06/16/2010 Regular
~REV'SION]
101
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 16,2010
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 Kim
Wigington, Commissioner George Neugent and Mayor Sylvia Murphy. 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.
DEEP WATER HORIZON OIL SPILL UPDATE
Mark Stultz, British Petroleum Vice-President of Policy & U.S. Regulatory Affairs; and
Captain Pat DeQuattro, U.S. Coast Guard - Key West Sector Commander provided an update to
the Board on their contingency plan for the potential Environmental and Economic impacts to '*
the Florida Keys as a result of the Deep Water Horizon Oil Spill in the Gulf of Mexico
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation celebrating June as Red Cross Water Safety Month
in Monroe County.
Presentation of Mayor's Proclamation celebrating The Sons ofItaly in America National
Day of Recognition on June 19,2010 in Monroe County.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
granting approval of the following items by unanimous consent:
Board adopted the following Resolution adopting the Florida Green Building Coalition's
green commercial building standard in addition to the Florida Building Code for county public
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buildings as the standard to be uses for construction of all public buildings from the date of this
resolution.
RESOLUTION NO. 147-2010
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Lease Extension Agreement with
the Disabled American Veterans, Chapter 122, for lease of property at Florida Keys Marathon
Airport, for a term of sixty months.
Board granted approval and authorized execution of a Lease Agreement with Federal
Express Corporation for use of air cargo building and unimproved areas around the building at
Florida Keys Marathon Airport.
Board granted approval to award bid and authorized execution of an Agreement between
the Board of County Commissioners of Monroe County and l.A. LaRocco Enterprises, Inc. for
the installation of fire hydrants in unincorporated Monroe County using Ad Valorem taxes,
Impact Fees, and other funding sources such as grants, private donations, etc.
Board granted approval and authorized execution of an Emergency Management
Performance Grant FYll Federally Funded Subgrant Agreement ll-FG-15-ll-54-0l- in the
amount of$60,669.00, fully grant funded and no county match, and authorization for the County
Administrator to execute any other required documentation in relation to the application process.
Board granted approval and authorized execution of a Contract with Paradise Divers, Inc.
for the Temporary Ferry Service between Marathon and Pigeon Key.
Board adopted the following Resolution to submit the consolidated Small County Solid
Waste Management Grant Application to the Florida Department of Environmental Protection
(DEP).
RESOLUTION NO. 148-2010
Said Resolution is incorporated herein by reference.
Board granted approval for Staff to continue purchasing air time on Radio Ritmo, the
only bilingual station in the Florida Keys, in an effort to continue outreach and education efforts
to our Spanish speaking residents regarding our Solid Waste and Recycling Goals, Programs and
events.
Board granted approval to amend the Contract with Barnes Alarm, Inc. for fire and panic
alarm system annual certification, maintenance and monitoring to include new buildings, to
delete vacated locations, and to clarify language.
Board granted approval to award bid and authorized execution of an Agreement with
Lawrence Fence Corporation for fencing at the African Memorial Project in Key West.
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Board granted approval and authorized execution of a Lease with Kennedy Galleries for
retail space at Key West International Airport.
Board adopted the following various Resolutions for the Transfer of Funds, Receipt of
Unanticipated Revenue, Amending and Rescinding:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 149-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 150-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 151-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 408-2009 (OMB Schedule Item No.4).
RESOLUTION NO. 152-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 153-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 154-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 155-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 396-2009 (OMB Schedule Item No.8).
RESOLUTION NO. 156-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 398-2009 (OMB Schedule Item No.9).
RESOLUTION NO. 157-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 402-2009 (OMB Schedule Item No. 10).
RESOLUTION NO. 158-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 399-2009 (OMB Schedule Item No. 11).
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RESOLUTION NO. 159-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 400-2009 (OMB Schedule Item No. 12).
RESOLUTION NO. 160-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 401-2009 (OMB Schedule Item No. 13).
RESOLUTION NO. 161-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 162-2010
Said. Resolution is incorporated herein by reference.
Amending Resolution No. 405-2009 (OMB Schedule Item No. 15).
RESOLUTION NO. 163-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 406-2009 (OMB Schedule Item No. 16).
RESOLUTION NO. 164-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 412-2009 (OMB Schedule Item No. 17).
RESOLUTION NO. 165-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 413-2009 (OMB Schedule Item No. 18).
RESOLUTION NO. 166-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 416-2009 (OMB Schedule Item No. 19).
RESOLUTION NO. 167-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 168-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 423-2009 (OMB Schedule Item No. 21).
RESOLUTION NO. 169-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 431-2009 (OMB Schedule Item No. 22).
RESOLUTION NO. 170-2010
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 171-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 172-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 173-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 174-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 175-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 176-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 177-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 126-2010 (OMB Schedule Item No. 30).
RESOLUTION NO. 178-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 127-2010 (OMB Schedule Item No. 31).
RESOLUTION NO. 179-2010
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment for
Affordable Housing Programs Special Revenue Fund 100.
Board granted approval and authorized execution of an Amendment to Agreement with
the Marathon Wild Bird Center, Inc. to reflect a change in the grant award.
Board granted approval to apply for the Residential Substance Abuse Treatment Grant
and for the Mayor, Chief Financial Officer, and Grants Administrator to sign/execute the
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application and related certifications and attachments, and complete the grant application online
at the Florida Department of Law Enforcement website.
Board granted approval and authorized the Mayor to execute the Edward Byrne
Memorial Justice assistance Grant Certificate of participation with the Florida department of
Law Enforcement for the fiscal year 2010 (Oct. 1,2010 through Sept. 30,2011), whereby
Monroe County agrees to act as the coordinating unit of government for this grant; and to
authorize this same coordination role for the County for this grant in the future.
Board granted approval and authorized execution of a Memorandum of Understanding
supporting the South Florida and Treasure Coast Regional Planning Council in preparing a joint,
regional application to U.S. HUD for funding under the federal Sustainable Communities
Initiative for the seven county region of Southeast Florida, including Monroe County, and to
participate in the initiative if funded. The South Florida Regional Planning Commission has
asked each of the seven counties, as well as other potential regional partners, for a Memorandum
of Understanding to support the application.
Board granted approval of the receipt of the monthly report on Change Orders reviewed
by the County Administrator's Office. Said document is incorporated herein by reference.
Board granted approval of a request to construct an addition to the existing AIDS
Memorial located at Higgs Beach, Key West. Attached drawings show the Design and Scope of
the project. Approval is subject to any changes to the design that may be required to meet current
codes and changes necessary to conform to the design concepts ofthe Higgs Beach Master Plan,
which is under development at this time.
Board granted approval and authorized execution of the Community Care for the Elderly
(CCE) Contract KC-1071 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year
7/1/1 0 to 6/30/11.
Board granted approval and authorized execution of the Alzheimer's Disease Initiative
(ADI) Contract KZ-1097 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal
year 7/1/1 0 to 6/30/11.
Board granted approval and authorized execution of the Community Care for Disabled
Adults (CCDA) Contract #KG-065 (7/1/10-6/30/11) between the Florida Department of Children
& Families and the Monroe County Board of County Commissioners (Social Services/In-Home
Services).
Board granted approval of Amendment 006 to the Community Care for the Elderly
(CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year
7/1/09 to 6/30/10.
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Board granted approval and authorized execution of Amendment 001 to the Visiting
Nurse Association (VNA) Contract (7/1/09-6/30/1 0) between Monroe County Board of County
Commissioners (Social Services/In-Home Services) and Hospice ofthe Florida Keys, Inc. d/b/a
Visiting Nurse Association.
Board granted approval and authorized execution ofthe Home Care for the Elderly
(HCE) Contract KH-I072 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal
year 7/1/10 to 6/30/11.
Board granted approval and authorized execution for Continuation of a contract between
Monroe County Board of County Commissioners and Hospice of the Florida Keys, Inc. d/b/a
Visiting Nurse Association, to provide direct in-home services for the elderly and disabled as
provided under grants to Monroe County from the Alliance for Aging (e.g., ADI, CCE, & OAA)
and the Department of Children and Families (e.g., CCDA).
Board granted approval for Solid Waste staffto reduce tipping fees from $ 120/ton to
$85/ton, for disposal of illegal fishing gear, by the Florida Fish and Wildlife Conservation
Commission. This is a statewide program operated by the Florida Fish and Wildlife Conservation
Commission.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement with Marathon
Garden Club, Inc. in an amount not to exceed $13,549, DAC III, FY 2010 Capital Resources for
the Roof Repair project.
Board granted approval and authorized execution of an Agreement with Key West
Players, Inc. covering the stage repair and rigging renovation at the Waterfront Playhouse in an
amount not to exceed $25,000, DAC I, FY 2010 Capital Resources.
Board granted approval and authorized execution of an Amendment to Agreement with
Key West Symphony Orchestra, Inc. covering the Key West Symphony Orchestra between
November, 2009 and July, 2010 to revise schedule and budget.
Board granted approval and authorized execution of an Agreement with Pigeon Key
Foundation, Inc. in an amount not to exceed $4,925, DAC III, FY 2010 Capital Resources for the
Paint Foremans Building Restoration project.
Board granted approval and authorized execution of an Agreement with Dolphin
Research Center, Inc. in an amount not to exceed $140,000, DAC III, FY 2010 Capital
Resources for the construction of the Family Spray Ground Park project.
Board granted approval and authorized execution of an Amendment to Agreement with
218 Duval Street Corporation for Fight Night in the Keys - III to revise scope of services for
District IV.
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Board granted approval and authorized execution of an Agreement with Old Island
Restoration Foundation, Inc. covering the Oldest House Museum & Garden ADA Access Ramp
and Upgrade project in an amount not to exceed $15,810, DAC I, FY 2010 Capital Resources.
Board granted approval and authorized execution of an Amendment to the Interlocal
agreement with the City of Key West to exercise option to extend Smathers and Rest beach
maintenance services to September 30, 2015.
Board granted approval and authorized execution of an Agreement with Key West
Botanical Garden Society, Inc. covering the Renovation of Nature Chapel and Chapel Area in an
amount not to exceed $98,000, DAC I, FY 2010 Capital Resources.
GROWTH MANAGEMENT
Board granted approval to advertise a request for bids for a new pump-out vessel
(replacing the existing pump-out vessel) of approximately twenty seven foot length and a sewage
capacity of approximately five hundred gallons.
Board adopted the following Resolution directing staff to act on the extensions of
building permits and development approval in accordance with SB 1752 and establishing the fee
for building permit extensions at $250.00 and other Growth Management development orders as
provided by Monroe County Code.
RESOLUTION NO. 180-2010
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
Board adopted the following Resolution authorizing the Mayor and/or County
Administrator to execute the Small Cities Community Development Block Grant (CDBG)
application, award agreement, program documents, and close-out documentation.
RESOLUTION NO. 181-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution adopting a revised Community Development
Block Grant (CDBG) Housing Assistance Plan (HAP) which incorporates Green Rehabilitation
Standards.
RESOLUTION NO. 182-2010
Said Resolution is incorporated herein by reference.
SHERIFF DEPARTMENT
Board granted approval of the request for expenditure from the Law Enforcement Trust,
in the amount of $20,000 as follows:
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$10,000
Boys and Girls Clubs of the Keys - to help provide financial assistance to
continue providing the summer program to families who are in need.
$10,000
Summer Recreation Program - to help provide a safe and nurturing
environment in our schools for the children to spend their summers.
Board granted approval to apply for the Edward Byrne Justice Assistance (JAG) Local
Solicitation Grant, and requesting approval for the Sheriff to be designated as the Organizational
Unit; and authorization for the Sheriffto accept the grant and execute any other required grant
documents, if awarded.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Carruthers reappointment of Neil McMichael
to the Florida Keys Council for People with Disabilities.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular BOCC meeting held April 21, 2010 (previously distributed).
Board granted approval of the following Warrants: (105429 - 105504 and 551375 _
552346) General Fnnd (001), in the amount of$I,378,563.27; Fine & Forfeiture Fund (101),
in the amount of$3,096,733.12; Road and Bridge Fund (102), in the amount of$47,812.14;
TDC District Two Penny (115), in the amount of$276,342.11; TDC Admin. & Promo 2 Cent
(116), in the amount of$398,646.70; TDC District 1,3 Cent (117), in the amount of
$563,395.12; TDC District 2,3 Cent (118), in the amount of $69,416.45; TDC District 3,3
Cent (119), in the amount of$127,164.56; TDC District 4,3 Cent (120), in the amount of
$122,567.66; TDC District 5,3 Cent (121), in the amount of$83,345.69; Gov. Fund Type
Grants (125), in the amount of$209,348.37; Fire & Amb District 1 L&M Keys (141), in the
amount of$123,693.71; Upper Keys Health Care (144), in the amount of$2,211.95; Uninc
Svc Dist Parks & Rec (147), in the amount of$43,241.23; Plan, Build, Zoning (148), in the
amount of$176,589.87; Municipal Policing (149), in the amount of$469,758.96; Duck Key
Security (152), in the amount of$3,932.81; Local Housing Assistance (153), in the amount of
$38,649.32; Boating Improvement Fund (157), in the amount of$4,477.88; Misc. Special
Revenue Fund (158), in the amount of $72,405.00; Environmental Restoration (160), in the
amount of$17,736.19; Law Enforcement Trust (162), in the amount of$250.00; Cudjoe-
SugarloafMSTU (172), in the amount of$18.21; Building Fund (180), in the amount of
$6,163.68; 1 Cent Infra Surtax (304), in the amount of $207,970.87; Infr Sls Srtx Rev
Bds2007 (308), in the amount of$891,103.34; Big Coppitt Wastewater PR, (310), in the
amount of$849,382.96; Card Sound Bridge (401), in the amount of$8,260.19; Marathon
Airport (403), in the amount of$114,767.31; Key West IntI. Airport (404), in the amount of
$424,344.30; KW AlP Series 2006 Bonds (405), in the amount of$5,049.85; PFC & Oper
Restrictions (406), in the amount of$32,131.71; MSD Solid Waste (414), in the amount of
$1,177,506.58; Worker's Compensation (501), in the amount of$12,388.57; Group Insurance
Fund (502), in the amount of$256,687.75; Risk Management Fund (503), in the amount of
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$606,361.35; Fleet Management Fund (504), in the amount of$93,165.21; Fire&EMS
LOSAP Trust Fund (610), in the amount of$1,635.00.
Board granted approval ofTDC expenditures for the month of May, 2010: Advertising,
in the amount of$1,105,166.20; Bricks & Mortar/Interlocal Projects, in the amount of
$5,196.55; Visitor Information Services, in the amount of$102,996.00; Events, in the amount
of$208,569.69; Office Supplies & Oper Costs, in the amount of $28,502.42; Personal
Services, in the amount of$62,960.66; Public Relations, in the amount of$41,376.86; Sales &
Marketing, in the amount of$53,020.75; Telephone & Utilities, in the amount of$20,186.07;
Travel, in the amount of$13,148.09.
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 granted approval for the running of the 30th Annual 7-Mile Bridge Run for
Saturday, April 09, 2011 from 6:45 A.M. to 9:00 A.M.
Board granted approval ofthe reappointment of John Repetto to the 2010-2011 Value
Adjustment Board as the Board's appointee.
COUNTY ATTORNEY
Board adopted the following Resolution establishing a process for the BOCC to evaluate
the performance of the County Administrator.
RESOLUTION NO. 183-2010
Said Resolution is incorporated herein by reference.
Motion carried unanimously
GROWTH MANAGEMENT
The Board discussed a request for direction and authorization for the Mayor to sign the
following letters:
A) To FEMA outlining proposed changes to Flood Plain Enforcement Process,
including use of 1316 letter after inspection, but prior to initiating local code
enforcement proceedings.
B) To FEMA requesting an amortization period or grace period for property owners
who have an illegal downstairs enclosure that are discovered as part of the County Building
inspection upon permit (ordinance 6-107 requirements).
Christine Hurley, Growth Management Director discussed the matter. The following
individuals addressed the Board: John November, representing Citizen's Not Serfs; and
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Michelle Hardin. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Neugent denying the above item. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item concerning a Resolution
supporting the Florida Keys Environmental Coalition and its' efforts in connection with the
Deepwater Horizon Oil spill. The following individuals addressed the Board: Ed Russo and
Barry Wray, representing the Florida Keys Environmental Coalition. Roman Gastesi, County
Administrator discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Neugent to adopt the following Resolution, as
revised. Said revisions are as follows:
Page 1:
3rd WHEREAS,
4th WHEREAS,
7th WHEREAS,
Page 2:
Section 3.
Change the words from: "are likely to approach" to
"may approach" and insert the word "could"
between the words "and" and "represent".
Entire section deleted.
To be changed to: the Florida Keys Environmental
Coalition is composed of a number of existing and
long-term environmental groups and has collected
in excess of 4000 volunteers to date many of whom
have already taken essential hazardous material,
oiled wildlife and National Incident Management
System (NIMS) training to enable proper leadership
and coordination with all Incident Command
participants; and
Entire section deleted.
RESOLUTION NO. 184-2010
Said Resolution is incorporated herein by reference.
Roll call vote was unanimous.
PUBLIC WORKS
The Board discussed bid proposals from Stand Up for Animals, Inc., (SUP A) to operate
the Big Pine and Marathon Animal Control. Dent Pierce, Public Works Director and Beth Leto,
Assistant Public Works Director discussed the matter. The following individual addressed the
Board: Linda Gottwald, representing SUF A. Mayor Murphy paraphrased a letter from Ginger
Snead, City of Marathon Mayor. Roman Gastesi, County Administrator discussed the matter.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to table the item to the Board's next regular meeting in Marathon on
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September 15,2010; and to continue the current contract on a month-to-month basis at the
current rate for a period of90 days (from the date of June 30, 2010). Motion carried
unanimously.
MISCELLANEOUS BULK ITEMS
Mayor Murphy excused herself from the meeting.
The Board discussed the award of bid and Contract with Jayne's Cleaning Service, Inc.
for janitorial services at the May Hill Russell Library, Key West, Florida, and the Department of
Juvenile Justice Building - second floor. Dent Pierce, Public Works Director discussed the
matter. The following individual addressed the Board: Christine Dunn. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington
granting approval ofthe item. Motion carried unanimously, with Mayor Murphy not present.
The Board discussed the termination of the Lease Agreement with Orion Bank for the
Automatic Teller Machine at the Key West International Airport. Peter Horton, Airports
Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously, with Mayor Murphy not present.
The Board discussed a Workers' Compensation settlement in the amount of$85,000
(inclusive of attorney fees and costs) for file #05060600-GH. Teresa Aguiar, Division Director _
Employee Services discussed the matter. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Neugent granting approval ofthe item. Motion carried unanimously,
with Mayor Murphy not present.
Mayor Murphy returned to the meeting and took her seat.
The Board discussed the approval of an extension of State HB7l2l Grant for Design and
Construction of an Emergency Operations Center, Modification #3 to Sub grant Agreement
between the State of Florida Division of Emergency Management and Monroe County, Contract
Number 08-EC-30-ll-54-0l-039. Kevin Wilson, Assistant Director - Project Management
discussed the matter. Motion was made by Commissioner Carruthers and seconded by
Commissioner DiGennaro granting approval of the item. Motion carried unanimously.
The Board discussed the issuance of a Request for Proposals (RFP) for renovation of the
Monroe County Courthouse in Marathon. Kevin Wilson, Assistant Director _ Project
Management discussed the matter. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Neugent granting approval ofthe item. Motion carried unanimously.
The Board discussed advertising a Public Hearing to consider adoption of an
Ordinance amending Sec. 23-76, MCC adding specific language regarding "mobile business first
time" for clarification. Dent Pierce, Public Works Director discussed the matter. Motion was
made by Commissioner Neugent and seconded by Commissioner DiGennaro granting approval
of the item. Motion carried unanimously.
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STAFF REPORTS
Airport - Peter Horton, Airports Director reported to the Board that the Annual
Inspection conducted by the Federal Aviation Administration (FAA) has written up the Key
West International Airport for the first time in six years due to his refusal to apply for a permit to
kill birds at the airport which was part of the wildlife Hazard Management Plan submitted to the
FAA.
Growth Management - Christine Hurley, Growth Management Director reported to the
Board on the status of the FEMA Injunction litigation - biological opinion. Ms. Hurley then
discussed the upcoming Comprehensive Plan Transmittal Hearing date scheduled for June 29,
2010 in Marathon at 10:00 A.M. At the hearing, staff will request that three ofthe six items be
continued to July 21,2010 at 6:00 P.M. at the Harvey Government Center in Key West. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to hold a Comprehensive Plan Transmittal Hearing on July 21,2010 at 6:00 P.M. in
Key West. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item regarding BOCC approval and
direction to Staff to create and institute standardized statistical reporting criteria for Animal
Control Shelter Provider monthly activity reports. Dent Pierce, Public Works Director and Beth
Leto, Assistant Public Works Director discussed the matter. The item was referred to Staff. No
official action was taken.
MISCELLANEOUS BULK ITEMS / COUNTY ATTORNEY
The Board discussed a Resolution rescinding Resolution No. 060-2010 and prohibiting
the parking, standing or stopping of vehicles at the end of, and on the paved portions of, Sunrise
Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean in
Tavernier. Dent Pierce, Public Works Director 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. Motion carried unanimously.
RESOLUTION NO. 185-2010
Said Resolution is incorporated herein by reference.
The Board discussed a Resolution prohibiting the parking, standing or stopping of
vehicles along the County right of way on both sides of a portion of Caribbean Drive, Port
Largo, Key Largo, Florida. Dent Pierce, Public Works Director and Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 186-2010
Said Resolution is incorporated herein by reference.
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COUNTY ATTORNEY
The Board discussed the approval of an advertisement to hold a Public Hearing to
consider adoption of a County Ordinance to amend sections of Chapters 19 and 25 of the Monroe
County Code to clarify prohibited uses of County rights-of-way and provide limitations on
appeal processes, additional enforcement measures, penalties and increased fees for permits.
The following individual addressed the Board: Michelle Hardin. Roman Gastesi, County
Administrator discussed the matter. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner Neugent granting approval of the item. Motion
carried unanimously.
GROWTH MANAGEMENT
The Board discussed authorization for the Mayor to submit, on behalf of the BOCC,
public input on the Environmental Impact Statement for the air field operations at the Naval Air
Station Key West. The following individuals addressed the Board: Don Riggs, representing the
M-I0 Coalition and Ron Demes, Executive Director - Naval Air Station Key West. The Board
discussed putting together a community oversight committee. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Wigington that a member of
the M-I0 Coalition, a county staff member, John Hammerstrom, and County Commissioner Kim
Wigington serve on a Community Oversight Committee. Motion carried unanimously. Motion
was then made by Commissioner Wigington and seconded by Mayor Murphy approving the item
as conditioned, with each county commissioner submitting their recommendations within ten
(10) days to the County Attorney and County Administrator for compilation along with a letter
from the County Attorney. Motion carried unanimously.
CLOSED SESSIONS
A Closed Session was held to discuss collective bargaining with the Professional
Firefighters of Monroe County, IAFF Local 3909. Suzanne Hutton, County Attorney read the
required information into the record.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance amending Monroe County Code
Section 2-148, Definitions of Lobbyist and Principal; 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. The Board accepted public input
with the following individuals addressed the Board: Nicholas W. Mulick, Ron Miller, Pauline
Klein, Russell Yagel, Sloan Bashinsky, and Andrew Tobin. Suzanne Hutton, County Attorney
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent to advertise the repeal of the existing ordinance and
consideration of a new ordinance. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
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Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Murphy Yes
Motion carried.
The second of two required Public Hearings was held for submission of an application to
the Department of Community Affairs Small Cities Community Development Block Grant
(CDBG) Program. There was no public input. Liz Wood, Sr. Administrator Wastewater
Projects; and Calvin Knowles, VP - Meridian Community Solutions, Inc. discussed the matter.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
authorizing the submission of the application. Motion carried unanimously.
A Public Hearing was held to consider a request for Administrative Relief made by
Emesto and Mireille Padron, Jr. on property described as Lot 5, Block 15, Key Largo Beach
Addition, Key Largo, Real Estate Number 00503740.000000. There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to
adopt the following Resolution approving the request in the form of one (1) Dwelling Unit
Allocation Award. Motion carried unanimously.
RESOLUTION NO. 187-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by Steve
Swanberg on property described as Lot 1, Block 11, Cutthroat Harbor Estates 1 st Addition,
Cudjoe Key, Real Estate Number 00185330.000000. There was no public input. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the
following Resolution approving the request in the form of one (1) Dwelling Unit Allocation
Award. Motion carried unanimously.
RESOLUTION NO. 188-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Miriam C. Rodriguez for property described as Lot 28, Block 4, Revised Amended Plat of
Riviera Village, Key Largo, Real Estate Number 00511460.000000. There was no public input.
Christine Hurley, Growth Management Director informed the Board that the applicant requested
for the item to be continued to the Board's meeting of August 18,2010 in Key Largo. Motion
was made by Commissioner Wigington and seconded by Commissioner Carruthers to continue
this matter and the below item to the Board's August meeting in Key Largo. Motion carried
unanimously.
A Public Hearing was held to consider a request for Administrative Relief made by
Miriam C. Rodriguez for property described as Lot 29, Block 4, Revised Amended Plat of
Riviera Village, Key Largo, Real Estate Number 00511470.000000.
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A Public Hearing was held to consider a request for Administrative Relief made by Triple
J Investments Inc. for property described as Lot 23, Block 3, Ocean Park Village, Key Largo,
Real Estate Number 00446010.000000. The Board accepted public input with the following
individual addressing the Board: Jay Frins. Christine Hurley, Growth Management Director
discussed the matter. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Resolution approving the request in the form of
a purchase offer from the Monroe County Land Authority. Motion carried unanimously.
RESOLUTION NO. 189-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Henry D and Barbara A Pinder TIC for property described as Lot 1, Block 4, Tropical Bay 3rd
Addition, Big Pine Key, Real Estate Number 00313510.000000. The Board accepted public
input with the following individual addressing the Board: Henry Pinder. Christine Hurley,
Growth Management Director discussed the matter. Motion was made by Commissioner
Wigington and seconded by Commissioner DiGennaro to adopt the following Resolution
approving the request in the form of a purchase offer from the Monroe County Land Authority.
Motion carried unanimously.
RESOLUTION NO. 190-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Native Rental Properties LLC for property described as Lot 3, Block 1, Revised Plat of Sunrise
Point, Key Largo, Real Estate Number 00484410.000000. The Board accepted public input with
the following individuals addressing the Board: Andrew Tobin, Esq., and Brett Ekbloom.
Christine Hurley, Growth Management Director discussed the matter. Motion was made by
Commissioner Neugent and seconded by Commissioner DiGennaro to adopt the following
Resolution approving the request in the form of one (1) RaGa allocation award. Motion carried
unanimously.
RESOLUTION NO. 191-2010
Said Resolution is incorporated herein by reference.
Commissioner Carruthers excused herself from the meeting.
A Public Hearing was held to consider a request for Administrative Relief made by
Thomas Carl & Judy Michelle Rothdeutsch for property described as Lot 14, Block 1,
Torchwood West Unit One, Big Torch Key, Real Number 00243621.001400. Applicant requests
a continuance to the July 21,2010 BOCC in Key West. There was no public input. Christine
Hurley, Growth Management Director discussed the matter. Motion was made by Commissioner
Wigington and seconded by Commissioner DiGennaro to table the matter. Motion carried
unanimously, with Commissioner Carruthers not present.
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A Public Hearing was held to consider a Resolution adding a fee to the Planning and
Environmental Resources Fee Schedule for SB 1752 extensions. There was no public input.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to
adopt the following Resolution amending the Planning and Environmental Resources
Department Fee Schedule to add a fee for Senate Bill 1752 extensions; Repealing any other fee
schedules inconsistent herewith. Motion carried unanimously, with Commissioner Carruthers not
present.
RESOLUTION NO. 192-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance of the Monroe County Board of
County Commissioners amending section 138-24 of the Monroe County Code concerning
ROGO allocations, allowing those held in abeyance by the Planning Commission because of
tierless property rankings to be rolled over to the following ROGO year as market rate
allocations. There was no public input. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Wigington to adopt the following Ordinance amending Section 138-
24 of the Monroe County Code concerning ROGO Allocations; Providing for severability;
Providing for repeal of inconsistent provisions; Providing for inclusion in the Monroe County
Code of Ordinances; Providing for filing with the Secretary of State and transmittal to the
Department of Community Affairs; Providing for an effective date. Motion carried
unanimously, with Commissioner Carruthers not present.
ORDINANCE NO. 020-2010
Said Ordinance is incorporated herein by reference.
Commissioner Carruthers returned to the meeting and took her seat.
The first of two Public Hearings was held to consider an Ordinance by the Monroe
County Board of County Commissioners creating Section 130-131 of the Monroe County Land
Development Code, creating the Lower Sugarloaf Key Community Center Overlay District for
real estate number 00118470.000000 and for portions of parcels having real estate numbers
00118420.000000 and for 00117930.000000 described as a portion of Government Lot 3 and
portion of Government Lot 4, Section 3, Township 67 South, Range 27 East and a portion of
Government Lot 3, Section 34, Township 66 South, Range 27 East, SugarloafKey, Monroe
County, Florida and a portion of Government Lot 3, Section 34, Township 66 South, Range 27
East, SugarloafKey, Monroe County, Florida Lower SugarloafKey Gulf Side at approximately
mile marker 17; Providing for severability; Providing for repeal of inconsistent provisions;
Providing for transmittal to the Department of Community Affairs and the Secretary of State;
Providing for codification; Providing for an effective date. The Board also discussed an
Ordinance amending the Land Use District Map designation from Destination Resort (DR),
Native Area (NA) and Suburban Commercial (SC) to Mixed Use (MU) for real estate number
00118470.000000 and for portions of parcels having real estate numbers 00118420.000000 and
00117930.000000 described as a portion of Government Lot 3 and portion of Government Lot 4,
Section 3, Township 67 South, Range 27 East and a portion of Government Lot 3, Section 34,
Township 66 South, Range 27 East, SugarloafKey, Monroe County, Florida, Lower Sugarloaf
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Key, at approximately mile marker 17. Christine Hurley, Growth Management Director
discussed the matter. The Board accepted public input with the following individuals addressing
the Board: Joelle Keane, Bill Eardley, Lloyd Good, owner of the SugarloafLodge; Gordon
West, representing the SuglarloafShore Property Owner's Association; Anne Shaver, and Bill
Hunter.
The above items will be brought back before the Board its' September, 2010 meeting in
Marathon.
WASTEWATER ISSUES
Public discussion was held concerning the Fair Housing requirements during a regular
advertised Board of County Commissioners meeting to claim outstanding performance in fair
housing on the Small Cities Community Development Block Grant (CDBG) application. Calvin
Knowles, VP - Meridian Community Solutions, Inc. discussed the matter.
Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the Draft
Wastewater Department - Wastewater Projects - May 2010 Status Report - June 16,2010.
COMMISSIONERS' ITEMS
The Board discussed Mayor Murphy's item concerning direction to convene a committee
to examine and possibly modify the Human Services Advisory Board funding process and
policies including funding categories, weighting of categories, etc. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Neugent that a
committee be convened consisting of9 voting members, to include 5 current HSAB members
and 4 additional members to be appointed be each of the four Commissioners. The Mayor will
go as a liaison and Lisa Tennyson - Grants Administrator will go as a staff person. The
committee is to sunset no later than 6 months. Motion carried unanimously.
The Board discussed Commissioner DiGennaro's item to begin the process ofa formal
request to U.S. Customs & Border Patrol for Marathon User-Fee Based Customs Service facility
for harbor and airport arrivals. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner DiGennaro granting approval of the item conditioned upon there
being no cost to the county or without additional review by this Board. Motion carried
unanimously.
The Board discussed Commissioner Carruthers' item regarding the current status of the
Deep Water Horizon oil leak and its current potential impact on Monroe County including:
- Securing assistance from the Federal government and BP to offset emerging economic
damages resulting from the misperception that oil is currently present in Keys waters
- Securing Federal support to minimize possible environmental damage to the Florida
Keys should oil reach our near-shore water and beaches
- Review of plans to protect local ecosystems
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- Clarification of communication pathways among government entities, BP and local
volunteer forces
- Utilization of local contractors and those familiar with Keys waters and
environments in any potential clean-up effort
The Board agreed for the Mayor to write a letter to Governor Crist asking that Monroe
County be called a County of Economic Emergency so that our business people can begin to
apply for (Small Business Administration) SBA loans.
The Board discussed the securing of Federal support to minimize possible environmental
damage to the Florida Keys should oil reach our near-shore water and beaches. Roman Gastesi,
County Administrator indicated that his office is already engaging directly with the Federal
government on this and advised that the United States Coast Guard has developed an area
contingency plan and is the leading agency.
The Administrator indicated he would follow-up in regards to grants and funding that
may be available from the Environmental Protection Agency.
The Board put on the record that Monroe County utilize local contractors and those
familiar with Keys waters and environments in any potential clean-up effort.
The Administrator discussed the need to hold a follow-up BOCC Workshop to discuss
any and all changes that have occurred since our first workshop in Key Largo on May 22, 2010
regarding Deepwater Horizon and its possible effect on the Florida Keys.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for May, 2010.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney reported to the Board on the following matters: Denial
by the 11th Circuit wherein Monroe County was denied post-trial motions in the Bruno matter;
Press Release wherein the U.S. Senate voted against legislation which would reauthorize the
National Flood Insurance Program; Proposal of a Settlement Agreement with Morganti
concerning the Airport Project - the Board authorized moving forward; Enactment of Legislation
which authorizes local governments to set up a program to lend money to individual property
owners to do energy efficient projects on their property - the Board authorized moving forward.
CLOSED SESSION
Suzanne Hutton, County Attorney discussed the matter of Monroe County v.
Priceline.com, et aI, case number 09-10004CV. Motion was made by Commissioner DiGennaro
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and seconded by Commissioner Neugent to hold an Attorney-Client Closed Session on June 29,
2010 in Marathon at 11 :00 A.M. Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
to reopen the agenda in order to discuss Agenda item P5 concerning a Resolution establishing a
process for the BOCC to evaluate the performance of the County Administrator. Suzanne
Hutton, County Attorney discussed Section 2(F) in the Resolution. The Board designated the
Clerk's Office for each Commissioner to provide a copy of his or her completed form for
compilation of the contents ofthe 5 evaluations. The Clerk advised that his Internal Audit
Department would be the designated office.
Suzanne Hutton, County Attorney withdrew her item for approval of a Resolution
limiting the amount of time staff can expend on projects initiated by special interest (individual
or group) without seeking approval from BOCC to further expend resources of the County.
There being no further business, the meeting of the Board of County Commissioners
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Momoe County, Florida
J6tdzl C. Ji2&j~~
Isabel C. DeSantis, Deputy Clerk