07/21/2010 Regular129
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 21, 2010
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George
Neugent, Commissioner Kim Wigington, 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 30 years of service to Monroe County to Lisa
Druckemiller, Senior Administrator, Technical Services Department.
Presentation of Years of Service Award for 30 years of service to Monroe County to Fred
Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division.
Presentation of Years of Service Award for 20 years of service to Valerie Moore,
Business Manager, Monroe County Library.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Terry Thompson, Sr. Landscaper, Higgs Beach, Facilities Maintenance, Public Works Division.
Presentation of Employee Service Award for the month of April 2010 to Brian Bradley,
Coordinator., County Attorney's Office.
Presentation of Government Finance Officers Association (GFOA) award to Monroe
County's Office of Management and Budget.
Presentation of Mayor's Proclamation celebrating the week of July 18 -24, 2010 as
Probation, Parole, and Community Supervision Week in Monroe County.
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Presentation of Mayor's Proclamation declaring August 14th, 2010 as International
Taoist Tai Chi Awareness Day in Monroe County.
Presentation of Mayor's Proclamation declaring November 1 st to 7th, 2010 as EcoWeek
in Monroe County and the Florida Keys.
Presentation of "Outstanding Intern" award in the Office of the County Attorney to
Spenser Budde.
Presentation of Years of Service Award for 20 years of service to Monroe County to
Suzanne Hutton, County Attorney.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval for Monroe County Bayshore Manor to re- enroll in a Provider
Agreement .for participation in the Title XIX Institutional Florida Medicaid Program.
Board granted approval and authorized execution of Modification #001 to the
Modification of Agreement between the Florida Department of Community Affairs American
Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program (WAP), Contract
#IOWX- 7X.- 11 -54 -01 -719 and the Monroe County Board of County Commissioners
(Community Services /Social Services).
Board granted approval and authorized execution of Amendment 007 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.
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 an updated Business Associate
Agreement between Monroe County and Horizon Health EAP Services.
Board granted approval of the updated Business Associate Agreement between Monroe
County and Wells Fargo.
Board granted approval to send a letter of interest to the City of Lantana in support of
their application to the Environmental Protection Agency for the Climate Showcase
Communities Grant.
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Board granted approval to spend District 1, District 3 and District 4 Fire and Ambulance
Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated
Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same.
Board granted approval acting as Plan Administrator of the Length of Service Award
Plan (LOSAP) to begin 10 -year disbursement of funds to one eligible participant, with a monthly
benefit of $180.00 commencing August 1, 2010.
Board adopted the following Resolution authorizing the transfer of a Ford Explorer,
County ID 1419 -5655, from the Upper Keys Health Care Taxing District in return for payment in
the amount of $12,375.00 from Monroe County Fire and Ambulance District 1 funds; and
authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to
execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset
Transfer Form.
RESOLUTION NO. 195 -2010
Said Resolution in incorporated herein by reference.
Board adopted the following Resolutions concerning the Transfer of Funds and
Resolutions for the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 196 -2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 197 -2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 198 -2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 199 -2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 200-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 201-2010
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 202-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 203-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 459 -2009 (OMB Schedule Item No. 9)
RESOLUTION NO. 204 -2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 460 -2009 (OMB Schedule Item No. 10)
RESOLUTION NO. 205-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 009 -2010 (OMB Schedule Item No. 11)
RESOLUTION NO. 206-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 010 -2010 (OMB Schedule Item No. 12)
RESOLUTION NO. 207-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 208-2010
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 209-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 210-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 211-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 212-2010
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 213-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the submission of grant application
to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice
Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance
Abuse Policy Advisory Board and authorization for the County to execute application.
RESOLUTION NO. 214-2010
Said Resolution is incorporated herein by reference.
Board granted authorization for the Mayor to execute the Edward Byrne Memorial
Justice Assistance funding distribution letter with the Department of Law Enforcement for fiscal
year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the
distribution of JAG program funds in the County.
Board ratified acceptance of Public Transportation Supplemental Joint Participation
Agreement Number Six with the Florida Department of Transportation for an additional
$250,000.00 for Planning Studies for the Key West and Marathon Airports.
Board granted approval to fund one half of the expense (not to exceed $5,000.00) for a
bust of George Faraldo, to be placed in the New Terminal Building at the Key West International
Airport.
Board granted approval and authorized execution of a Lease for rental space with Keren
Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC, for rental space at the Key West
International Airport.
Board granted approval to pay an invoice for Emergency Roof Repairs at the Key West
International Airport from Pearson Framing Contractors, Inc., required due to the replacement of
an air conditioning unit located above the ground -level Conch Flyer Restaurant.
Board granted approval and authorized execution of an Amendment to Agreement with
Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters
for an additional ninety (90) days.
Board granted approval to reject bids and re- advertise for Shade Structures for Lower
Keys Parks.
Board granted approval to reject bids and re- advertise for Park Irrigation Systems for
three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein.
Board granted approval to reject bids and re- advertise for Playground Equipment for
Lower Keys Parks.
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Board granted approval to exercise the second renewal option and execute the Contract
with U. S. Water Services Corporation for operation and maintenance of the wastewater
treatment plant at the Marathon Government Center.
Board granted approval and authorized execution of a Lease Agreement with Early
Learning Coalition of Miami- Dade/Monroe to provide office space at the Gato Building, 1100
Simonton Street, Key West, FL.
Board granted approval and authorized execution of a Lease Agreement with the State of
Florida Department of Health, Monroe County Health Department, to provide continued office
space at the Gato Building, 1100 Simonton Street, Key West, FL.
Board granted approval and authorized execution of a Lease Agreement with the State of
Florida Department of Health, Monroe County Health Department, to provide continued office
space at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway, Key
Largo, FL.
Board granted approval and authorized execution of an Amendment to the Agreement
between Monroe County and Weathertrol Maintenance Corp. for central air conditioning
maintenance and repair for Lower Keys facilities.
Board granted approval to award bid and execute Contract for unleaded gasoline and
diesel fuel to the second lowest bidder Dion Oil Company, LLC.
Board granted approval and authorized execution of purchase from AT &T Quote #
321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment
and services to upgrade the telephone switching systems in the Marathon Government Center
and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment
for other smaller sites in Marathon.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement with Monroe Council
of the Arts Corporation, d/b /a Florida Keys Council of the Arts to provide funding to supplement
costs of tourist related programs.
Board granted approval to utilize $500,000 TDC Emergency Contingency Funds to
address the impacts of BP oil spill.
Board granted approval to revise TDC Operations Manual "Acceptable Event Marketing
Expense" Policy.
Board granted approval of the 2010/2011 Monroe County Tourist Development Council
Marketing Plan.
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Board granted approval and authorized execution of an Amendment to Agreement to
revise Exhibit A 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
Upper Keys Business Group, Inc. to revise date of event to April 23 -June 12, 2010 for the Key
Largo Conch Republic Days event.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution setting the date, time and place for a public
hearing of a proposed abandonment of a portion of State Road 905 /County Road 905, Harbor
Course Subdivision Section 1, Ocean Reef Plat 13, North Key Largo.
RESOLUTION NO. 215-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution setting the date, time and place for a public
hearing of a proposed abandonment of a portion of Cabrera Street, South Creek Village
Subdivision, Key Largo.
RESOLUTION NO. 216-2010
Said Resolution is incorporated herein by reference.
Board granted approval of a request for the full refund of $1,778.00 for the road
abandonment petition fee for F. Albert Zamacona, 27285 Mariposa Road, Ramrod Key (File No.
28097).
Board granted approval of a partial release of Lease No. 4549, a land management lease
between Monroe County and the Board of Trustees of the Internal Improvement Fund of the
State of Florida (BOT).
Board granted approval of Commencement Date Agreement as part of the lease between
Monroe County and Habitat for Humanity of the Middle Keys community Land Trust, Inc. for
property located at 1007 75th Street in Marathon (RE #00343090 - 000000).
TAX COLLECTOR
Board granted approval of the recap of the 2009 tax roll and the list of errors and
insolvencies for the 2009 tax roll, and that the 2010 tax roll be extended and the bills be mailed
prior to completion of Value Adjustment Board Hearings.
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COMMISSIONERS' ITEMS
Board granted approval of Mayor Murphy's item to advertise for the reconsideration of
Administrative Relief for Triple J Investments Inc. on Lot 23, Block 3, Ocean Park Village, Key
Largo, Real Estate Number 00446010.000000.
Board granted approval of Commissioner Carruthers' item to reappoint Steve Torrence to
the Monroe County Human Services Advisory Board.
The Board granted approval of the appointment of Dr. Lesley Salinero to the Human
Services Advisory Board Working Group.
Board granted approval of Commissioner Wigington's reappointment of Alexsandra Leto
to Human Services Advisory Board.
Board granted approval of the appointed of Josh Mothner to the Human Services
Advisory Board (HSAB) Working Committee.
COUNTY CLERK
P2 Board granted official approval of the BOCC minutes from the Special BOCC meeting
held on May 11, 2010 and Regular meeting held on May 19, 2010.
P3 Board granted approval of the following Warrants: (105505 - 105608 and 552347 -
5513369) General Fund (001), in the amount of $1,746,106.34; Fine & Forfeiture Fund (101),
in the amount of $3,106,363.34; Road and Bridge Fund (102), in the amount of $49,646.90;
TDC District Two Penny (115), in the amount of $232,022.91; TDC Admin. & Promo 2 Cent
(116), in the amount of $378,989.20; TDC District 1,3 Cent (117), in the amount of
$407,454.08; TDC District 2,3 Cent (118), in the amount of $27,634.49; TDC District 3,3
Cent (119), in the amount of $174,801.80; TDC District 4,3 Cent (120), in the amount of
$97,449.89; TDC District 5,3 Cent (121), in the amount of $113,912.96; Gov. Fund Type
Grants (125), in the amount of $569,642.06; Fire & Amb District 1 L &M Keys (141), in the
amount of $217,506.31; Upper Keys Health Care (144), in the amount of $9,546.48; Uninc
Svc Dist Parks & Rec (147), in the amount of $48,060.61; Plan, Build, Zoning (148), in the
amount of $,142,088.37; Municipal Policing (149), in the amount of $460,985.70; 911
Enhancement Fee (150), in the amount of $88,405.30; Duck Key Security (152), in the amount
of $3,968.01); Local Housing Assistance (153), in the amount of $309,955.00; Boating
Improvement Fund (157), in the amount of $64,644.26; Misc. Special Revenue Fund (158), in
the amount of $89,616.54; Environmental Restoration (160), in the amount of $10,540.60;
Drug Abuse Trust (164), in the amount of $3,820.59; Building Fund (180), in the amount of
$15,022.56; 1 Cent Infra Surtax (304), in the amount of $867.96; Infr Sls Srtx Rev Bds2007
(308), in the amount of $5,113.63; Duck Key Wastewater (311), in the amount of $252,843.64;
Card Sound Bridge (401), in the amount of $4,396.00; Marathon Airport (403), in the amount
of $19,335.93; Key West Intl. Airport (404), in the amount of $502,823.38; KW AIP Series
2006 Bonds (405), in the amount of $216,745.59; PFC & Oper Restrictions (406), in the
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amount of $61,035.80; MSD Solid Waste (414), in the amount of $1,684,377.91; Worker's
Compensation (501), in the amount of $16,197.77; Group Insurance Fund (502), in the
amount of $244,012.72; Risk Management Fund (503), in the amount of $152,664.29; Fleet
Management Fund (504), in the amount of $98,921.19; Fire &EMS LOSAP Trust Fund
(610), in the: amount of $1,635.00.
P4 Board granted approval of TDC expenditures for the month of June, 2010: Advertising,
in the amount of $914,022.03; Bricks & Mortar/Interlocal Projects, in the amount of
$123,174.24; Visitor Information Services, in the amount of $17,956.00; Events, in the amount
of $83,550.75; Office Supplies & Oper Costs, in the amount of $23,998.65; Personal Services,
in the amount of $67,135.94; Public Relations, in the amount of $92,212.57; Sales &
Marketing, in the amount of $81,170.18; Telephone & Utilities, in the amount of $19,475.56;
Travel, in the amount of $9,324.41.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid.
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of a Professional Services Agreement
between Floridian Partners, LLC under the Exception to the competitive bidding process as set
out in Chapter 4B of County Purchasing Policy for consulting services, including lobbying, for a
one -year term retroactive to July 19, 2010 through July 18, 2011.
COUNTY ATTORNEY
Board granted approval to issue a PO for 60 month lease with Xerox for a W5675PT
Copier and a Xerox MFP856)D1 Multifunction Color Phaser to replace the Xerox WCP3545.
Board granted approval of an Assignment and Assumption of Lease No. 3783 to
Islamorada, Village of Islands for area known as Anne's Beach.
Board granted approval of approval to advertise a Public Hearing to consider
adoption of an ordinance amending Monroe County Code, Section 4 -46 to provide clarification
to allow citations to be issued to persons other than owner(s) or keeper(s) of animals.
Motion carried unanimously.
FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
FIRE & AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy,
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Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton
Mayor Norman Anderson was absent.
James Callahan, Fire Chief discussed the matter. Motion was made by Councilman
Snow and seconded by Commissioner Carruthers to adopt the following Resolution of the Board
of Governors, Fire and Ambulance District 1 of Monroe County, Florida authorizing payment of
$12,375.00 to the Upper Keys Health Care Taxing District in return for use and possession of a
Ford Explorer, County ID 1419 -5655; and authorization for the Division Director, Monroe
County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not
limited to, the Monroe County Fixed Asset Transfer Form. Motion carried unanimously.
RESOLUTION NO. 217-2010
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of Governors for the Fire and
Ambulance ]District I, was adjourned.
The Board of County Commissioners meeting reconvened with all Commissioners
present.
COUNTY ADMINISTRATOR
The Board discussed action regarding the proposal submitted to Key Colony Beach for
Monroe County Fire Rescue to provide fire and emergency medical services (EMS) to the City
of Key Colony Beach in response to their request for said proposal. James Callahan, Fire Chief
discussed the matter. The following individuals addressed the Board: Key Colony Beach
Commissioners Mary Schmidt and John DeNeale. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the
item. Roll cull vote was unanimous.
Commissioner DiGennaro excused himself from the meeting.
MISCELLANEOUS BULK APPROVALS
The Board discussed the approval to renew the Airport Liability Insurance with Ace
Property Casualty Insurance Company through Arthur J. Gallagher. Teresa Aguiar, Employee
Services Director discussed the matter. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Wigington granting approval of the item. Motion
carried unanimously.
Commissioner DiGennaro returned to the meeting and took his seat.
The Board discussed awarding bid and executing a Contract with Jayne's Cleaning
Service for janitorial services at the Key West International Airport, and approval for Jayne's
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Cleaning Service to commence services beginning August 1, 2010. Peter Horton, Airport
Director discussed the matter. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Wigington granting approval of the item. Motion carried
unanimously.
The ]Board discussed a revision to the Health Insurance Plan Document as proposed by
the Health Benefits Volunteer and Recommendations Team to become effective August 1, 2010.
Said document is incorporated herein by reference. The following individual addressed the
Board: Lours LaTorre. Teresa Aguiar, Employee Services Director and Roman Gastesi, County
Administrator discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Neugent granting approval of the item. Motion
carried unanimously.
PROJECT MANAGEMENT
Jerry Barnett, Director - Project Management introduced William P. Horn, Architect P.A.
who made a presentation on the status and design of the Higgs Beach Park Master Plan. The
following individuals addressed the Board: Key West City Commissioner Teri Johnston,
representing the City of Key West and Michael Behmke, Chairperson - Friends of Higgs Beach.
No official action was taken.
MISCELLANEOUS BULK APPROVALS
The Board discussed Task Order PW- MAC -001 with MACTEC Engineering and
Consulting, Inc. for providing facility asset management products and services to assist Public
Works with implementation of an engineering- based, IT- enable facility management program.
Dent Pierce, Public Works Director and Bob Stone, Facilities Maintenance Director - Middle
Keys discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington granting approval of the item. Motion carried
unanimously.
The Board discussed the award bid to Hammerhead Termite Control for fumigation
services at the Monroe County Courthouse, Key West, Florida. Dent Pierce, Public Works
Director discussed the matter. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Wigington granting approval and authorizing execution of the
contract. Motion carried unanimous.
The Board discussed the award of bid to Debon Air Mechanical, Inc. for central air
conditioning maintenance and repair for County facilities in the Lower Keys. The following
individual addressed the Board: Brandon Dimando, Esq., representing Weathertrol Maintenance
Company. John King, Facilities Maintenance Senior Director - Lower Keys and Suzanne
Hutton, County Attorney discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Neugent to re -bid the item. Roll call
vote was taken with the following results:
Commissioner Carruthers No
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Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Murphy Yes
Motion carried. Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington extending the current contract with Weathertrol on a month -to -month basis. Motion
carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following two (2) items:
Resolution to adopt tentative residential solid waste collection, disposal, and recycling
rates for Fiscal Year 2010/11.
RESOLUTION NO. 218 -2010
Said Resolution is incorporated herein by reference.
Resolution to adopt tentative solid waste collection, disposal, and recycling rates for
commercial 'waste generators for Fiscal Year 2010/11.
RESOLUTION NO. 219-2010
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
STAFF REPORTS
Project Management - Jerry Barnett, Director reported to the Board the status of the
Stock Island Fire Station and the transition plan for the Americans Disability Act (ADA).
Public Works - Dent Pierce, Director reported to the Board concerning the lack of debris
staging sites in the County.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item regarding the tolling of US 1 as an
alternative funding source for County infrastructure projects, including as a possible alternative
for meeting our wastewater mandate. After discussion, motion was made Commissioner
Carruthers and seconded by Commissioner Neugent directing Staff to investigate and research
the practicality and ability to establish a toll on the Monroe County end of the 18 Mile Stretch
that would allow us to fund additional infrastructure issues related to sea level rise and meeting
our wastewater mandate. Motion carried unanimously. Roman Gastesi, County Administrator
and Suzanne Hutton, County Attorney discussed the matter. The following individual addressed
the Board: Jackie Harder.
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COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for June, 2010.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney updated the Board on the following matters: Opinion
from the 3rd District Court of Appeals concerning the Carter case where the County was
successful; Invoices sent to municipalities who pledged to pay for the windstorm insurance
challenge; Ms. Hutton requested direction from the Board to consider outside counsel as her
office has concluded that if there is more than a minimal amount of claim against British
Petroleum which needs to be made, the County Attorney's Office is not in a position to litigate
with BP. Mir. Gastesi indicated that representatives from BP would be meeting with the County
and all of the municipalities concerning reimbursements.
The Board discussed an Estoppel Certificate regarding the Ground Lease
between Monroe County and Overseas Redevelopment Company, LLC and the Revised Sub -
Lease Agreement between Overseas Redevelopment Company, LLC and Flagler Village Limited
Partnership, Ltd. and Monroe County, FL for an affordable housing project. Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing
execution of the Estoppel Certificate. Motion carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator Wastewater Projects referred the Board to the written
Engineering Division Wastewater Projects, June 2010 Status Report -dated July 21, 2010. Ms.
Wood also provided an update of an amendment to the Interlocal Agreement for the construction
of the collection system portion for the Duck Key Regional Wastewater System scheduled to be
brought before the BOCC at the August meeting.
The Board discussed approval of a Third Amendment to the June 21, 2006 Interlocal
Agreement (ILA) with the Florida Keys Aqueduct Authority (FKAA) for the Big Coppitt
Regional Wastewater System revising the County Funding portion to $37,000,000 and
immediately appropriating those funds which have been duly approved for the estimated costs of
administration, planning and construction of the Big Coppitt Regional Wastewater Project. Liz
Wood, Sr. Administrator Wastewater Projects discussed the matter. The following individuals
addressed the Board: Ron Miller and Deb Curlee, representing Last Stand. Suzanne Hutton,
County Attorney and James Reynolds, Executive Director of Florida Keys Aqueduct Authority
also discussed the matter. During discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Wigington requesting that a letter be written to the FKAA,
copying the :Department of Community Affairs, that the Board of County Commissioners as a
body are not happy with their elimination of the Environmental Policy Rule. Roll call vote was
unanimous. Motion was then made by Commissioner Carruthers and seconded by
Commissioner DiGennaro granting approval and authorizing execution of the Third Amendment
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to the June 21, 2006 Interlocal Agreement (LA) with the Florida Keys Aqueduct Authority
(FAA) for the Big Coppitt Regional Wastewater System. Motion carried unanimously.
STAFF REPORTS
Growth Management - Mayor Murphy inquired as to the appropriate time when she or
the Board could suggest the creation of a Future Land Use Designation for the two (2) items that
were withdrawn from the agenda at the owner's request:
Agenda item T2 concerning a Resolution to transmit to the Florida Department of
Community Affairs (DCA) an Amendment to the Monroe County Year 2010 Comprehensive
Plan, creating Goal 107, Objective 107. 1, and Policy 107. 1.1 that establishes a Sub Area Policy
for Wisteria Island; and Agenda item T3 concerning a Resolution to transmit to the Florida
Department of Community Affairs (DCA) an Amendment to the Monroe County 2010
Comprehensive Plan Future Land Use Map (FLUM) amending the FLUM designation from
Undesignated to Mixed Use Commercial (MC) for Wisteria Island. Suzanne Hutton, County
Attorney and Christine Hurley, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Neugent that the above matter be designated as Residential Conservation (RCA). After
consideration, the motion was withdrawn by the maker with the second accepting. Motion was
then made b:y Commissioner Wigington and seconded by Commissioner DiGennaro requesting
that Staff bring back to the Board a designation. Motion carried unanimously.
SOUNDING BOARD
John November, representing Citizens Not Serfs addressed the Board in regards to the
end of the pilot program in November; the proposed revitalization of Monroe County's image;
and pathways toward local policies that are more conducive to Keys homeowners. The Board
took no official action.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item for a proposed amendment to
Monroe County Land Development Code and/or Comprehensive Plan to add additional
protection to established height limit by requiring a voter referendum prior to seeking an
amendment to allow an increase in height, and direction to legal staff to research the
constitutionality and enforceability of a referendum requirement. The following individual
addressed the Board: John November, representing Citizens Not Serfs. Christine Hurley,
Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. The
item was referred to the Growth Management Director.
COUNTY ADMINISTRATOR
The Board discussed approval of a Resolution requesting that the Navy utilize the F -14
Aircraft Operation - in affect prior to the F -18 Super Hornet - as the baseline for the upcoming
Environmental Impact Statement. After discussion, motion was made by Commissioner
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Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution, as
revised. Said revision as follows:
5 th 'WHEREAS, the EIS will evaluate potential environmental impacts to numerous
resources T hese impacts include stieh as noise, air quality, safety, socioeconomics, water &
biological resources; and
Motion carried unanimously.
RESOLUTION NO. 220-2010
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment
of Fiscal Year 2010 Affordable Housing Program Fund 100. There was no public input. Motion
was made by Commissioner Neugent and seconded by Mayor Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 222-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section 23-
76, MCC, adding specific language regarding "mobile business first time" for clarification.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner DiGennaro granting approval of Staff Recommendation to adopt the Ordinance.
Motion carried unanimously.
ORDINANCE NO. 024-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an 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 appeals processes, additional enforcement measures, penalties
and increased fees for permits. There was no public input. Motion was made by Commissioner
Neugent and seconded by Commissioner DiGennaro to continue the item to the August 18, 2010
Board of County Commissioner's meeting in Key Largo at 3:00 P.M. Motion carried
unanimously.
A Public Hearing was held to provide for the repeal of Ordinance No. 011 -2010
regarding registration of lobbyists. The Board accepted public input with the following
individuals addressing the Board: John November, representing Citizens Not Serfs; Ron Miller
and Russell Yagel. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent to table the item to the August 18, 2010 meeting. Motion
carried unanimously.
144
COUNTY ATTORNEY
The Board discussed a request by Property Owner Rebecca Newman for further reduction
of fines in Code Enforcement Case CE09080129. The fines total $42,700.00. Costs total
$325.74. Attorney Lee Rohe, representing Rebecca Newman, addressed the Board. Lisa
Grainger, Assistant County Attorney discussed the matter. Rebecca Newman Braden, Property
Owner also addressed the Board. After discussion, motion was made by Commissioner
Wigington and seconded by Commissioner DiGennaro to reduce the fine to $2,500 and include
the $325.74 total cost, for a reduction to $2,825. Motion carried unanimously.
Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator discussed
with the Board their auto allowances in order to have it attributable to the Florida Retirement
Systems calculations. After discussion, motion was made by Commissioner DiGennaro and
seconded by Mayor Murphy that the employee contracts with all of the former County
Administrators and County Attorneys who have had auto allowances be reformed - James
Roberts, Torn Willi, Randy Ludacer, James Hendrick, and Richard Collins. Motion carried
unanimously.
PUBLIC HEARING
A Public Hearing was held to consider a Resolution to transmit to the Florida Department
of Community Affairs an amendment to Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan Future Land Use Element to extend the moratorium of new transient
residential unites until December 31, 2011. There was no public input. Motion was made by
Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 221-2010
Said Resolution is incorporated herein by reference.
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
Monroe County, Florida
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Isabel C. DeSantis, Deputy Clerk