04/21/2010 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
VVednesday, 1\priI21, 2010
Key VV est, Florida
1\ Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 1\.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Kim
VVigington, Commissioner George Neugent and Mayor Sylvia Murphy. 1\lso present at the
meeting were Roman Gastesi, County 1\dministrator; Debbie Frederick, 1\ssistant County
1\dministrator; Suzanne Hutton, County 1\ttorney; 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
Carruthers granting approval to add to the agenda item L3 concerning the Clean VV ater State
Revolving Fund Construction Loan 1\greement No. VVVV602091. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting approval of 1\dditions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee Service 1\ ward for the Employee of the Year 2009 to Hank
Kokenzie, Sr. Systems Analyst, Technical Services Division.
Presentation of Employee Service 1\ward for the Month of December, 2009 to Katherine
Peters, Paralegal! 1\dministrative Liaison, County 1\ttorney's Office.
Presentation of Employee Service 1\ward for the Month of February, 2010, to Fred
Gartenmayer, Plumbing Foreman, Facilities Maintenance Department, Public VVorks Division.
Presentation of Years of Service 1\ ward for 15 years of service to Monroe County to
Tony Gartenmayer, Specialist Building Maintenance, Facilities Maintenance, Public VVorks
Division.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Gisela Doval, Custodian, Facilities Maintenance, Public Works Division.
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Presentation of Years of Service Award for 10 years of service to Monroe County to
Richard Sands, Maintenance Worker, Higgs Beach, Facilities Maintenance, Public Works
Division.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Roberto Perez, Painter, at the Key West International Airport.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Richard Cletta, Shift Captain, Air Rescue Firefighter, at the Key West International Airport.
Presentation of Mayor's Proclamation observing the week of May 16-22, 2010 as
Emergency Medical Services Week. 10. Presentation of Mayor's Proclamation declaring the
month of April, 2010 as Fair Housing Month in Monroe County.
Presentation of Mayor's Proclamation declaring May 1, 2010 as Law Day in Monroe
County.
Presentation of Mayor's Proclamation declaring the month of May, 2010 as Motorcycle
Awareness Month in Monroe County.
Introduction of Elizabeth Young, Executive Director, Florida Keys Council of the Arts
and the Art in Public Places Committee members.
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 issue a Purchase Order to Motorola, Inc. in the amount of
$116,176.20 fully grant funded no county match, for the purchase of thirty nine (39) 800 MHz
mobile radios including integral software and components at a cost of$2,770.80 each, and (3)
800 MHz hand-held radios including integral software and components at a cost of
$2,705.00 each from Sun Communications, Motorola's authorized manufacturer representative
and sole source provider in Monroe County, Florida.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and Naval Air Station Key West Fire Department for mutual fire and
emergency services assistance.
Board granted approval and authorized execution of Modification #1 to extend expiration
date of the FY07 State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-
54-01-343, fully grant funded and no county match, to June 30, 2010, and authorization for the
County Administrator to execute any other required documentation in relation to the application
process.
Board granted approval to re-bid the "Car Rental Preparation Activities Area" Request
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for Proposals, and reject the bid received for rental cal activities at the Teen Center on Key West
International Airport property.
Board granted approval and authorized execution of an Agreement with Mountain Air
Cargo, Inc., for use of aircraft apron area at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of an Eighth Amendment to Marathon
Fixed Base Operator (FBO) Agreement with Grantair Service, Inc., at Florida Keys Marathon
Airport.
Board granted approval to accept highest bid for sale of surplus property from A Nature's
Sanctuary, Inc., for one (1) Vending Machine, in the amount of$50.00.
Board granted approval and authorized execution of an Amendment to the Lease
Agreement with Antique Aircraft Restoration, Inc. for an additional parcel of property to provide
for employee and customer parking.
Board granted approval to extend the Lease Agreement with Federal Express Corporation
on a month-to-month basis under existing terms and conditions, pending execution of a new
agreement.
Board adopted the following Resolutions for Transfer of Funds Receipt of Unanticipated
Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 098-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 099-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 100-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 101-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 102-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 103-2010
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 104-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 105-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 106-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 107-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 108-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 109-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 110-2010
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment for Bay
Point Municipal Service Taxing Unit Fund 168, Big Coppitt Municipal Service Taxing Unit
Fund 169, Stock Island Municipal Service Taxing Unit Fund 171, Cudjoe/SugarloafMunicipal
Service Taxing Unit Fund 172, Long Key/Layton Municipal Service Taxing Unit Fund 175
and Duck Key Municipal Service Taxing Unit Fund 176.
Board granted approval to accept and execute an Agreement between the Board of
County Commissioners of Monroe County and Literacy Volunteers of America - Monroe
County, Inc. for providing a literacy and learning program in bookclub format.
Board granted approval of the receipt of the monthly report on Change Orders reviewed
by the County Administrator's Office.
Board granted approval and authorized execution of a Professional Services Agreement
with Helman Hurley Charvat Peacock! Architects, Inc. to serve as an architectural expert in the
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case against the original Architect on the Freeman Justice Center, Case Number 2007-CA-
1428K.
Board granted approval and authorized execution of Amendment #0002 to the Homeless
Prevention and Rapid Re-Housing Grant Agreement (HPRP) Grant Agreement #KFZ28
(10/01/09-06/30/11) between the State of Florida Department of Children and Families and the
Monroe County Board of County Commissioners (Community Services/Social Services).
Board granted approval and authorized execution of Amendment #001 to the Federally-
Funded Weatherization Assistance Program, American Recovery and Reinvestment Act
Subgrant Agreement (ARRA WAP), Contract # 10WX-7X-II-54-01-719 between Monroe
County Board of County Commissioners (Community Services/Social Services) and the State of
Florida, Department of Community Affairs.
Board granted approval and authorized execution of Amendment #0002 to the
Community Care for Disabled Adults (CCDA) Contract #KG-061 (01/01/09-06/30/10) between
the Florida Department of Children & Families and the Monroe County Board of County
Commissioners (Social Services/In-Home Services).
Board granted approval to award Public Works surplus items as described in the Recap of
Bid Opening on February 18,2010. (Item: #22). Said recap of bid opening is incorporated
herein by reference.
Board granted approval and authorized execution of a Renewal Agreement with The
Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West
Animal Shelter.
Board granted approval and authorized execution of an Agreement with the Monroe
County Sheriffs Office to provide office space to the Monroe County Sheriffs Office at the
Murray E. Nelson Government and Cultural Center in Key Largo, FL.
Board granted approval to add a recycling provision to the Policy for Public Facilities,
Roads, Bridges and County Meeting Rooms for Use in Monroe County, Florida, at the current
fee schedule.
Board granted approval to execute Traffic Signal Maintenance and Compensation
Agreement with Florida Department of Transportation (FDOT), Contract No. A-PP06, effective
July 1, 2010.
Board granted approval and authorized execution of a First Amendment to the Contract
with Charley Toppino and Sons, Inc., for the Palm Drive (Baypoint) Bridge Repair Project, to
comply with FDOT requirements.
Board granted approval to pay the amount of $274,470 for a renewal premium to Citizens
Property Insurance Corporation for the County's Windstorm Insurance Policy. The policy offers
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various deductibles by location and insures the County's building and contents scheduled on the
policy for damages resulting from wind.
Board granted approval to extend the current General and Professional Liability
Insurance with Lantana Insurance Ltd. for Bayshore Manor and waiver of policy requiring going
out for RFP.
Board adopted the following Resolution approving the Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) to provide $1,159,433 in funding
to design and construct improvements to Tom's Harbor Channel Bridge #904600 from Duck
Key Drive to US 1.
RESOLUTION NO. 110a-2010
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of Amendment (1st Amendment) to
Agreement with Upper Keys Business Group, Inc. to revise the name of the event from Key
Largo Independence Celebration to Key Largo Conch Republic Days.
Board granted approval to revise the Monroe County Tourist Development Council
Operations Manual in reference to logo usage on event marketing and promotion. Pages 5 and 6
have been revised.
Board granted approval and authorized execution of Amendment (1st Amendment) to
Agreement with Tammie Gurgiolo covering the Islamorada Women's Sailfish Tournament to
revise date of event to February, 2010.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing the payment of employment and
operating costs for the management services of the Monroe County Land Steward from the
Monroe County Environmental Land Management and Restoration Fund.
RESOLUTION NO. 111-2010
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a First Amendment to the
Occupancy Agreement and Ground Lease between Habitat for Humanity of the Upper Keys, Inc.
and Monroe County to extend the term to 100 years and eliminate the annual $10.00 rent in order
to comply with Florida Statute Section 196. 199(2)(b ) to carry out the original intent of the parties
in regard to the property tax liability of the Lessee in order for the buildings to be taxed as real
property instead of tangible property for real estate located in Key Largo (RE# 00554720-
000000, 00554720-000100) on which fourteen (14) affordable housing units will be built.
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Board granted approval and authorized execution of a First Amendment to the
Occupancy Agreement and Ground Lease between Habitat for Humanity of the Upper Keys, Inc.
and Monroe County to extend the term to 100 years and eliminate the annual $10.00 rent in
order to comply with Florida Statute Section 196. 199(2)(b) to carry out the original intent of the
parties in regard to the property tax liability of the Lessee in order for the buildings to be taxed as
real property instead of tangible property for real estate located in Key Largo, at 98970 Overseas
Highway Key Largo (RE# 00522220-000000).
Board adopted the following Resolution for the reservation of one affordable housing
dwelling unit ROGO allocation for Habitat for Humanity of the Upper Keys, Inc., for a parcel
legally described as Lot 5, Block 1, Harbor Shores Subdivision, Key Largo, RE# 00521570-
000000.
RESOLUTION NO. 112-2010
Said Resolution is incorporated herein by reference.
Board granted approval of a waiver of building permit fees in an amount not to exceed
$10,000.00 for construction of one Single Family residence for Habitat for Humanity of the
Upper Keys, Inc. located at Block 1, Lot 5, Harbor Shores (an undeveloped lot).
Board granted approval for Mayor Sylvia J. Murphy, BOCC, to sign the Public School
Facilities Element County Waiver Application Form to waive adoption of the public school
facilities element and implementation of school concurrency for Monroe County and its
municipalities.
Board granted approval to advertise a request for proposals (RFP) for scanning
and digitizing of Building Department permit records including two points for local preference
out of 57 available points in the evaluation criteria.
Board granted approval and authorized execution of a Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT) which provides funding from
the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive
Panels project.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of a request for an expenditure from the Law Enforcement Trust
Fund in the amount of $250.00 for the Florida Juvenile Justice Foundation, Inc. to support
Children's Week Celebration, Juvenile Justice - Youth Success Day.
Board granted approval of the Fiscal Year 2010 recommendations from the Monroe
County Shared Asset Forfeiture Fund Advisory Board. Said listing is incorporated herein by
reference.
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MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the Disaster Recovery Initiative 2008
Tropical Storm Fay Community Development Block Grant (CDBG) program Interlocal
Agreements for the cities of Key West, Marathon, Key Colony Beach and Islamorada, Village of
Islands; and providing for an effective date.
RESOLUTION NO. 113-2010
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution urging its Florida Legislative Delegation to
support initiatives in order to preserve our national and state roles in space; and directing the
Clerk to forward said Resolution to the Senate President, House Speaker, and the Monroe
County Legislative Delegation.
RESOLUTION NO. 114-2010
Said Resolution is incorporated herein by reference.
Board granted approval of Mayor Murphy's reappointment of Gregg Talbert to the South
Florida Workforce Investment Board; term to expire on 4/21/2012.
Board adopted the following Resolution bestowing the Name "Cabanas Way" on a
portion of right-of-way located in the Key West International Airport property, Monroe County,
Florida, as specifically defined in Exhibit A.
RESOLUTION NO. 115-2010
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Carruthers' appointment of Diane Beruldsen to
the Monroe County Parks & Recreation Committee.
COUNTY CLERK
Board granted official approval of the Board of County Commissioner's minutes from the
meetings of February 17th and 22nd, 2010 (previously distributed).
Board granted approval of the following Warrants: (105249 - 105340 and 549292 _
550470) General Fund (001), in the amount of$2,176,211.12; Fine & Forfeiture Fund (101),
in the amount of$3,166,741.71; Road and Bridge Fund (102), in the amount of$129,861.81;
TDC District Two Penny (115), in the amount of $282,249.02; TDC Admin. & Promo 2 Cent
(116), in the amount of $552,724.82; TDC District 1,3 Cent (117), in the amount of
$541,262.26; TDC District 2,3 Cent (118), in the amount of $70,513.34; TDC District 3,3
Cent (119), in the amount of$122,361.64; TDC District 4,3 Cent (120), in the amount of
$115,138.37; TDC District 5,3 Cent (121), in the amount of$163,363.12; Gov. Fund Type
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Grants (125), in the amount of $432,984.09; Fire & Amb District 1 L&M Keys (141), in the
amount of $277,050.07; Upper Keys Health Care (144), in the amount of $544.20; Uninc Svc
Dist Parks & Rec (147), in the amount of$73,157.69; Plan, Build, Zoning (148), in the amount
of$58,816.52; Municipal Policing (149), in the amount of$462,998.87; 911 Enhancement Fee
(150), in the amount of$94.30; Duck Key Security (152), in the amount of$5,071.68; Local
Housing Assistance (153), in the amount of$I,087,299.40; Boating Improvement Fund (157),
in the amount of$5,829.67; Misc. Special Revenue Fund (158), in the amount of$36,194.24;
Environmental Restoration (160), in the amount of$4,397.11; Law Enforcement Trust (162),
in the amount of $9,500.00; Drug Abuse Trust (164), in the amount of$7,477.83; Big Coppitt
Wstewate MSTU (169), in the amount of$I,OOO.OO; Stock Island Wastewater (171), in the
amount of$I,OOO.OO; Building Fund (180), in the amount of$12,003.94; 1 Cent Infra Surtax
(304), in the amount of $1 ,434.36; Infr Sls Srtx Rev Bds2007 (308), in the amount of
$1,067,955.04; Card Sound Bridge (401), in the amount of$9,947.21; Marathon Airport
(403), in the amount of$113,183.77; Key West Inti. Airport (404), in the amount of
$890,190.87; KW AlP Series 2006 Bonds (405), in the amount of $460,708.23 PFC & Oper
Restrictions (406), in the amount of$216,446.64; MSD Solid Waste (414), in the amount of
$1,717,298.95; Worker's Compensation (501), in the amount of$6,282.25; Group Insurance
Fund (502), in the amount of$378,409.51; Risk Management Fund (503), in the amount of
$329,518.47; Fleet Management Fund (504), in the amount of$91,821.49; Fire&EMS
LOSAP Trust Fund (610), in the amount of$I,635.00.
Board granted approval ofTDC expenditures for the month of March, 2010:
Advertising, in the amount of$I,032.575.91; Bricks & Mortar/Interlocal Projects, in the
amount of$6,981.55; Visitor Information Services, in the amount of$98,850.00; Events, in
the amount of$342,831.23; Office Supplies & Oper Costs, in the amount of $46, 173.87;
Personal Services, in the amount of$186,445.97; Public Relations, in the amount of
$18,994.71; Sales & Marketing, in the amount of $62,947.50; Telephone & Utilities, in the
amount of $23,040.00; Travel, in the amount of$28,771.83.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board adopted the follow Resolution authorizing the temporary closing of the northbound
lanes of US 1 from MM 98.2 to MM 100 from 10 AM to 11 :30 AM on the 4th of July, 2010.
RESOLUTION NO. 116-2010
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval to cancel the December 1, 1983 lease (Exhibit 1 in Backup) with
Outdoor Resorts at Long Key, Inc., providing an effective cancellation date of May 1, 2010, and
for notice to be provided immediately after the BOCC meeting to the attorney for Outdoor
Resorts.
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Board granted approval to accept the negotiated purchase price of$5,000 for the purchase
of County property on Long Key - Parcel ill: 386360 and approved the Contract for Purchase
and Sale and authorized the Mayor to execute the Quit Claim Deed upon receipt of an executed
and recorded Access Easement substantially in the form of Exhibit A, as verified by the County
Attorney.
Board authorized the County Attorney's office to provide legal counsel to the Supervisor
of Elections and the Canvassing Board on an as needed basis during the 2010 election cycle and
waiver of any conflict of interest that might arise.
Board granted approval of the termination of the consulting agreement with the
Southernmost Homeless Assistance League (SHAL).
Board adopted the following Resolution authorizing the acceptance of property in the
Key West Salt Ponds area (RE#00065120-000000) from the Monroe County Land Authority and
granted approval and authorized execution of a Grant of Conservation Easement attached as
Exhibit A for wetland restoration activities associated with the Runway Safety Area Project at
the Key West International Airport.
RESOLUTION NO. 117-2010
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy,
Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton
Mayor Norman Anderson was absent.
Motion was made by Commissioner Carruthers and seconded by Mayor Murphy granting
approval of a write off of ground ambulance transport account #800571-01 in the amount of
$509.00. Motion carried unanimously.
There being no further business, the meeting of the 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
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present.
MISCELLANEOUS BULK APPROVALS
The Board discussed Federal Aviation Administration Grant Agreement, Project Number:
3-12-0037-042-2010 to Construct Terminal Building on Key West International Airport property
(Reimbursement, Phase 4), as more particularly described in the Project Application dated
February 11, 2010 in the amount of$802,393.00. Peter Horton, Airports Director discussed the
matter. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers granting approval of the item. Motion carried unanimously.
The Board discussed a Resolution of the Board of County Commissioners of Monroe
County, Florida approving the Local Housing Assistance Plan as required by the State Housing
Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and rule
Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor to execute any
necessary documents and certifications needed by the State; authorizing the submission of the
Local Housing Assistance Plan for review and approval by the Florida Housing Finance
Corporation; and authorizing the use of 10% of the Local Housing Distribution plus 5% of
program income to be utilized for Administrative expenses; and providing an effective date. The
following individual addressed the Board: Manuel Castillo, Executive Director of the Monroe
County Housing Authority. After discussion, motion was made by Commissioner Wigington
and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimous I y.
RESOLUTION NO. 118-2010
Said Resolution is incorporated herein by reference.
The Board discussed a Microsoft Enterprise Enrollment State and Local - Amendment
#CTX-000-cgodfrey-S-026 to the Microsoft Volume Licensing Agreement #01E61767 and
corrected Enterprise Enrollment (indirect). Suzanne Hutton, County Attorney discussed the
matter. After discussion motion was made by Commissioner DiGennaro and seconded by
Commissioner Wigington to rescind the 11 page document - Microsoft Volume Licensing
Enterprise Enrollment (indirect), approved at the BOCC meeting of March 17, 2010 - agenda
item C 1 0; and granted approval and authorized execution of today' s item. Motion carried
unanimously. Bob Ward - Sr. Administrator, Network Technical Services also discussed the
item.
The Board discussed a Task Order with the firm Bermello Ajamil & Partners, Inc. to
conduct Space Assessment and Space Management Studies for county wide facilities. Jerry
Barnett, Project Management Director; Roman Gastesi, County Administrator; Suzanne Hutton,
County Attorney; and Danny L. Kolhage, Clerk of Courts discussed the matter. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to table
the item to the BOCC meeting of May 19, 2010 in Key Largo with instruction that the Board be
provided specific information as to the appraised value of all the real estate owned by the
County, the annual amount the County pays for all ofthe different locations the County leases,
and how much revenue is brought in on leases to other parties. Motion carried unanimously.
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The Board discussed a Resolution approving an extension to the term of the Interlocal
Agreement between the Monroe County Board of County Commissioners, the City of Key West
and the City of Marathon for the Lower Keys Shuttle Bus Service for a period of five (5) years
from April 6, 2010 to AprilS, 2015. Myra Wittenberg, Manager of Transportation for the City
of Key West addressed the Board. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 119-2010
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner
DiGennaro granting approval to reopen the agenda per the request ofthe County Attorney to
reconsider item R2 concerning the approval to cancel the December 1, 1983 lease (Exhibit 1 in
Backup) with Outdoor Resorts at Long Key, Inc., providing an effective cancellation date of
May 1, 2010, and for notice to be provided immediately after the BOCC meeting to the attorney
for Outdoor Resorts. Motion carried unanimously. Motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers approving the new cancellation for the
lease date from May 1, 2010 to today's date - April 21, 2010. Motion carried unanimously.
MISCELLANEOUS BULK ITEMS
The Board discussed the approval to amend and renew the existing bio-diesel fuel
contract with Blaylock Oil Company for delivery ofbio-diesel fuel for one additional year.
Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers that the item be put out for
re-bid and that the current contract for Bio Diesel Fuel Supplier with Blaylock Oil Company for
delivery ofbio-diesel fuel be approved on a month-to-month basis. Motion carried unanimously.
The Board discussed the approval of a Renewal Agreement with All Power Generators
Corp. for one additional year for emergency generator inspections and repairs - Upper, Muddle,
and Lower Keys Facilities from Key West to Card Sound - Monroe County. Dent Pierce, Public
Works Director discussed the matter. After discussion, motion was made by Commissioner
Wigington and seconded by Commissioner Neugent granting approval ofthe item. Motion
carried unanimously.
The Board discussed the following items:
Approval to exercise the second option to renew the contract with Dependable Janitorial
& Building Maintenance, Inc. for janitorial services at the Big Pine Key Library.
Approval to exercise the second option to renew and execute the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal
Library, Marathon, Florida.
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Approval to exercise the second option to renew and execute the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Islamorada
Library.
Approval to exercise the second option to renew and execute the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Key Largo
Library
After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner DiGennaro granting approval and authorizing execution of the above four items.
Motion carried unanimously.
The Board discussed entering into a one-year's Residential Lease Agreement with a Law
Enforcement Officer for Location B to commence April 1, 2010 and terminate March 31,2011.
Motion was made by Commissioner Carruthers and seconded by Commissioners DiGennaro
granting approval of the item. Motion carried unanimously.
The Board discussed approval of a Fourth Amendment to the Agreement with Clear
Channel Outdoor, Inc. for Constructing and Maintaining Bus Shelters in Monroe County for the
purpose of selling and placing advertising within shelters for the period of one year on County
and DOT rights of way. Judith S. Clarke, Director of Engineering Services 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 authorizing the County Administrator to execute a
payroll account acknowledgment form in order to establish payroll deductions for employees
wishing to enroll in supplemental voluntary plans that provides benefits to employees in the case
of an accident or illness with the American Family Life Assurance Company, Inc. (AFLAC).
Teresa Aguiar, Employee Services Director discussed the matter. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 120-2010
Said Resolution is incorporated herein by reference.
The Board discussed a renewal to the current property insurance policy with Marsh USA
the County's insurance broker, for Property Insurance package through quality rated insurance
companies not to exceed $608,765. 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. Teresa Aguiar, Employee Services Director
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington granting approval of the item in the amount of
$531,455.00. Motion carried unanimously.
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TOURIST DEVELOPMENT COUNCIL
The Board discussed the appointment of an "At Large" appointment to the Tourist
Development Council District III Advisory Committee. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of the
appointment of Mr. Ralph N. Lucignano. Motion carried unanimously.
STAFF REPORTS
PROJECT MANAGEMENT - Jerry Barnett, Project Management Director updated
the Board on several TDC funded projects his office has been working on along with the
DAC/TDC, as follows: Bricks & Mortar restoration on East and West Martello Towers;
Renovation of the rest rooms at East Martello Tower; and a proposed new addition to the Aids
Memorial located at the White Street Pier in Key West. In addition, Mr. Barnett also discussed
several projects his office has been working on along with Public Works which will also be TDC
funded, as follows: Addition of emergency fire exit stairs to the citadel at the East Martello
Towers and replacement of the fallen down chain link fence at West Martello Towers.
GROWTH MANAGEMENT - Christine Hurley, Growth Management Director
requested that the Board consider establishing a Public Hearing date for transmittal of the 2nd
Annual Comprehensive Plan. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers establishing the date for the Public Hearing as Tuesday, June 29,2010
at 10:00 AM in the Marathon Government Center. Motion carried unanimously. Ms. Hurley
also discussed the written monthly report; the TIER Committee which is an advisory committee
who are meeting tomorrow, April 22, 2010 and Friday, April 23, 2010; the EAR scoping meeting
with the Florida Department of Community Affairs which is scheduled to meet on Wednesday,
May 12, 2010; and announced that tonight at 6:00 P.M. there will be a public outreach meeting
being held at the SugarloafFire Station with the firm of Keith & Schnars to discuss the Year
2010 - 2030 Comprehensive Plan Update.
PUBLIC WORKS - Judith S. Clarke, Director of Engineering Services updated the
Board concerning a meeting Staff attended with DOT representatives on March 22, 2010
concerning funding for the Pigeon Key Ferry and signage at Gilbert's Marina on the 18 Mile
Stretch.
PROJECT MANAGEMENT
The Board discussed the current status and possible actions in response to the proposed
Numeric Nutrient Criteria (NNC) published by the U. S. Environmental Protection Agency
(USEP A). Kevin G. Wilson, Assistant Director - Project Management made a presentation.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
DiGennaro authorizing the submission of the letter dated April 21, 2010 to Secretary Jackson
with the U. S. Environmental Protection Agency in regards to the public comments on the
Federal proposal to establish Numeric Nutrient Criteria: Florida Lakes and Flowing Waters,
including canals. Roman Gastesi, County Administrator discussed the matter. Motion carried
unanimously.
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MONROE COUNTY SHERIFF'S DEPARTMENT
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to reopen the agenda to discuss item M2 concerning the Fiscal Year 2010
recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. Motion
carried unanimously. The following individual addressed the Board: Sue Heim. James
Callahan, Monroe County Fire Chief and Suzanne Hutton, County Attorney discussed the matter.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro approving SAFF item #48 - in the amount of $3,250.00. Motion carried
unanimously.
GROWTH MANAGEMENT
The Board discussed the advertisement of an Ordinance amending Section 19-1 of the
Monroe County Code concerning road abandonment. Christine Hurley, Growth Management
Director discussed the matter. After discussion, motion was made by Commissioner Wigington
and seconded by Commissioner Carruthers granting approval to advertise the Ordinance with
direction to the County Attorney to include language concerning public access. Motion carried
unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item to adopt a policy to
support the Shannon Melendi Act in Monroe County; and direction to staff to bring this issue
before the Parks And Recreation Advisory Board for their recommendation; and also discussed
Commissioner Carruthers' item for direction to Staffregarding the possible adoption of the
Shannon Melendi Act requiring all persons working or volunteering on county park property to
have national criminal background checks as a requirement of employment or service (and
rechecking every three years); confirmation that an employee/volunteer is not listed on the
national sex offender public web site; that employers must maintain records; employees &
volunteers must wear ill; and prohibiting sexual offenders, sexual predators, certain violent
felons, certain narcotics traffickers and non-legal immigrants from working or volunteering on
Monroe County park properties and the civil penalties for violations. All Monroe County
programming partners and community-based organizations will need to comply. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro directing Staff to investigate some kind of resolution to make sure that anyone using
our parks, recreational areas in conjunction with kids, has gone through a background check.
Motion carried unanimously.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to reopen the agenda to discuss item 05 concerning a Resolution bestowing the Name
"Cabanas Way" on a portion of right-of-way located in the Key West International Airport
property, Monroe County. Motion carried unanimously. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Neugent to approve the item. Roll
call vote was taken with the following results:
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Commissioner Carruthers
Commissioner DiGennaro
Commissioner Neugent
Commissioner Wigington
Mayor Murphy
No
Yes
Yes
Yes
Yes
Motion carried.
MISCELLANEOUS BULK ITEMS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to reopen the agenda to discuss item C 15 concerning a Microsoft Enterprise
Enrollment State and Local- Amendment #CTX-000-cgodfrey-S-026 to the Microsoft Volume
Licensing Agreement #01E61767 and corrected Enterprise Enrollment (indirect). Motion carried
unanimously. Suzanne Hutton, County Attorney discussed the matter. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to include Page 1 as page
1 of 12 in the document which was not included previously. Motion carried unanimously.
COUNTY CLERK
The Board discussed rescinding the contract with Exotic & Wildbird Rescue (Big Pine)
in the amount of $5,000 approved by the Board at the October 21, 2009 BOCC meeting. The
document has not been forwarded to the Clerk's Office for execution. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Carruthers granting
approval to rescind the document with Exotic & Wildbird Rescue. Tina Boan, Budget Director
discussed the matter. Motion carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written
Engineering Division - Wastewater Projects - March 2010 Status Report, dated April 21, 2010.
Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval and authorizing execution of the State Financial Assistance Agreement with
the Florida Department of Environmental Protection (FDEP) - Wastewater Grant LP6803,
Monroe County Amendment No.2, which is required to change the budget allocation from
Equipment to Construction. Motion carried unanimously.
Liz Wood, Sr. Administrator, Sewer Projects discussed the matter. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval and authorizing execution of the Clean Water State Revolving Fund
Construction Loan Agreement WW602091 between the State of Florida Department of
Environmental Protection and Monroe County. Motion carried unanimously.
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COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written Monthly Activity
Report - March, 2010 - dated April 6, 2010.
The Board and County Administrator Roman Gastesi discussed Monroe County's 2010
State and Federal Legislative agenda. Said document is incorporated herein by reference. The
following individual addressed the Board: John November, representing Citizen's Not Serfs.
COUNTY ATTORNEY
The Board discussed a Resolution in support of the Boy Scouts amended application to
rename all of the Spanish Harbor Keys, including West Summerland Key, to "Scout Key". The
following individual addressed the Board. Donald Craig, representing the Boy Scouts of
America. Chief Assistant County Attorney, Bob Shillinger discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent to adopt the following Resolution, with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Neugent
Commissioner Wigington
Mayor Murphy
Yes
Yes
Yes
No
No
Motion carried.
RESOLUTION NO. 121-2010
Said Resolution is incorporated herein by reference.
The Board discussed direction regarding the choice of options for pursuing the
acquisition for the development of a new Stock Island Fire Station. A slide presentation with a
brief outline of the options including maps to identify the separate sites with each option was
provided by Jerry Barnett, Project Management Director. The Board authorized Staff to move
forward with Option #4 - Purchase an existing usable building large enough to accommodate a
fire station and other county functions.
PUBLIC HEARINGS
A Public Hearing was held to consider the Issuance of a Certificate of Public
Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of
an ALS transport ambulance service for the period April 21, 2010 through April 20, 2012. The
Board accepted public input with the following individuals addressing the Board: Danny ColI,
and Charles Maymon, representing American Ambulance Service. Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner DiGennaro granting approval of the Issuance of a Certificate of
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Public Convenience and Necessity (COPCN) to American Ambulance Service, Inc. Motion
carried unanimously.
A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
of Fiscal year 2010 One Cent Infrastructure Sales Tax Fund 304, 2003 Revenue Bonds Fund
307, 2007 Revenue Bonds Fund 308, Big Coppitt Wastewater Fund 310 and Debt Service Fund
207. There was no public input. Motion was made by Commissioner Wigington and seconded
by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 122-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Monroe
County Code Chapter 2, Providing for Registration of Representation of Others before Board of
County Commissioners, Planning Commission and Others of Lobbying Activities; 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. The Board accepted public input with
the following individuals addressing the Board: Jackie Harder, representing the Key Largo
Chamber of Commerce; and John November, representing Citizens Not Serfs. After discussion,
motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to
adopt the following Ordinance, with a sunset clause of November 30, 2010. Motion carried
unanimously.
ORDINANCE NO. 011-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance to provide penalties and
enforcement by civil action for violations of Section 14-40 through 14-45 of the Monroe County
Code known as the Monroe County Human Rights Ordinance, by adding Section 14-46;
Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances, and Providing an
effective date. There was no public input. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 012-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section 6-
198 of the Monroe County Code; Amending Section 6-198 definitions; Alphabetizing the
definitions; Providing for required examinations and experience in various contractor specialties;
Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances, and Providing an
effective date. There was no public input. Motion was made by Commissioner Carruthers and
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seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 013-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section 21-46
of the Monroe County Code; Amending Sections 21-74 and 21-74(2)(a) of the Monroe County
Code; Amending Section 23-76(a) 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. The Board accepted public input with the following
individual addressing the Board: Jackie Harder, representing the Key Largo Chamber of
Commerce. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent to continue the item to the BOCC meeting of May 19, 2010 in Key
Largo at 3:00 P.M. Motion carried unanimously.
A Public Hearing was held to consider a Resolution amending the Planning and
Environmental Resources Department fee schedule to add an appeal fee ROGO/NROGO;
Clarifying other charges; Repealing any other fee schedules inconsistent herewith. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 123-2010
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
The Board discussed options for the Board of County Commissioners and ultimate
FEMA consideration regarding proposed modifications to the County's floodplain management
ordinances and related matters. The following individual addressed the Board: John November,
representing Citizens Not Serfs. Christine Hurley, Growth Management Director and Bob
Shillinger, Chief Assistant County Attorney provided an update on the item. No official action
was taken.
The Board discussed an item for Staff direction to establish a Process and Procedure for
the removal of unsafe, unoccupied, non-homestead structures. Christine Hurley, Growth
Management Director; Rhonda Norman, Code Enforcement Director; and Bob Shillinger, Chief
Assistant County Attorney discussed the matter. Ms. Hurley indicated that Staff is not asking for
adoption of the item today, only discussion, as it will be brought back to the Board at a later date
in final form for consideration. A slide presentation was provided by Ms. Norman that identified
the types of structures being referred to. No official action was taken.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney provided a brief update concerning the gift policy as it
pertains to the County Attorney and County Administrator.
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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
JhaLJ2 C. ~
Isabel C. DeSantis, Deputy Clerk