04/15/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
VVednesday,i\priI15,2009
Key VV est, Florida
i\ Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 i\.M., at the Harvey Government Center. Present and answering to roll
call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro,
Commissioner Sylvia Murphy, Commissioner Kim VVigington, and Mayor George R.
Neugent. i\lso present were Roman Gastesi, County i\dministrator; Debbie Frederick,
i\ssistant County i\dministrator; Suzanne Hutton, County i\ttomey; 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 DiGennaro and seconded by Commissioner
Carruthers granting approval of i\dditions, Corrections, and Deletions to the i\genda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Year for 2008 to Tony Gartenmayer, Building
Maintenance Specialist, Facilities Maintenance, Public VV orks Division.
Presentation of Years of Service i\ ward for 15 years of service to Monroe County
to Ludwig "Ski" VVitkowski, Master Electrician, Correction Facilities, Public VVorks
Division.
Presentation of Years of Service i\ ward for 10 years of service to Monroe County
to John Kipp, Sr. Technician Maintenance, Facilities Maintenance, Public VVorks
Division.
Presentation of Mayor's Proclamation declaring the week of i\pri112 through
i\priI18, 2009, as National Library VVeek.
Presentation of Mayor's Proclamation in recognition of i\drian Todd Poitier as an
outstanding member and entrepreneur of the Bahama Village Community of Key VVest
and Monroe County, Florida.
Presentation of Mayor's Proclamation proclaiming i\pril12-l8, 1009 as National
Public Safety Telecommunications VV eek.
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Presentation of Mayor's Proclamation declaring April 2009 as Water
Conservation Month.
Presentation of Mayor's Proclamation recognizing Mayas Motorcycle Safety
Awareness Month.
Presentation of Mayor's Proclamation declaring Tuesday, April 28, 2009 as Equal
Pay Day.
Presentation of Mayor's Proclamation declaring May 1, 2009 as Law Day.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval of Change Order No. 1 for Proposal #MLA VIKWU1 by
Audio Visual Innovations to upgrade video and audio broadcast equipment for MCTV in
the Key West BOCC Chambers and the MCTV Broadcast Studio at the Harvey
Government Center.
Board granted approval to rej ect all bids and to re-advertise for sealed bids for
Rolling Door replacement at the Marathon Garage and the Monroe County Detention
Center on Stock Island.
Board granted approval to exercise the first option to renew the Contract between
Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Big Pine Key Library.
Board granted approval to exercise the first option to renew the Contract between
Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the George Dolezal Library, Marathon, Florida.
Board granted approval to exercise the first option to renew the Contract between
Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Islamorada Library.
Board granted approval to exercise the first option to renew the Contract between
Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Key Largo Library.
Board granted approval to amend the Agreement and exercise the first option to
renew the Contract between Monroe County and U.S. Water Services Corporation for
operation and maintenance of the sewage treatment plant at the Roth Building.
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Board granted conceptual approval to transfer ownership of four (4) County-
owned parcels located within the City of Marathon to the City of Marathon, pending
clearance from the Florida Community Trust.
Board granted approval to accept proposal from Marsh USA, the County's
insurance broker for the Property Insurance package, through quality rated insurance
companies not to exceed $668,991. It is also being requested that authority be granted to
Risk Management to accept an alternative proposal from Marsh if it is believed to
provide equal or superior coverage for a lower premium.
Board granted approval to solicit a Request for Proposals (RFP's) to provide
training services to employees. The training is 100% reimbursable by a grant through
South Florida Workforce.
Board granted approval to advertise Request for Proposals for Janitorial Services
at the Key West International Airport.
Board granted approval of Purchase Service Order 2008-1, for Hangars Wetland
Mitigation Project - Wetlands Monitoring, First Semi-Annual Monitoring Event; and
PSO-2, for Hangars Wetlands Mitigation Project - Wetlands Monitoring Second Semi-
Annual Monitoring Event (SFWMD), Annual Monitoring Event (ACOE), from Feher
Environmental Consulting, Inc.; approval of Invoice 2008.6.1, from Feher Environmental
Consulting, Inc. (PSO 2008-1) in the amount of $4,680.00
Board granted approval to waive Purchasing Policies and Procedures for the
emergency relocation of the Automated Surface Observations System (ASOS) at the Key
West International Airport.
Board granted approval to advertise Request for Proposals for Rental Car
activities at the Teen Center property at Key West International Airport.
Board granted approval to advertise a Request for Proposals for vendor spaces
inside the new and existing passenger terminals at the Key West International Airport.
Board granted approval and authorized execution of Deductive Change Order #2
between Monroe County and The Morganti Group, Inc. to build the new terminal
complex at the Key West International Airport.
Board granted approval to release half of the original 10% retainage to 5% to four
sub-contractors who have reached substantial completion on the Morganti contract for
work at the Florida Keys Marathon Airport.
Board granted approval to release half of the original 10% retainage to 5% to
eleven sub-contractors who have reached substantial completion on the Morganti contract
for work at the Key West International Airport.
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Board granted approval and authorized execution of the Contract for Law
Enforcement and Security Services at Key West International Airport for 2008-2009,
between Monroe County and the Monroe County Sheriffs Office.
Board granted approval and authorized execution of a Lease Amendment between
Monroe County and Coast FBO, LLC, Fixed Base Operator (FBO), at Florida Keys
Marathon Airport.
Board granted approval of the Receipt of Monthly Report on Change Orders
reviewed by the County Administrator's Office. (Said report is incorporated herein by
reference).
Board granted approval to advertise a Request for Proposals for the ADA
Transition Plan as required by Florida State Statute.
Board granted approval and authorized execution of an Award of Agreement for
Art in Public Places between Monroe County and Murals of Baltimore, LLC for artwork
at the Big Pine Key Fire Station.
Board granted approval and authorized execution of an Award of Agreement for
Art in Public Places between Monroe County and Debra Yates for artwork at the Key
West International Airport.
Board granted approval and authorized execution of a Contract between Monroe
County and B & M Construction for the construction of a new fueling facility in
Plantation Key.
Board granted approval and authorized execution of a Local Agency Program
(LAP) Agreement between Monroe County and the Florida Department of Transportation
(FDOT) to provide transportation stimulus funding for the Geiger Creek Bridge Repair
Proj ect.
Board granted approval and authorized execution of a Local Agency Program
(LAP) Agreement between Monroe County and the Florida Department of Transportation
(FDOT) to provide transportation stimulus funding for the Palm Drive (Bay Point) Bridge
Repair Proj ect.
Board adopted the following various Resolutions for the transfer of funds and
receipt of unanticipated funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 098-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 099-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 100-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 101-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 055-2008 (OMB Schedule Item No.5).
RESOLUTION NO. 102-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 103-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 104-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 105-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 106-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.1 0).
RESOLUTION NO. 107-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 108-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 109-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 110-2009
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 111-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 112-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 113-2009
Said Resolution is incorporat~d herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 114-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 115-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 116-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Contract
between Monroe County and Marathon Wild Bird Center, Inc. to reflect the
organization's name correct and legal name, substituting the name "Marathon Wild Bird
Rescue", with the name, "Marathon Wild Bird Center, Inc."
Board granted approval to advertise a Public Hearing for a Budget Amendment
for Fund 207, 2003 Revenue Bonds Debt Service.
Board adopted the following Resolution amending Resolution No. 424-2007
adopted on November 14,2007; providing for changes to the Series 2007 Project; and
providing an effective date.
RESOLUTION NO. 117-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an amendment to Contract
between Monroe County and Buccaneer Courier to add 2 additional courier stops at the
request of the Monroe County Health Department.
Board granted approval and authorized execution of Amendment 006 to the Older
Americans Act (OOA) Contract No. 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 of a recurring expense as required by Florida Statute
409.915; that requires each county to pay a portion of the Medicaid Nursing Home and
Medicaid Hospital payments. Monroe County is required to pay 35% of Medicaid
Hospital payments and $55.00 per month, per client for Medicaid Nursing Home
expenses.
Board granted approval and authorized execution of a Vendor Agreement
between Monroe County In-Home and Nutrition Services and Cathy Clark-Reyes, R.D.,
L.D/N, Newtrition Concepts, Inc. The Alliance for Aging requires Nutrition Programs to
have an on call licensed dietitian in planning and providing nutrition services.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Key West to extend termination date
of Agreement for the Smathers & Rest Beach Renourishment Project - $43,000.00.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Key West to extend termination date
of Agreement for the White Street Rip Rap Installation Project - $73,500.00.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Key West to extend termination date
of Agreement for the Smathers & Rest Beach Renourishment Phase II Proj ect -
$60,876.00.
Board granted approval to advertise a Request for a Fishing Umbrella to act as an
advisory committee to the TDC, making recommendations for the expenditure of
promotional and advertising funds to fishing tournaments and marketing of sport fishing
through Monroe County.
Board granted approval to advertise a Request for Proposal for a Dive Umbrella
to act as an advisory committee to the TDC, making recommendations for the
expenditure of promotional and advertising funds to dive activities throughout Monroe
County.
Board granted approval to advertise a Request for Proposal for a Gay & Lesbian
Visitor Information Services for the Monroe County Tourist Development Council:
District I - encompassing the city limits of Key West.
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DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Restoration Agreement
between Monroe County and the National Audubon Society, Inc. for the restoration of a
freshwater wetland on Big Pine Key.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Key Colony Beach providing funding assistance
from Boating Improvement Funds for costs incurred for dock and seawall repairs at the
7th Street City Hall Annex Dock in the amount of $38,685.00.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Key West providing funding assistance from
Boating Improvement Funds for costs incurred for maintenance at the Garrison Bight
mooring field in the amount of$17,325.00.
Board granted approval and authorized execution of Amendment No. 1 to
Contract between Monroe County and GMR Aerial Surveys to provide the development
of a Geospatial Land Cover Dataset for the Florida Keys.
Board adopted the following Resolution for an exemption of 4, 113 square feet of
non-residential floor area from the Non-Residential Rate of Growth Ordinance (NROGO)
permit allocation system requested by the Craig Company, on behalf of the South Florida
Council of the Boys Scouts of America, pursuant to Policy 101.3.4 of the Year 2010
Comprehensive Plan. The subject parcel is legally described as Westerly Part of
Government Lot 2, Section 32, Township 66 South, Range 30 East, West Summerland
Key, Monroe County, Florida, having real estate number 00106030.000000.
RESOLUTION NO. 118-2009
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
Board granted approval and authorized execution of a Contract between Monroe
County and Government Services Group, Inc. for the Development and Administration of
the Non Ad-Valorem Assessment for Wastewater Service Areas.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of Fiscal Year 2009 recommendations of the Monroe
County Shared Asset Forfeiture Fund Advisory Board. (Said recommendations are
incorporated herein by reference).
Board granted approval to apply for Edward Byrne Justice Assistance Grant
(JAG) for mental health and substance abuse programs; approval for the Sheriff to be
designated as the "signing official" for the funding request and for the Monroe County
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Sheriffs Office to be designated as the Organizational Unit and authorization for the
Sheriff to accept the grant and execute any other required grant documents, if awarded.
Board granted approval and authorized execution of a Consent to Assignment of
Lease of County owned property from Comcast of Califomia/Colorado/Florida/Oregon,
Inc. to Telcom Systems, LTD. This consent to assignment allows Monroe County to
continue to receive the income from the lease.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Neugent's reappointment of Peter Worthington
to the Marine and Port Advisory Committee expiring April 2012.
Board granted approval of Commissioner DiGennaro's reappointment of Donna
Flammang to the Duck Key Security District Advisory Board for a second term.
Board granted approval of Commissioner DiGennaro's appointment of Billy
Wagner to the Duck Key Security District Advisory Board.
COUNTY CLERK
Board granted approval of the following Warrants (104241-104352 & 538386-
539204): Fine & Forfeiture Fund (101), in the amount of$1,548,669.18; TDC District
Two Penny (115), in the amount of$3,225,428.77; TDC Admin. & Promo 2 Cent
(116), in the amount of$204,879.81; TDC District 1,3 Cent (117), in the amount of
$267,816.05; TDC District 2,3 Cent (118), in the amount of$626,580.12; TDC District
3,3 Cent (119), in the amount of$146,997.66; TDC District 4,3 Cent (120), in the
amount of$42,338.25; TDC District 5,3 Cent (121), in the amount of$54,735.64; Gov.
Fund Type Grants (125), in the amount of$74,330.28; Impact Fees Roadways (130),
in the amount of$26,694.80; Impact Fees Parks & Rec (131), in the amount of
$201,491.26; Uninc Svc Dist Parks & Rec (147), in the amount of$52,714.05; Plan,
Build, Zoning (148), in the amount of$152.06; Municipal Policing (149), in the amount
of$49,272.56; 911 Enhancement Fee (150), in the amount of$22,103.52; Duck Key
Security (152), in the amount of$464,613.92; Local Housing Assistance (153), in the
amount of$136,531.67; Boating Improvement Fund (157), in the amount of$3,614.60;
Misc. Special Revenue Fund (158), in the amount of$109,968.07; Environmental
Restoration (160), in the amount of$9,124.41; Law Enforcement Trust (162), in the
amount of$71,968.88; Court Facilities Fees-602 (163), in the amount of$3,710.54;
Drug Abuse Trust (164), in the amount of$18,928.92; Marathon Municipal Service
(166), in the amount of$385.50; Bay Point Wastewater MSTU (168), in the amount of
$1.50; Stock Island Wastewater (171), in the amount of$75.08; Long Key, Layton
MSTU (175), in the amount of$445.80; 1 Cent Infra Surtax (304), in the amount of
$3,388.70; 2003 Revenue Bonds (307), in the amount of$92,593.20; Big Coppitt
Wastewater Pr (310), in the amount of$94,959.93; Duck Key Wastewater (311), in the
amount of$315,282.19; Card Sound Bridge (401), in the amount of$552,324.68; Key
West IntI. Airport (404), in the amount of$13,086.15; KW AlP Series 2006 Bonds
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(405), in the amount of$194,140.64; MSD Solid Waste (414), in the amount of
$223,988.21; Worker's Compensation (501), in the amount of$805,683.62; Group
Insurance Fund (502), in the amount of$I,065,101.00; Risk Management Fund (503),
in the amount of$48,045.06; Fleet Management Fund (504), in the amount of
$394,902.50; Law Enforcement Trust Fund (600), in the amount of $99,462.56; Court
Facilities Fees (602), in the amount of$113,415.57; Fire&EMS LOSAP Trust Fund
(610), in the amount of$I,200.00.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. (Said list is incorporated herein by reference).
Board granted approval of the following Tourist Development Council
Expenditures for the month of March, 2009: Advertising, in the amount of$891,659.83;
Bricks & Mortar Proj ects/Interlocals, in the amount of $15,318.19; Events, in the amount
of$127,959.57; Office Supplies & Operating Costs, in the amount of$19,935.36; Public
Relations, in the amount of$77,325.05; Sales & Marketing, in the amount of $62,694. 12;
Telephone & Utilities, in the amount of$25,754.33; Travel, in the amount of$17,846.35.
COUNTY ADMINISTRATOR
Board granted approval to rescind the Interlocal Agreement between Monroe
County and Islamorada, Village of Islands to share the costs of federal and state lobbyist
services to advocate for funding on the subject of wastewater and other infrastructure
projects in the Florida Keys, and authorized execution of a new version of the
Agreement.
Board adopted the following Resolution in support of Eco-Mariner, an
educational course designed to help boaters and anglers enjoy and preserve Florida Bay.
RESOLUTION NO. 119-2009
Said Resolution is incorporated herein by reference.
Board granted approval to rescind Agreement between Monroe County and
Congresswoman Ileana Ros- Lehtinen approved by the BOCC on March 18, 2009 (Item
07) to provide office space at the Murray E. Nelson Government and Cultural Center in
Key Largo, FL and granted approval and authorized execution of a revised Agreement
and District Office Lease Attachment subsequently presented by the Congresswoman's
District Office for approval by the BOCC.
COUNTY ATTORNEY
Board granted approval to advertise and hold a Public Hearing to consider
approval of a County Ordinance to strengthen "Whistleblower" protection policies for
County employees.
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Board granted approval and authorized the Mayor to execute a Quit Claim Deed
to Islamorada, Village of Islands for an Unnamed Road, a 20 foot Access Road Dedicated
Across Plat of Survey of Roger L. and Sarah Albury and Alec DeBrocq Property, platted
at PB 2, p. 51, excepting that portion previously abandoned by Monroe County
Resolution No. 106-1981, with any recording fees to be borne by the Village.
Board granted approval and authorized execution of an Agreement for Consulting
Services between Monroe County and Reid Ewing, regarding hurricane evacuation.
Board granted approval of payment of$61,353.00 to Ferencik, Libanoff, Brandt,
Bustamante & Williams, P.A. for legal services provided on behalf of Monroe County in
the matter of Monroe County v. Bender & Associates, etc./D.L. Porter Constructors, Inc.
v. Bliss-Cashier Metal Products, Inc., Case No. 03-CA-915-K.
Board ratified and authorized approval of a Contract between West Publishing
and the County Attorney's Office, in the amount of$29,717.52.
Board granted approval and authorized execution of a Lease between Monroe
County and Tropical Watersports, LLC for a watersports equipment rental concession on
Clarence S. Higgs Memorial Beach.
Board adopted the following Resolution to extend the default date for the SHIP
mortgage issued to Woods Comer.
RESOLUTION NO. 120-2009
Said Resolution is incorporated herein by reference.
Board accepted the presentment of a petition requesting a referendum for the
establishment of a special neighborhood improvement district as provided in S. 163.511,
F.S. & S. 9-1 MCC. No official action required.
Motion carried unanimously.
COUNTY CLERK
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to reopen the agenda. Motion carried unanimously. Motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro granting official
approval of the BOCC meeting minutes from the Special meetings of February 4 & 27,
2009 and Regular meeting of February 18, 2009 (previously distributed). Motion carried
unanimously.
MISCELLANOUS BULK APPROVALS
The Board discussed approval to pay $257,723 for a renewal premium to Citizens
Property Insurance Corporation for a Windstorm Insurance Policy. After discussion,
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motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval of the item. Motion carried unanimously.
The Board discussed approval of an Award of Bid and Contract between Monroe
County and Hi-Lite Markings, Inc., for Runway and Taxiway Pavement Marking at the
Key West International Airport. Peter Horton, Airports Director discussed the matter.
After discussion, motion was made by Mayor Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of the item. Motion carried
unanimously.
The Board discussed approval of an Award of Bid and Contract between Monroe
County and Weathertrol Maintenance Corporation for the HV AC Equipment
Replacement Project at the Florida Keys Marathon Airport, in the total amount of
$466,111. Peter Horton, Airports Director discussed the matter. After discussion,
motion was made by Commissioner DiGennaro and seconded by Mayor Neugent
granting approval of the item. Motion carried unanimously.
STAFF REPORTS
Airports - Peter Horton, Airports Director updated the Board concerning issues
that need to be worked out at the new airport terminal project which opened on February
25, 2009. Mr. Horton also discussed the incident which occurred at the airport on April
3, 2009 when an airplane was not able to get its' landing gear down and indicated that the
owner of the plane wanted to make a donation to the county for its' assistance. A
donation was made to the Salvation Army in the amount of$I,OOO.
COUNTY ATTORNEY
The Board discussed two versions of a Resolution to adopt a Fee Waiver Policy
for Trauma Star billing. Suzanne Hutton, County Attorney and James Callahan, Fire
Chief discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to postpone the item until the
Board's meeting of May 21,2009 in Key Largo. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item concerning a Resolution
establishing an Emergency Medical Transportation Task Force for the purpose of
identifying existing needs and gaps in services; procedures for improving communication
regarding trauma emergencies, and the possible establishment of a coordinated medical
transport system by private, public or combination of service providers. The following
individual addressed the Board: William Wagner, representing Islamorada, Village of
Islands & the City of Marathon addressed the Board. After discussion, Commissioner
Carruthers advised the Board she was pulling her item and that she would revise it based
on some of today's input and bring it back before the Board.
,~RE'VdSION
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STAFF REPORTS
Growth Management Division - Andrew Trivette, Division Director requested
that a Special Board Meeting be called on July 13, 2009 at the Marathon Government
Center at 10:00 a.m. for the transmittal of the 09/02 Comprehensive Plan Package to be
submitted to DCA for their review. The Board granted approval of the meeting and
agreed to move the budget meeting originally scheduled in Key West on this date at 2:00
p.m. to Marathon as well. Mr. Trivette advised the Board that his Staff will be meeting
on Friday, April 17, 2009 at the Murray E. Nelson Government & Cultural Center to
address the customer service watch. The staff meeting is expected to be all day.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a response letter from the County Administrator to the City
of Marathon declining the request to transfer governmental jurisdiction of the Florida
Keys Marathon Airport. The following individual addressed the Board: Councilman
Dick Ramsey, representing the City of Marathon. Peter Horton, Airports Director
discussed the matter. After discussion, the Board requested for Peter Horton, Airports
Director; Roman Gastesi, County Administrator; and Reggie Paros, Florida Keys
Marathon Airport Manager sit with Councilman Ramsey and prepare a document
concerning matters that take place at the Florida Keys Marathon Airport and bring back
to the BOCC for approval. In addition, the Board requested that the City of Key West be
invited as well for matters that take place at the Key West International Airport.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Wigington's item concerning a Resolution of
the Monroe County Board of County Commissioners removing 2 members of the Monroe
County Planning Commission; appointing or re-appointing 2 new members to vacant
seats; directing the Growth Management Division to proceed with an amendment to
Section 102-20 of the Monroe County Code to establish Planning Commission member
terms commensurate to that of the sponsoring member of the Board of County
Commissioners. Suzanne Hutton, County Attorney discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to adopt the following Resolution, including the direction to the County
Attorney. Christine Russell addressed the Board. Roll call vote was unanimous.
RESOLUTION NO. 120a-2009
Said Resolution is incorporated herein by reference.
*
Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to remove the existing appointment to and replace the appointment with Denise
Werling. Roll call vote was unanimous.
The Board discussed Commissioner Wigington's item concerning the appointment
of Sherry Phillips to the Affordable Housing Advisory Committee representing the
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Residential Home Building Industry. The following individual addressed the Board:
Pauline Klein. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
The Board discussed Commissioner Carruthers' item concerning direction to Staff
to develop projects at Higgs Beach for which the TDC DAC 1 Special Beach Fund can be
used, and that since the fund was established and set aside for DAC 1 in years past, that
the proposed projects not be subject to the annual TDC Capital Projects RFP process.
Dent Pierce, Public Works Director discussed the matter. The following individuals
addressed the Board: Virginia Panico, representing the Key West Chamber of
Commerce; Sloan Bashinsky, and Kay Thacker. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of
the item. Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to reopen the agenda. Motion carried unanimously. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers to add to the
agenda an item to replace a Planning Commissioner who just resigned. Roll call vote
was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington Yes
Motion failed due a required unanimous commission vote to add an item to the agenda.
COUNTY ATTORNEY
The Board discussed approval to advertise a Public Hearing for an Ordinance
creating Section 2-429 of the Monroe County Code, a code of ethics for members of
advisory or quasi-judicial boards; providing for severability; providing for the repeal of
all ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinance; and providing an effective date. The following individual addressed
the Board: Virginia Panico, representing Key West Chamber of Commerce. Suzanne
Hutton, County Attorney discussed the matter and offered the following revised language
to subsection (a): No members of any board performing quasi-judicial or advisory
functions shall vote in an official capacity on any matter which will inure to his or her
private gain or loss, or which the member knows will inure to the private gain or loss of a
relative or a business entity with which the member is affiliated through ownership,
contract, employment, compensated or non-compensated service as an officer or member
of board of directors. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Murphy granting approval to advertise the Ordinance,
with the revised language as discussed by the County Attorney. Motion carried
unanimously.
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WASTEWATER ISSUES
Elizabeth Wood, Sr. Administrator - Sewer Projects updated the Board
concerning the written document - Engineering Division - Wastewater Projects - March
2009 Status Report - April 15, 2009.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for March, 2009. In addition, Mr. Gastesi discussed
the strategic plan, survey and feedback from the communities; upcoming trip to
Washington, DC; legislative package; financial issues at the School Board and the
internal controls in the county; and the Cuba Symposium held earlier in the month.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Murphy's item concerning a Resolution
renaming the Green Building Code Task Force to the Green Initiative Task Force;
changing that the recommendations be made to the Board of County Commissioners,
rather than the Building Department, and that the Task Force provide recommendations
not on local technical amendments but on green standards for implementation in Monroe
County to improve local quality of life and create a more efficient government. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 121-2009
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed an earlier request from a public
speaker concerning a request for a clothing optional beach at Higg's Beach or another
location in the county and if the Board would like for her to move forward on the matter.
Ms. Hutton discussed the Navy noise issue between the County and Navy and that
she received a verbal proposal which will need to be put in writing in the form of a
Memorandum of Understanding for a facilitator/mediator who specializes in conflict
resolution type services in the approximate amount of $10,000 - the County and Navy
would each pay half. The special public meeting is scheduled to be held on May 12,
2009.
Ms. Hutton informed the Board that the Galleon Bay and Collins litigation have
been reassigned new judges. Ms. Hutton briefly discussed the litigation concerning Mary
Vanden Brook v. Tegan Slaton, case number 08CA-1912K.
86
The Board discussed approval to advertise and hold a Public Hearing to consider
approval of a County Ordinance amending Section 22-1 OO(b) of the Monroe County
Code to provide a $225 fee for business taxes. Suzanne Hutton, County Attorney
discussed the matter and explained that there is a change from chapter to article in the
code for the business license tax. Motion was made by Commissioner Murphy and
seconded by Commissioner DiGennaro granting approval to advertise the item. Motion
carried unanimously.
Commissioner DiGennaro excused himself from the meeting.
Suzanne Hutton, County Attorney requested the scheduling of a Closed Executive
Session of the Board of County Commissioners in the matter of Roy's Trailer Park, Inc.
v. Monroe County, CA K 07-1505 during its regular meeting scheduled for May 20,2009
in Key Largo. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures. Present at
the meeting will be the Commission, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant
County Attorney Susan Grimsley, Assistant County Attorney Cynthia Hall, Assistant
County Attorney Lisa Granger and a certified court reporter. Motion was made by
Commissioner Wigington and seconded by Commissioner Carruthers to hold the session
on May 20, 2009 at 1 :30 P.M. in Key Largo. Motion carried unanimously, with
Commissioner DiGennaro not present.
Commissioner Murphy excused herself from the meeting. Commissioner
Di Gennaro returned to the meeting and took his seat.
The Board discussed approval of Amendment No.1 to Ground Lease between
Monroe County and Overseas Redevelopment Company, LLC for an affordable housing
project at Flagler Village. Suzanne Hutton, County Attorney discussed the matter. The
following individual addressed the Board: Tim Koenig, Esq. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Carruthers
granting approval and authorizing execution of the item. Motion carried unanimously,
with Commissioner Murphy not present.
The Board discussed authorization for the County Attorney's Office to take all
steps necessary to defend the County's interests in Michael C. Addison and Richard T.
Petitt v. City of Tampa, Case No. 03-5425, including opting out of any defendants class.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting
approval of the item. Motion carried unanimously, with Commissioner Murphy not
present.
Commissioner Murphy returned to the meeting and took her seat.
87
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution amending the
Planning and Environmental Resources fee schedule by changing the fee for a Beneficial
Use Determination. There was no public input. Andrew Trivette, Growth Management
Director and Chief Assistant County Attorney Bob Shillinger discussed the matter. After
discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Murphy to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 122-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider the Issuance of Certificate or Public
Convenience and Necessity (COPCN) to City of Marathon - Fire Rescue for the
operation of an ALS transport ambulance service for the period April 15, 2009 through
April 14, 2011. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner Wigington granting approval and authorizing execution
of the item. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 2-1 79( c), Monroe County Code allowing an exception to the prohibition against
staff attorneys performing outside legal services in very limited circumstances - for
family members when there is no conflict with job duties, on a case-by-case basis upon
specific approval by BOCC. There was no public input. Suzanne Hutton, County
Attorney discussed the matter. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 009-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 23-85( c) to include yearly rentals and all residential rentals regardless of form of
ownership. There was no public input. Suzanne Hutton, County Attorney and Bob
Shillinger, Chief Assistant County Attorney discussed the matter. After Discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 010-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance prohibiting the
sale of merchandise in the rights-of-way within Monroe County. There was no public
input. Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to adopt the following Ordinance. Motion carried unanimously.
88
ORDINANCE NO. 011-2009
Said Ordinance is incorporated herein by reference.
MISCELLANEOUS
Suzanne Hutton, County Attorney explained the process for presentment of a
petition which requests a referendum for the establishment of a special neighborhood
improvement district as provided in S. 163.511, F.S. & S. 9-1 MCC.
J ames Callahan, Fire Chief advised the Board that there was another fire at the
Cheeca Lodge and advised that there was numerous units responding.
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
.Ib~C. ~
Isabel C. DeSantis, Deputy Clerk
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