09/15/2010 Regular175
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 15, 2010
Marathon, Florida
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 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 Carruthers and seconded by Commissioner
Wigington approving the addition of the following agenda item to today's agenda:
C39 - Approval for the Mayor to sign a letter through which Monroe County objects to
the application of Venture Out at Cudjoe Cay, Inc. to operate a wastewater utility for the
subdivision.
R1 - An Attorney - Client Closed Session of the Board of County Commissioners to be
held at 1:30 P.M. in the matter of Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No.
Ca K 10 -1050.
Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation declaring Oct. 3 -9, 2010 as Fire Prevention Week
in Monroe County.
Presentation of Mayor's Proclamation declaring September 26, 2010 as "US 1 Radio
Day" in the Florida Keys.
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Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
to adopt the following Resolution honoring Warren Johnson and The Propeller Club of the
United States of America. Motion carried unanimously.
RESOLUTION NO. 262a-2010
Said Resolution is incorporated herein by reference.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval of the filing of a Grant Application and Agreement for State Aid
to Libraries from the Florida Department of State, Division of Library and Information Services,
and execution of same with the proper County authorities.
Board granted approval of the document entitled Monroe County Public Library Long -
Range Plan of Service for the years 2011 -2013, submitted by Norma Kula, Director of Libraries,
dated August 13, 2010. Said document is incorporated herein by reference.
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 Second Renewal to the
Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the I%
allocation for art funding for the reimbursement of administrative expenses.
Board granted approval and authorized execution of a Fourth Amendment to Agreement
dated July 19, 2006 between Monroe County and Kelley, Kronenberg, Gilmartin, Fichtel,
Wander, P.A. for Legal Services to update authorized timekeepers retroactively to April 2, 1010.
Board granted approval of a Risk Management settlement in the amount of $40,000.00
(inclusive of Attorneys Fees and Cost) for Claim # 200904GL, in the matter of Jamison Fleming
v. Monroe County.
Board granted approval of a Risk Management settlement in the amount of $282,706.77
(inclusive of Attorneys Fees and Cost) for Claim # 200700GL, in the matter of Celeste Bruno v.
Monroe County, 07 -CV- 10117.
Board granted approval to accept renewal with VFIS to provide Portable Equipment and
Emergency Apparatus Insurance.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Interisk Corporation to include consulting services on an as needed basis in
the areas of Workers' Compensation and Risk Management and exclude services related to
Employee Benefits.
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Board granted approval to accept a proposal with Gallagher Benefit Services, Inc. to
provide Employee Benefits Consulting Services and authorized execution of same.
Board granted approval of various resolutions for the transfer of funds, receipt of
unanticipated revenue, and rescinding.
Rescinding Resolution No. 206 -2010 (OMB Schedule Item No. 1).
RESOLUTION NO. 263-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution 207 -2010 (OMB Schedule Item No. 2).
RESOLUTION NO. 264-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 008 -2010 (OMB Schedule Item No. 3).
RESOLUTION NO. 265 -2010
Said Resolution is incorporated herein by reference.
Amending Resolution 009 -2010 (OMB Schedule Item No. 4).
RESOLUTION NO. 266-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 267010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 268-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 269-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 270-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated (OMB Schedule Item No. 9)
RESOLUTION NO. 271-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 272-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11)
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RESOLUTION NO. 273-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 274-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 275-2010
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 276-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 277 -2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 278-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 279-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 280-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19)
RESOLUTION NO. 281-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20)
RESOLUTION NO. 282-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21)
RESOLUTION NO. 283-2010
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 284 -2010
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 285-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 286-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25)
RESOLUTION NO. 287-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated (OMB Schedule Item No. 26)
RESOLUTION NO. 288-2010
Said Resolution is incorporated herein by reference.
Board authorized the Mayor to execute a Certificate of Acceptance of Subgrant Award
for the Monroe County Jail Incarceration Program, using funds granted by the Florida
Department of Law Enforcement for the Residential Substance Abuse Treatment (RSAT)
program, for the period from September 1, 2010 through August 31, 2011.
Board authorized the Mayor to execute a Contract with the Guidance Care Center for the
Monroe County Jail Incarceration Program, using funds provided under the FDLE Residential
Substance Abuse Treatment Grant, for the period from September 1, 2010 through August 31,
2011.
Board granted approval of Award of Bid and authorized execution of a Contract between
Monroe County and Hi -Lite Markings, Inc. for the Taxiway "A" Marking Project at the Florida
Keys Marathon Airport, in the total amount of $49,995.00.
Board granted approval of a Consent to Assignment of the Lease Agreement for the West
Bay of Hangar One at the Florida Keys Marathon Airport from David P. Rice, Assignor, to
Steven Strobbe, Assignee.
Board granted approval to "partner" with the Florida Keys Council of the Arts to pursue
an ArtReach audience development grant being submitted by Artists in Paradise.
Board granted approval to enter into a one -year residential Lease Agreement with a
Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence (Location C).
Board granted approval to exercise the second and final renewal option of the Contract
between Monroe County and EE &G Environmental Services, LLC, for beach cleaning,
maintenance & beautification of Higgs Beach, Key West.
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Board granted approval of Award of Bid and authorized execution of a Contract between
Monroe County and Weathertrol Maintenance Corp. for Middle Keys facilities central air
conditioning requested maintenance and repair.
Board ratified a previously executed Federal Aviation Administration Grant to provide
funding to "Conduct Utility Master Plan; Improve Airport Drainage (Phl Design); Rehabilitate
Apron (Phl Design); and Construct Terminal Building (Reimbursement), Ph4b" at the Key West
International Airport.
Board ratified a previously executed Federal Aviation Administration Grant to provide
funding to "Improve Utilities (water and sewer lines) Phl Design; Improve Taxiway Markings
and Lighting; and Conduct Wildlife Hazard Assessment" at The Florida Keys Marathon
Airport.
Board granted approval of Purchase Service Order #09/10/15 between Monroe County
and URS for Pavement Rehabilitation for Aircraft Parking Areas and Connections at the Key
West International Airport.
Board granted approval of Purchase Service Order #09/10/16 between Monroe County
and URS for Drainage study, plans and specifications for rehabilitation of the Air Carrier Ramp,
including connecting taxiways #9, #10 and #11 at the Key West International Airport.
Board granted approval of Purchase Service Order #09/10/29 between Monroe County
and URS to prepare plans and specifications for the installation of a baggage handling elevator at
the Key West International Airport.
Board granted approval of Purchase Service Order #09/10/34 between Monroe County
and URS to conduct a Wildlife Hazard Assessment to identify hazardous wildlife attractants and
species utilizing The Florida Keys Marathon Airport.
Board granted approval and authorized execution of a Grant Agreement from the Florida
Energy and Climate Commission (Grant #ARS010) pursuant to American Recovery and
Reinvestment in the amount of $2,687,288.00.
Board granted approval to enter into an Agreement between Gila Corporation d/b /a
Municipal Services Bureau (MSB) and the Board of County Commissioners and the Board of
Governors of Fire and Ambulance District 1 for the collection of outstanding ground and air
ambulance transport account receivable balances, effective October 1, 2010 through
September 30, 2011 with two additional one (1) year renewals.
Board granted approval of a Revised Supply List made part of the Food Service Contract
between GA Food Service, Inc. and the Board of County Commissioners. The company revised
their supply list on 1/5/2010 to reflect minor changes in the pricing of two items on the List, due
to a change in their suppliers.
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Board granted approval and authorized execution of Amendment #0003 for the Homeless
Prevention and Rapid Re- Housing Grant Agreement (HPRP) #KFZ28 between the State of
Florida Department of Children and Families and Monroe County Board of County
Commissioners (Community Services /Social Services).
Board granted approval to accept proposal from The Florida Municipal Insurance Trust
Agreement #386 to provide General Liability, Vehicle Liability and Public Officials /Employee
Practices Liability.
Board granted approval of Second Extension of Time to Lease Amendment with Coast
FBO, LLC, Fixed Base Operator (FBO), at Florida Keys Marathon Airport.
Board granted approval and authorized execution of an Automated Teller Machine
Agreement with First State Bank of the Florida Keys to operate an automated teller machine
(ATM) at the Key West International Airport.
Board granted approval of waiver of purchasing policies and procedures in award of Key
West International Airport Security Systems Improvements. The waiver would be specific and
would be limited to fire and security upgrades requiring integration with the proprietary (Lenel)
software and would only involve work assigned to International Fire and Security Systems
(IFSS). As the original installer of the system and the holder of the proprietary license, IFSS is
the only vendor that can provide seamless integration of the upgrade components and, more
importantly, warranty the components to be fully functional with the system.
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 AT & T cellular
telephones inside the Murray E. Nelson Government and Cultural Center. This approval
will rescind the approval on 8/181/10 of same item without Exhibit.
Board granted approval to waive purchasing policy and enter into an agreement with Icon
Enterprises, Inc., d/b /a CivicPlus, for web hosting, web hosting, website development, and
content management services as described in the Licensing and Service Agreement for Monroe
County FL and specifically detailed in Exhibit A.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a three year agreement with
Floridakeys.com to provide website services that promote tourism.
Board granted approval and authorized execution of an Amendment to Agreement to
revise Exhibit A (2nd) 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.
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GROWTH MANAGEMENT
Board granted approval of the RFP Selection Committee's recommendation to award a
contract for Professional Services for the Scanning and Digitizing of Building Department
Permit Records to Advanced Data Solutions, Inc. and authorized execution of same.
Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Chapter 8 of Monroe County Code, to change the name of the Code
Enforcement Department to the Code Compliance Department and retaining all powers of Code
Enforcement.
Board granted approval and authorized execution of a Commencement Date Agreement
pursuant to the Lease Agreement between Monroe County and Sea Grape Apartments, Ltd. for
property located in Marathon, Florida (RE #001103560.000200).
Board granted approval and authorized execution of a Commencement Date Agreement
pursuant to the lease between Monroe County and Sea Grape II, Ltd. For property located in
Marathon, Florida (RE #00103560.000201 & 00103560.000203).
Board granted approval and authorized execution of an Amendment to the Professional
Services Contract between Monroe County and Keith and Schnars, P.A., amending the Master
Schedule Attachment `B" that specifies the work program timeline and deliverable schedule.
Board granted approval to execute a Consent of Lessor for Declaration of Condominium
for Holzman Homes Condominium developed by Habitat of Humanity of the Upper Keys, Inc.
located at 98980 Overseas Highway in Key Largo (RE# 00522220- 000000) for five (5) units of
affordable housing.
SHERIFF'S DEPARTMENT
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Monroe County Sheriff's Office for use of grant from FY 2010
Edward Byrne JAG Grant Program/Local Solicitation in amount of $21,898.00 to support the
Crisis Intervention Training (CIT) /Implementation & Community Re -Entry Diversion Project for
the Sheriff's Office.
Board adopted the following Resolution establishing a Criminal Justice Mental Health
and Substance Abuse Planning Council; and appointment of representative of a county -wide
homeless program to the Council.
RESOLUTION NO. 289-2010
Said Resolution is incorporated herein by reference.
Board granted approval for the Monroe County Sheriff's Office to submit an application
on behalf of the County for a three -year Implementation Grant ($750,000.00) from the Criminal
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Justice Mental Health Substance Abuse Reinvestment Grant Program through the Florida
Department of Children and Families; approval to accept grant if awarded; and approval for
Sheriff Robert Peryam to sign all necessary documents.
COMMISSIONERS' ITEMS
Board adopted the following Resolution approving the animal control citation to be used
pursuant to Section 4 -46 of the Monroe County Code.
RESOLUTION NO. 290-2010
Said Resolution is incorporated herein by reference.
Board approved Commissioner Carruthers' item for the reappointment of Douglas B.
Wright to the Monroe County Tourist Development Council as a Lodging Industry appointment.
Board approved Commissioner Neugent's item to appoint Robert Cintron to the Human
Services Advisory Board (HSAB) Working Committee.
Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida applauding the Ocean Conservancy and Florida Keys National Marine
Sanctuary for their efforts in organizing and carrying out a Keys -wide beach cleanup to take
place on September 25, 2010.
RESOLUTION NO. 291-2010
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the BOCC minutes from the Special BOCC meetings
held on July 6 & 13, 2010 - (previously distributed).
Board granted approval of the following Warrants: (105667 - 105781 and 554238 -
555055) General Fund (001), in the amount of $1,186,471.58; Fine & Forfeiture Fund (101),
in the amount of $115,068.78; Road and Bridge Fund (102), in the amount of $39,354.21;
TDC District Two Penny (115), in the amount of $131,182.91; TDC Admin. & Promo 2 Cent
(116), in the amount of $857,578.10; TDC District 1,3 Cent (117), in the amount of
$110,432.00; TDC District 2,3 Cent (118), in the amount of $35,387.71; TDC District 3,3
Cent (119), in the amount of $64,239.14; TDC District 4,3 Cent (120), in the amount of
$13,007.64; TDC District 5,3 Cent (121), in the amount of $84,618.61; Gov. Fund Type
Grants (125), in the amount of $296,918.41; Fire & Amb District 1 L &M Keys (141), in the
amount of $393,879.73; Upper Keys Health Care (144), in the amount of $1,392.20; Uninc
Svc Dist Parks & Rec (147), in the amount of $39,927.41; Plan, Build, Zoning (148), in the
amount of $56,572.68; Municipal Policing (149), in the amount of $178.73; Duck Key
Security (152), in the amount of $4,607.41; Boating Improvement Fund (157), in the amount
of $15,787.87; Misc. Special Revenue Fund (158), in the amount of $48,827.32;
Environmental Restoration (160), in the amount of $26,761.90; Court Facilities Fees -602
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(163), in the amount of $2,418.71; Drug Abuse Trust (164), in the amount of $382.95; Big
Coppitt Wstewtr MSTU (169), in the amount of $8,577.50; Stock Island Wastewater (171),
in the amount of $1,175.00; Duck Key MSTU, (176) in the amount of $1,997.50; Building
Fund (180), in the amount of $5,349.69; 1 Cent Infra Surtax (304) in the amount of
$85,683.84; 2003 Revenue Bonds; (307), in the amount of $5,000.00; Infr Sls Srtx Rev
Bds2007, (308), in the amount of $655,823.43; Duck Key Wstwtr (311), in the amount of
$455,400.26; Card Sound Bridge (401), in the amount of $79,777.90; Marathon Airport
(403), in the amount of $59,772.93; Key West Intl. Airport (404), in the amount of
$364,715.49; KW AIP Series 2006 Bonds (405), in the amount of $93,694.38; PFC & Oper
Restrictions (406), in the amount of $315,533.34; MSD Solid Waste (414), in the amount of
$630,281.74; Worker's Compensation (501), in the amount of $6,954.86; Group Insurance
Fund (502), in the amount of $132,608.28; Risk Management Fund (503), in the amount of
$48,455.80; Fleet Management Fund (504), in the amount of $82,442.10; Fire &EMS LOSAP
Trust Fund (610), in the amount of $1,815.00.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid.
Board granted approval of TDC expenditures for the month of August, 2010:
Advertising, in the amount of $985,565.74; Bricks & Mortar /Interlocal Projects, in the
amount of $46,820.27; Visitor Information Services, in the amount of $3,770.00; Events, in
the amount of $102,688.26; Office Supplies & Oper Costs, in the amount of $34,769.60;
Public Relations, in the amount of $36,466.25; Sales & Marketing, in the amount of
$41,465.92; Telephone & Utilities, in the amount of $12,104.16 Travel, in the amount of
$6,805.91.
Board granted approval of Cherry, Bekaert, & Holland's standard letter, dated August 30,
2010, which communicates to the Board their responsibilities as auditors.
COUNTY ATTORNEY
Board adopted the following Resolution adopting a policy with respect to use of County
seal by anyone other than County official or employee in the course of performing their duties.
RESOLUTION NO. 292-2010
Said Resolution is incorporated herein by reference.
Board granted approval of a request to advertise a Public Hearing for an Ordinance
requiring registration of people representing others, seeking to influence the BOCC, and to delete
the exemption available to officials and employees in county service as of April 17, 1990, which
exemption would allow them* to lobby the county immediately after vacating office while all
other officials and employees are precluded from lobbying for 2 years after vacating position.
( *Elected officials are currently prohibited by statute from lobbying for 2 years after leaving
office.)
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Board granted approval to advertise a Public Hearing to consider an Ordinance amending
portions of Section 4 of the Monroe County Code relating to dangerous dogs.
Board adopted the following Resolution to correct the erroneous language currently
reflected in Sec. 110- 73(a), MCC due to a scrivener's error in Ordinance No. 005 -2010 to
accurately reflect prior deletions and changes in text effective in Ordinance No. 033 -2009.
RESOLUTION NO. 293-2010
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Ninth Amended Settlement
Agreement in Case No. CAK 01 -108, Richard M. Osborne, Trustee & Conch Contrada, L.C. v.
Monroe County, et al.
Motion carried unanimously.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, and
Commissioner Kim Wigington. Absent were and City of Layton Councilman Clark Snow and
City of Layton Mayor Norman Anderson.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval to enter into and execute am Agreement between Gila Corporation
d/b /a Municipal Services Bureau (MSB) and the Board of County Commissioners and the Board
of Governors of Fire and Ambulance District 1 for the collection of outstanding ground and air
ambulance transport account receivable balances, effective October 1, 2010 through September
30, 2011 with two additional one (1) year renewals. Motion carried unanimously, with City of
Layton Councilman Clark Snow and City of Layton Mayor Norman Anderson absent.
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval and authorizing execution of a Renewal Agreement, effective from
October 1, 2010 through September 30, 2011, with Fire Tech Repair Service, Inc. for repair and
maintenance of Fire Rescue vehicles, including semi - annual inspections, preventative
maintenance and unscheduled maintenance resulting from malfunction or failure. Motion carried
unanimously, with City of Layton Councilman Clark Snow and City of Layton Mayor Norman
Anderson absent.
The following individual addressed the Board: Bill Hunter, representing the Sugarloaf
Shores Property Owner's Association. Mr. Hunter discussed the Sugarloaf Fire Department
Building which is need of repair.
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There being no further business, the Fiscal Year 2011 budget meeting of Board of
Governors for the Fire and Ambulance District I was adjourned.
The Board of County Commissioners meeting reconvened with Commissioner Heather
Carruthers, Commissioner Kim Wigington and Mayor Murphy present.
COUNTY ADMINISTRATOR
Carl Chidlow of the Cardenas Partners, LLC updated the Board on the progress of their
work for Monroe County. Mr. Chidlow discussed Congressional action pertaining to
appropriation requests; Securing of funding for wastewater projects; EPA grant approval for
wastewater; Future appropriation requests and funding opportunities; Monitoring of Federal
response in regards to the BP Oil Spill; Monitoring of legislation along with the County
Attorney's Office in regards to tax revenue from hotel receipts sponsored by Orbitz & Expedia;
and Monitoring of a grant along with the County's OMB office in regards to the TIGER II grant
and USDOT stimulus funding.
MISCELLANEOUS BULK APPROVALS
The Board discussed rejecting a bid and re- advertising a Request for Proposals (RFP) for
the Duck Key Security System Installation and Maintenance Project. Kevin Wilson, Assistant
Director Project Management discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington to reject the bid from
Gator Security, Inc. and re- advertise a Request for Proposals (RFP) for the Duck Key Security
System Installation and Maintenance Project. Motion carried unanimously with Commissioner
DiGennaro and Commissioner Neugent not present.
The Board discussed the Life Insurance and Accidental Death & Dismemberment policy
with the Hartford Life Insurance effective October 1, 2010. Rates are guaranteed for two years
(FY 10 /11 & FY 11/12). Teresa Aguiar, Employee Services Director discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to continue the Life Insurance and Accidental Death & Dismemberment policy with
Hartford Life Insurance. Motion carried unanimously with Commissioner DiGennaro and
Commissioner Neugent not present.
Commissioner Neugent returned to the meeting and took his seat.
The Board discussed a Unity of Title to allow the County's parcels of property located in
the City of Marathon to be considered one parcel of land for assessment purposes. Dent Pierce,
Public Works Director and Suzanne Hutton, County Attorney discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval and authorizing execution of the item. Motion carried unanimously
with Commissioner DiGennaro not present.
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Commissioner DiGennaro returned to the meeting and took his seat.
TOURIST DEVELOPMENT COUNCIL
Motion was made Commissioner DiGennaro and seconded by Commissioner Carruthers
granting approval of the appointment of Ms. Wendy Railly Gentes as an "At Large" appointment
to the Tourist Development Council District IV. Motion carried unanimously.
The Clerk announced a vacancy on the Tourist Development Council District II Advisory
Committee for an " Large" appointment.
MISCELLANEOUS
Roman Gastesi, County Administrator formally introduced representatives from
Gallagher Benefit Services, Inc. to provide Employee Benefits consulting services - Richard
Capizzi, Area Assistant Vice President and Glen Volk, Consulting Actuary. (The consulting
services agreement with Gallagher Benefit Services, Inc. to provide Employee Benefits
Consulting Services was approved earlier in the day).
STAFF REPORTS
Airport - Peter Horton, Airports Director reported to the Board on the status of the
Runway Safety Area. Mr. Horton also reported that improvements have been completed at the
passenger pickup station.
COUNTY ADMINISTRATOR
A Presentation was made by Cristian LaCapra, Regional Manager, Miami Dolphins to
focus on the Miami Dolphins commitment to be involved in the communities that support the
team as well as some plans to help season ticket holder get to the stadium. No official action was
taken.
EXTENSION SERVICES
The Board discussed the continuation of the Green Initiative Task Force (GITF) beyond
the sunset date of September 30, 2010. A Presentation of the GITF Sustainable Vision Statement
was presented by Doug Gregory, Director/Marine Sea Grant Agent. The following individual
addressed the Board: Bill Hunter. After discussion, motion was made by Mayor Murphy that in
January, 2011 the BOCC put into play a committee to be made up of whatever Staff deems best.
After consideration, the motion was rescinded. Motion was made by Mayor Murphy and
seconded by Commissioner DiGennaro to accept the Green Initiative Task Force Sustainable
Vision Statement and go no further with any committee until January, 2011 and start then what
ever the BOCC deems necessary. After consideration, the motion is withdrawn by the maker
with the second accepting. Motion was made by Mayor Murphy and seconded by Commissioner
Wigington to accept the Sustainable Vision Statement from the Green Initiative Task Force.
Motion carried unanimously. Motion was made by Mayor Murphy and seconded by
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Commissioner DiGennaro that an Advisory Committee be discussed in its' entirety in January,
2011 with Staff's input. Motion carried unanimously.
GROWTH MANAGEMENT
The Board discussed transmitting to the Florida Department of Community Affairs the
Compilation Report prepared by Keith and Schnars, PA, which identifies the issues to be used as
the basis for the 2011 Evaluation and Appraisal Report (EAR) of the Monroe County
Comprehensive Plan, including the major issues as identified by the public. The following
individuals addressed the Board: 'Ron Denies, Executive Director of the Naval Air Station Key
West and John November, representing Citizens Not Serfs. Christine Hurley, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner Wigington and seconded by Mayor Murphy with the addition of the following:
Page 6:
4. Compatibility with Military Installation
a. Evaluate the effectiveness of the County's coordination process for
land uses adjacent or closely proximate to NAS -Key West and
other military activities within Monroe County_
Motion carried unanimously.
Dawn Sonneborn, AICP, Director of Planning and Debbie Love, Senior Planner with
Keith & Schnars, P.A. made a Presentation of the 2011 Evaluation and Appraisal Report (EAR)
of the Monroe County Comprehensive Plan, including the major issues as identified by the
public. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner DiGennaro to transmit to the Florida Department of Community Affairs the
Monroe County Evaluation and Appraisal Report (EAR) Compilation Report with the addition of
the following:
Page 8
B. LIST OF MAJOR ISSUES
I. County -wide Visioning and Planning
a. 9. Evaluate the issues relating to maximum net density_
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Neugent's item concerning a second request by a
constituent for approval to restrict the western portion Richard Road, Big Pine Key as walk up
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use only. The following individual addressed the Board: Vern Pokorski. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the item. Motion carried unanimously.
CLOSED SESSION
An Attorney- Client Closed Session was held in the in the matter of Monroe County and
Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. Ca K 10 -1050. Ms. Hutton read the
required information into the record.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney requested a Closed Session of the Board of County
Commissioners be held in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For
Animals, Inc., Case No. Ca K 10 -1050. The subject matter will be confined to Settlement
Negotiations and Strategy Session relating to litigation expenditures. Ms. Hutton read the
required information into the record. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers to hold the Closed Session on October 20, 2010 at the
Harvey Government Center in Key West at 1:30 P.M. Motion carried unanimously.
Commissioner Neugent excused himself from the meeting.
MISCELLANEOUS BULK APPROVALS
The Board discussed the Mayor signing a letter to be sent to the Florida Public Service
Commission through which Monroe County objects to the application of Venture Out at Cudjoe
Cay, Inc. to operate a wastewater utility for the subdivision. Suzanne Hutton, County Attorney
discussed the matter. Motion was made by Commissioner DiGennaro and seconded by
Commissioner Wigington granting approval of the item. Motion carried unanimously, with
Commissioner Neugent not present.
GROWTH MANAGEMENT
Motion was made Commissioner Wigington and seconded by Commissioner Carruthers
authorizing the Mayor to sign a letter to be sent to the Department of Community Affairs (DCA)
regarding previously awarded ROGO allocations for tierless properties and other tierless
properties for which allocations are being held in abeyance in response to the July 15, 2010,
DCA letter from Charles Gauthier. Roll call vote was unanimous, with Commissioner Neugent
not present.
Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro authorizing the Mayor to transmit to the Department of Community Affairs the
Monroe County Annual State of Florida Work Plan Progress Report. Motion carried
unanimously, with Commissioner Neugent not present.
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Christine Hurley, Growth Management Director presented a report of revenue vs.
expenses for Code Enforcement Officers for unlicensed contractor compliance, as requested by
the Commission. The following individual addressed the Board: Rudy Krause. No official
action was taken.
Commissioner Neugent returned to the meeting and took his seat.
MISCELLANEOUS
Roman Gastesi, County Administrator discussed a triathlon to be held on December 5,
2010 in Key West. The following individual addressed the Board: Amy Spielberg representing
Stay Fit Studio (the sponsor of the triathlon).
MONROE COUNTY HEALTH DEPARTMENT
The Board discussed a Resolution authorizing the Monroe County Health Department to
establish clinical fees for primary care services offered as set forth in Exhibit A attached to and
made a part of the Resolution. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner DiGennaro to adopt the following Resolution excluding the
following:
WHEREAS, pursuant to F.S. 154.01(a) and 154.06(1), this fee resolution does not
include fees for environmental health services offered at the Monroe County Health Department
which are regulated by a uniform statewide fee schedule and are specifically outside of the
jurisdiction of the Board of County Commissioners of Monroe County, Florida; and
Motion carried unanimously.
RESOLUTION NO. 294-2010
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
The Board discussed a request by Rory and Debra Brown, for a Floodplain Variance
under Monroe County Code Section 122 -5 to convert the use of their below base flood elevation
enclosure from recreation room, storage area, laundry area and convenience bath to one
bedroom, storage area, laundry area and convenience bath for property located at 23048 Sailfish
Lane, Cudjoe Key, RE# 00188650.000000. The Clerk swore in all of the individuals who would
provide testimony. Due to the quasi judicial nature of the proceedings, each Commissioner
disclosed the names of the individuals with respect to any and all discussions held that might
influence their decision. Bob Shillinger, Chief Assistant County Attorney and Attorney Lee
Rohe, representing the Brown family questioned members of the Brown family - Rory Brown,
Darren Brown, and Debra Brown. Christine Hurley, Growth Management Director discussed the
matter. The following individuals addressed the Board: John November, Sloan Bashinsky,
Pauline Klein, and Bill Loewy. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers approving the request for a Floodplain
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Variance conditioned upon a time certain that the variance would end. Christine Hurley, Growth
Management Director read into the record wording to grant the variance to use the existing
downstairs enclosure as living area that is constructed at 4.32 feet above mean sea level from the
9 foot elevation requirement with the condition that the property owner record a restrictive
covenant approved by the County Attorney in form and in the land records of the county that
provides for the use of the structure as living area until the paraplegic family member is no
longer living in the home. In addition, Staff was directed to prepare a Resolution describing
today's Legislative findings and bring back the Resolution to the Board for approval. 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.
Commissioner DiGennaro excused himself from the meeting.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Wigington's item concerning direction to explore
opening some presently barricaded county roads that previously offered public access to the
water. The following individual addressed the Board: Colleen Murphy. Suzanne Hutton,
County Attorney discussed the matter. The item was referred to Staff.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance creating Section 130 -101 of the land
development code allowing patrons' dogs in designated outdoor portions of public food service
establishments in accordance with Florida Statute §509 -233. There was no public input.
Motion was made by Mayor Murphy and seconded by Commissioner Neugent to adopt the
following Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present.
ORDINANCE NO. 027 -2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a Resolution revising the fee schedule for the
Planning and Environmental Resources Department to include the number of internal staff
meetings and the number of public hearings included in base fees and adding additional fees
after included meetings and hearings are exceeded; clarifying that applicants are required to pay
half of any hearing officer travel and expenses, and adding a fee for applications to allow dogs in
restaurants. There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried
unanimously, with Commissioner DiGennaro not present.
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RESOLUTION NO. 295 -2010
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Division's Monthly Activity Report for August, 2010, dated September 1, 2010. Mr. Gastesi
announced that the Health Department and the Mosquito Control are holding a town hall meeting
today at the Harvey Government Center at 5:30 P.M. in regards to Dengue Fever.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed the McIntyre jail case. The Board
authorized the County Attorney's Office to represent the Sheriff's Office unless there are any
conflicting issues that would preclude them. Ms. Hutton indicated she would return to the Board
in October if there are not any conflicting issues with a formal request for a waiver.
Commissioner DiGennaro returned to the meeting and took his seat.
The Mayor discussed Agenda item P5 approved earlier in the day concerning a
Resolution to correct the erroneous language currently reflected in Sec. 110- 73(a), MCC due to a
scrivener's error in Ordinance No. 005 -2010 to accurately reflect prior deletions and changes in
text effective in Ordinance No. 033 -2009. No further changes were made to the item.
Suzanne Hutton, County Attorney requested an Attorney - Client Closed Session of the
Board of County Commissioners be held in the matter Thomas Collins et al. v. Monroe County,
CA M 04 -379, for the regularly scheduled BOCC meeting to be held October 20, 2010. Motion
was made by Commissioner Wigington and seconded by Commissioner Neugent to hold the
Closed Executive Session on October 20, 2010 at the Harvey Government Center in Key West at
2:00 P.M. Motion carried unanimously.
Suzanne Hutton, County Attorney requested an Attorney- Client Closed Session of the
Board of County Commissioners be held in the matter of Galleon Bay vs. Monroe County v.
State of Florida, CAK -02 -595, for the regularly scheduled BOCC meeting of October 20, 2010.
Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to
hold the Attorney- Client Closed Session on October 20, 2010 at the Harvey Government Center
in Key West at 2:30 P.M. Motion carried unanimously
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
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Isabel C. DeSantis, Deputy Clerk