08/18/2010 Regular151
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 18, 2010
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M. at the Murray E. Nelson Government and Cultural 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 Carruthers
granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 15 years of service to Jeff Brandt, Fire
Rescue Lieutenant.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Donna Hanson, Executive Assistant, District Five Commissioner's Office.
Presentation of Employee Service Award for the month of May 2010 to Michelle
Gilliland.
Presentation of Employee Service Award for the month of June 2010 to George
Brentnall, Veterans Counselor.
Presentation of Mayor's Proclamation celebrating the week of September 12 -18, 2010 as
Constitution Week in Monroe County.
Presentation of a check in the amount of $12,498.00 as "Capital Credit" to Monroe
County from Florida Keys Electirc Cooperative - David Ritz, President and Gretchand Holland,
Vice President.
152
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval to advertise for Request for Proposals for Appraisal(s) of County
owned Real and Personal Property.
Board granted approval to enter into an agreement "In- Building Service Enhancement
Agreement," ISE Agreement (Standalone) 110508, with AT &T for the installation of an In-
Building Cellular Repeater System to provide improved cellular service for AT7T cellular
telephones inside the Murray E. Nelson Government and Cultural Center.
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 Contract with Pedro Falcon
Electrical Contractors, Inc. for the renovations of the East Martello Tower Bathrooms.
Board granted approval and authorized execution of Modification #001 for the Low
Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number
IOEA- 8F- 11 -54 -01 -019 between Monroe County Board of County Commissioners (Community
Services /Social Services) and the State of Florida, Department of Community Affairs for the
provision of funds to pay electric bills for low income clients.
Board granted approval and authorized execution of the Home and Community Based
Case Management Referral Agreement between the Florida Department of Children & Families
and the Monroe County Board of County Commissioners (Social Services /In -Home Services
Program) for State Fiscal Year (SFY) July 1, 2010 to June 30, 2011.
Board adopted the following Resolution authorizing the write -off of Fire Rescue air
ambulance accounts receivable for CY 2006, in the total amount of $35,260.00 from the Fine and
Forfeiture Fund Account 101 - 115002.
RESOLUTION NO. 223-2010
Said Resolution is incorporated herein by reference.
Approval by the Board, 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 $240.00 commencing September 1, 2010.
Issuance of Certificate of Public Convenience and Necessity (COPCN) to Key Largo
Volunteer Ambulance Corps., Inc. (KLVAC) for the operation of an ALS transport ambulance
service.
153
Approval to advertise for bids to provide set pricing for medical supplies and
pharmaceuticals for Monroe County Fire Rescue.
Approval of Modification #2 to reinstate and 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 December 31, 2010, and authorization for the County
Administrator to execute any other required documentation in relation to the application process.
Board adopted the following Resolutions for the Transfer of Funds, Receipt of
Unanticipated Revenue, and Amending:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 224-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 225-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 226-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 227-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 228-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 199 -2010 (OMB Schedule Item No. 6).
RESOLUTION NO. 229-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 209 -2010 (OMB Schedule Item No. 7).
RESOLUTION NO. 230-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 210 -2010 Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 231-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9)
RESOLUTION NO. 232-2010
Said Resolution is incorporated herein by reference.
154
Receipt of Unanticipated Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 233-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11)
RESOLUTION NO. 234-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 365 -2009 (OMB Schedule Item No. 12)
RESOLUTION NO. 235 -2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 236-2010
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 237-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 238-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 239 -2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 240-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 241-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 242-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 243-2010
Said Resolution is incorporated herein by reference.
155
Board granted approval and authorized execution of a new three year Hosted Application
Service and License Agreement with Sarasota County for licensing, hosting and support of the
GovMax 5.0 software. Sarasota County is a sole source provider.
Board granted approval to ratify a supplemental Local Agency Program (LAP)
Agreement with Florida Department of Transportation (FDOT) to amend transportation stimulus
funding for the Palm Drive (Baypoint) Bridge Repair Project.
Board granted approval to ratify supplemental Local Agency Program (LAP) Agreement
with Florida. Department of Transportation (FDOT) to accept additional transportation stimulus
funding for the Geiger Creek Bridge Repair Project.
Board granted approval to execute supplemental Local Agency Program (LAP)
Agreement with Florida Department of Transportation (FDOT) to provide additional $128,000
transportation stimulus funding for the Geiger Creek Bridge Repair Project.
Board granted approval to amend the terminating agreement with Weathertrol
Maintenance Corp. to a month -to -month basis for central air conditioning maintenance and
repair for Lower Keys Facilities.
Board granted approval to modify the Policy for Public Facilities, Roads, Bridges and
County Meeting Rooms for Use in Monroe County, Florida to allow and define charges should
an event run over the requested time, and to add and break out charges for use of the theater at
the Murray E. Nelson Government and Cultural Center.
Board granted approval of annual modifications to fee structure for the use of
Government meeting rooms and Channel 76 televising costs, for FYI (effective 10/1/2010).
Board granted approval and authorized execution of an Interlocal Agreement with the
City of Marathon for utilization of the County meeting room in Marathon for 24 City Council
meetings.
Board granted approval to award bid and execute a Contract with G & K Uniform
Services for the Division of Public Works uniform services.
Board granted approval to award Public Works surplus items as described in attached
Recap of Bid Opening on July 22, 2010 (Items: 2, 4, 5, 6, 7, 8, 12, 13 & 15).
Board granted approval to award bid and execute Contract for bio- diesel fuel to the
lowest bidder - Dion Oil Company, LLC.
Board ratified previously approved Lease Agreement for retail rental space with Keren
Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC, at the Key West International Airport.
156
Board adopted the following Resolution authorizing Staff to apply for the TIGER II
Discretionary Grant and any other grant for bridge repair and rehabilitation funding and
authorizing the Mayor to execute.
RESOLUTION NO. 244-2010
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement with
Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art
Festival to revise date of event to December 11, 2010.
Board granted approval and authorized execution of an Amendment to Agreement with
Key West Film Society to revise Exhibit A of Agreement for the Tropic Cinema Phase
5A project.
GROWTH MANAGEMENT
Board granted approval to advertise a Request for Qualifications for Transportation
Planning Services.
Board granted approval and authorized execution of a Grant Task Assignment with
Florida Fish & Wildlife Conservation Commission (FFWCC) to receive a $50,000 grant for the
removal of invasive exotic plants from conservation lands that are owned or managed by Monroe
County.
Board granted approval of a grant task assignment with Florida Fish & Wildlife
Conservation Commission (FFWCC) to receive a $96,000 grant that will allow the County to
continue employing part-time, temporary invasive exotic plant control technicians to treat
invasive exotic plants on conservation lands that are owned or managed by Monroe County.
Board adopted the following Resolution extending the period of expiration for ROGO
allocations until February 18, 2011 for those allocations awarded for the ROGO Quarters ending
April 12, 20 10 and July 12, 2010 to allow building permit revisions for onsite sewage treatment
and disposal systems consistent with Senate Bill 550 (Chapter 2010 -205 F.S.).
RESOLUTION NO. 245-2010
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
Board granted approval and authorized execution of Third Amendment to Interlocal
Agreement (ILA) with the Florida Keys Aqueduct Authority (FKAA) dated September 20, 2006
157
and previously amended on July 15, 2009 and February 17, 2010 for the County to provide
$8,800,000 funding for construction of the collection system portion of the Duck Key Regional
Wastewater System.
SHERIFF'S DEPARTMENT
Board granted approval of the request for expenditure from the Law Enforcement Trust
Fund, as follows:
$8,000 "National Night Out" - annual community event to heighten crime
and drug prevention awareness, generate support for anti -crime
programs, strengthen neighborhoods /police partnerships. Money
to be evenly distributed.
Board granted approval and authorized execution of First Amendment to MOU between
the Monroe County Sheriff's Office and Monroe County Board of County Commissioners in
order to receive an additional $350,000 in funds from the UASI FY 2008 Bomb Grant/Homeland
Security Office of Domestic Preparedness with the City of Miami, which will be used to
purchase bomb equipment approved by the granting agency.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Carruthers' appointment of Kevin Collins to
the Human Services Advisory Board (HSAB) Working Committee.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular BOCC meeting held on June 16, 2010 and Special BOCC meeting held on June 29,
2010 (previously distributed).
Board granted approval of the following Warrants: (105609 - 105666 and 553370 -
554237) General Fund (001), in the amount of $2,656,977.03; Fine & Forfeiture Fund (101),
in the amount of $3,145,673.71; Road and Bridge Fund (102), in the amount of $71,140.02;
TDC District Two Penny (115), in the amount of $483,526.22; TDC Admin. & Promo 2 Cent
(116), in the amount of $293,417.08; TDC District 1,3 Cent (117), in the amount of
$448,737.19; TDC District 2,3 Cent (118), in the amount of $70,998.27; TDC District 3,3
Cent (119), in the amount of $114,529.23; TDC District 4,3 Cent (120), in the amount of
$210,540.11; TDC District 5,3 Cent (121), in the amount of $120,589.10; Gov. Fund Type
Grants (125), in the amount of $423,091.98; Fire & Amb District 1 L &M Keys (141), in the
amount of $157,804.55; Upper Keys Health Care (144), in the amount of $467.66; Uninc Svc
Dist Parks 8: Rec (147), in the amount of $46,053.36; Plan, Build, Zoning (148), in the amount
of $48,218.67; Municipal Policing (149), in the amount of $474,873.41; 911 Enhancement Fee
(150), in the amount of $86,150.92; Duck Key Security (152), in the amount of $3,840.00;
Boating Improvement Fund (157), in the amount of $64,917.89; Misc. Special Revenue Fund
(158), in the amount of $41,063.04; Environmental Restoration (160), in the amount of
$1,924.04; Law Enforcement Trust (162), in the amount of $20,000; Big Coppitt Wstewtr
158
MSTU (169), in the amount of $491.79; Key Largo Wastewater MSTU (170), in the amount of
$276.36; Building Fund (180), in the amount of $9,969.96; 2003 Revenue Bonds (207), in the
amount of $3,500.00; 1 Cent Infra Surtax (304), in the amount of $1,240.23; Infr Sls Srtx Rev
Bds2007 (308), in the amount of $5,162.28; Duck Key Wastewater (311), in the amount of
$109,377.90; Card Sound Bridge (401), in the amount of $4,378.30; Marathon Airport (403),
in the amount of $37,444.22; Key West Intl. Airport (404), in the amount of $104,378.29; KW
AIP Series 2006 Bonds (405), in the amount of $82,863.88; PFC & Oper Restrictions (406),
in the amount of $317,541.06; MSD Solid Waste (414), in the amount of $1,166,704.71;
Worker's Compensation (501), in the amount of $26,313.00; Group Insurance Fund (502), in
the amount of $345,275.24; Risk Management Fund (503), in the amount of $23,844.23; Fleet
Management Fund (504), in the amount of $64,641.54; Fire &EMS LOSAP Trust Fund
(610), in the amount of $5,992.75.
Board granted approval of TDC expenditures for the month of July, 2010: Advertising,
in the amount of $794,870.84; Bricks & Mortar/Interlocal Projects, in the amount of
$143,770.24; Visitor Information Services, in the amount of $118,432.00; Events, in the
amount of $150,226.69; Office Supplies & Oper Costs, in the amount of $53,751.17; Personal
Services, in the amount of $215,474.59; Public Relations, in the amount of $160,008.81; Sales
& Marketing, in the amount of $83,302.30; Telephone & Utilities, in the amount of $7,947.10;
Travel, in the amount of $14,553.46.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said listing is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval to place a Historic Marker on the County owned Gato Cigar
Factory building.
COUNTY ATTORNEY
Board granted approval and authorized execution of two (2) stormwater utility easements
over the abandoned portion of First Avenue to allow access for the maintenance and eventual
reconstruction of our stormwater management system.
Board granted approval to initiate legal action against Magnolia 101, LLC, and any other
corporations, entities or individuals having an interest in the property or the business located on
Lot 20 and Blocks /Squares 1, 4 and 5, Ocean Acres Subdivision, Key Largo and the adjacent
rights -of -way as applicable, for injunctive and other relief to enforce the County Code, minor
conditional Use development order 2 -02, the conservation easement on Lot 20, Ocean Acres
Subdivision, :Key Largo, running in favor of Monroe County, and any other action deemed
appropriate by the County Attorney.
Board granted approval and authorized execution of an Amendment to Legal Services
Agreement with Law Offices of Stephen J. Moore, P.C. to retain Quinlivan Appraisal for the
159
limited purpose of completing appraisals in Collins, et. al. v. Monroe County v. State of Florida
(Circuit Court Case No. CA -M -04 -379).
Motion carried unanimously.
FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
*
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, and
Commissioner Kim Wigington. Absent were City of Layton Councilman Clark Snow and
Mayor Norman Anderson.
The ]Board discussed a Resolution of the Board of Governors, Fire and Ambulance
District 1 of Monroe County, Florida authorizing the write -off of Fire Rescue ground ambulance
accounts receivable for CY 2006, in the total amount of $315,882.90 from the Fire Rescue
District 1 Fund Account 141 - 115002. James Callahan, Fire Chief discussed the matter. Motion
was made by Commissioner Carruthers and seconded by Commissioner Wigington to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 246-2010
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.
MISCELLANEOUS BULK APPROVALS
The Board discussed a Resolution authorizing the write -off of qualified Monroe County
resident waivers from then trauma air ambulance account receivables in the total amount of
$150,437.61. James Callahan, Fire Chief discussed the matter. Motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 247 -2010
Said Resolution is incorporated herein by reference.
160
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator reported to the Board concerning the Request for
Proposals for Employee Benefits Consulting Services. David Ritz, President of the Florida Keys
Electric Cooperative addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Carruthers granting approval of the County
Administrator's recommendation to negotiate a contract with David Adams - Employee Benefit
Consultant, as an Agent of Record to assist the county in the selection of a consultant for
employee benefits in an amount not exceed $5,000 (20 hours @ $250.00 an hour). Motion
carried unanimously.
MISCELLANEOUS
Danny L. Kolhage, Clerk of Courts advised the Board that his auditors have been denied
access to the Marathon Animal Shelter property in order to obtain records for auditing purposes
and were told if they insisted, they would be arrested. Bob Shillinger, Chief Assistant County
Attorney discussed the matter.
COUNTY ADMINISTRATOR
The Board discussed the contract with Stand Up for Animals, Inc. (SUFA) for operation
of the Big Pine and Marathon animal control services. Bob Shillinger, Chief Assistant County
Attorney; Danny L. Kolhage, Clerk of Courts; and Suzanne Hutton, County Attorney discussed
the item. Linda Gottwald, representing Stand Up For Animals, Inc. addressed the Board. Ms.
Hutton advised the matter would be brought back before the Board after the final audit reported
is completed to request Board direction.
MISCELLANEOUS
Mayor Murphy requested that a review and performance evaluation be conducted on the
County Administrator. Suzanne Hutton, County Attorney advised her office would distribute to
the commissioners an evaluation questionnaire for completion. The matter would then come
before the Board at the October 2010 meeting.
Mayor Murphy discussed the policy of reading memos /letters from the public into the
record at BOCC meetings.
MISCELLANEOUS BULK APPROVALS
The Board discussed waiving purchasing policy and accepting a written price quote from
David Lee Roofing & Sheetmetal, Inc. to clean, prepare, and coat the roof of an existing 9 -bay
shade hangar, in the amount of $29,975 located at the Florida Keys Marathon Airport. Peter
Horton, Airports Director discussed the item. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of the
item. Motion carried unanimously.
161
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers granting approval to allocate $1,800,000 of District 3 Transportation Impact Fees to
design and construct a bicycle /shared use path adjacent to US 1 in Key Largo as described in the
draft Key Largo Community Master Plan. Motion carried unanimously.
The Board discussed amending the Agreement with Weathertrol Maintenance
Corporation. for a full maintenance program for the two centrifugal chillers at Jackson Square
clarifying language and increasing the total annual compensation for repairs. Dent Pierce, Public
Works Director discussed the matter. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion
carried unanimously.
The Board discussed the award of bid and execution of a contract with McCourt
Construction, Inc. to resurface the six tennis courts at Higgs Beach, Key West, and the two tennis
courts at Watson Field, Big Pine Key. Dent Pierce, Public Works Director and Roman Gastesi,
County Administrator discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously.
Commissioner Wigington excused herself from the meeting.
James Callahan, Fire Chief discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following
Resolution authorizing the write -off of Fire Rescue ground ambulance accounts receivable for
CY 2006, in the total amount of $315,822.09 from the Fire Rescue District 1 Fund Account 141-
115002. Motion carried unanimously.
RESOLUTION NO. 248-2010
Said Resolution is incorporated herein by reference.
Commissioner Wigington returned to the meeting and took her seat.
The Board discussed entering into an agreement "Pricing Schedule for AT &T
Teleconferencing Services," Agreement #TCF44084GCO, with AT &T for providing AT &T
Connect Teleconferencing services to Emergency Management for use during emergency
operations and activation for the term of 1 year. Bob Ward, Sr. Administrator, Network
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner DiGennaro granting approval and authorizing execution of the item.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacancy on the Tourist Development Council District IV
Advisory Committee for an "At Large" appointment.
162
STAFF REPORTS
Airports - Peter Horton, Airports Director updated the Board concerning the
discrepancy /appeal to the Federal Aviation Administration - permit to kill birds at the Key West
International Airport which are a hazard to aircraft.
Project Management - Jerry Barnett, Director discussed site acquisition (Option 4) for the
development of a new Stock Island Fire Station and indicated that the property owner has
withdrawn his offer for consideration.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Neugent's item concerning a Resolution of the
Board of County Commissioners of Monroe County, Florida, in support of EcoWeek and
authorizing the organization to use Monroe County's seal and logo in their outreach materials,
brochures, press releases, website(s), posters, advertisement and souvenirs, solely for the purpose
of promoting; EcoWeek. The following individual addressed the Board: Christi Allen,
representing EcoWeek Events. 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. 249-2010
Said Resolution is incorporated herein by reference.
PROJECT MANAGEMENT
Jamie Sclinkmann, Managing Director of Inergy, Inc. made a presentation of a proposed
demonstration project to supply windmill generated electricity for the Medical Examiner
building on Crawl Key. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner DiGennaro authorizing Staff to continue to proceed to further refine
the proposal ,for BOCC approval. Motion carried unanimously.
STAFF REPORTS
Growth Management - Christine Hurley, Director reported to the Board in regards to the
Tier Designation Review Committee Public Hearings that are scheduled for August 19th and
20th at the Marathon Government Center from 9:00 A.M. to 5:00 P.M.
COUNTY ADMINISTRATOR
The Board approved the County Administrator's request to ask the Navy for a copy of the
Inspector General's Report in regards to the Environmental Impact Statement /Jet Noise /Naval
Air Station Key West. Mr. Gastesi discussed the county's wellness program and employee's
attendance at the county's health fair. The Board was then referred to the County
Administrator's written Monthly Activity Report for June, 2010 dated July 6, 2010.
163
The Board discussed confirmation of the County Administrator's appointment of
Kevin G. Wilson to the position of Senior Director, Engineering & Project Management. The
following individuals addressed the Board: Kay Thacker and Burke Cannon. Roman Gastesi,
County Administrator discussed the matter. After discussion, motion was made by Mayor
Murphy and seconded by Commissioner DiGennaro granting approval of the appointment of
Kevin G. Wilson to the position of Senior Director, Engineering & Project Management. Roll
call vote was unanimous.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney reported that when the Clerk's Auditors returned to the
Marathon Animal Shelter in order to obtain records for auditing purposes, the records had been
removed. Motion was made by Commissioner Wigington and seconded by Commissioner
DiGennaro authorizing the County Administrator and Public Works Director to take any
necessary emergency efforts necessary to make sure services are covered should the SUFA
employees walk off the job. Motion carried unanimously.
Ms. Hutton discussed a request from the Key West City Commission requesting 1.) The
Board of County Commissioners seek an opinion from the Florida Attorney General regarding
whether Monroe County may utilize High Tourism Impact Tax Revenues for the construction,
operation, maintenance and repairs of the facilities comprising Historic Truman Waterfront
project; and 2.) The Board of County Commissioners seek an opinion from the Florida Attorney
General regarding whether the Board of County Commissioners of Monroe County is authorized
to amend the County's High Tourism Tax Ordinance to make clear that such ordinance will not
automatically expire upon retirement of any bonds issued by the County to finance the
construction, operation, maintenance and repair of the facilities comprising the Historic Truman
Waterfront Project. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington denying the request for an Attorney General's Opinion
and that the developer be encouraged to follow the normal channels - appear before the DAC and
TDC, including meeting the agenda deadline for the item to be heard in the Lower Keys where
the property is located. After consideration, the motion was withdrawn. No official action was
taken.
SOUNDING BOARD
Howard Gelbman addressed the Board in regards to — present information regarding the
creation of a :300 Acre Ocean Frontage, Key Largo Nature Preserve Park without the use of Ad
valorem Taxes for its purchase or operation. No official action was taken.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed an Agreement for Expert Witness Services
with Marr and. Associates Appraisal Company, Inc. in connection with Emmerts v. Monroe
County v. Florida Department of Community Affairs (Circuit Court Case No. CAP -02 -520) and
Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA -M -04-
164
379). Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
granting approval of the item. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance amending Monroe County Code
Chapters 19 and 25; Providing clarification of prohibited uses of rights -of -way; Providing for
limitation on attempts to circumvent the appeals process by excluding the submission of new
applications, or requests for clarification to start the appeal time period running anew; Providing
penalties; Providing additional enforcement measures and procedures; Providing for increased
fees for permits; 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. Suzanne Hutton, County Attorney
and Judy Clarke, Director - Engineering Services discussed the matter. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the
following Ordinance, without section (e), Page 11 of 12: Vehicles stored on non - commercial
private property must be registered in the name of the owner or the tenant of the property where
they are parked. Motion carried unanimously.
ORDINANCE NO. 025 -2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance amending Monroe County Code,
Section 4 -46 to allow for citations to be issued to persons other than owner(s) or keeper(s) of
animals; 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
Neugent and. seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 026-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a new lobbying ordinance requiring registration of
lobbyists which will also repeal Ordinance No. 011 -2010 which was adopted by the Board on
April 21, 20](0. The Public Hearing was deleted as the Ordinance is not ready.
A Public Hearing was held to consider a Resolution renouncing and disclaiming any
right of the County and the public in and to a portion of State Road 905 /County Road 905 as
recorded in Plat Book 7, Page 5, 8 and 9 of the Public Records of Monroe County, Florida in
Section 13, Township 59 South, Range 40 East, (North Key Largo). There was no public input.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent to
continue the hearing to November 17, 2010 at the Nelson Government Center at 3:00 P.M.
Motion carried unanimously.
165
A Public Hearing was held to consider a Resolution renouncing and disclaiming any right
of the County and the public in and to a 50 -foot wide section of Cabrera Street, bounded by Lot
1, Block 7 and Lot 1, Block 1, South Creek Village, as recorded in Plat Book 3, Page 85 of the
public records of Monroe County, Florida (Key Largo). There was no public input. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 250-2010
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 in the form of a purchase
offer from the Monroe County Land Authority. There was no public input. Motion was made
by Commissioner Wigington and seconded by Commissioner DiGennaro to adopt the following
Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner DiGennaro
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Murphy
No
Motion carried.
RESOLUTION NO. 251-2010
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 29, Block 4, Revised Amended Plat of
Riviera Village, Key Largo, Real Estate Number 00511470.000000 in the form of a purchase
offer from the Monroe County Land Authority. Christine Hurley, Growth Management Director
discussed the matter. The Board accepted public input with the following individual addressing
the Board: Miriam C. Rodriguez. Motion was made by Commissioner Wigington and seconded
by Commissioner Carruthers to adopt the following Resolution. Roll call vote was taken with
the following results:
Commissioner Carruthers
Yes
Commissioner DiGennaro
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Murphy
No
Motion carried.
RESOLUTION NO. 252-2010
166
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Richard M. ,& Suzanne M. Speer for property described as Lot 1, Block 1, Buccaneer Point
Subdivision, Key Largo, Real Estate Number 00496131.00100 in the form of one (1) Dwelling
Unit Allocation Award. There was no public input taken. Motion was made by Commissioner
Wigington and seconded by Commissioner Carruthers to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 253-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Rafael L. Otero for property described as Lot 30, Block 1, Cross Key Water Way Estate, Section
Two, Real Estate Number 00511470.000000 in the form of one (1) Dwelling Unit Allocation
Award. There was no public input taken. Motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 254-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to reconsider 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 in the form of a purchase offer from the Monroe
County Land Authority. Motion was made by Commissioner Wigington and seconded by
Commissioner Neugent to not change the Board's previous action (Resolution No. 189 -2010
dated June 16, 20 10) and purchase in the form of a purchase offer from the Monroe County Land
Authority. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner DiGennaro
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Murphy
No
Motion carried.
RESOLUTION NO. 255-2010
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
REVISION 166
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Richard M. & Suzanne M. Speer for property described as Lot 1, Block 1, Buccaneer Point
Subdivision., Key Largo, Real Estate Number 00496131.00100 in the form of one (1) Dwelling
Unit Allocation Award. There was no public input taken. Motion was made by Commissioner
Wigington and seconded by Commissioner Carruthers to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 253-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Rafael L. Otero for property described as Lot 30, Block 1, Cross Key Water Way Estate, Section
Two, Real Estate Number 00511470.000000 in the form of one (1) Dwelling Unit Allocation
Award. There was no public input taken. Motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 254-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to reconsider a request for Administrative Relief made by
Triple J Inve- stments, Inc. for property described as Lot 23, Block 3, Ocean Park Village, Key
Largo, Real Estate Number 00446010.000000 in the form of a purchase offer from the Monroe
County Land Authority. Motion was made by Commissioner Wigington and seconded by
Commissioner Neugent to not change the Board's previous action (Resolution No. 189 -2010
dated June 16, 2010) and purchase in the form of a purchase offer from the Monroe County Land
Authority. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner DiGennaro
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Murphy
No
Motion carried.
Said Resolution is incorporated herein by reference.
There; being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
167
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk