04/20/2011 Regular56
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 20, 2011
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 Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice,
Commissioner Kim Wigington, and Mayor Heather Carruthers. 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
Item A 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
Item B1 Presentation of Years of Service Award for 25 years of service to Monroe County
to Maxie Sutton, Plumber, Facilities Maintenance, Public Works Division.
Item B2 Presentation of Employee Service Award for the month of December, 2010, to
Ludwig "Ski" Witkowsky, Master Electrician, Correction Facilities Maintenance, Public Works
Division.
Item B3 Presentation of a Mayor's Proclamation observing the month of April 2011 as
National Minority Health Month.
Item B4 Presentation of a Mayor's Proclamation declaring April 2011 as Fair Housing
Month.
Item B5 Presentation of a Mayor's Proclamation observing the weekend of April 29 — May
1, 2011 as "Keys Action to Break the Cycle of Dengue Clean-Up Weekend ".
Item B6 Presentation of a Mayor's Proclamation observing May 13, 2011 as Florida's 12th
Annual Statewide Drug Court Graduation Celebration Day.
Item B7 Presentation of a Mayor's Proclamation observing the week of May 15 -21, 2011
as "Emergency Medical Services Week ".
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Debbie Frederick, Assistant County Administrator announced that Irene Toner,
Monroe County's Emergency Management Director was chosen by the Governor to receive the
2011 Emergency Management Award and will be receiving the award at the Governor's
Conference on May 19, 2011 in Tallahassee.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
granting approval of additions, corrections, and deletions to the agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner
Wigington granting approval of the following items by unanimous consent:
Item C1 Board granted approval to purchase 50 Lenovo personal computers with 85 flat
screen monitors per quotation #W10966 from Lenovo.
Item C2 Board granted approval and authorized execution of Amendment #0004 to the
Homeless Prevention and Rapid Re- Housing Grant Agreement (HPRP) Grant Agreement
#KFZ28 (10/1/09 to 6/30/11) between the State of Florida Department of Children and Families
and the Monroe County Board of County Commissioners (Community Services /Social Services).
Item C3 Board granted approval and authorized execution of Amendment 001 to the Home
Care for the Elderly (HCE) Contract KH -1072 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In-
Home Services) for fiscal year 7/1/10 to 12/31/11.
Item C4 Board granted approval and authorized execution of Amendment 002 to the Home
Care for the Elderly (HCE) Contract KH -1072 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In-
Home Services) for Fiscal Year 7/1/10 to 12/31/11.
Item C5 Board adopted the following various Resolutions for the Transfer of Funds and
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 115 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 116 -2011
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 117 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 118 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 119 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 120 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 121 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 122 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 123 -2011
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 327 -2010 (Schedule Item No. 10).
RESOLUTION NO. 123a -2011
Said Resolution is incorporated herein by reference.
Item C6 Board granted approval of the Revised Fiscal Year 2012 Budget Timetable. Said
schedule is incorporated herein by reference.
Item C7 Board granted approval and authorized execution of a Contract Renewal for
Financial Advisory Services with Public Financial Management, Inc. (PFM), Financial Advisor
to Monroe County.
Item C9 Board granted approval to execute Page 4 of 6 - Exhibit A, Traffic Signal
Intersections and Intersection Control Beacons Maintained and operated for Fiscal Year 2011-
2012, to the Traffic Signal Maintenance and Compensation Agreement No. A -PP06 with the
Florida Department of Transportation (FDOT) to reflect the compensation amount for the
7/1/2011 to 6/30/2012 term.
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Item CIO Board granted approval and authorized execution of Amendment Two to Traffic
Signal and Street Light Maintenance Agreement with Keys Energy Services, Inc. (KES), to
clarify maintenance responsibilities and revise KES's annual compensation to be 50% of the
maintenance: stipend paid to Monroe County by Florida Department of Transportation (FDOT).
Item C12 Board granted approval of the receipt of the monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C13 Board adopted the following Resolution prohibiting the parking, standing or
stopping of vehicles on the County right -of -way portions of Burton Drive from U.S. 1 to Sable
Palm Lane, ]Key Largo, Florida.
RESOLUTION NO. 124 -2011
Said Resolution is incorporated herein by reference.
Item C14 Board approval and authorized execution of an Agreement with Congresswoman
Ileana Ros- Lehtinen for office space at the Murray E. Nelson Government and Cultural Center in
Key Largo, ]Florida.
Item C15 Board granted approval and authorized execution of a Lease Agreement
Amendment with the Florida Keys Outreach Coalition to occupy office space on the second floor
of the Department of Juvenile Justice Building.
Item C16 Board granted approval of proposal from SCS Engineers in the amount of
$24,995 to provide professional engineering services to assist Monroe County with renewal of
the Operation Permit for the Cudjoe Key Lined Landfill cells, and approval to pay them an
additional $9,267.75 for additional work required by the Florida Department of Environmental
Protection (FDEP).
Item C17 Board granted approval to pay Intercon Solutions, sole source E -Waste
recycling/disposal vendor, in the amount of $2120.00 (two invoices for $918.00 and $1202.00)
for recent residential E -Waste Collection events held at the Cudjoe Transfer Station (3,180 lbs.
collected) and the Marathon Public Works yard (6,020 lbs. collected), and for staff to continue
using Intercon Solutions as our vendor for E -Waste collection and disposal.
Item C19 Board granted approval and authorized execution of a Certificate of Public
Convenience; and Necessity (COPCN) to the City of Marathon Fire Rescue for the operation of
an ALS transport ambulance service for the period April 15, 2011 through April 14, 2013.
Item C20 Board granted approval and authorized execution of a Contract for Employment
Physical Services with Michael D. Burton, D.O.
Item C21 Board granted approval and authorized execution of a Contract for Employment
Physical Services with Ronald Samess, M.D.
Item C22 Board granted approval and authorized execution of a Contract with Key West
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Urgent Care to provide employment physicals and authorization for the Employee Services
Director to execute an agreement with Key West Diagnostics to perform chest x -rays as needed.
Item C24 Board granted approval to accept proposal from Arthur J. Gallagher for
General and Professional Liability insurance for Bayshore Manor — Assisted Living Facility.
Item C25 Board granted approval to accept proposal from Marsh USA for Property
Insurance package through Lexington Insurance Company and Landmark American Insurance
Company, in the revised amount not to exceed $595,000.
Item C26 Board granted approval of payment to U.S. Water Services Corporation for
Invoice #750798, for Waste Water Treatment Services provided at the Florida Keys Marathon
Airport in the Month of March 2011, in the Total Amount of $596.42 and authorization to
continue to utilize the services of U.S. Water Services Corporation for two (2) additional months,
April and May 2011.
Item C27 Board granted approval and authorized execution of Amendment 2 to the contract
with MACTEC Engineering and Consulting, Inc. for Construction Engineering and Inspection
(CEI) services on the Geiger Creek Bridge Repair Design Build Project to extend contract term
to April 25, 2011.
Item C28 Board granted approval and authorized execution of a renewal contract with
Buccaneer Courier for a 3rd and 4th year of the original 6 year Contract to cover period from
March 16, 2013.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of Monroe County TDC Operations Manual Update to
reflect the Cultural Umbrella Acceptable Event Marketing Expenses.
Item D2 Board granted approval to terminate agreement with Key West Symphony
Orchestra, Inc. due to cancellation of season events.
Item D3 Board adopted the following Resolution transferring DAC IV, Event Resources to
DAC IV Promotional and Advertising Resources.
RESOLUTION NO. 125 -2011
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Item I1 Board granted approval to re- appoint Frank Toppino, alternate member, to one (1)
additional three (3) year term to the Contractors' Examining Board (CEB) beginning April,
2011.
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Item I2 Board granted approval to re- appoint Joseph Vetrick to one (1) additional three
(3) year term to the Contractors' Examining Board beginning April, 2011.
Item I3 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the City of Key West (City) reimbursing the City in the total
amount of $35,975.00 from County Boating Improvement Funds for costs previously incurred
for maintenance for the City's mooring field during the past fiscal year in the amount of $14,308
and grant match payments for a new pump out vessel in the amount of $21,667.
Item I4 Board adopted the following Resolution setting May 18, 2011, 3:00 p.m. at the
Murray E. Nelson Government & Cultural Center, Key Largo for a public hearing for a proposed
abandonment of a portion of the right -of -way of the western half of King Street that is adjacent
to Block 6 and Bluerunner Street in Anglers Park Subdivision, Key Largo.
RESOLUTION NO. 126 -2011
Said Resolution is incorporated herein by reference.
Item I5 Board granted approval and authorized execution of a First Amendment to the
Agreement with Terramar Environmental Services, Inc., extending the agreement to provide
biological consulting services in the amount of up to $25,000 (an increase of $5,000) to the
Growth Management Division and waiver of purchasing policy to approve a sole source contract.
MONROE COUNTY SHERIFF DEPARTMENT
Item L1 Board granted approval of Fiscal Year 2011 recommendations of the Monroe
County Shared Asset Forfeiture Fund Advisory Board.
Item L2 Board granted approval of a request for an expenditure from the Law
Enforcement: Trust Fund, as follows:
$5,000.00 Key West High School Band Boosters to help fund the KWHS
band program.
MONROE COUNTY HEALTH DEPARTMENT
Item M1 Board granted approval and authorized execution of an Amendment to the Core
Contract with the Monroe County Health Department which is required by the State of Florida
Department of Health. (This item is reheard later in the meeting and approved.)
COMMISSIONERS' ITEMS
Item N2 Board adopted the following Resolution opposing Florida House Bill 883 and
Florida Senate Bill 476, which, if passed, would remove most local jurisdiction over vacation
rental properties in Monroe County and the State of Florida.
RESOLUTION NO. 127 -2011
Said Resolution is incorporated herein by reference.
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Item N5 Board granted approval of Commissioner Rice's item concerning the
reappointment of Cynthia McKnight as the District 4 representative to the Florida Keys Council
for People with Disabilities.
COUNTY CLERK
Item 02 Board granted official approval of the Board of County Commissioners' minutes
from the regular meeting of February 16, 2011 (previously Distributed).
Item 03 Board granted approval of the following Warrants: (106120 - 106178 and 560554
- 56173 1) General Fund (001), in the amount of $2,633,843.18; Fine & Forfeiture Fund (101),
in the amount of $6,356,645.80; Road and Bridge Fund (102), in the amount of $57,437.78;
TDC District Two Penny (115), in the amount of $390,259.48; TDC Admin. & Promo 2 Cent
(116), in the amount of $910,657.33; TDC District 1,3 Cent (117), in the amount of
$834,892.46; District 2,3 Cent (118), in the amount of $72,656.43; TDC District 3,3 Cent
(119), in the amount of $214,907.04; TDC District 4,3 Cent (120), in the amount of
$156,025.97; TDC District 5,3 Cent (121), in the amount of $196,575.94; Gov. Fund Type
Grants (125), in the amount of $236,655.27; Fire & Amb District 1 L &M Keys (141), in the
amount of $182,201.15; Upper Keys Health Care (144), in the amount of $28,659.82; Uninc
Svc Dist Parks & Rec (147), in the amount of $70,106.65; Plan, Build, Zoning (148), in the
amount of $137,260.71; Municipal Policing (149), in the amount of $986,171.06; 911
Enhancement Fee (150), in the amount of $130,461.09; Duck Key Security (152), in the
amount of $4,729.10; Local Housing Assistance (153), in the amount of $11,972,84; Boating
Improvement Fund (157), in the amount of $15,127.50; Misc. Special Revenue Fund (158), in
the amount of $83,182.71; Environmental Restoration (160), in the amount of $3,881.35; Law
Enforcement Trust (162), in the amount of $143,800.00; Court Facilities Fee -602, in the
amount of $94.80; Big Coppitt Wastewater MSTU (169), in the amount of $1,000.00; Stock
Island Wstewater (171), in the amount of $1,000.00; Cudjoe - Sugarloaf MSTU (172), in the
amount of $594.14; Long Key,Layton MSTU (175), in the amount of $$66.01; Building Fund,
(180), in the amount of $19,411.34; 1 Cent Infra Surtax (304) in the amount of $5,261.76; 2003
Revenue Bonds, (307), in the amount of $400.00; Infr Sts Srtx Rev Bds2007, (308), in the
amount of $1,878.56; Duck Key Wastewater (311), in the amount of $1,388,995.38; Card
Sound Bridge (401), in the amount of $5,255.99; Marathon Airport (403), in the amount of
$91,483.04; Key West Intl. Airport (404), in the amount of $420,346.56; KW AIP Series 2006
Bonds (405), in the amount of $7,703.46; PFC & Oper Restrictions (406), in the amount of
$240,416.70; MSD Solid Waste (414), in the amount of $1,626,796.96; Worker's
Compensation (501), in the amount of $13,986.77; Group Insurance Fund (502), in the
amount of $266,772.84; Risk Management Fund (503), in the amount of $127,513.17; Fleet
Management Fund (504), in the amount of $97,881.02; Fire &EMS LOSAP Trust Fund
(610), in the amount of $2,205.00.
Item 04 Board granted approval to remove surplus equipment from inventory via disposal
or advertise i:or bid. Said listing in incorporated herein by reference.
Item 05 Board granted approval of TDC expenditures for the month of March, 2011:
Advertising, in the amount of $1,992.906.66; Bricks & Mortar /Interlocal Projects, in the
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amount of $83,224.99; Visitor Information Services, in the amount of $100,786.00; Events, in
the amount of $156,055.16; Office Supplies & Oper Costs, in the amount of $31,113.18;
Personal Services, in the amount of $57,425.92; Public Relations, in the amount of
$139,878.04; Sales & Marketing, in the amount of $156,458.69; Telephone & Utilities, in the
amount of $32,036.56; Travel, in the amount of $26,089.45.
COUNTY ADMINISTRATOR
Item P2 Board adopted the following Resolution authorizing the temporary closing of the
Northbound Lanes of US 1 from mile marker 98.2 to mile marker 100 from 10:00 a.m. to 11:30
a.m. for the annual 4th of July Parade sponsored by The Reporter Newspaper.
RESOLUTION NO. 128 -2011
Said Resolution is incorporated herein by reference.
Item P3 Board granted approval of the appointment of Richard Overmann to the Older
American Advisory Board representing the lower keys.
Item P4 Board granted approval of the appointment of Harry Appel to the Climate Change
Advisory Committee (CCAC) for a one year term.
COUNTY ATTORNEY
Item Q2 Board granted approval and authorized execution of an Amendment to the Lease
Agreement extending the lease for office space for the County Attorney's Office for one (1) year
to expire August 31, 2012.
Item Q4 Board granted approval and authorized execution of a Second Amendment to the
Agreement for Expert Witness Services with K. Marlene Conaway.
Item Q5 Board granted approval and authorized execution of a First Amendment to the
Professional Services contract of Thomas Wright, Esq. to enable Mr. Wright to perform
additional services related to the Contractors Examining Board (CEB), related ordinances and
rules and procedures.
Item Q7 Board granted approval to lease county owned land on Long Key to Telcom
Systems, Inc., who presently leases the property. Telcom owns and operates the
Communications tower situated on Long Key which provides telephone services, including 911
services to Keys residents.
Motion carried unanimously.
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MISCELLANEOUS BULK APPROVLS
Item C18 The Board discussed a Memorandum of Agreement between Monroe County and
the Professional Firefighters of Monroe County, International Association of Firefighters, Local
3909, clarif}ring paragraph 8.4 of the collective bargaining agreement (CBA) currently in force,
relating to the level pay plan method and approval for the Fire Chief to execute agreement. Jim
Callahan, Monroe County Fire Chief discussed the item. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Wigington granting approval of the
item. Motion carried unanimously.
Item C23 The Board discussed approval to accept proposal from March USA for Pollution
Liability Insurance package through Ironshore Insurance Company. Suzanne Hutton, County
Attorney discussed the item. After discussion, motion was made by Mayor Carruthers and
seconded by Commissioner Rice granting approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D4 The Clerk announced the vacancy of one position on the Tourist Development
Council District II Advisory Committee for an "At Large" Appointment.
Item D5 The Clerk announced the vacancy of one position on the Tourist Development
Council District III Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Item E1 Airports - Peter Horton, Airports Director reported to the Board that the
passenger figures for the month of March, 2011 were 71,639 which is 18.7% over the month of
March last year.
Item E6 Growth Management - Christine Hurley, Growth Management Director
announced to the Board that the 2nd Public Hearing for Tier Redesignations is scheduled for
May 4, 2011 at 5:01 p.m., at the Marathon Government Center. Ms. Hurley also announced that
the Comprehensive Plan Transmittal Hearing is scheduled for June 20, 2011 at 1:00 p.m., at the
Marathon Government Center; and at 5:00 p.m., on the same day for Keith & Schnars to present
the grand total technical document for the Evaluation and Appraisal Report and Comprehensive
Plan Amendment. Ms. Hurley reported that under the County Administrator's monthly report,
Rich Jones, Sr. Administrator - Marine Resources made some changes on the reporting of his
performance items.
The Board discussed Boating Improvement Funds (BIF) and the removal of derelict
vessels. The following individual addressed the Board: Christine Russell. The Board took no
official action.
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COUNTY ATTORNEY
Item Q6 The Board discussed the Draft Request for Proposal for sale, lease or lease with
option to purchase the Hickory House property. The following individuals addressed the Board:
Christine Russell, and Todd German, representing Buck Hiem. Nat Cassel, Assistant County
Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Rice to issue a Request for Proposal for the item. Motion
carried unanimously.
PUBLIC WORKS
Item G1 The Board discussed contract negotiations for the Big Pine Key and /or Marathon
Animal Control, Shelters and Operations.
Item GI a Approval to award of bid and enter into a Contract with Safe Harbor Animal
Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter and provide animal
control services from mile marker 16.7 to mile marker 70.
Item Glb Approval of a 4th Amendment to the Agreement with The Florida Keys Society
for Prevention of Cruelty to Animals, Inc. (FKSPCA) to temporarily operate the Big Pine Key
and Marathon Animal Shelters and provide animal control services to Mile Marker 70 for one
additional month to May 31, 2011.
Dent Pierce, Public Works Director discussed the matter. The following
individuals addressed the Board: Douglas Mader, representing SHARK; Jane Dawkins,
representing; FKSPCA; Connie Christian, representing FKSPCA; Christine Russell, Alicia
Putney, representing KDPA; and Tom McDermott, representing RPI. Suzanne Hutton, County
Attorney and Beth Leto, Assistant Public Works Director also discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of the Award of Bid to Safe Harbor Animal Rescue of the Keys, Inc.
(SHARK) for operation of the Marathon Animal Control Shelter & Service Area from mile
marker 16.7 to mile marker 70; and authorized execution of Contract. Roll call vote was
unanimous.
Christine Hurley, Growth Management Director discussed the Comprehensive
Plan's policy regarding animal control services. Motion was made by Commissioner Murphy
and seconded by Commissioner Rice to revisit one (1) year from now the creation of a Monroe
County Domestic Animal Protection and Control Advisory Board. Roll call vote was taken with
the following results:
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
No
Commissioner Wigington
Yes
Mayor Carruthers
No
Motion carried.
M.
Roman Gastesi, County Administrator discussed the savings attributed to the
Board's action for animal control services. Mr. Pierce thanked the FKSPCA for their assistance
to the County.
Item Glb The Board took no official action on a 4th Amendment to the Agreement with
The Florida Keys Society for Prevention of Cruelty to Animals, Inc. ( FKSPCA) to temporarily
operate the Big Pine Key and Marathon Animal Shelters and provide animal control services to
Mile Marker 70 for one additional month to May 31, 2011.
MISCELLANEOUS BULK APPROVALS
Item C8 The Board discussed a Resolution requesting the Florida Department of
Transportation (FDOT) revisit the three design alternatives and cost estimates previously
presented for the Old Seven Mile Bridge and participation in a multi- agency partnership effort
facilitated by Monroe County to save the Old Seven Mile Bridge. Judith S. Clarke, P.E. -
Director of Engineering discussed the matter. The following individuals addressed the Board:
Michael Behmke, representing Friends of Higgs Beach and Sloan Bashinsky. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the
Resolution, as revised. After consideration, the motion was withdrawn. The Board agreed to
hear the item later in the day.
COMMISSIONERS' ITEMS
Item N1 The Board discussed Mayor Carruthers' item concerning a Resolution urging the
Florida legislature to impose reasonable limits on the fees that can be charged for electronic
tolling of rental cars, further urging the Florida Department of Transportation to negotiate more
consumer - friendly agreements related to electronic tolling of rental cars to ensure that tourists
pay reasonable fees for electronic tolling. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the Resolution. Motion carried
unanimously.
RESOLUTION NO. 131 -2011
Said Resolution is incorporated herein by reference.
MONROE COUNTY HEALTH DEPARTMENT
Item M1 Motion was made by Commissioner Rice and seconded by Commissioner
Wigington to remove from the bulk motion and rehear later in the day the Amendment to the
Core Contract with the Monroe County Health Department which are required by the State of
Florida, Department of Health. Motion carried unanimously.
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COMMISSIONERS' ITEMS
Item N3 The Board discussed Mayor Carruthers' item concerning a Resolution supporting
the cohesive planning with the City of Key West for redevelopment of Indigenous Park and
Higgs Beach. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Murphy to adopt the following Resolution, as revised. Said revision as follows:
2. a) the County may agree to revise the architect's Higgs Beach project contract to
increase the dollar amount to cover up to $67,999 in additional design services for Indigenous
Park, provided the City agrees to provide reimbursement of the amounts spent on design specific
to Indigenous Park; and
Motion carried unanimously.
RESOLUTION NO. 132 -2011
Said Resolution is incorporated herein by reference.
Item N6 The Board discussed Commissioner Neugent's item recommending to Governor
Scott the appointment of Karl Borglum as Monroe County Property Appraiser. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 130 -2011
Said Resolution is incorporated herein by reference.
CLOSED SESSION
Item H1 Suzanne Hutton, County Attorney read the required information into the record.
The Board then held an Attorney - Client Closed Session of the Board of County Commissioners
in the matter of State of Florida, Department of Community Affairs vs. Monroe County and Leo
F. Winterling and James A. Winterling, DOAH Case No. 10- 0547DRI, APP -09 -008.
MISCELLANEOUS BULK APPROVALS
Item C8 The Board returned to the Resolution to save the Old Seven Mile Bridge which
was revised, as follows:
Title to read: A Resolution of the Board of County Commissioners of Monroe
County, Florida, requesting the Florida Department of Transportation (FDOT) work with Staff to
develop a cost effective design alternative for bridge upgrades that will allow the Old Seven Mile
Bridge to remain open for public use and participate in a multi- agency partnership effort
facilitated by Monroe County to save the Old Seven Mile Bridge.
6th WHEREAS to read: the Bridge is considered a "linear park" and walkers,
joggers, skaters, and cyclists made 101,480 trips to the bridge in 2010; and
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10th WHEREAS to read: FDOT has dedicated time, personnel and financial
resources to evaluate the potential to upgrade the existing Old Seven Mile Bridge;
Page 2, NOW, THEREFORE, BE IT RESOLVED to read:
1) FDOT work with staff to develop a cost effective design alternative and
cost estimate for bridge upgrades that will allow the Old Seven Mile Bridge to remain open for
public use; and
2) FDOT allocate resources to participate in a multi- agency partnership effort
facilitated by Monroe County to save the Old Seven Mile Bridge for use as a alternative
transportation facility to Pigeon Key and establishment of a world class bicycle /pedestrian
facility.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice to
adopt the following Resolution, as revised.
RESOLUTION NO. 129 -2011
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item J1 The Board discussed for direction to Staff as a result of FEMA's March 29, 2011
recommendation to Monroe County to rescind the variance granted September 15, 2010, under
Monroe County Code Section 122 -5 granted to Rory and Debra Brown, in Resolution # 449-
2010, to convert the use of their below base flood elevation enclosure from recreation room,
storage area, laundry and convenience bath to one bedroom, storage area, laundry and
convenience bath for property located 23048 Sailfish Lane, Cudjoe Key, RE# 00188650.000000.
Chief Assistant County Attorney, Bob Shillinger discussed the matter. The following individuals
addressed the Board: Attorney Lee Rohe, representing the Brown family; Darren Brown, and
Sloan Bashinsky. The Board took no official action.
MONROE COUNTY HEALTH DEPARTMENT
Item M1 Mary Vandenbrook, representing the Monroe County Health Department
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Neugent granting approval and authorizing execution of an Amendment to the
Core Contract with the Monroe County Health Department which is required by the State of
Florida, Department of Health. Motion carried unanimously.
RE
DIVISION OF GROWTH MANAGEMENT /COMMISSIONERS' ITEMS
Item I6 Christine Hurley, Growth Management Director provided a summary of the
recently released Census information for the total population and total housing units in Monroe
County.
Item N4 The Board also discussed Mayor Carruthers' item for possible Staff direction
regarding results of the 2010 Census in Monroe County. The Board took no official action.
Christine Russell addressed the Board.
PUBLIC HEARINGS
Item R1 A Public Hearing was held to consider approval of a resolution for a Budget
Amendment of Fiscal Year 2011 Local Housing Assistance Fund 153. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington
to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 133 -2011
Said Resolution is incorporated herein by reference.
Item R2 A Public Hearing was held to amend Resolution #448 -2010, the Planning &
Environmental Resources Department Fee Schedule to clarify that affordable housing project
development fee exemptions are not applicable to any variance application; to establish a
"Conditional Use, Minor/Major, Major Deviation" application fee of $3,500.00 to establish a
"Front Yard Setback Waiver, Planning Commission" application fee of $1,608.00; to establish a
"Tier Map Amendment other than IS /URM Platted Lot" application fee of $4,131.00 to establish
a "Tier Map Amendment- IS/URM Platted Lot Only" application fee of $1,600.00; to eliminate
the "Conditional Use, Revised Plan Review" application fee of $638.00 and the "Technology"
fee of $20.00; to require applicants to deposit a fee of $5,000.00 into an escrow account to cover
the cost of experts hired by the Growth Management Division to review transportation and other
related studies submitted by the applicant as part of the development review process; to require a
deposit for half of hearing officer costs in appeals; and to repeal any other fee scheduled
inconsistent herewith. Christine Hurley, Growth Management Director discussed the matter.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 134 -2011
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item P 1 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for March, 2011 dated April 5, 2011. Mr. Gastesi discussed
the status of the County's Health Insurance proposals which have been received. Mr. Gastesi
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announced that the next Triathlon is scheduled for December 3, 2011 which is also a part of the
County's wellness program.
COUNTY ATTORNEY
Item Q Bob Shillinger, Chief Assistant County Attorney reported to the Board on the
following matters: Collins, Galleon Bay and the Key Largo Ocean Resort.
Item Q3 Suzanne Hutton, County Attorney discussed for direction regarding pending state
legislation as well as the proposed vacation rental proposed legislation.
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
"tac4�c &AV41a) -
Isabel C. DeSantis, Deputy Clerk