06/17/2009 Regular
119
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 17,2009
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 Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia
Murphy, Commissioner Kim Wigington, and Mayor George R. Neugent. Also present were
Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee Service Award for the month of February 2009, to Petey
Griffin, Assistant Maintenance Technician, Florida Keys Marathon Airport.
Presentation of Employee Service Award for the month of January to Tiffany
Stankiewicz, Development Administrator, Planning and Environmental Resources Department.
Presentation of Employee Service Award for the month of April to Bryan Davisson, GIS
Planner, Growth Management Division.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval to award bid and authorized execution of an Agreement between
Monroe County and Ferrara Fire Apparatus, Inc., in the amount of$302,550.00 for the purchase
of one 3000 gallon Tanker with 1500 GPM pump.
Board granted approval to advertise for sealed bids for the maintenance of Monroe
County Fire Rescue's fire apparatus, including preventative maintenance, unscheduled
maintenance and annual pump testing.
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Board granted approval and authorized execution of Amendment 001 to Contract AA-
929 between Monroe County Social Services and the Alliance for Aging, which changes the unit
rate and the number of service units for Nutrition Education. The total amount of funding for
Nutrition Education remains the same.
Board approved ratification of an application for funds under the American Recovery &
Reinvestment Act. The projected funding available is $63,000 which if awarded to Monroe
County, would be used to serve additional congregate and home delivered meals to clients of the
Nutrition Program.
Board granted approval and authorized execution of the Alzheimer's Disease Initiative
(ADI) Contract KZ-997 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/In-Home Services) for Fiscal
Year 7/1/09 to 6/30/1 O.
Board granted approval and authorized execution of the Community Care for the Elderly
(CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/In-Home Services) for Fiscal
Year 7/1/09 to 6/30/10.
Board granted approval and authorized execution of the Home Care for the Elderly
(HCE) Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/In-Home Services) for Fiscal
Year 7/1/09 to 6/30/1 O.
Board granted approval and authorized execution of Amendment 001 to the Community
Care for Disabled Adults (CCDA) Contract KG-061 (1/1/09-6/30/10) between the Florida
Department of Children & Families and the Monroe County Board of County Commissioners
(Social Services/In-Home Services).
Board granted approval (to continue) and authorized execution of a Contract between
Monroe County and S.T.E.P.S in the Right Direction, Inc., a 501(c)(3) home health agency, to
provide direct in-home services for the elderly and disabled as provided under grants to Monroe
County from the Alliance for Aging (e.g., CCE and OAA) and the Department of Children &
Families (e.g., CCDA).
Board granted approval to advertise a Request for Qualifications for the Key West
International Airport Implementation of Noise Insulation Program (NIP) Consultant.
Board adopted the following Resolutions for the Transfer of Funds and the Receipt of
Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 161-2009
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 162-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 163-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 164-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 165-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 166-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 167-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 125-2009 (OMB Schedule Item No.8).
RESOLUTION NO. 168-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 126-2009 (OMB Schedule Item No.9).
RESOLUTION NO. 169-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 170-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 171-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 172-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 173-2009
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 174-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 175-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment #2 to the Hosted
Application Service Agreement between Monroe County and Sarasota County for licensing,
hosting and support of the Gov Max software. The amendment extends the Contract to May 31,
2010. Sarasota County is a sole source provider.
Board granted approval to ratify submission of a Grant Application for funding assistance
for the Residential Substance Abuse Treatment (RSA T) Program through the Florida Department
of Law Enforcement.
Board adopted the following Resolution authorizing the submission of the Consolidated
Small County Solid Waste Management Grant Application to the Florida Department of
Environmental Protection (DEP) for Fiscal Year 2009/2010.
RESOLUTION NO. 176-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a 2nd Amendment to Agreement
with Government Services Group, Inc. for Consulting Services for Monroe County Solid Waste
Assessment Support and., to produce and mail the statutorily required first class notices for
proposed residential rate increases per Appendix B of the original Contract.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Sweetwater Environmental Inc. to transfer, collect, store, treat, transport,
and dispose of sludge/septage generated within Monroe County.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Smith Industries, Inc. d/b/a Smith Fence Company for security fencing
improvements - Plantation Key & Marathon jails.
Board granted approval for Culver's Cleaning Company to continue to provide janitorial
services for the Florida Keys Marathon Airport on a month-to-month basis.
Board granted approval to terminate the Lease and Concession Agreement between
Monroe County and The Hertz Corporation at the Florida Keys Marathon Airport effective June
21, 2009, and granted approval to advertise a Request for Proposals for space being vacated.
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Board granted approval for Synagro Southeast, Inc. to continue to operate and maintain
the sewage treatment plant at the Florida Keys Marathon Airport on a month to month basis.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Antique Aircraft Restoration, Inc. to rent old Mosquito Control hangar and facilities;
rent is $3,500 per month.
Board granted approval to advertise a Request for Qualifications (RFQ) for on call
engineering services for various projects on an ongoing basis.
Board granted approval for the installation of a streetlight at the intersection of US 1 and
Dobie Street, Summerland Key.
Board granted approval of the receipt of Monthly Report on Change Orders reviewed by
the County Administrator's Office for the period of 05/01/09 - 05/31/09.
Board granted approval and authorized execution of a Contract between Monroe County
and Native Construction Contracting, Inc. for replacement of the boat ramp and docks at Sunset
Point Park.
Board granted approval and authorized execution of a one year Extension of Term for
BBMA Agreement #FL03-F871-00 between Monroe County and AT&T for regulated services
relating to the County's phone and data networks.
Board granted approval and authorized execution of an Amendment to Agreement to
extend the current contract between Monroe County and Goodman-Gable-Gould Adjusters
International to provide Insurance Adjusting Claim Services, until August 1, 2009.
Board granted approval of the wording on the dedication plaque for the Big Pine Key
Fire Station No. 13.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Chamber of Commerce to exercise option to extend
Agreement for Visitor Information Services to September 30, 2011.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Lower Keys Chamber of Commerce to exercise option to extend
Agreement for Visitor Information Services to September 30, 2011.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Marathon Chamber of Commerce to exercise option to extend
Agreement for Visitor Information Services to September 30, 2011.
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Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Islamorada Chamber of Commerce to exercise option to extend
Agreement for Visitor Information Services to September 30,2011.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key Largo Chamber of Commerce to exercise option to extend
Agreement for Visitor Information Services to September 30, 2011.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Monroe Council of the Arts Corporation, d/b/a Florida Keys
Council of the Arts to exercise option to extend Agreement for two additional years to
September 30, 2011 and to show recommendation committee members.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Schooner Western Union Preservation Society, Inc. to revise
Exhibit A of the Schooner Western Union Maritime Museum Refit project in an amount not to
exceed $405,000, DAC I, FY 2009 Capital Resources.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund:
$500.00 Florida Missing Children's Day: statewide, law enforcement sponsored
event. To help raise statewide awareness in the prevention of child abduction and sexual
exploitation.
$1,000.00 Key West High School- these funds will be used to provide a safe drug
and alcohol free celebration to recognize the achievements of our graduating seniors.
$1,000.00 Marathon High School - these funds will be used to provide a safe drug
and alcohol free celebration to recognize the achievements of our graduating seniors.
$1,000.00 Coral Shores High School- these funds will be used to provide a safe drug
and alcohol free celebration to recognize the achievements of our graduating seniors.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Carruther's appointment of Sandra Walters to
the Marine & Port Advisory Committee.
Board granted approval to waive park entrance fees for individuals from the Florida Keys
National Marine Sanctuary for a beach cleanup at Harry Harris Park on July 25,2009.
COUNTY CLERK
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Board granted official approval of the BOCC minutes from the Special Meeting of May
12, 2009 and Regular Meeting of May 20, 2009 (previously distributed).
Board granted approval of the following Warrants (104461-104525 & 540244-541062):
Fine & Forfeiture Fund (101), in the amount of$I,694,236.33; TDC District Two Penny
(115), in the amount of $669,084.30; TDC Admin. & Promo 2 Cent (116), in the amount of
$152,083.14; TDC District 1,3 Cent (117), in the amount of$260,714.69; TDC District 2,3
Cent (118), in the amount of$I,384,615.27; TDC District 3,3 Cent (119), in the amount of
$254,979.37; TDC District 4,3 Cent (120), in the amount of$58,192.54; TDC District 5,3
Cent (121), in the amount of$37,212.45; Gov. Fund Type Grants (125), in the amount of
$318,100.48; Impact Fees Roadways (130), in the amount of$202,177.20; Impact Fees Parks
& Rec (131), in the amount of $83,368.38; Uninc Svc Dist Parks & Rec (147), in the amount of
$124,424.56; Plan, Build, Zoning (148), in the amount of$12,789.03; Municipal Policing
(149), in the amount of$44,363.99; 911 Enhancement Fee (150), in the amount of$33,482.27;
Duck Key Security (152), in the amount of$I,904.81; Local Housing Assistance (153), in the
amount of$90,223.68; Boating Improvement Fund (157), in the amount of$3,872.30; Misc.
Special Revenue Fund (158), in the amount of$179,799.50; Environmental Restoration
(160), in the amount of$5,659.76; Law Enforcement Trust (162), in the amount of$53,180.99;
Court Facilities Fees-602 (163), in the amount of $2,803.84; Drug Abuse Trust (164), in the
amount of$7,677.59; Cudjoe-SugarloafMSTU (172), in the amount of$139,900.23; Conch
Key MSTU (174), in the amount of $4,238.93 Long Key, Layton MSTU (175), in the amount
of $1 00.71; 1 Cent Infra Surtax (304), in the amount of $1 ,228.31; 2003 Revenue Bonds
(307), in the amount of$6,150.84; Big Coppitt Wastewater Pr (310), in the amount of
$215,930.01; Duck Key Wastewater (311), in the amount of$I,069,697.37; Card Sound
Bridge (401), in the amount of$3,076,656.72; Key West IntI. Airport (404), in the amount of
$20,241.50; KW AlP Series 2006 Bonds (405), in the amount of$119,313.50; MSD Solid
Waste (414), in the amount of$I,491,366.73; Worker's Compensation (501), in the amount of
$831,592.44; Group Insurance Fund (502), in the amount of $607,425.64; Risk Management
Fund (503), in the amount of$11,374.16; Fleet Management Fund (504), in the amount of
$304,284.68; Law Enforcement Trust Fund (600), in the amount of $275,908.95; Court
Facilities Fees (602), in the amount of$94,618.59; Fire&EMS LOSAP Trust Fund (610), in
the amount of $1 ,200; Various Funds, in the amount of -$17,319.24.
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 May, 2009: Advertising, in the amount of$2,098,508.53; Bricks & Mortar
Projects/Interlocals, in the amount of$57,457.63; Visitor Information Services, in the amount of
$41,519.00; Events, in the amount of$80,015.97; Office Supplies & Operating Costs, in the
amount of$25,289.59; Personal Services, in the amount of$95,680.01; Public Relations, in the
amount of$16,939.03; Sales & Marketing, in the amount of$81,358.96; Telephone & Utilities,
in the amount of$12,925.43; Travel, in the amount of$5,620.87.
COUNTY ADMINISTRATOR
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Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Early Learning Coalition of Miami-Dade /Monroe to provide office space at the Gato
Building, 1100 Simonton Street, Key West.
Board granted approval and authorized execution of the Second Amendment to
Agreement between Monroe County and Tew Cardenas, LLP removing the City of Key West
and Islamorada, Village of Islamorada from the Agreement.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item concerning approval of authority for the
Mayor to send a letter to Keys Energy Services stating that Monroe County has no objection to
use of No Name Key County bridge and No Name Key County rights of way for placement of
electrical lines provided that any obstruction, whether permanent or temporary, to said bridge
and rights of way, or any physical changes there to are coordinated with the Engineering
Department in compliance with County ordinances regarding its roads and bridges and that Keys
Energy will maintain lines and whatever structural supports they install to support their lines.
Suzanne Hutton, County Attorney discussed a 1951 Resolution granting the City of Key West,
Florida permission to use the right-of-way of certain public streets, roads, bridges and/or
highways in Monroe County, Florida. The following individuals addressed the Board: Jim
Newton, John D. Morris II, Charles Bone, John J. Sandroni, Kristie Killam, Kathy Brown and
Donald Craig, representing the No Name Key Property Owner's Association; Beth Ramsay-
Vickrey, Alicia Roemmele Putney, representing the Solar Community of No Name Key; Mick
Putney, Jan Scanlon, Bob Reynolds, Dave Eaken and Diane Beruldson. The Clerk was provided
written material for the record from several speakers concerning the matter at hand. After
discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Neugent to
approve the item. Ms. Hutton read into the record a letter dated December 1, 1998 from James J.
Slack, Project Leader, South Florida Field Office - United States Department of the Interior.
Drew Trivette, Growth Management Director discussed the matter. Roll call vote was taken with
the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent Yes
Motion failed. After further discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner DiGennaro directing Staff to bring back to the Board a report
regarding the issues that have been raised today in terms of preservation of the character of the
island, input from the Fish and Wildlife, what was known about the 1951 resolution, the 2003
case, and what the potential liabilities on either side of this decision are to the county. Roll call
vote was taken with the following results:
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Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent No
Motion carried.
COUNTY ATTORNEY
The Board discussed a Resolution in support of renaming West Summerland Key to
"Scout Key". The following individuals addressed the Board: Donald Craig, and Matt Vercher,
representing Boy Scouts, South Florida Council. Bob Shillinger, Chief Assistant County
Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers to adopt the following Resolution. Roll call vote was
taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent Yes
Motion carried.
RESOLUTION NO. 178-2009
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS/AIRPORT
The Board discussed Mayor Neugent's item concerning Marathon Airport issues as
proposed by Mr. Dick Ramsey in an Interlocal Agreement between Monroe County and the City
of Marathon. The following individuals addressed the Board: Councilman Dick Ramsey,
representing the City of Marathon; John Herrin, counsel to the City of Marathon; and Marv
Schindler. Peter Horton, Director of Airports; Pedro Mercado, Assistant County Attorney;
Reggie Paros, Marathon Airport Manager; and Roman Gastesi, County Administrator discussed
the matter. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy to not approve the proposed Interlocal Agreement. Roll call vote was
unanImous.
The Board discussed runway issues at the Florida Keys Marathon Airport. Reggie Paros,
Marathon Airport Manager indicated to the Board that the county's airport technical consultants
have requested a date and time to conduct an informational presentation to discuss the runway
extension and runway relocation. The Board referred this request to Staff to hear at a Workshop
or Special Meeting. Mr. Paros also indicated that the FAA requested the initiation of an
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application to conduct an environmental assessment. The Board directed Staff to transmit the
grant application for same.
GROWTH MANAGEMENT
A presentation was made by Trish Smith, representing the Florida Department of
Environmental Protection (FDEP) regarding projects under construction throughout the Florida
Keys Overseas Heritage Trail. Roman Gastesi, County Administrator discussed the matter. The
Board took no official action.
The Board discussed a First Amendment to the Ground Lease Agreement between the
Monroe County Board of County Commissioners and Islander Village, LLC to extend the time
for the completion of the construction of the Affordable Housing Units by 18 months. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval and authorizing execution of the item, with direction to Staff that
the county's oversight be tightened. The following individual addressed the Board: Ed Swift.
Suzanne Hutton, County Attorney discussed the matter. Roll call vote was unanimous.
CLOSED SESSIONS
Suzanne Hutton, County Attorney announced a Closed Executive Session of the Board of
County Commissioners was held in the matter of Monroe County v. Marcia Turner and Garabet
Khatchikian, Case No. 07-CA-l0l-M and Monroe County v. Khatchikian and Turner, Code
Enforcement Case No. CE06120166 (Monroe County Circuit Court Case No. 07-CA-319-K).
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County
Attorney CYnthia Hall, Assistant County Attorney Lisa Granger and a certified court reporter.
Suzanne Hutton, County Attorney announced a Closed Executive Session of the Board of
County Commissioners to discuss collective bargaining with the Teamsters, Local 769. The
current collective bargaining agreement with the Teamsters ends on September 30,2009. The
negotiating team representing the employee is requesting this session in order to get direction
from the Board.
COUNTY ATTORNEY
The Board discussed the mitigation of fines in the matters of (a) Monroe County, Florida
v. Marcia Turner and Garabet Khatchikian, Case No. 07-CA-l0l-M and (b) Monroe County v.
Khatchikian and Turner, Code Enforcement Case No. CE06120166 (Monroe County Circuit
Court Case No. 07-CA-319-K). The following individual addressed the Board: Patricia Silver,
representing Garabet Khatchikian. Mr. Garabet Khatchikian was sworn in by Danny L. Kolhage,
Clerk of Court and answered questions posed by the Board. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner DiGennaro to fine Mr. Khatchikian
the amount of $10,000 to be paid in 90 days or closing, whichever comes first. Motion carried
unanimously.
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WASTEWATER ISSUES
Liz Wood, Sr. Administrator - Wastewater Projects discussed status of the Big Coppitt
and Duck Key projects. Ms. Wood also discussed the written document - Engineering Division-
Wastewater Projects - May, 2009 Status Report - June 17, 2009.
The Board discussed a Memorandum of Agreement between Monroe County, the Florida
Department of Health, the Monroe County Health Department and the Florida Keys Aqueduct
Authority to work together to upgrade on-site sewage treatment and disposal systems (OSTDS)
in that portion of unincorporated Monroe County where Monroe County is responsible for
funding central wastewater systems. Suzanne Hutton, County Attorney and Drew Trivette,
Growth Management Director discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the
item. After consideration, the motion was amended to approve the Memorandum of Agreement
upon the provision of the Mayfield Grant and approval of the one cent sale tax. After
consideration, the item was continued until later in the meeting.
The Board discussed a Resolution confirming the intended wastewater service areas as
either centralized or decentralized, and clearly showing non-service areas within Monroe County
and the Florida Keys Aqueduct Authority Wastewater jurisdictional areas. The following
individuals addressed the Board: Alicia Putney, Donald Craig, representing No Name Key
Property Owners Association; Bob Reynolds, representing No Name Key; Hallett Douville, and
Kerry Shelby, Deputy Executive Director of the Florida Keys Aqueduct Authority. Drew
Trivette, Growth Management Director discussed the matter. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Carruthers to accept the Preliminary
Map of the Monroe County, Florida Wastewater Service Areas. Said document is incorporated
herein by reference. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent No
Motion carried.
RESOLUTION NO. 179-2009
Said Resolution is incorporated herein by reference.
The Board returned to the item concerning a Memorandum of Agreement between
Monroe County, the Florida Department of Health, the Monroe County Health Department and
the Florida Keys Aqueduct Authority to work together to upgrade on-site sewage treatment and
disposal systems (OSTDS) in that portion of unincorporated Monroe County where Monroe
County is responsible for funding central wastewater systems. Suzanne Hutton, County Attorney
indicated that the following wording be inserted at the very beginning of the sentence with the
remainder to read the same:
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Page 4, C. MC AGREES: 1. Upon commencement of construction of the Cudioe
Regional Central Wastewater System.
Mayor Neugent included the County Attorney's wording as an amendment to the original
motion with the maker accepting. Upon further discussion, the above motion was withdrawn by
the maker and second. Motion was then made by Commissioner DiGennaro and seconded by
Commissioner Murphy to not approve the Memorandum of Agreement. Motion carried
unanimously. Roman Gastesi, County Administrator suggested that the Board have a
W astewater Workshop on the item.
Mayor Neugent and Commissioner DiGennaro excused themselves from the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution for Unanticipated Funds
for a Budget amendment for Fiscal Year 2009 Key West International Airport Fund #404, new
Fund #406 Passenger Facility Charge, and Marathon Airport Fund #403. There was no public
input. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously, with
Commissioner DiGennaro and Mayor Neugent not present.
RESOLUTION NO. 180-2009
Said Resolution is incorporated herein by reference.
Mayor Neugent and Commissioner DiGennaro returned to the meeting and took their
seats.
A Public Hearing was held to consider adoption of an Ordinance regarding preference to
local businesses in bidding procedures. The Board accepted public input with the following
individuals addressing the Board: Jackie Harder, representing the Key Largo Chamber of
Commerce; Chris Gratton, representing the Florida Keys Contractors Association; and Rudy
Krause. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the
following Ordinance, to be effective on October 1,2009. Roll call vote was unanimous.
ORDINANCE NO. 023-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Monroe
County Code Chapter 12, Article II providing for five (5) district advisory boards to correspond
with commission districts and revising the composition of the Beach and Shore Preservation
Authority District's Advisory Boards. Their was no public input. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Wigington to deny the item.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by
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Commissioner Murphy and seconded by Commissioner Murphy to not approve the Ordinance.
After consideration, the item was withdrawn.
The first of two Public Hearings was held to consider adoption of an Ordinance amending
Section 4-70, Monroe County Code providing for the limiting of chaining and tethering dogs.
The Board accepted public input with the following individuals addressing the Board: Linda
Gottwald, representing Stand Up for Animals, Inc.; Connie Christian and Jane Dawkins,
representing Florida Keys SPCA.
A Public Hearing was held to consider adoption of a Resolution approving the request for
Administrative Relief made by Brooks W. & Susan R. Thommes for property described as Lot
33 & Pt Lot 34, Block 3, Cudjoe Gardens 2nd Addition, Cudjoe Key, RE#00173760.000000 &
00173780.000100 in the form of one (1) dwelling unit allocation award. There was no public
input. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy
to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 181-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance creating Sections 9-2
and 9-3 of the Monroe County Code regarding affordable housing permitting priority and the
review of regulations affecting housing costs. Their was no public input. Drew Trivette, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner DiGennaro to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 024-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance repealing and rescinding
Ordinance No. 008-2008 concerning amendments to the Monroe County 2010 Comprehensive
Plan revising Sections of the Future Land Use Element and the Conservation and Coastal
Management Element regarding recreational and commercial working waterfronts. The Board
accepted public input with the following individuals addressing the Board: Gail Kenson,
representing NAS Key West; Roger Bernstein, representing Safe Harbor Enterprises; Diane
Beruldson; and Eric Dickstein. Suzanne Hutton, County Attorney and Drew Trivette, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following
Ordinance. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent Yes
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Motion carried.
ORDINANCE NO. 025-2009
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEM
The Board discussed approval of reconsideration of Item E3 from the June 2, 2009
BOCC meeting: discussion of a counter settlement proposal to resolve the outstanding issues
associated with Comprehensive Plan Amendment package 08-01 (working waterfront
amendments) with direction to the Growth Management Division and the County Attorney's
Office and direction to staff regarding settlement counter proposal. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Wigington to deny the item.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider a Development Agreement between Monroe
County and Calusa Campground Association, Inc. The County Attorney requested each
Commissioner disclose for the record any ex-parte communications that may have occurred.
Each commissioner disclosed their ex-parte communication(s). The following individuals
addressed the Board: Amanda Quircke, representing Calusa Campground; Manny Lopez,
representing Calusa Campground; Joe Gallardo, Jose L. Diaz, Tom Moses, Ron Miller, Dotti
Moses, and Diane Beruldson. Drew Trivette, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner Murphy to accept the
Development Agreement and stipulation numbers 1, 2, 4, and that for number 3 that instead of a
uniformed marine Sheriffs deputy, have a regular sheriffs deputy already there. Motion died for
lack of a second. The Growth Management Director read for the record each condition, as
follows:
Condition 1 - Access is required to be by Calusa Street and Harbor Drive is to be
used for emergency vehicle access only.
Condition 2 - Calusa Campground will fund the preparation and allow the
installation of signage along the canal frontage for the canal which
is shared by other property owners stating that the allowed
dockage is not to exceed 25% (twenty-five per cent) of the canal
width and that dockage surrounding the existing boat ramp is for
loading and unloading only.
Condition 3 - Calusa shall not allow dockage along the narrowest portion of the
canal and the dock area shall be posted as such.
Condition 4 - Calusa Campground shall fund a constant patrol by a uniformed
marine Sheriffs deputy in the subject canal on all Federal holidays.
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After further discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner DiGennaro granting approval of an amended Settlement Agreement, as follows:
Condition 1 - Access is required to be by Calusa Street and Harbor Drive
is to be used for emergency vehicle access only.
Condition 2 - Calusa Campground will fund the preparation and allow the
installation of signage along the canal frontage for the canal which
states that the allowed dockage is not to exceed 25% of the canal
width and that dockage surrounding the existing boat ramp is for
loading and unloading only.
Condition 3 - Calusa shall not allow dockage along the narrowest portion of the
canal shared by other property owners and the dock area shall be
posted as such until the mangroves are trimmed, at which time the
dock area may be used in compliance with the Monroe County
Code. Calusa shall trim the mangroves every six months. If the
mangroves are not trimmed, there shall be no dockage.
Condition 4 - Remove the word marine in the section: Calusa Campground shall
fund a constant patrol by a uniformed marino Sheriffs deputy on
t he premises on all Federal holidays.
Roll call vote was unanimous.
AIRPORT
The Board discussed action concerning the recommendation from THC, our Noise
Insulation Program (NIP) Consultant, to disqualify the two lowest bidders for NIP Phase 7
construction. The following individual addressed the Board: Paul Toppino, representing Charley
Toppino & Sons, Inc. Suzanne Hutton, County Attorney; Peter Horton, Airports Director; Pedro
Mercado, Assistant County Attorney; and Roman Gastesi, County Administrator discussed the
matter. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Murphy to approve the County Attorney's opinion that the two bidders _ Punta
Gorda Construction Management ($1,950,330.00), and Charlie Toppino & Sons, Inc.
($1,833,087.61) be deemed unresponsive because of irregularities, including failure to meet
Disadvantaged Business Enterprise (DBE) requirements, and that the bid be awarded to H.I.P.P.
Industries, Inc. in the amount of $2,023,260.26. Roll call vote was taken with the following
results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent Yes
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Motion carried.
MISCELLANEOUS BULK APPROVALS
The Board discussed revised Library Policy Sections 2.01, 2.03, 2.04 and 5.05. Norma
Kula, Director of Libraries discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the
revised sections. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed mitigation of fines in Code Enforcement Case CE080 10069. Fines
total $12,000 and costs are $131.45. The following individual addressed the Board: Thomas W.
Miller. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to fine Mr. Miller
the amount of$4,000 to be paid within sixty (60) days. Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
The Board discussed the continuation of a Contract between Monroe County and Hospice
of the Florida Keys, Inc. d/b/a Visiting Nurse Association, to provide direct in-home services for
the elderly and disabled as provided under grants to Monroe County from the Alliance for Aging
(e.g., ADI, CCE, and OAA) and the Department of Children & Families (e.g., CCDA). After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington granting approval and authorizing execution of the item. Motion carried
unanimously.
The Board discussed the 1 st Amendment to the Consultant Agreement between Monroe
County and Perez Engineering for resident inspector services at the Key West International
Airport construction proj ect. Peter Horton, Airports Director and Roman Gastesi, County
Administrator discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers granting approval and authorizing
execution of the item. Motion carried unanimously.
The Board discussed applying for and if awarded accept grant from the U.S. Department
of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grants
Programs Directorate (GPD) of the Fiscal Year 2009 American Recovery and Reinvestment Act
(ARRA) Assistance to Firefighters Fire Station Construction Grants (SCG) for the construction
of Fire Stations. The following individual addressed the Board: Diane Beruldson, representing
Sue Heim. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner DiGennaro to accept the
grant, subject to ratification by the BOCC. Motion carried unanimously.
Teresa Aguiar, Employee Services Division Director discussed the following two items:
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Second Amendment of the Legal Services Agreement between Monroe County and
Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. for a one-time approval of payment in the
amount of$218.50 for the emergency use of non-authorized timekeeper.
Third Amendment of the Legal Services Agreement between Monroe County and Kelley,
Kronenberg, Gilmartin, Fichtel, Wander, P .A. to update authorized timekeepers retroactively to
February 2009.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy granting approval and authorizing execution of the above two items.
Motion carried unanimously.
STAFF REPORTS
Peter Horton - Director of Airports announced to the Board that the Florida Department
of Transportation awarded the terminal at the Key West International the "Best Commercial
Service Airport Project" for 2009.
Teresa Aguiar - Employee Services Director updated the Board concerning the status of
the May 20th agenda item which was tabled concerning Global Goodman-Gable-Gould
Adjusters International to provide Insurance Adjusting Claim Services.
Andrew Trivette - Growth Management Director updated the Board concerning his trip to
Tallahassee where he met with representatives from the Federal Emergency Management
Agency (FEMA) and the Florida Division of Emergency Management (DEM).
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers item concerning a Request for
Qualifications to identify potential vendors to develop a Master Plan for the renovation of Higgs
Beach County Park. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers granting approval of the item. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator advised the Board that the north bound lane of the
18 Mile Stretch will be closed for the next two weeks and requested permission to speak with the
Florida Department of Transportation to have them open the stretch on the two Sundays during
the time that it is closed. The Board acknowledged the request. Mr. Gastesi also referred the
Board to his written County Administrator report dated, June 3, 2009.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney updated the Board concerning the status of the Request
for Proposal (RFP) for the sale of the Hickory House.
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Suzanne Hutton, County Attorney requested approval to schedule a Closed Executive
Session of the Board of County Commissioners in the matter of Board of County Commissioners
of Monroe County, Florida v. Tony Welters and Virginia Welters, Case No. 03-CA-1505-K and
Board of County Commissioners of Monroe County, Florida v. Louis Welters, et. aI., Case No.
04-CA-639-K during its regular meeting scheduled for July 15, 2009 in Key West, at 1:30 P.M.
The Board acknowledged the request.
MISCELLANEOUS
Mayor Neugent announced that tomorrow June 18,2009 at 10:00 A.M. in the Marathon
Government Center the Nature Conservancy will be making a presentation on Sea Level Rise.
The presentation will also be televised on Monroe County's Television Channel 76.
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