09/16/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 16, 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 Neugent. Also present at the
meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County
Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval of Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation designating October 4-10, 2009 as Fire Prevention
Week and urging all citizens of Monroe County to protect their homes and families by heeding
the important safety messages of Fire Prevention Week and to support the many public safety
acti vi ti es.
BULK APPROVALS
Board granted approval to purchase from AT&T Quote # 321270739 for telephone
equipment and services to upgrade the telephone switching systems in the Marathon Government
Center and the Plantation Key Courthouse to a highly available core switch and to upgrade
equipment for other smaller sites in Marathon.
Board granted approval of Purchase Service Order No. 08/09-43 with URS for
Construction Phase Services/RPR for the Runway Safety Area at the Key West International
Airport.
Board granted approval of Purchase Service Order No. 08/09-49 with URS to provide an
Environmental Assessment for Runway Relocation and Extension at the Marathon Airport.
Board granted approval of the receipt of the monthly report on Change Orders reviewed
by the County Administrator's Office.
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Board granted approval and authorized execution of Amendment 002 to the Older
Americans Act (OAA) Contract AA-929 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 01-01-2009 to 12-31-2009.
Board granted approval and authorized execution of the Homeless Prevention and Rapid
Re-Housing Grant Agreement (HPRPP between Monroe County Board of County
Commissioners (Community Services/Social Services) and the State of Florida, Department of
Children and Families for the provision of funds to provide homeless prevention assistance to
households who would otherwise become homeless, and to provide assistance to rapidly re-
house persons who are homeless.
Board granted approval to apply for an Older Americans Act Grant up to the maximum
amount available (minimum $519,561.00) and approval for the County Administrator or his
Alternate to sign all application documents relating to the grant submission.
Board granted approval of the filing of a grant application and agreement for State Aid to
Libraries from the Department of State, Division of Library and Information Services, and
execution of same with the proper County authorities.
Board granted approval to accept and execute the Library Services and Technology Act
Grant Agreement, Project Number 09-LSTA-E-04 for Fiscal Year 2009-2010 for "Southernmost
Literacy Book Club" between Monroe County and the Florida Department of State, Division of
Library and Information Services.
Board granted approval of the Issuance ofa Certificate of Public Convenience and
Necessity (COPCN) to Islamorada Village of Islands - Fire Rescue for the operation of an ALS
transport ambulance service.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Professional Emergency Services, Inc., effective from October 1, 2009
through September 30, 2011, with to provide medical direction to Fire and Emergency Medical
Services as required by Florida Statutes.
Board granted approval and authorized execution of a Memorandum of Agreement
between the City of Miramar, a municipal corporation of the State of Florida (the "Sponsoring
Agency") and Monroe County (the "Participating Agency"). This funding is to provide the
Monroe County CERT and Citizens Corp Program Planning Training & Exercise as supported
by the approved project worksheets in the amount of $35,000.00; and authorization for the
County Administrator to execute any other required documentation in relation to the application
process.
Board granted approval to issue a Purchase Order to Medtronic Physio-Control, Inc. in
the amount of$109,821.71 to purchase six LifePak 12 cardiac monitor defibrillator units and
integral components.
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Board granted approval, acting as Plan Administrator of the Length of Service Award
Plan (LOSAP), to begin a 10-year disbursement of funds to one eligible participant, with a
monthly benefit of$225.00 commencing October 1,2009.
Board granted approval to accept renewal with the American Alternative Insurance
Company through Volunteer Fore Insurance Service (VFIS) to provide Portable Equipment and
Emergency Apparatus Insurance.
Board granted approval to accept proposal from The Florida Municipal Insurance Trust
Agreement #386 to provide General Liability, Vehicle Liability and Public Officials/Employee
Practices Liability.
Board granted approval and authorized execution of a three year Agreement for
Administrative Services between Monroe County and Employers Mutual, Inc. to provide Third
Party Claims Administration for the Monroe County Workers' Compensation Program.
Board granted approval to purchase Specific Excess Workers' Compensation Insurance
from Star Insurance Company of Brown & Brown Insurance for an annual premium of$192,512
(unauditable) with a self-insured retention of $500,000 for the period of October 1, 2009 to
September 20,2010.
Board adopted the following Resolutions accepting restricted donations totaling
$8,000.00 for the purpose of replacing broken playground equipment at Key Largo Community
Park, and the Receipt of Unanticipated Funds for same.
RESOLUTION NO. 253-2009
RESOLUTION NO. 254-2009
Said Resolutions are incorporated herein by reference.
Board rejected bid for Ornamental Fencing at the African Cemetery Memorial Project in
Key West and approved re-bidding of the fence work.
Board granted approval and authorized execution of a 2nd Renewal Agreement to the
Contract between Monroe County and Siemens Building Technologies, Inc. for testing,
certification and maintenance of the Monroe County Detention Center's fire alarm system,
building automation system and smoke control systems; the Sheriffs Administration Building's
fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system
and building automation system; and the Courthouse Annex's fire alarm system.
Board granted approval and authorized execution of a one-year Residential Lease with
Law Enforcement Officer (a Monroe County Sheriffs Deputy) to reside in a Monroe County-
owned residence (Location C).
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Board granted approval and authorized execution of a Second Renewal Agreement
between Monroe County and Culver's Cleaning Company for Janitorial Services at Veteran's
Memorial Park Restrooms, Little Duck Key, Monroe County.
Board granted approval to execute an Interlocal Agreement between Monroe County and
the City of Marathon for use of the meeting room at the Marathon Government Center for 24
City Council meetings - Fiscal Year 2009-2010.
Board granted approval of Exhibit II for all four (4) existing franchise contracts (Waste
Management of Florida, Inc., Marathon Garbage Service, Inc., Key Sanitary Service and Ocean
Reef) to reflect Fiscal Year 2009/2010 residential and commercial collection rates.
Board granted approval of Exhibit V for all four (4) existing franchise agreements
concerning fees for "Special Services."
Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue.
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 255-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 256-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 257-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 258-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 259-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 236-2009 (OMB Schedule Item No.6).
RESOLUTION NO. 260-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No, 237-2009 (OMB Schedule Item No.7).
RESOLUTION NO. 261-2009
Said Resolution is incorporated herein by reference.
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Amending Resolution No. 238-2009 (OMB Schedule Item No.8).
RESOLUTION NO. 262-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 263-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 264-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 265-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 266-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 267-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 268-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 269-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16.
RESOLUTION NO. 270-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 271-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 215-2009 (OMB Schedule Item No. 18).
RESOLUTION NO. 272-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 232 -2009 (OMB Schedule Item No. 19.
RESOLUTION NO. 273-2009
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 274-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21
RESOLUTION NO. 275-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 200a-2009 (OMB Schedule Item No. 22).
RESOLUTION NO. 276-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement - Legal Aid Funding
between Monroe County and Legal Services of Greater Miami, Inc. DBA Legal Services of the
Florida Keys and Monroe County, to commence on October 1, 2009 and end on September 30,
2014. The current agreement expires September 30, 2009.
Board granted approval and authorized the Mayor to execute a Certificate of Acceptance
of Subgrant Award for the Monroe County Jail Incarceration Program, using funds provided
under the Residential Substance Abuse Treatment Grant, for the period from September 1, 2009
through August 31,2010, Award Number: 2010-RSAT-MONR-1-W9-005.
Board granted approval and authorized the Mayor to execute a Residential Substance
Abuse Treatment Funds Agreement with The Care Center for Mental Health for the Monroe
County Jail Incarceration Program, using funds provided under the Residential Substance Abuse
Treatment Grant, for the period from September 1, 2009 through August 31, 2010.
Board granted approval and authorized the Mayor to execute a Certificate of Acceptance
of Sub grant Award for the Monroe County Jail Offender Reentry Employment Readiness
Program, using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice
Assistance Grant program, for the period from October 1, 2009 through September 30, 2010,
Award Number: 2010-ARRC-MONR-4-W7-012.
Board granted approval and authorized the Mayor to execute a Recovery Act Edward
Byrne Memorial Justice Assistance Grant Program Funds Agreement with The Care Center for
Mental Health for the Offender Re-entry Employment Readiness Program, using funds provided
under the Recovery Act Edward Byrne Memorial Justice Assistance Grant program, for the
period from October 1, 2009 through September 30, 2010.
Board adopted the following Resolution establishing audit and other reporting
requirements for not-for-profit organizations receiving grants from Monroe County.
RESOLUTION NO. 277-2009
Said Resolution is incorporated herein by reference
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Board granted approval to advertise a Public Hearing for a Budget Amendment for Fund
170 Key Largo Wastewater MSTU.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1st Amendment) to
Interlocal Agreement between Monroe County and Islamorada Village of Islands for the Anne's
Beach Boardwalk Repairs and Replacement Project to extend the completion date to December 31,
2009.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of an Inter-Local Agreement (ILA)
between Monroe County and the City of Marathon (City) reimbursing the City in the amount of
$22,400 from Boating Improvement Funds for costs previously incurred for recent renovations at
the Quay Boat Ramp in Marathon.
Board granted approval and authorized execution of a Commencement Date Agreement
as part of the lease between Monroe County and Habitat for Humanity of the Middle Keys
Community Land Trust, Inc. for property on Bonita Drive in Marathon.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida approving an amendment to the 2008/2009/2010 Local Housing
Assistance Plan as required by the State Housing Initiatives Partnership (SHIP) Program,
authorizing the adoption of the "City of Key West Impact Fee Proviso Funding (IFP) Strategy"
and the Florida Housing Finance Corporation.
RESOLUTION NO. 278-2009
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval and authorized execution of an Agreement between Monroe
County and the Monroe County Sheriffs Office for the Department of Justice (JAG), Office of
Justice Programs. Motion carried unanimously.
Board granted approval and authorized execution of a Municipal Police Services Contract
between Monroe County, the City of Marathon, and the Monroe County Sheriffs Office.
COMMISSIONERS' ITEMS
Board adopted the following Resolution of the Monroe County Board of Commissioners
applauding the Ocean Conservancy and the Florida Keys National Marine Sanctuary for their efforts
in organizing and carrying out a Keys-wide Beach Cleanup to take place on September 19, 2009.
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RESOLUTION NO. 279-2009
Said Resolution is incorporated herein by reference.
Board approved ratification of members to the Green Initiative Task Force (GITF) for a
one-year term, the appointments are for District 1 Mr. Les Faust and Mr. Christopher Fogarty,
the appointments are being renewed for an additional one-year term beginning September 29,
2009 and expiring on September 28, 2010.
COUNTY CLERK
Board granted official approval of the BOCC meeting minutes for Special Meetings of
July 13, 24, 2009 & August 3, 2009 and Regular Meeting of July 15, 2009 (previously
distributed).
Board granted approval of the following Warrants (104753-104847 & 542975-543811):
General Fund (001), in the amount of$I,113,427.68; Fine & Forfeiture Fund (101), in the
amount of$222,448.93; Road and Bridge Fund (102), in the amount of$176,571.80; TDC
District Two Penny (115), in the amount of$176,809.76; TDC Admin. & Promo 2 Cent
(116), in the amount of $444,458.34; TDC District 1,3 Cent (117), in the amount of
$223,991.48; TDC District 2,3 Cent (118), in the amount of$10,509.69; TDC District 3,3
Cent (119), in the amount of$81,954.19; TDC District 4,3 Cent (120), in the amount of
$30,855.41; TDC District 5,3 Cent (121), in the amount of$28,561.21; Gov. Fund Type
Grants (125), in the amount of$169,121.49; Fire & Amb District 1 L&M Keys (141), in the
amount of$63,122.42; Upper Keys Health Care (144), in the amount of$25,176.39; Uninc
Svc Dist Parks & Rec (147), in the amount of$38,075.48; Plan, Build, Zoning (148), in the
amount of$132,682.56; Municipal Policing (149), in the amount of$236,969.68; Local
Housing Assistance (153), in the amount of$52,045.15; Boating Improvement Fund (157), in
the amount of$419.48; Misc. Special Revenue Fund (158), in the amount of$59,507.15;
Environmental Restoration (160), in the amount of$5,264.00; Court Facilities Fees-602
(163), in the amount of$575.00; Big Coppitt Wstewtr MSTU (169), in the amount of
$8,511.80; Stock Island Wastewater (171), in the amount of$I,166.00; Cudjoe-Sugarloaf
MSTU (172), in the amount of$13,770.00; Duck Key MSTU(176), in the amount of$I,982.20;
Building Fund (180), in the amount of$4,124.79; 1 Cent Infra Surtax (304), in the amount of
$212,741.39; 2003 Revenue Bonds (307), in the amount of$3,192.00; Infr Sls Srtx Rev
BDS2007 (308), in the amount of$240,910.49; Big Coppitt Wastewater Pr (310), in the
amount of$40.86; Card Sound Bridge (401), in the amount of$3,269.19; Marathon Airport
(403), in the amount of$210,659.15; Key West Inti. Airport (404), in the amount of
$445,125.05; KW AlP Series 2006 Bonds (405), in the amount of$431,346.16; PFC & Oper
Restrictions (406), in the amount of$495,731.59; MSD Solid Waste (414), in the amount of
$1,126,953.43; Worker's Compensation (501), in the amount of$II,398.04; Group Insurance
Fund (502), in the amount of$294,985.57; Risk Management Fund (503), in the amount of
$93,255.08; Fleet Management Fund (504), in the amount of$109,338.29; Fire&EMS
LOSAP Trust Fund (610), in the amount of$1,200.00
Board granted approval of Tourist Development Council Expenditures for the month of
August, 2009: Advertising, in the amount of$498,997.356; Bricks & Mortar/Interlocal
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Projects, in the amount of $200,294.26; Visitor Information Services, in the amount of
$$57,331.33; Events, in the amount of$72,334.01; Office Supplies & Oper Costs, in the
amount of$39,788.84; Public Relations, in the amount of$75,688.35; Sales & Marketing, in
the amount of$58,028.26; Telephone & Utilities, in the amount of$II,849.59; Travel, in the
amount of$5,441.09; Visitor Information Services, in the amount of$61,101.00.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said listing is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of the re-appointment of Dr. Debra Walker to the Health Council
of South Florida Board of Directors in the category of Consumer. Her appointment will be for a
two year term.
COUNTY ATTORNEY
Board granted authority to Manuel Castillo, Monroe County SHIP Administrator, to
execute a Consent and Acknowledgment Agreement on behalf of the County, whereas the
County is the holder of notes executed by AIDS HELP, Inc., now known as A. H. of Monroe
County, Inc.
Board authorized Staff to cooperate with the Florida Municipal Insurance Trust in an
appeal of a final judgment in the matter of Celeste Bruno v. Monroe County, CV 07-10117.
Board granted approval to advertise a public hearing to consider adoption of an ordinance
amending Section 6-108, Monroe County Code to eliminate and reduce waivers and exemptions
from building permit fees. .
Board granted approval and authorized execution of an unimproved ground Lease
Agreement between Monroe County and Dr. Jules Beckwitt at Florida Keys Marathon Airport.
Board granted approval to file an appeal in the matter of Thomas J. Willi v. Monroe
County BOCC, Unemployment Compensation Case 2009-58952U.
Motion carried unanimously.
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 Heather Carruthers, Commissioner Sylvia Murphy,
and Commissioner Kim Wigington. Absent were City of Layton Councilman Clark Snow, and
City of Layton Mayor Norman Anderson.
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers nominating Commissioner Murphy as Vice-Chairman to the Board of Governors, on
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a temporary basis, due to the absence of Layton Mayor Norman Anderson. Motion carried
unanimously.
James Callahan, Fire Chief addressed the Board. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington granting approval and
authorizing execution of a second Renewal Agreement effective from October 1, 2009 through
September 30, 2010, with Gila Corporation d/b/a Municipal Services Bureau (MSB) for
collection of outstanding account receivables from ground and air ambulance transports. Roll
call vote was unanimous.
Chief Callahan and Danny Kolhage, Clerk addressed the Board. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Wigington to adopt the
following Resolution authorizing the write-off of Fire Rescue ground ambulance accounts
receivables, in the amount of $311,040.13. Motion carried unanimously.
RESOLUTION NO. 280-2009
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval to award bid and enter into an Agreement between the Board of
Governors of Fire and Ambulance District 1 of Monroe County and Fire Tech Repair Service,
Inc. for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative
maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion
carried unanimously.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval to issue a Purchase Order to Medtronic Physio-Control, Inc. in the
amount of$109,821.71 to purchase six LifePak 12 cardiac monitor defibrillator units and
integral components. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers granting approval and authorizing execution of a second Renewal Agreement
effective from October 1, 2009 through September 30, 2010, with Gila Corporation d/b/a
Municipal Services Bureau (MSB) for collections of outstanding account receivables from
ground and air ambulance transports. Motion carried unanimously.
Teresa Aguiar, Employee Services Director and Roman Gastesi, County Administrator
discussed with the Board approval to renew the current policy for full-insured voluntary vision
benefits with Eye Med Vision Care for the period of January 1, 2010 through December 31, 2010
and to waive purchasing policy in order to renew for a second consecutive term which will run
from January 1, 2011 through December 31, 2011. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the
renewal with Eye Med Vision Care. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
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Commissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent Yes
Motion carried.
The Board discussed renewing the current policy for full-insured voluntary dental
benefits with Delta Dental for the period of January 1, 2010 through December 31, 2010 and to
waive purchasing policy in order to renew for a second consecutive term which will run from
January 1,2011 through December 31,2011. Motion was made by Commissioner DiGennaro to
deny the item. Motion died for lack of a second. Motion was then made by Commissioner
Carruthers and seconded by Commissioner Wigington granting approval of the renewal with
Delta Dental. Roll call vote was unanimous.
The Board discussed approval to exercise the first renewal option of the Contract with
EE&G Environmental Services, LLC., for beach cleaning, maintenance, and beautification of
Higgs Beach, Key West. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy granting approval of the item. Dent Pierce, Public Works
Director discussed the matter. Motion carried unanimously.
The Board discussed an Amendment to the Franchise Agreement with Ted Carter
Enterprises, Inc. d/b/a Keys Sanitary Service, in order to permit the Franchisee to collect regular
vegetative waste at the same time that residential solid waste is collected. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting
approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacancy position on the Tourist Development Council District I
Advisory Committee for an "At Large" appointment.
Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
appointing Phillip Houge as an "At Large" appointment to the Tourist Development Council
District I Advisory Committee. Motion carried unanimously.
Motion was made by Commissioner Wigington and seconded by Commissioner Murphy
re-appointing Amanda Harnden as an "At Large" appointment to the Tourist Development
Council District II Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Airports - Peter Horton, Airports Director reported to the Board on the following
matters: Passenger counts at the Key West International Airport for the month of August 2009
were up 20.8% over the same period of time last year; Receipt of funding from the Federal
Aviation Administration in the amount of $2,464,942 for the Noise Insulation Program; a
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previous RFP for space at the Florida Keys Marathon Airport and a request from Sky Dive
Sebastian at the Florida Keys Marathon Airport.
Growth Management - Drew Trivette, Growth Management Director reported to the
Board on the following matters: A Request to hold a Special Board Meeting on October 22,
2009 at 10:00 A.M. at the Marathon Government Center for the purpose of a Final Adoption
Hearing for a 09-02 Comprehensive Plan Amendment Package; and Monroe County was
selected by the Florida Fish & Wildlife Commission to participate in a pilot project in drafting
anchorage regulations. In as much as this is Mr. Trivette's last Board meeting, Mr. Trivette
thanked the Board of County Commissioners and Staff for his tenure as Growth Management
Director.
Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers
calling a Special Board of County Commissioner's Meeting on October 22, 2009 at 10:00 A.M.
at the Marathon Government for the purpose of a Final Adoption Hearing for a 09-02
Comprehensive Plan Amendment Package. Motion carried unanimously.
Emergency Services - Jim Callahan, Fire Chief announced that the grand opening date
for the Big Pine Key Fire Station is set for Saturday, October 10, 2009 at 10:00 A.M., and that
the station will be dedicated in memory of the late Fire Chief Clark Martin.
Public Works - Dent Pierce, Public Works Director reported he has been working with
the Boys & Girls Club to possibly have them occupy the Old Stiglitz House at Watson Field on
Big Pine Key.
Commissioner DiGennaro excused himself from the meeting.
GROWTH MANAGEMENT
The Board discussed the Third Amendment to the Agreement with Greenberg Traurig
P.A. for the consulting services of Kenneth Metcalf, extending the contract expiration date and
increasing the amount payable by $25,000.00 to an amount not to exceed $61,000. Drew
Trivette, Growth Management Director discussed the matter. After discussion, motion was made
by Mayor Neugent and seconded by Commissioner Murphy granting approval of the item.
Motion carried unanimously, with Commissioner DiGennaro not present.
Commissioner DiGennaro returned to the meeting and took his seat.
The Board discussed the immediate funding and creation of a new FTE position (pay
grade level 8) within the Monroe County Code Enforcement Department. Drew Trivette,
Growth Management Director discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of the
item. Motion carried unanimously.
The Board discussed a resolution setting the date, time, and place for a Public Hearing on
November 18, 2009 at the Murray E. Nelson Government Center at 3:00 P.M. to consider the
proposed abandonment of Carysfort Circle South, Madeira Village Subdivision, North Key
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Largo. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to adopt the following. Motion carried unanimously.
RESOLUTION NO. 281-2009
Said Resolution is incorporated herein by reference.
PUBLIC WORKS
John King, Senior Director, Facilities Maintenance - Lower Keys made a presentation on
a Condition Assessment and Option Consideration Analysis Report, dated August 27, 2009
concerning the condition of the Hickory House located on Stock Island, Florida. After Board
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to proceed with the RFP process and consider demolition ifbids are not acceptable.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed an ILA with the City of Marathon to assist the City of Marathon
with training of City code inspectors and to allow the city to utilize the services of the County's
Contractors Examining Board to provide contractor licensing and disciplinary functions. This
ILA terminates the prior agreement and updates it. Suzanne Hutton, County Attorney addressed
the Board. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to table the item for one (1) month. Motion carried unanimously.
The Board discussed Commissioner Carruthers' item concerning a Resolution of the
Board of County Commissioners for Monroe County, Florida urging immediate passage of a
Federal Water Protection and Reinvestment Act. Roman Gastesi, County Administrator
informed the Board that the County's federal lobbyists will be in town this afternoon and the
matter could be discussed. The Board continued the item to the afternoon.
The Board discussed Commissioner Carruthers' item concerning a Resolution of the
Board of County Commissioners for Monroe County, Florida, urging immediate passage of
comprehensive federal health reform legislation. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy to table the item indefinitely.
The following individual addressed the Board: Ron Miller, representing the Upper Keys
Citizen's Association. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent No
Motion carried.
The Board discussed Commissioner Carruthers' item concerning a Resolution of the
Board of County Commissioners of Monroe County, Florida, supporting efforts to protect
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Florida from offshore drilling. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy to table the item. Motion carried unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for August, 2009. Mr. Gastesi discussed certain areas within
the report - Circulation and visits at Monroe County Libraries; meal site attendance and home-
delivered meals have all significantly increased; Public Works Department picked-up a total of
34 tons of debris illegally dumped in the County rights-of-way; and Growth Management
building department revenues were reportedly down by 15%.
Suzanne Hutton, County Attorney discussed a letter from The Guidance Clinic of the
Middle Keys, Inc. dated August 26, 2009 seeking assistance from the Monroe County Industrial
Development Authority to refinance loans for its' facility. Marianne Benvenuti, Regional
Controller - Guidance Clinic of the Middle Keys and Care Center for Mental Health addressed
the Board. Roman Gastesi, County Administrator and Danny Kolhage, Clerk of Court discussed
the matter. No official action was taken.
CLOSED SESSION
Suzanne Hutton, County Attorney requested that the item be rescheduled - an Attorney
Client Closed Session of the Board of County Commissioners in the matter of Donald Barton v.
Monroe County, CA K 09-917 which has been consolidated into the matter of Donald J. Barton
v. Stewart Andrews, CA K 03-1107. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Murphy to reschedule the item to the Board's regular
meeting on October 21,2009 at 1:30 P.M. at the Harvey Government Center in Key West.
Motion carried unanimously.
Cynthia Hall, Assistant County Attorney announced that a Closed Executive Session of
the Board of County Commissioners was being held to discuss status of collective bargaining with
the Teamsters, Local 769. Present at the closed session will be the Commissioners, County
Administrator Roman Gastesi; Debbie Frederick, Assistant County Administrator; Suzanne
Hutton, County Attorney; Cynthia Hall, Assistant County Attorney; Teresa Aguiar, Employee
Services Director; Dent Pierce, Public Works Director; Sheryl Graham, Social Services Director;
Tina Boan, Budget & Finance Director; and Bill Hays, Veterans Affairs Director.
COUNTY ATTORNEY
The Board deleted agenda item R2 concerning the approval and ratification of a
Collective Bargaining Agreement with Teamsters Local 769 to begin October 1, 2010 and end
September 30, 2013.
209
GROWTH MANAGEMENT
Drew Trivette, Growth Management Director updated the Board on the process for the
consideration of committee recommendations, and selection of a firm to provide services for the
Request for Proposals for Professional Services to update the Monroe County Year 2010
Comprehensive Plan, RFP-GMD-98-267-2009-PUR/CV. The Board heard presentations by the
three top ranked respondents - Wallace, Roberts & Todd, LLC; Keith & Schnars, P.A.; and
HDR. Townsely Schwab, Planning Director and Mitch Harvey, Comprehensive Planning
Manager addressed the Board. After discussion, the Board proceeded to ballot on the basis of
the lowest point total being the firm selected. The Clerk announced the results with the
following results:
Name Carruthers DiGennaro Murphy Wigington Neugent Total
HDR 1 3 2 1 2 9
Keith & 2 1 1 2 1 7
Schnars
Wallace 3 2 3 3 3 14
Roberts &
Todd
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro authorizing Staff to enter into contract negotiations with the selected
firm of Keith & Schnars, P .A. Motion carried unanimously.
Commissioner DiGennaro excused himself from the meeting.
MISCELLANEOUS
Mayor Neugent discussed a request to have a presentation at a BOCC meeting by a
representative from Florida Power & Light to discuss Turkey Point.
PUBLIC HEARINGS
A Public Hearing was held to consider a request for Administrative Relief made by Dean
Parkinson for Lot 31, Block 2, Harris Ocean Park Estates, Key Largo, Real Estate Number
00447450.000000 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
Carruthers to adopt the following Resolution. Motion carried unanimously, with Commissioner
DiGennaro not present.
RESOLUTION NO. 286-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by Dean
Parkinson for Lot 10, Block 2, Ocean Park Village, Key Largo, Real Estate Number
00445710.000000 in the form of a purchase offer from the Monroe County Land Authority.
210
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Motion carried unanimously, with
Commissioner DiGennaro not present.
RESOLUTION NO. 287-2009
Said Resolution is incorporated herein by reference.
Commissioner DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider a request for Administrative Relief made by Dean
Parkinson for Lot 40, Block 4, Harris Ocean Park Estates, Key Largo, Real Estate Number
00448460.000000 in the form of a purchase offer from the Monroe County Land Authority.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously.
Motion carried unanimously.
RESOLUTION NO. 288-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
George Pyrpiris for Lot 24, Block 3, Harris Ocean Park Estates, Key Largo, Real Estate Number
00447840.000000 in the form of a purchase offer from the Monroe County Land Authority.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 289-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
George Pyrpiris for Lot 25, Block 3, Harris Ocean Park Estates, Key Largo, Real Estate Number
00447850.000000 in the form of a purchase offer from the Monroe County Land Authority.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 290-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by Mark
J. & Jane J. Hlis for Lot 5, Block 8, Amended 12 Plat of Sunrise Point Addition, Key Largo,
Real Estate Number 00484200.000000 in the form of one (1) dwelling unit allocation award.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 291-2009
Said Resolution is incorporated herein by reference.
211
A Public Hearing was held to consider a request for Administrative Relief made Linda L.
Knudsen for Lot 33, Block 8, Ocean Isle Estates, Key Largo, Real Estate Number
00540370.000000 in the form of one (1) dwelling unit allocation award. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 292-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Emesto Jorge & Michelle Vieta Rodriguez for Lot 8, Block 11, Largo Sound Village, Key
Largo, Real Estate Number 00476200.000000 in the form of one (1) dwelling unit association
award. There was no public input. Motion was made by Commissioner Murphy and seconded
by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 293-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a resolution repealing resolution no. 153-2009;
amending the planning and environmental resources department fee schedule to more accurately
represent current expenses and to adequately offset the true costs of providing services to the
parties receiving the benefits of such services; clearly providing for separate applications and
fees for future land use map amendments, land use district map amendments, comprehensive
plan amendments and land development regulation applications; clarifying other charges;
repealing any other fee schedules inconsistent herewith. There was no public input. Motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following resolution. Motion carried unanimously.
RESOLUTION NO. 294-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an ordinance amending Section 23-85
of the Monroe County Code; providing for severability; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date. Suzanne Hutton, County Attorney discussed the matter. Public
input was accepted with the following individual addressing the Board: Sue Heim. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to continue the item to the Board meeting on October 21, 2009 in Key West at 3:00
P.M. Motion carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written August
2009 Status Report - Engineering Division - Sewer Projects, dated September 16, 2009.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval and authorizing execution of the Second Amendment to the September 20,
212
2006 Summerland/Cudjoe/Upper SugarloafRegional Wastewater System Interlocal Agreement
(ILA) to strategically release funds previously allocated to prepare design reports, plans and
specifications for the Cudjoe Regional expanded service area. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Resolution to continuing the assessments of wastewater service to properties in the Big
Coppitt and Duck Key service areas for the 2009 tax year. Motion carried unanimously.
RESOLUTION NO. 295-2009
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item concerning a resolution urging
immediate passage of a Federal Water Protection and Reinvestment Act. Liz Wood, Sr.
Administrator, Sewer Projects and Suzanne Hutton, 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. 296-2009
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed advertising a public hearing to consider adoption of an ordinance
amending Section 6-108, Monroe County Code to eliminate and reduce waivers and exemptions
from building permit fees. The following individuals addressed the Board: Chadwick Duncan,
representing Habitat for Humanity, Upper Keys Executive Director and Richard Casey,
representing Middle Keys Community Land Trust. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the
item. Roll call vote was taken with the following results:
Commissioner Carruthers Y es
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington No
213
Revision
Mayor Neugent
Yes
Motion carried.
1'<
COUNTY ADMINISTRATOR
The following individuals with the firm Cardenas Partners, LLC who are Monroe
County's federal lobbyists presented the Board with a written overview of monthly reports:
Emily E. Zammit, Deputy Director of Government Affairs; Carl D. Chidlow, Partner; and Colin
G. Mueller, Partner.
SHERIFF'S DEPARTMENT
Sheriff Robert Peryam addressed the Board concerning a Memorandum of Understanding
(MOU) between the Board of County Commissioners and the Monroe County Sheriffs Office
for the acceptance of a Stimulus Grant from the United States Department of Justice Community
Oriented Policing Services, Hiring Recovery Program Grant. After discussion, motion was made
by Commissioner Carruthers and seconded by Commissioner DiGennaro directing Sheriff *
Peryam to request from the grant funding agency an adjustment to the MOD to provide for one
(1) position rather than five (5) and adding the fail safe language that it is subject to the county's
annual budgeting process. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington No
Mayor Neugent No
Motion carried.
BUDGET
Roman Gastesi, County Administrator presented the Board with a budget update for
Fiscal Year 2010. Said document is incorporated herein by reference.
The Board accepted public input with the following individuals addressing the Board:
Ron Miller, representing the Upper Keys Citizen's Association; Sue Heim, Anthony Livoti,
representing the Fraternal Order of Police; Ryan Cowart, Matthew Dowling, Louis LaTorre, and
Eddie Perez.
AFFIDA VIT
For the record, there will not be a resolution numbered 297-2009 assigned to any
item of the Board for the meeting of September 16, 2009, as previously written in
the minutes. Said minutes page 213 was revised.
Respectfully Submitted,
~O~dj c, /l~~
Isabel C. DeSantis
Deputy Clerk
November 19,2009
214
LOWER & MIDDLE KEYS FIRE & AMBULANCE
DISTRICT BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Commissioner Sylvia Murphy,
Commissioner Kim Wigington, Councilman Clark Snow and Chairman Norman Anderson.
The Board of Governors discussed the proposed Fiscal Year 2010 Budget.
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.
The Clerk announced the date for the final following Public Hearing date, times and
places to consider and adopt the budget and millage rates for Fiscal Year 2010, as follows:
Final Public Hearing
Wednesday, September 23, 2009 @ 5:05 P.M.
Harvey Government Center
1200 Truman Avenue
Key West, FL
The Board further discussed budget requests.
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
~C.~~
Isabel C. DeSantis, Deputy Clerk