissioners (Community Services/In-Home Services) for Fiscal
Year 7/1/07 to 6/30/08.
Amendment 002 to the Older Americans Act (OAA) Contract #AA-829 (1/1/08-
12/31/08) between the Alliance for Aging, Inc. (Aging Resource Center) and the Monroe
County Board of County Commissioners (Community Services/In-Home and Nutrition
Services).
Amendment 003 to the Older Americans Act (OAA) Contract #AA-829 (1/1/08-
12/31/08) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade
and Monroe Counties) and the Monroe County Board of County Commissioners
(Community Services/In-Home and Nutrition Services).
Amendment 004 to the Older Americans Act (OAA) Contract #AA-829 (1/1/08-
12/31/08) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade
and Monroe Counties) and the Monroe County Board of County Commissioners
(Community Services/In-Home and Nutrition Services).
Resolution repealing Resolution No. 415-2005 setting policy for Compensation
for Public Emergency Response Work.
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Roll call vote was unanimous.
:\1otion was made by Mayor DiGennaro and seconded by Commissioner Neugent
to continue the following items to the September 17, 2008 BOCC meeting:
Discussion of the needs of Fixed Base Operators (FBOs) at the Marathon Airport
by Bill Ehrhorn of Marathon Jet Center.
Interlocal Agreement between Monroe County and its Municipal partners to allow
transferable development rights across jurisdictional boundaries within the County.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee Service Award for the Month of April, 2008, to Jethon
Williams, Multimedia Specialist, Technical Services.
Mayor's Proclamation declaring the week of September 14-20, 2008 as
Constitution Week in Monroe County in recognition of the anniversary of the signing of
the U.S. Constitution on September 17, 1787.
Presentation of the annual Capital Credit check in the amount of$12,378.90 to the
Monroe County Board of County Commissioners by the Florida Keys Electric
Cooperative Association.
Presentation of Recognition Award to Kimberly Rohr's, Sr. GIS Planner, Growth
Management Division for her continued efforts to promote the GIS office of Monroe
County.
Presentation of a plaque to Commissioner McCoy from Key West Mayor Morgan
McPherson in recognition of the 30 year anniversary of Commissioner McCoy skiing to
Cuba.
BULK APPOV ALS
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval of the following items by unanimous consent:
Board granted approval for the U.S. Customs and Border Protection to occupy
additional space in the Adam Arnold Annex, at the Key West International Airport, on a
month-ta-month basis, pending a rental agreement.
Board granted approval and authorized execution of Public Transportation
Supplemental Joint Participation Agreement Number I, Contract No. AOC81, between
Monroe County and the State of Florida Department of Transportation for the
construction of a new terminal building at the Key West International Airport.
Board granted approval and authorized execution of an Agreement between
Monroe County and E. Hunt Scheuerman, M.D., Medical Examiner, District Sixteen,
effective September I, 2008, contingent upon the Governor's appointment of Dr.
Scheuerman to the office of Medical Examiner.
Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 224a-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 225-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 226-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 193-2008 (OMB Schedule Item No.4).
RESOLUTION NO. 227-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 197-2008 (OMB Schedule Item No.5).
RESOLUTION NO. 228-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 198-2008 (OMB Schedule Item No.6).
RESOLUTION NO. 229-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 203-2008 (OMB Schedule Item No.7).
RESOLUTION NO. 230-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 231-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 232-2008
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 233-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 234-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 235-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 236-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 237-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 238-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 119-2008 (OMB Schedule Item No. 16).
RESOLUTION NO. 239-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 240-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 241-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 242-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 243-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
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RESOLUTION NO. 244-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to the
Interlocal Agreement between Monroe County and the School Board of Monroe County
to cooperate in support of services for the Keys Center - A Place for Girls for County
Fiscal Year 2008.
Board granted approval and authorized execution of Modification No. I to the
Low Income Home Energy Assistance Program Federally Funded Subgrant Agreement
No. 087EA-7B-1l-54-01-019 between Monroe County and the State of Florida,
Department of Community Affairs. The modification is to increase the County's
allocation from $101,299 to $103,766.
Board granted approval and authorized execution of an Addendum to the Contract
between Monroe County and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse
Association. The purpose of the addendum is to include references to the State of
Florida, Department of Children and Families, CFOP 140-8, Community Care for
Disabled Adults.
Board granted approval to refund the full amount of$I,IIO.OO to Miguel
Menendez, vehicle surplus bidder, for sale of a surplus vehicle and granted approval to
re-advertise same vehicle at no (zero) minimum bid.
Board granted approval to rescind agenda Item C6 approved May 21,2008, and
to transfer title to County vehicle number 0901-170 (serial number
IFTDFI5Y6SNBI7690) to Florida Greenways and Trails Foundation, Inc., a Florida
nonprofit corporation.
Board granted approval to advertise for bids to provide a full maintenance
program for the chiller system at the Murray E. Nelson Governrnent and Cultural Center.
Board granted approval to advertise for bids to supply janitorial services at the
Murray E. Nelson Governrnent and Cultural Center.
Board granted approval to advertise for bids to provide landscaping services at the
Murray E. Nelson Governrnent and Cultural Center.
Board adopted the following Resolution ratifying rules and regulations for the
Skate Park located at Big Pine Key Park.
RESOLUTION NO. 245-2008
Said Resolution is incorporated herein by reference.
Board granted approval to terminate the month-to-month Contract with Barnes
Alarms, Inc., and awarded bid and authorized execution of an Agreement between
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Monroe County and Barnes Alarm Systems, Inc. for fire and panic alarm system annual
certification, maintenance and monitoring.
Board accepted the Monroe County Length of Service Awards Program (LOSAP)
Actuarial Valuation Reportfor the Plan Year 2007 and transfer of funds for Plan Year
2007 and 1990 into the LOSAP Trust Fund in the amount of $28,477.00; and adopted the
following Resolution authorizing each participant in LOSAP to be credited with an
additional year of service.
RESOLUTION NO. 246-2008
Said Resolution is incorporated herein by reference.
Board authorized the Issuance of a Certificate of Public Convenience and
Necessity (COPCN) to the Key Largo Volunteer Ambulance Corps., Inc., (KLV AC) for
the operation of an ALS transport ambulance service, beginning August 25, 2008 and
ending August 24,2010.
Board granted approval and authorized execution of Amendment No.1 to the
Collective Bargaining Agreement, Unit One and Unit Two, between Monroe County and
the Professional Firefighters of Monroe County, IAFF, Local 3909 amending Article 6,
Section 6.1 and Section 6.2 relating to Seniority Application and Determination.
Board ratified the signing of an Award Letter by the Mayor accepting additional
Federal funds in the amount of$29,629.00 as a Modification to the Emergency
Management Base Grant Agreement No. 08-BG-24-11-54-01-295 in the amount of
$102,959.00; and authorized the County Administrator to execute any other required
documentation in relation to the application process.
Board granted approval and authorized execution of a Consent to Assignment of
Lease assigning the FKAA ground lease for the Little Venice treatment plant at the
Marathon Airport from FKAA to the City of Marathon.
Board granted approval and authorized execution of Amendment #002 to the
Alzheimer's Disease Initiative (AD I) Contract #KZ797 between the Alliance for Aging,
Inc. (Aging Resource Center) and the Monroe County Board of County Commissioners
(Community Services/In-Home Services) for Fiscal Year 7/1/07 to 6/30/08.
Board granted approval and authorized execution of Amendment #002 to the
Older Americans Act (OAA) Contract #AA-829 (1/1/08-12/31/08) between the Alliance
for Aging, Inc. (Aging Resource Center) and the Monroe County Board of County
Commissioners (Community Services/In-Home and Nutrition Services).
Board granted approval and authorized execution of Amendment #003 to the
Older Americans Act (OAA) Contract #AA-829 (1/1/08-12/31/08) between the Alliance
for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the
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Monroe County Board of County Commissioners (Community Services/In-Home and
Nutrition Services).
Board granted approval and authorized execution of Amendment #004 to the
Older Americans Act (OAA) Contract #AA-829 (1/1/08-12/31/08) between the Alliance
for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the
Monroe County Board of County Commissioners (Community Services/In-Home and
Nutrition Services).
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement between
Monroe County and Diversified Cleaning Services of Key West, Inc., 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 Agreement between
Monroe County and Monroe Council of the Arts Corporation, d/b/a Florida Keys Council
of the Arts, to supplement costs of tourist related programs in an amount not to exceed
$72,500 between October 1,2008 and September 30, 2009.
Board granted approval and authorized execution of an Amendment (2nd
Amendment) to the Agreement between Monroe County and Key West Botanical Garden
Society, Inc., to revise the termination date of the contract for the Creation of a
Nationally Acclaimed Aviary Eco-Tourism Attraction - Phase II, to September 30,2008.
Board granted approval of the Monroe County Tourist Development Council
2008-2009 Marketing Plan.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized executiol'l of Task Assignment
Notification Form, DEP Contract No. PL-029, between Monroe County and Florida
,Department of Enviromnental Protection (FDEP) to receive a $176,000 grant for lands
that are owned or managed by Monroe County.
Board granted approval ofDEP Agreement No.: LE655 CV A 08-498 between
Monroe County and Florida Department of Enviromnental Protection providing up to
$57,000 for offsetting operating costs for the Marine Resources pump out vessel and
salary for the Marine Pump Out Captain.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Marathon providing funding assistance to the
City for boating related activities including vessel wastewater haul-out and disposal of a
boat and trailer in the amount of$17,243.30.
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Board granted approval of a refund request to provide a full refund in the amount
of$9,661.00 to Chico Enterprises, Inc. The applicant could not complete their project
using the Development Agreement Process.
Board authorized the qualification of Habitat for Humanity of the Middle Keys as
an approved developer and add the organization to Monroe County's list of Approved
Housing Development Service Providers for future affordable/workforce housing
projects.
Board granted approval and authorized execution of a Ground Lessor Estoppel
and Attornment Agreement by Monroe County and Sea Grape Apartments, Ltd. (Sea
Grape Phase I) in favor of Neighborhood Lending Partners of South Florida, Inc.
Board granted approval and authorized execution of a Grant of Easement and
Right of Use Agreement (Access Easement) by and between Sea Grape Apartments, Ltd.
and Sea Grape II, Ltd.
Board adopted the following Resolution authorizing the acceptance of Key Vaca
parcels RE# 00103560-000201 and RE# 00103560-000203 (proposed Sea Grape II, Ltd.
Apartments site) from the Monroe County Comprehensive Plan Land Authority for
affordable housing.
RESOLUTION NO. 247-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a 99-year Ground Lease
Agreement between Monroe County and Sea Grape II, Ltd. for a site in Marathon (RE#
00103560-000201 and 00103560-000203) to be purchased by Monroe County Land
Authority and conveyed to the County for its keys-wide affordable housing programs.
Board granted approval of the acceptance of a Corporate Warranty Deed for a
parcel of real property for conservation or passive park use from Ocean Key Associates,
Ltd. RE#00554940-00300 at approximately Mile Marker 97.5.
Board granted approval and authorized execution of Amendment 7 to the
Stormwater Management Master Plan, providing compensation to Camp Dresser McKee,
Inc. ofa reduced fee in the amount of$15,000, rather than $25,000, for additional work
they completed on the plan.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County, Florida Keys Aqueduct Authority, and the municipalities of
Key W'lst, Islamorada, Layton, Key Colony Beach and Marathon for multi-jurisdictional
coordination and cooperation regarding water supply, use and reuse and alternative water
supplies.
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COMMISSIONERS' ITEMS
Board granted approval of Commissioner McCoy's reappointment of Steven
Torrence to the Human Services Advisory Board, term expires July 25,2010.
Board granted approval of Commissioner Murphy's, District 5, appointment of
John Hammerstrom to the Green Building Code Task Force Committee by the Board of
County Commissioners ofMomoe County. The term ofthis appointment is one year,
ending July, 2009.
Board granted approval of Commissioner Murphy's, District 5, appointment of
Joel Reed to the Green Building Code Task Force Committee by the Board of County
Commissioners ofMomoe County. The term ofthis appointment is one year, ending in
July, 2009.
Board granted approval of Commissioner Murphy's, District 5, reappointment of
Randy Wall to the Momoe County Planning Commission. The term of this appointment
is two years, expiring September 1,2010.
Board granted approval of Mayor DiGennaro's appointment of Steven Grasley to
the Green Building Code Task Force, term expires August 1,2009.
Board granted approval of Mayor DiGennaro's appointment of Jeffrey Pinkus to
the Green Building Task Force, term expires August 1,2009.
Board granted approval of Commissioner Spehar's, District I, appointment of Mr.
Robert C. Mongelli to the Marine & Port Advisory Committee, term expires May 15,
2010.
Board granted approval of Commissioner Murphy's, District 5, appointment of
Veronica "Ronnie" Harris to the Tourist Development Council Board to fulfill the term of
Todd Firm who resigned on August 8, 2008, the appointment ends August 1,2011.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Regular BaCC meetings of June 18 & July 16, 2008 and Special meetings of
July 2 & 14,2008 (previously distributed).
Board granted approval of the following Warrants (103785 - 1037875 & 530759-
531787): General Fund (001), in the amount of $3,619,053.92; Fine & Forfeiture Fund
(101), in the amount of $6,766,097.00; Road and Bridge Fund (102), in the amount of
$926,665.76; TDC District Two Penny (115), in the amount of $274,292.34; TDC
Admin. & Promo 2 Cent (116), in the amount of$687,194.95; TDC District 1,3 Cent
(117), in the amount of$165,544.80; TDC District 2,3 Cent (118), in the amount of
$9,616.65; TDC District 3,3 Cent (119), in the amount of$189,864.05; TDC District
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4,3 Cent (120), in the amount of$22,655.78; TDC District 5,3 Cent (121), in the
amount of$60,433.72; Gov. Fund Type Grants (125), in the amount of$340,061.85;
Fire & Amb Dist 1 L&M Keys (141), in the amount of$100,534.04; Upper Keys
Health Care (144), in the amount of$3,71O.73; Uninc Svc Dist Parks & Rec (147), in
the amount of $88,004.92; Plan, Build, Zoning (148), in the amount of$79,277.18;
Municipal Policing (149), in the amount of$I,020,490.30; Duck Key Security (152), in
the amount of $3,846.29; Local Housing Assistance (153), in the amount of
$360,629.22; Boating Improvement Fund (157), in the amount of $26,268.62; Misc.
Special Revenue Fund (158), in the amount of $31 ,093.54; Environmental Restoration
(160), in the amount of$677.14; Law Enforcement Trust (162), in the amount of
$5,000.00; Court Facilities Fees-602 (163), in the amount of$I,242.00; Big Coppitt
Wastewater MSTU (169), in the amount of$413.72; Cudjoe-SugarloafMSTU (172),
in the amount of$300.00; Duck Key MSTU (176), in the amount of $327.49; Building
Fund (180), in the amount of$3,414.33; 1 Cent Infra Surtax (304), in the amount of
$1,134,557.75; 2003 Revenue Bonds (307), in the amount of$I,473,879.07; Infra Sls
Srtx Rev Bds 2007 (308), in the amount of$373,980.00; Big Coppitt Wastewater Pr
(310), in the amount of $4,034,351.27; Card Sound Bridge (401), in the amount of
$532,401.65; Marathon Airport (403), in the amount of$180,492.57; Key West IntI.
Airport (404), in the amount of $447,965.40; KW AlP Series 2006 Bonds (405), in the
amount of$I,634,197.53; MSD Solid Waste (414), in the amount of$I,597,659.84;
Worker's Compensation (501), in the amount of$47,352.33; Group Insurance Fund
(502), in the amount of$241,769.13; Risk Management Fund (503), in the amount of
$65,712.94; Fleet Management Fund (504), in the amount of$214,056.53; Fire&EMS
LOSAP Trust Fund (610), in the amount of$5,967.50.
Board granted approval of the following Tourist Development Council
Expenditures for the month of July, 2008: Advertising, in the amount of$563,050.20;
Bricks & Mortar/Projects, in the amount of$183,732.46; Visitor Information Services, in
the amount of $122,202.00; Events, in the amount of $135,435.47; Office Supplies &
Operating Costs, in the amount of$55,651.82; Personal Services, in the amount of
$126,439.85; Public Relations, in the amount of$79,126.85; Sales & Marketing, in the
amount of $97,504.43; Telephone & Utilities, in the amount of $27,824.48; Travel, in the
amount of$14,715.93.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
COUNTY ATTORNEY
Board adopted the following Resolution setting the date, time and place for a
Public Hearing concerning the proposed abandonment ofa 15-foot wide alley adjoining
Barracuda Boulevard, bounded by Lots 1,2,3,20 and 21, Block II, Anglers Park, as
recorded in Plat Book I, at Page 159 of the Public Records of Monroe County, Florida
(Key Largo).
RESOLUTION NO. 248-2008
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Said Resolution is incorporated herein by reference.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Wayne and Nicola Vandenhandel in Code Enforcement Case
CE06010382.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Marlene Fontirroche Montilla in Code Enforcement Case
CE07050258.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Brian 1. Merkey and Glenn Mosher in Code Enforcement
Case CE07030216.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Dasha Renee Ray in Code Enforcement Case CE05050175.
Board granted authorization to institute collections proceedings andlor enter
settlement negotiations with John Pozzi, Madge Bladh, Gabriela Pozzi, and John Pozzi,
Jr. in Code Enforcement Cases CE05020261 and CE05020259.
Board granted approval and authorized execution of a Settlement Agreement in
the matter of Monroe County v. James P. McMahon in Code Enforcement Case
CE07010081.
Board granted approval and authorized execution of a Settlement Agreement in
the matter of Monroe County v. Edgar Braswell in Code Enforcement Case CE07060159.
Board granted approval and authorized execution of a Settlement Agreement in
the matter of Monroe County v. Martha Hardin in Code Enforcement Case CE05080141.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Alyce McCaffery in Code Enforcement Case CE0511 021 O.
Board granted authorization to institute collection proceedings andlor enter
settlement negotiations with Harold P. Ware in Code Enforcement Case CE06020324
and CE06J0070.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed the Janitorial Services Renewal Agreement with Class Act
Cleaning Services, for the Key West International Airport. The following individual
addressed the Board: Pauline Klein. Peter Horton, Airports Director discussed the
matter. After discussion, motion was made by Commissioner Murphy and seconded by
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Commissioner Spehar granting approval and authorizing execution of the Agreement.
Motion carried unanimously.
MISCELLANEOUS
The Board recognized Irene Toner, Emergency Management Director. Roman
Gastesi, County Administrator and Ms. Toner addressed the Board and thanked all who
assisted and responded to the events concerning Tropical Storm Faye.
MISCELLANEOUS BULK APPROVALS
The Board discussed a request to reject all bids received for the HV AC
Equipment Replacement project at the Florida Keys Marathon Airport due to
irregularities and re-advertise. Peter Horton, Airports Director and Dave Koppel, County
Engineer discussed the matter. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Neugent granting approval of the request to reject
all bids. Motion carried unanimously.
The Board discussed a Resolution authorizing the write-off of CDBG mortgage
not satisfied due to bankruptcy. Suzanne Hutton, County Attorney discussed the matter.
After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 249-2008
Said Resolution is incorporated herein by reference.
The Board discussed an Amendment to the Contract between Monroe County and
the Guidance Clinic of the Middle Keys, increasing the amount for BakerIMarchman Act
transportation. Roman Gastesi, County Administrator and Tina Boan, Sr. Budget
Director discussed the matter. The following individual addressed the Board: Jamie
Pipher, representing the Guidance Clinic of the Middle Keys. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Spehar granting
approval and authorizing execution ofthe Amendment. Motion carried unanimously.
Motion was made by Mayor DiGennaro and seconded by Commissioner Spehar
granting approval and authorizing execution of a Contract between Monroe County and
Nestor Madalengoitia for Art in Public Places at the Big Pine Key Park Community
Center. Motion carried unanimously.
The Board discussed the following two (2) items:
Revenue Guaranty Agreement with Hyannis Air Services, Inc. d/b/a Cape
Air/NarLtucket Airlines to provide Cape Air with revenue guaranty to provide scheduled
air service between Fort Myers, Florida and the Florida Keys Marathon Airport.
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Agreement between Monroe County and the Florida Keys Airport Initiative, Inc.,
(FKAI). FKAI was formed in Marathon for the express purpose of attracting commercial
air service to the Florida Keys Marathon Airport.
Peter Horton, Airports Director and Roman Gastesi, County Administrator
discussed the above items. After discussion, motion was made by Mayor DiGennaro and
seconded by Commissioner Neugent to continue to the Board's September 10,2008,
Special Meeting, (a period of twenty (20) days), the Revenue Guaranty Agreement. Roll
call vote was unanimous.
Motion was made by Mayor DiGennaro and seconded by Commissioner Spehar
to continue to the Board's September 10, 2008, Special Meeting, (a period of twenty (20)
days), the Agreement with Florida Keys Airport Initiative, Inc. Motion carried
unanimously.
Bob Shillinger, Chief Assistant County Attorney discussed the matter. After
discussion motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of an Engagement Agreement
between Monroe County and Gunster, Yoakley & Stewart, P .A. to assist the County with
costs oflitigation of the challenge by Protect Key West and the Florida Keys, Inc., d/b/a
"Last Stand" for the permit approved by the South Florida Waster Management District
to relocate and fill a pond at the west end ofthe Key West International Airport runway
in order to create FAA's required Runway Safety Area (RSA). Motion carried
unanimously.
The Board discussed an Amendment to Agreement between Monroe County and
Sweetwater Environmental, Inc., to raise the per gallon unit price paid to them to transfer,
collect, store, treat, transport, and dispose of sludge/septage generated within Monroe
County, and to raise the County's sludge disposal rate from $0.22 to $0.23. Dent Pierce,
Public Works Director discussed the matter. After discussion, motion was made by
Mayor DiGennaro and seconded by Commissioner Murphy to deny the item. Roll call
vote was taken with the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar No
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
The Board discussed an Agreement between Monroe County and the Florida
Power & Light Company (FPL) in the amount of $250,000.00 concerning Radiological
Preparedness for Fiscal Year 2009 and Fiscal Year 2010; and authorization for the
County Administrator to execute any other required documentation in relation to the
application process. James Callahan, Acting Fire Chief and Tina Boan, Budget Director
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discussed the matter. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy granting approval and authorizing execution of the
Agreement. Motion carried unanimously.
STAFF REPORTS/AIRPORT
Peter Horton, Airports Director updated the Board concerning stormwater
damages at the Key West International Airport property as a result of Tropical Storm
Faye.
Mr. Horton and Bob Shillinger, Chief Assistant County Attorney discussed the
Runway Safety Area Project, and Last Stand's appeal of the SFWMD permit approval.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call were Commissioner Sylvia Murphy, Commissioner George
Neugent, and Commissioner Mario DiGennaro. Absent were Chairman Clark Snow and
Mayor Norman Anderson.
Motion was made by Commissioner Murphy and seconded by Mayor DiGennaro
granting approval and authorizing execution of a Settlement Agreement between Monroe
County Fire Rescue and Karen Schirmeister/MedCare International account #800419-0l.
Motion carried unanimously, with Chairman Clark Snow and Mayor Norman Anderson
not present.
Motion was made by Commissioner Murphy and seconded by Mayor DiGennaro
to adopt the following Resolution authorizing the write-off of Fire Rescue ambulance
account receivable, in the total amount of $249,833.14. Motion carried unanimously,
with Chairman Clark Snow and Mayor Norman Anderson not present.
RESOLUTION NO. 250-2008
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all commissioners
present.
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STAFF REPORTS/ENGINEERING
Dave Koppel, County Engineer updated the Board concerning his attendance at
the Key West City Commissioner's Meeting last night where the proposed hotel project
at the Key West International Airport was discussed. Mr. Koppel also indicated he would
attend the City of Marathon Council meeting when the proposed hotel project at the
Marathon Airport is discussed. Roman Gastesi, County Administrator discussed the
matter.
Mr. Koppel presented a slide presentation concerning the assessment of county
properties damaged as a result of Tropical Storm Faye. Dent Pierce, Public Works
Director addressed the Board.
Mr. Koppel informed the Board that the dedication for the new Big Pine Key Park
is scheduled for Friday, August 22, 2008 at 3:30 P.M.
COMMISSIONERS' ITEMS
The Board discussed approving a letter of support for application by EB5 Capital
Partners, LLC for Regional Center Designation for the South Florida Investment
Regional Center serving Miami-Dade and Monroe Counties, under the provisions of the
U.S. Immigration Investor Program as authorized by the 1990 U.S. Immigration Act.
The following individuals addressed the Board: J. Eric Gould, representing EB5 Capital
Partners, LLC; Pauline Klein, Diane Beruldson and Fred Nickerson. Roman Gastesi,
County Administrator discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval of the
letter of support. Roll call vote was unanimous.
WASTEWATER ISSUES
Mr. Koppel reported to the Board concerning the document entitled Wastewater
Projects - Status Report Update, August 20, 2008. Roman Gastesi, County
Administrator discussed information in a Press Release from Governor Charlie Crist.
The Board authorized the Mayor to travel to Tallahassee to seek funding for wastewater.
CLOSED SESSION
A Closed Executive Session was held. Suzanne Hutton, County Attorney read
into the record the names ofthe individuals authorized to be present at the Closed
Executive Session of the Board 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 a!., Case No. 08-CA-458-K.
A Closed Executive Session was held. Suzanne Hutton, County Attorney read
into the record the names of the individuals authorized to be present at the Closed
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Executive Session ofthe Board to discuss collective bargaining with the Professional
Firefighters ofMomoe County, IAFF Local 3909.
COMMISSIONERS' ITEMS
Susan Hanunaker, Chairman of the Florida Keys Wastewater Assistance
Foundation, Inc., and City of Marathon Vice Mayor Chris Bull made a presentation
concerning a needs assessment to sewer the Keys.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending
Section 2-332(A), Momoe County Code; Providing for restriction of the Art in Public
Places funding element of public construction and renovation projects to buildings open
to the public for daily conduct of business with the County; Providing for incorporation
into the Momoe County Code ofthose provisions of Ordinance 022-2001 previously
omitted there from; Providing for Advisory Committee; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Momoe Count Code of Ordinances and providing an effective date.
The following public speakers addressed the Board: Lois Giffin, Nance Frank, Susan
D'Antonio, and Elizabeth Young, Executive Director of the Florida Keys Council.
Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed
the matter. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Spehar to leave the wording alone; and that $180,000 go into artwork
for the Key West International Airport and $20,000 go into artwork for the Big Pine Key
Fire Station. Roll call vote was unanimous.
A Public Hearing was held to consider adoption of a Resolution, at the request of
Key Haven Estates, LLC 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 Sections 25 and 26,
Township 67, Range 25 East, Momoe County, Florida. The following public speakers
addressed the Board: Donald Craig, representing the applicant; Diane Beruldson, and
Ron Deans, representing Naval Air Station Key West. After discussion, motion was
made by Mayor DiGennaro and seconded by Commissioner Neugent to adopt the
following Resolution. Roll call vote was taken with the following results:
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 251-2008
181
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for
Bernard P. Dreas on Lot 19, Block 9, Bahia Mar Estates, Key Largo, Real Estate Number
00545030.000000. There was no public input. Motion was made by Commissioner
Spehar and seconded by Commissioner Neugent to adopt the following Resolution
approving the request in the form of a purchase offer from the Monroe County Land
Authority. Roll call vote was unanimous.
RESOLUTION NO. 252-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relieffor
James & Karen Hoefert on Lot 26, Block 3, Ocean Park Village Subdivision, Key Largo,
Real Estate Number 00446040.000000. The following public speaker addressed the
Board: James Hoefert. Townsley Schwab, Acting Planning & Enviromnental Resources
Director; and Ralph Gouldy, Enviromnental Resources Sr. Administrator discussed the
matter. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to grant reliefto the applicant in the form of one (I) Dwelling Unit
Allocation Award. Roll call vote was unanimous.
A Public Hearing was held to consider a request for Administrative Relief for
Andrew M. Tobin on Lot 7, Block 8, Largo Beach, Key Largo, Real Estate Number
00477860.000000. Suzanne Hutton, County Attorney informed the Board the applicant
requested the item be continued to the November BOCC meeting in Key Largo. Motion
was made by Commissioner Neugent and seconded by Commissioner Spehar to continue
the hearing to the November 19, 2008, BOCC meeting in Key Largo at 3:00 P.M.
Motion carried unanimously.
Commissioner McCoy and Commissioner Murphy excused themselves from the
meeting.
Public Hearings were held to consider the following ten (10) items:
A request for Administrative Relieffor Twin Lakes Key Largo LLC on Lot 14,
Block I, Twin Lakes, Key Largo, Real Estate Number 00548130.
000000.
A request for Administrative Relief made by John T. & Phyllis A. Lombardi on
property described as Lot 46, Block 3, Buccaneer Point Subdivision, Key Largo, Real
Estate Number 00496131.009000 in the form of one (I) Dwelling Unit Allocation
Award.
RESOLUTION NO. 253-2008
Said Resolution is incorporated herein by reference.
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A request for Administrative Relief made by Manuel & Aurora A vila on property
described as Lot 13, Block I, Amended and Extended Plat of Key Largo Ocean Shore
Subdivision, Key Largo, Real Estate Number 00497720.000000 in the form of one (1)
Dwelling Unit Allocation Award.
RESOLUTION NO. 254-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Reliefmade by Concept Investment Group Inc., on
property described as Lot 17, Block 1, Amended and Extended Plat of Key Largo Ocean
Shore Subdivision, Key Largo, Real Estate Number 00497760.000000 in the form of one
(I) Dwelling Unit Allocation Award.
RESOLUTION NO. 255-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Relief made by Bernard P. Dreas on property
described as Lot 18, Block 9, Bahia Mar Estates, Key Largo, Real Estate Number
00545020.000000 in the form of one (1) Dwelling Unit Allocation Award.
RESOLUTION NO. 256-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Relief made by John & Jean Neudorff on property
described as Lot 9, Block 8, Marion Park Subdivision, Key Largo, Real Estate Number
00521190.000000 in the form of one (1) Dwelling Unit Allocation Award.
RESOLUTION NO. 257-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Relief made by Dean Parkinson on property
described as Lot 17, Block I, Harris Ocean Park Estates Subdivision, Key Largo, Real
Estate Number 00447080.000000 in the form of one (1) Dwelling Unit Allocation
Award.
RESOLUTION NO. 258-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Relief made by Dean Parkinson on property
described as Lot 5, Block 1, Harris Ocean Park Estates, Key Largo, Real Estate Number
00446960.000000 in the form of one (1) Dwelling Unit Allocation Award.
RESOLUTION NO. 259-2008
Said Resolution is incorporated herein by reference.
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A request for Administrative Relief for Dean Parkinson on property described as
Lot 18, Block 1, Harris Ocean Park Estates Subdivision, Key Largo, Real Estate Number
00447090.000000 in the form of one (1) Dwelling Unit Allocation Award.
RESOLUTION NO. 260-2008
Said Resolution is incorporated herein by reference.
A request for Administrative Relief for Dean Parkinson on property described as
Lot 3, Block 3, Ocean Park Village Subdivision, Key Largo, Real Estate Number
00445810.000000 in the form of one (1) Dwelling Unit Allocation Award.
RESOLUTION NO. 261-2008
Said Resolution is incorporated herein by reference.
There was no public input. Motion was made by Commissioner Spehar and
seconded by Mayor DiGennaro to adopt the above Resolutions, per Staff
recommendation. Motion carried unanimously, with Commissioner McCoy and
Commissioner Murphy not present.
Commissioner Murphy returned to the meeting and took her seat.
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. Townsley Schwab, Acting Planning & Environmental
Resources Director discussed the matter. (Staffrequested the item be withdrawn from
the agenda) Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent to withdraw the item from the agenda. Motion carried unanimously, with
Commissioner McCoy not present.
Commissioner McCoy returned to the meeting and took his seat.
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners adopting an amendment to the Land Development
Regulations by adding Section 9.5-266.1 "Affordable Housing Incentive Program";
Providing a program dealing with mobile homes; Providing for severability and repeal of
inconsistent provisions; Providing for transmittal to the Department of Community
Affairs lmd the Secretary of State; Providing an effective date; Providing for
incorporation into the Monroe County Code of Ordinances. Suzanne Hutton, County
Attorney discussed the matter. There was no public input. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 018-2008
184
Said Ordinance is incorporated herein by reference.
Commissioner McCoy returned to the meeting and took his seat.
A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners amending Section 9.5-266 ofthe Monroe County Code
to increase the deed restriction period for affordability for inclusionary housing to 99
Years; Eliminating the average square footage requirement while maintaining the
minimum square footage requirement for affordable dwelling units; Providing for
severability and repeal of inconsistent provisions; Providing for submission to the
Department of Community Affairs; Providing for codification; Providing an effective
date. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 019-2008
Said Ordinance is incorporated herein by reference.
ENGINEERING
The Board discussed using $1,800,000 of District 3 Transportation Impact Fees as
matching funds for the Department of Transportation (DOT) Card Sound Road/CR905
Intersection Conversion Construction Project. Dave Koppel, County Engineer and
Roman Gastesi, County Administrator discussed the matter. Alice N. Bravo, P.E. -
District Director of Transportation Development, representing the Florida Department of
Transportation addressed the Board. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy granting approval ofthe
item. Roll call vote was taken with the following results:
Commissioner Murphy No
Commissioner N eugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Murphy's item concerning the approval of a
Resolution requesting the Florida Department of Transportation (FDOT) revise the five-
year program as it pertains to milling and resurfacing of US Highway I from Mile
Marker 93 to 106 reducing the proposed north bound shoulder total width to no more
than four (4) feet or matching that ofthe south bound proposal. The following Florida
Department of Transportation representatives addressed the Board: Gus Pego, P .E. -
District Six Secretary, Aileen Boucle', AICP - District Six Planning & Environmental
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Manager, and Alice N. Bravo, P.E. - District Director. The following individuals also
addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce;
Pauline Klein, Trish Smith, representing the Florida Department of Environmental
Protection; Kathy Wheeler, Ann Nickerson, Sue Heim, Fred Nickerson, Diane Beruldson,
Katrina Lavene, representing the Key Largo Chamber of Commerce; Burke Cannon,
representing the Hammer Point Home Owners' Association; Kay Thacker and Ron
Miller. Commissioner Murphy read into the record a letter from State Representative
Ron Saunders. After discussion, motion was made by Commissioner Murphy and
seconded by Mayor DiGennaro requesting the Department of Transportation remove the
project as they have it from the 5 Year Plan; go with a four or five foot shoulder and
bring back at a later date for presentation. After further discussion, Commissioner
McCoy requested the Department of Transportation invite Ron Miller to their District Six
Office for an in-depth explanation why 10 feet is an actual lane and 6 feet is not and that
is the purpose of having 10 feet, so there can be a full lane during an emergency. In
consideration of Commissioner McCoy's request, the motion was withdrawn. During
further discussion, motion was made by Commissioner Neugent and seconded by Mayor
DiGennaro to table the item. Roll call vote was unanimous.
PUBLIC HEARING
A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment for Fiscal Year 2008 Marathon MSTU Fund 166, One Cent Infrastructure
Sales Tax Fund 304, 2003 Revenue Bonds Fund 307 and Duck Key Wastewater Fund
311. There was no public input. Tina Boan, Sr. Budget Director discussed the matter.
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
adopt the following Resolution concerning the Receipt of Unanticipated Funds. Motion
carried unanimously.
RESOLUTION NO. 262-2008
Said Resolution is incorporated herein by reference.
STAFF REPORTS
Public Works - Dent Pierce, Public Works Director reported to the Board the
status of Solid Waste Franchise Agreements. Mr. Pierce requested Staff direction of
whether the County should proceed with continuing the contracts or go out for bids.
Roman Gastesi, County Administrator discussed the matter. The following individuals
addressed the Board: Gregory Barroso, John Albert, representing Waste Management;
Barry Barroso, Jr., representing Latitude 24 Recycling, Inc.; and Greg Sullivan,
representing Waste Management. After discussion, motion was made by Mayor
DiGennaro and seconded by Commissioner Spehar to reopen the agenda. Suzanne
Hutton, County Attorney discussed the process of adding an item to the agenda. After
further discussion, the item was referred to Staff.
Mayor DiGennaro excused himself from the meeting.
186
COUNTY ADMINISTRATOR
The Board discussed a request to seek proposals for Third Party Administration
Services, Utilization Review, Large Case Management and Network Provider Services
for the County's Self-Insured Health Plan and investigate and evaluate available
alternatives. After discussion, motion was made by Commissioner Spehar and seconded
by Commissioner Murphy granting approval of the request. Roll call vote was
unanimous, with Mayor DiGennaro not present.
Mayor DiGennaro returned to the meeting and took his seat.
ENGINEERING
Dave Koppel, County Engineer discussed the approval to send a letter to the State
of Florida, Division of Emergency Management, Bureau of Policy and Budget
confirming that the Emergency Operations Center (EOC) that will be constructed using
funds provided by the State Funded Subgrant agreement Contract No. 08-EC-30-11-54-
01-039 will be dedicated for emergency management purposes for a period of not less
than IS years from the date of the receipt of the Certificate of Occupancy. Roman
Gastesi, County Administrator discussed the matter. Motion was made by Commissioner
Spehar and seconded by Commissioner Murphy granting approval of the item.
PUBLIC WORKS
Bob Stone, Facilities Maintenance Director - Middle Keys discussed the approval
to pursue, in coordination with OMB and County Attorney's Office, Energy Savings
Performance Contracting for certain County facilities, including issuance ofRFQ if
deemed appropriate. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Murphy granting approval to proceed with the item. Roll call
vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to accept two (2) market rate ROGO allocations and eight (8) transient
residential allocations from Ocean Key Associates. Motion carried unanimously.
The Board discussed an Agreement for Expert Witness and Consulting Services
with FEMA Law Associates, PLLC. Suzanne Hutton, County Attorney and Bob
Shillinger, Chief Assistant County Attorney discussed the matter. After discussion,
motion was made by Commissioner McCoy and seconded by Commissioner Murphy
granting approval and authorizing execution of the Agreement. Motion carried
unanimously.
187
The Board discussed a Resolution proposed by the Affordable Housing Advisory
Committee members, in their individual capacity, for consideration by the Board of
County Commissioners, reinstating the position of Affordable Housing Coordinator in
the 2008-09 Monroe County Budget under the Division of Growth Management to be
staffed by the person who formerly held that position. Debbie Frederick, Assistant
County Administrator discussed the matter. After discussion, motion was made by
Mayor DiGennaro and seconded by Commissioner Murphy to delete the item. Motion
carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner McCoy's appointment of Donna Windle to
the newly formed Board Green Building Code Task Force. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar granting
approval of the appointment. Motion carried unanimously.
The Board discussed Commissioner McCoy's reappointment of Donna Windle to
the Monroe County Planning Commission. The following individual addressed the
Board. Diane Beruldson. After discussion, motion was made by Commissioner Spehar
and seconded by Commissioner Murphy granting approval of the appointment. Roll call
vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar to adopt the following Resolution deferring the removal of Australian Pines
located at "Pines Park" situated to the south of the Key West International Airport.
Motion carried unanimously.
RESOLUTION NO. 263-2008
Said Resolution is incorporated herein by reference.
The Board discussed rescinding a Grant of Easement previously approved and
approving a revised version of a Grant of Easement to Bellsouth Telecommunications,
Inc., d/b/a AT&T Florida on the Islander Village workforce housing development
property for communications purposes. Suzanne Hutton, County Attorney discussed the
matter. Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval ofthe item.
The Board discussed a Resolution by the Monroe County Board of County
Commissioners supporting the action ofthe Mayor in transmitting the Monroe County
Area of Critical State Concern De-designation report as required by Florida Statutes to
the Department of Community Affairs. Motion was made by Commissioner Neugent
and seconded by Commissioner Spehar to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 264-2008
Said Resolution is incorporated herein by reference.
188
COMMISSIONERS' ITEMS
The Board postponed to the September 17, 2008 Board meeting in Key West,
Commissioner Neugent's item to discuss in light ofthe facts that find Momoe County in
a not ready to proceed position for wastewater infrastructure implementation (with the
potential appropriation of$50 million dollars from the State in the Lower Keys Area), I
would propose we delay/postpone the following projects: Rockland KeylPublic Works
and the Stock Island Fire Station projects. This would give Momoe County
approximately $9 million dollars to compensate for the recently recognized shortfall of
$3.4 million dollars for the Duck Key Project while allowing us to move forward on the
Cudjoe Key (expanded) Regional Wastewater System project.
COUNTY CLERK
The Board discussed the selection of a citizen member to serve on the Value
Adjustment Board. There are four applicants who qualify for this appointment, as
follows: Robert Holtry, Pauline Klein, John Repetto and Curtis Barlow. Suzanne
Hutton, County Attorney discussed the matter. Commissioner Spehar recommended
John Repetto, Commissioner Murphy recommended Pauline Klein and Commissioner
Neugent recommended Robert Holtry. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to appoint John Repetto
as the number one choice, Pauline Klein as the first alternate and Robert Holtry as the
second alternate. Motion carried unanimously.
The Board discussed the selection of three County Commissioners to serve on the
2008 Value Adjustment Board (2 appointments with 1 alternate). After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent
appointing Commissioner Murphy, Commissioner Neugent and Mayor DiGennaro as
alternate. Motion carried unanimously.
COUNTY ADMINISTRATOR
2008.
The Board accepted the written monthly activity report for the month of July,
Roman Gastesi, County Administrator discussed the matter. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner McCoy
granting approval to move the regular scheduled September 17,2008 BOCC Meeting
location from the Marathon Government Center to the Harvey Government Center in Key
West and to reschedule the second Special Budget Meeting from September 17,2008 to
Monday, September 15, 2008, 5:00 P.M. at the Marathon Government. Roll call vote
was taken with the following results:
189
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
The Board discussed a Second Amendment to Professional Services Agreement
between Robert Reyes of Florida Partners, LLC and Momoe County for continuing
Strategic Governmental Consulting Services extending the original Agreement with the
same terms and conditions for an additional one-year term retroactive to July 18, 2008.
Roman Gastesi, County Administrator discussed the matter. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar to insert
language in the Agreement that written reports be submitted to the Board on a quarterly
basis. During session written reports are to be submitted on a weekly basis to the Board.
Motion carried unanimously.
The Board discussed a Resolution repealing Resolution No. 415-2005 setting
policy for Compensation for Public Emergency Response Work. Roman Gastesi, County
Administrator; Debbie Frederick, Assistant County Administrator; and Suzanne Hutton,
County Attorney discussed the matter. The following individual addressed the Board:
Diane Beruldson. After discussion, motion was made by Commissioner Neugent and
seconded by Spehar to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 224-2008
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed authorization for the County Attorney to institute collection
proceedings and/or entering into settlement negotiations with John Pozzi and John Pozzi,
Jr., in Code Enforcement Case #CE05020257. Bob Shillinger, Chief Assistant County
Attorney and Suzanne Hutton, County Attorney discussed the matter. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Spehar
approving the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor DiGennaro requested his item be postponed to the September 17, 2008,
Board meeting in Key West concerning future plans for previous Key West County Court
facilities building(s) once the Freeman Justice Center is opened.
190
Mayor DiGennaro requested his item be postponed to the September 17, 2008,
Board meeting in Key West concerning the consideration of a Resolution censuring a
County Commissioner and directing Staff to draft a proposed policy for future infractions
of County policy by a County Commissioner. Motion was made by Mayor DiGennaro
and seconded by Commissioner McCoy to postpone the item. 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.
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
~~Q. ~~
Isabel C. DeSantis, Deputy Clerk