04/18/2012 Regular2012/82
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 18, 2012
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent, Commissioner Kim Wigington and Mayor David P. Rice. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; 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 Employee of the Year Award for 2011 and Years of Service
Award for 20 years of service to Monroe County to Norman Haney, Mobile Mechanic, Fleet
Management, Public Works/Engineering Division.
Item B2 Presentation of Years of Service Award for 20 years of service to Maria Gonzalez,
Sr. Benefits Administrator, Employee Services.
Item B4 Presentation of Mayor's Proclamation declaring the month of April 2012 as "Fair
Housing Month" in Monroe County.
Item B5 Presentation of Mayor's Proclamation declaring the week of May 13 —19, 2012 as
"National Women's Health Week" in Monroe County.
Item B6 Presentation of Mayor's Proclamation proclaiming May 2012 as Civility Month in
Monroe County, Florida.
Item B7 Presentation of Certificate of Appreciation to the principal, teachers, and 14
students of Key West Montessori Charter School for beautifying the Key West Dog Park at
Higgs Beach Park. Through their volunteerism, the huts and benches were painted, the beach
cleaned and new chairs provided.
2012/83
Item B8 Presentation of Mayor's Proclamation declaring the month of May 2012 as
Motorcycle Safety Awareness Month in Monroe County.
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Item C1 Board granted approval and authorized execution of Amendment 002 to Contract
AA-1229 between the Alliance for Aging Inc. and Monroe County Social Services for the fiscal
year January 1— December 31, 2012.
Item C2 Board granted approval for Revised Supply List made part of the food service
contract between GA Food Service, Inc. and the Board of County Commissioners. The company
has added two nonfat dry milk products to the list that are used to accompany shelf stable
breakfast and emergency meals. The price for these milk items is the same as for the program's
other milk products.
Item C3 Board granted approval and authorized execution of Amendment 005 to the
Community Care for the Elderly (CCE) Contract KC-1171 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services).
Item C4 Board granted approval and authorized execution of Amendment 006 to the
Community Care for the Elderly (CCE) Contract KC-1171 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services).
Item C5 Board granted approval and authorized execution of Amendment 003 to the
Community Care for the Elderly (CCE) Contract KC-1172 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services) for the period of 3/1/12 to 6/30/12.
Item C6 Board granted approval and authorized execution of a Vendor Agreement between
Monroe County Social Services and Keys Energy Services for the Low Income Home Energy
Assistance Program (LIHEAP).
Item C7 Board granted approval and authorized execution of a Vendor Agreement
between Monroe County Social Services and Florida Keys Electric Cooperative for the Low
Income Home Energy Assistance Program (LIHEAP).
Item C8 Board granted approval of a verbal month to month lease between Fred R.
Cabanas of the Conch Republic Air Force and Monroe County for an undeveloped parcel of land
at the Florida Keys Marathon Airport.
2012/84
Item C9 Board granted approval and authorized execution of a Consulting Agreement with
Perez Engineering and Development Inc., for inspection services for noise insulation program
(NIP) phase 6 remediation work.
Item C10 Board ratified Purchase/Service Order #PSO FY 2012-3 with Feher
Environmental Consulting, Inc. for RSA Wetlands Mitigation Monitoring (Fiscal Year 2012),
including Attachments A and B.
Item C 11 Board granted approval to enter into an AT&T ILEC Intrastate Pricing Schedule
for analog private line service as shown in Case Number FLl 1 — 4516-01.
Item C 12 Board adopted the following Resolution authorizing agents of an Animal Control
Contractor to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to
issue citations for violations of the Monroe County Code including requiring appearance for
disposition in County Court.
RESOLUTION NO. 105-2012
Said Resolution is incorporated herein by reference.
Item C 14 Board granted approval to renew the existing Emergency Generator Maintenance
Contract with All Power Generators, Corp. for one additional year.
Item C15 Board granted approval to renew existing fuel contract with Dion Oil Company
for delivery of unleaded gasoline and diesel fuel for one additional year.
Item C 18 Board adopted the following various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue.
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 106-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 107-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 108-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 109-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 110-2012
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 111-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 112-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 113-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO.114-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 115-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO.116-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 117-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 118-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 119-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 120-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 121-2012
Said Resolution is incorporated herein by reference.
2012/86
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 122-2012
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 123-2012
Said Resolution is incorporated herein by reference.
Item C 19 Board granted approval to advertise a Public Hearing for a Budget Amendment
for Impact Fees Fire & EMS Fund 135.
Item C20 Board granted approval and authorized execution of Modification #6 to reinstate
and extend grand expiration of Memorandum of Agreement with the City of Miami concerning a
United States Department of Homeland Security's Office of Grants & Training (OG&T), through
the State of Florida Division of Emergency Management (DEM) sub -grant Agreement #
09DS-24-11-23- 02-011, no county funding required, in the amount of $336,998.00, and
authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Item C22 Board granted approval to advertise a request for proposals (RFP) for Asphalt
Pavement Evaluation and Management Services.
Item C24 Board granted approval and authorized execution of a Contract with Science
Applications International Corporation (SAIC) to advertise a Request for Proposals (RFP) for
Hurricane Debris Monitoring and Disaster Related Services.
Item C28 Board granted approval and authorized execution of Amendment 004 to the Home
Care for the Elderly (HCE) Contract KH-1172 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services).
Item C31 Board granted approval to (1) meet with the lowest bidder on the ADA
Compliance Segment #1 and Segment #2, in order to obtain a reduction in the date of substantial
completion from 365 days to a shorter completion date of March 13, 2013, in order to comply
with the grant restrictions; and (2) to meet with the second lowest bidder for Segment #1 and
Segment #2 if agreement with the lowest bidder is not reached; and (3) approval for an
emergency waiver of the Purchasing Policy under Sec 2-347 (k)(1)(d) of the purchasing policy so
that the grant opportunity is not lost.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Interlocal Agreement with
the City of Key West covering the Rest Beach Renourishment project in an amount not to exceed
$245,000, DAC I, FY 2012 Capital Resources.
2012/87
Item D2 Board granted approval and authorized execution of an Agreement with Florida
Keys Community College and the Letters "FKCC" covering the Tennessee Williams Backstage
repair and re -purposing project in an amount not to exceed $100,000, DAC I, FY 2012 Capital
Resources.
Item D3 Board granted approval and authorized execution of an Agreement with Key West
Players, Inc., covering the Electrical Upgrade project at the Waterfront Playhouse in an amount
not to exceed $45,000, DAC I, FY 2012 Capital Resources.
Item D4 Board granted approval and authorized execution of an Agreement with Upper
Keys Community Pool, Inc. covering the Competition Enhancements project in an amount not to
exceed $50,500, DAC V, FY 2012 Capital Resources.
Item D5 Board granted approval and authorized execution of an Agreement with The Key
West Harry S. Truman Foundation, Inc. covering the Roof Repairs and Historic Floor Covering
project in an amount not to exceed $42,878, DAC I, FY 2012 Capital Resources.
Item D6 Board granted approval and authorized execution of an Agreement with Key West
Botanical Garden Society, Inc. covering the Key West Botanical Security and Accessibility
Enhancements project in an amount not to exceed $22,700, DAC I, FY 2012 Capital Resources.
Item D7 Board granted approval and authorized execution of an Amendment to Agreement
with Hawk's Cay Resort to revise name of organization to BH/NV Hawk's Cay Property
Holdings, LLC, dba Hawk's Cay Resort; name of event from Conchtoberfest to Christmas in the
Keys Celebration, and date of event to November 3 — December 2, 2012.
DIVISION OF GROWTH MANAGEMENT
Item J1 Board adopted the following Resolution rescinding Resolution 411-2011
concerning NROGO square footage availability for Year 20 and approving all accumulated
NROGO in the Big Pine/No Name Key sub -area to be available for allocation in Year 20,
reaffirming the previous recommendation for the Lower/Upper Keys sub -area NROGO
square footage for Year 20.
RESOLUTION NO. 124-2012
Said Resolution is incorporated herein by reference.
Item J2 Board granted approval of Building Permit Refund fee in the amount of $66.00 to
BC Enterprises for Permit #10305533 issued on 9/17/2010.
Item J3 Board granted approval of Building Permit Refund fee in the amount of $180.80
to MB Electric for Permit # 12300729 issued 02/23/2012.
Item J4 Board granted approval and authorized execution of Third Amendment to legal
consulting services agreement with White & Smith, LLC for various Growth Management
2012/88
issues including: Evaluation and Appraisal Report Comprehensive Plan Amendments, Hurricane
Evacuation Modeling Memorandum of Understanding and Military Compatibility
Comprehensive Plan Amendments, increasing the compensation cap by $100,000 ($150,000 —
$250,000).
Item J5 Board granted approval of a request for the BOCC to authorize the County
Administrator or his designee to provide a letter of no objection, as an affected property owner of
RE No. 00084140.000000, in order to complete a road abandonment petition filed by Keys Lake
Villas, LLC for the abandonment of a platted, undeveloped right-of-way that is located in Section
1, Township 61 South, Range 39 East and Section 6, Township 61 South, Range 40 East, Key
Largo, Monroe County, Florida according to P.F. Jenkins Model Land Company plat (PB1-68).
Item J6 Board adopted the following resolution setting a public hearing for May 16, 2012,
3:00 p.m. at the Murray E. Nelson Government & Cultural Center, Key Largo to consider a
request filed by Keys Lake Villas, LLC for the abandonment of a platted, undeveloped
right-of-way that is located in Section 1, Township 61 South, Range 39 East and Section 6,
Township 61 South, Range 40 East, Key Largo, Monroe County, Florida according to P.F.
Jenkins Model Land Company plat (PB 1-68).
RESOLUTION NO. 125-2012
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Item 01 Board granted approval of FY 2012 recommendations of the Monroe
County Shared Asset Forfeiture Fund Advisory Board.
Item 02 Board granted approval of a request for expenditures from the Law Enforcement
Trust Fund, as follows:
$25,000.00 Take Stock in Children: to support "Scholarships, Mentors and
Hope" providing state -matching scholarships for low-income
families and support the leadership camp experience at the
Sheriff's Youth Ranch.
$ 500.00 Florida Missing Children's Day 2012: Statewide, law enforcement
sponsored event. To help raise statewide awareness in the
prevention of child adduction and sexual exploitation.
Item 03 Board granted approval and authorized execution of a Third Amendment to the
UASI FY 2007 Grant/Homeland Security Office of Domestic Preparedness, in order to extend
the expiration date.
2012/89
COMMISSIONERS' ITEMS
Item P2 Board approved Mayor Rice's item for the appointment of Commissioner
Heather Carruthers to serve on the Early Learning Coalition (ELC) Board of
Miami-Dade/Monroe counties, and authorized the Mayor to provide an appointment letter.
Item P3 Board approved Mayor Rice's item for the reappointment of Gregg Talbert to the
South Florida Workforce Investment Board to fulfill the Mayoral private sector appointment.
Item P5 Board approved Commissioner Carruthers' item to appoint Warren Leamard to
the Monroe County Affordable Housing Committee as replacement for Cecil Bain as the
nonprofit Mr. Bain was representing is no longer in existence.
COUNTY CLERK
Item Q2 Board granted official approval of the Board of County Commissioners minutes
from the Special Meeting held on February 13, 2012 and Regular Meeting held on February 15,
2012 (previously distributed).
Item Q3 Board granted approval of the following Warrants: (106763 - 106848 , 572719 -
573588) General Fund (001), in the amount of $1,492,697.80; Fine & Forfeiture Fund (101),
in the amount of $3,106,504.55; Road and Bridge Fund (102), in the amount of $81,519.60;
TDC District Two Penny (115), in the amount of $160,210.99; TDC Admin. & Promo 2 Cent
(116), in the amount of $635,397.27; TDC District 1,3 Cent (117), in the amount of
$828,487.55; TDC District 2,3 Cent (118), in the amount of $57,097.28; TDC District 3,3
Cent (119), in the amount of $94,896.96; TDC District 4,3 Cent (120), in the amount of
$94,542.89; TDC District 5,3 Cent (121), in the amount of $133,464.18; Gov. Fund Type
Grants (125), in the amount of $562,972.63; Fire & Amb District 1 L&M Keys (141), in the
amount of $84,166.22; Upper Keys Health Care (144), in the amount of $449.01; Uninc Svc
Dist Parks & Rec (147), in the amount of $67,469.37; Plan, Build, Zoning (148), in the amount
of $88,091.87; Municipal Policing (149), in the amount of $370,991.67; Duck Key Security
(152), in the amount of $3,712.00; Boating Improvement Fund (157), in the amount of
$95,447.83; Misc. Special Revenue Fund (158), in the amount of $30,459.78; Environmental
Restoration (160), in the amount of $1,389.95; Big Coppitt Wastewater MSTU (169), in the
amount of $72.00; Cudjoe-Sugarloaf MSTU, (172), in the amount of $232.63; Duck Key
MSTU (176), in the amount of $140.97; Building Fund, (180), in the amount of $16,761.60; 1
Cent Infra Surtax (304) in the amount of $106,867.56; Infr Sls Srtx Rev Bds2007 (308), in the
amount of $92,904.73; Big Coppitt Wastewater PR (310), in the amount of $1,000.00; Duck
Key Wastewater (311), in the amount of $670,417.51; Card Sound Bridge (401), in the
amount of $6,504.47; Marathon Airport (403), in the amount of $30,337.39; Key West Intl.
Airport (404), in the amount of $908,680.35; KW AIP Series 2006 Bonds (405), in the amount
of $127.32; MSD Solid Waste (414), in the amount of $1,199,243.04; Worker's Compensation
2012/90
(501), in the amount of $8,442.66; Group Insurance Fund (502), in the amount of
$1,745,670.22; Risk Management Fund (503), in the amount of $146,964.59; Fleet
Management Fund (504), in the amount of $84,613.52; Fire&EMS LOSAP Trust Fund
(610), in the amount of $2,055.00.
Item Q4 Board granted approval of Tourist Development Council Expenditures for the
month of March 2012: Advertising, in the amount of $1,270,733.62; Bricks & Mortar
Projects/Interlocal, in the amount of $350,137.80 Visitor Information Services, in the amount
of $75,524.33; Events, in the amount of $87,214.16; Office Supplies & Oper Costs, in the
amount of $5,998.84; Personal Services, in the amount of $43,102.88; Public Relations, in the
amount of $14,939.30; Sales & Marketing, in the amount of $123,049.01; Telephone &
Utilities, in the amount of $17,977.09; Travel, in the amount of $11,452.09.
Item Q5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item R2 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 AM to 11:30
AM for the Annual 4th of July Parade sponsored by The Reporter Newspaper.
RESOLUTION NO.126-2012
Said Resolution is incorporated herein by reference.
Item R3 Board granted approval and authorized execution of an Interlocal Agreement
Amendment No. 2 with the Village of Islamorada related to their joint participation with the
County under the State Energy Grant Agreement from the Florida Energy and Climate
Commission (Grant No. ARSO10). This amendment no. 2 modifies the termination date and final
report date under the Interlocal Agreement, at no cost to the County.
Item R4 Board granted approval of the Repeal of Amendment No. 2 with SDI Solar, Inc.
for the Solar Water heaters passed on March 21, 2012; and approval for the new Amendment No.
2. This action is necessary because the amendment passed in March 2012 contained a faulty
signature. The new Amendment No. 2 has the correct signature of the president. The amendment
is to provide a 30-day no -cost time extension for contract completion. This contract is for the
purchase and installation of solar water heaters under Grant No. ARSO10.
Item R5 Board granted approval of the appointment of Donna Bosold to the Historic
Preservation Committee in the position of Professional.
Item R6 Board granted approval of the appointment of Stephanie Scuderi to the Historic
Preservation Committee in the position of layperson.
Item R7 Board granted approval of the reappointment of Harry Appel to the Climate
Change Advisory Committee for a one year term.
2012/91
Item R8 Board granted approval of the reappointment of Arianna Nesbitt to the Health
Council of South Florida for a two year term in the category of Purchaser.
COUNTY ATTORNEY
Item S3 Board granted approval and authorized execution of a Second Amendment to
Lease Agreement extending the lease for office space for the County Attorney's Office for one
(1) year to expire August 31, 2013.
Item S4 Board granted approval to advertise a public hearing for an ordinance creating
Section 2-25(e) of the Monroe County Code, stating that individuals and business entities with
outstanding code compliance fines will not be eligible to receive grants and contracts until the
fines are resolved.
Item S5 Board granted approval of Corrective Quitclaim Deed, subject to acceptance by
the City of Marathon, transferring the filled and/or submerged land adjacent to Coco Plum
Beach/Park inadvertently left out of the legal description when Lots 23-32 were transferred to the
City of Marathon in 2001 and correcting the Book and Page number of the deed restriction by
the State of Florida.
Item S7 Board granted approval and authorized execution of an Agreement with the law
firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. to serve
as outside counsel in various claims involving the County before the Public Service Commission
and related matters, if necessary. It is necessary due to the timing of hearings for representation to
begin prior to the Board Meeting; therefore the contract is retroactive to April 2, 2012 and is
signed by the County Attorney subject to ratification by the Board of County Commissioners.
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 George Neugent, Commissioner Kim Wigington,
and Mayor David P. Rice. Absent was Mayor Norman Anderson, Councilman Clark Snow and
Councilwoman Katie Scott.
Item G2 Motion was made by Commissioner Wigington and seconded by Mayor Rice
approving the issuance of a Purchase Order to Physio-Control, Inc., the sole source provider of
the LIFEPAK family of products, in the amount of $25,135.65 to purchase a scheduled
replacement LifePak 15 cardiac monitor defibrillator unit and integral components, and approval
for the Fire Chief to sign the necessary documentation to complete the purchase transaction.
Motion carried unanimously.
2012/92
The Board of Governors discussed District 1 Taxing District Services. The
County Attorney's Office will research whether or not we need to have an Interlocal Agreement
with the City of Key West to cover more of the cost.
present.
The Board of County Commissioners meeting reconvened with all commissioners
MISCELLANEOUS BULK APPROVALS
Item C13 The Board discussed the closing of a portion of Dolphin Road and Porpoise
Boulevard, Porpoise Point, Sec. 3, PB 5, Page 117, Big Coppitt Key, to prohibit vehicular access.
Dent Pierce, Public Works Director and Suzanne Hutton, County Attorney discussed the matter.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of the item. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Rice
Yes
Motion carried.
Item C16 The Board discussed the award of bid and entering into contract with LANGAN
Engineering and Environmental Services for Groundwater and Surface Water Sampling and
Analysis from the Key Largo Landfill, Long Key Landfill and Cudjoe Landfill. Kevin G. Wilson,
P.E.- Division Director - Public Works & Engineering discussed the item. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting
approval of the item. Motion carried unanimously.
Item C17 The Board discussed a voluntary loan program with BMG Money, Inc., a
Delaware corporation that will be made available to employees. Teresa Aguiar, Employee
Services Director discussed the item. The following individual addressed the Board: Marion H.
Mathes, Chief Executive Officer, representing BMG Money. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Wigington to deny the item. Roll call
vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Rice
No
2012/93
Motion carried.
SOUNDING BOARD
Item N1 John Hammerstrom, made a presentation before the Board in regards to the
Hurricane Clearance Time Working Group. Christine Hurley, Growth Management Director
discussed the item. No official action was taken.
COMMISSIONERS' ITEMS
Item P1 The Board heard Mayor Rice's item concerning a presentation by Dr. David
Vaughn, Director of Mote Tropical Research Laboratory, Florida Keys, regarding the
development of Autonomous Underwater Vehicles (AUV's), as an early warning technology for
potential oil spills or dispersants around the Florida Keys to alert agencies of any potential
impact on coral reefs.
MONROE COUNTY SHERIFF'S DEPARTMENT
Item 04 The Board discussed a Memorandum of Agreement between Monroe County and
the Monroe County Sheriff's Office regarding the use of $156,720.49 from a FY 2010
UASI/Homeland Security Office of Domestic Preparedness grant with the City of Miami to
purchase equipment for the Sheriff's Office approved by the granting agency. Suzanne Hutton,
County Attorney and Mike Rice, Administrative Bureau Chief discussed the item. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval of the item. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item K2 The Board discussed the transmittal of an Ordinance to the Florida Fish and
Wildlife Conservation Commission (FWC), in association with the FWC Pilot Program on
anchoring and mooring, in partnership with the Cities of Marathon and Key West, to: 1)
designate managed anchoring zones at Sunset Cove, Boca Chica Basin, Cow Key Channel and
Key West Harbor within which requirement of a USCG Auxiliary Vessel Safety Check (VSC)
inspection and proof of vessel sewage pumpout are to be implemented, and 2) create no
anchoring buffer zones adjacent to the public mooring fields in Key West and Marathon (pending
cities of Key West and Marathon approval). Richard Jones, Senior Administrator - Marine
Resources provided a general overview of the item. The following individuals addressed the
Board: Phil Goodman, USCG Auxilary; Ron Demes, representing the Naval Air Station - Key
West; Todd German, Roger Bernstein, representing FEB Corp.; Bill Hunter, Jonathon Bickel,
George Garrett, representing the City of Marathon, Arnaud Girard, and Scott Saunders,
representing the Fury - Key West. A copy of an e-mail from Charmaine Smith Ladd was entered
into the official record. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent directing Staff to include the following direction in the
proposed ordinance: Provide a mechanism to remove the derelict vessel including a definition of
derelict vessel; Add to staff s objective, qualifiers for determining when a vessel is derelict
2012/94
including when a vessel is in a `pre -derelict' condition; Establish a ten (10) day proof of pump
out; Add a whereas clause that the BOCC encourages the FWC to fully implement an at -risk
program within the Managed Anchoring Zones; Request in writing from the Navy their
objections over the installation of mooring fields on Navy property. Motion carried
unanimously.
COUNTY ATTORNEY
Item S6 The Board discussed the next Request for Proposal on the Hickory House
property, including changes which would allow presentations to the selection committee.
Presentations would require changes to procedures for the County selection process and selection
committees. Natileene Cassel, Assistant County Attorney discussed the item. The following
individual addressed the Board: Todd German, representing Richard Buckhiem. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington approving the direction that the next Hickory House Request for Proposals include the
ability for the proposers to make presentations and for the Selection Committee to ask questions.
Motion carried unanimously.
EMPLOYEE SERVICES
Item H1 The Board discussed a proposal from Marsh USA for a Property Insurance
package through Lexington Insurance Company and Landmark American Insurance Company.
The following individuals addressed the Board: Lisa M. Shaw, CPCU, Senior Vice President
and Jonathan McAnally, Vice President - Marsh & McLennan Companies. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent to accept
the proposal. Roll call vote was unanimous.
CLOSED SESSION
Item I1 Suzanne Hutton, County Attorney read the required language into the record for
the following Closed Session which was held:
Board of County Commissioners in the matter of Monroe County and Roman
Gastesi, Jr. V. Stand Up For Animals, Inc., Case No. CA K 10-1050.
ENGINEERING
Item L1 Judith S. Clark, P.E. - Director of Engineering Services clarified the details of the
proposed funding scheme for Pigeon Key Ferry and provided an update on the participation of
other agencies and requested direction on proceeding with negotiating a reduced scope of
services with the ferry contractor to reduce the annual cost by $18,750. The reduced scope and
contract cost represents the Pigeon Key Foundation's 7.5% cost contribution. The Board
approved Staff to negotiate service/cost reductions with ferry service contractor and to prepare
funding agreements with FDOT and the City of Marathon.
2012/95
WASTEWATER ISSUES
The Mayor announced that Florida Governor Rick Scott approved Monroe County
receiving $50,000,000.00 - Stan Mayfield Working Waterfronts Florida Forever Grant, for
wastewater projects.
Item M8 Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington to rescind Amendment 1 to the Big Coppitt Florida Department of Environmental
Protection (FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602091
adopted on March 21, 2012 and execute the revised Amendment 1 to the Big Coppitt FDEP
Clean Water SRF Loan Agreement WW602091. Roll call vote was unanimous.
Item M1 The Board discussed direction for proceeding with the Cudjoe Regional
Wastewater System. Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering
provided an overview concerning the status of the wastewater items. Kirk Zuelch, Executive
Director of the Florida Keys Aqueduct Authority discussed the construction phases of the
wastewater projects. The following individuals addressed the Board: John November, and
Norman Anderson, representing ARCOM/Islamorada Water.
Item M2 The Board discussed advertising a Public Hearings for the adoption of an
Ordinance extending the Infrastructure Sales Tax beyond its current 31 December 2018
expiration date, scheduling a referendum as required by statute, and establishing the uses for the
revenue stream created. The hearings are to be held at regular BOCC meetings in Key Largo,
Marathon, and Key West on 16 May 2012, 20 June 2012, and 18 July 2012, respectively. Motion
was made by Commissioner Carruthers and seconded by Commissioner Neugent to approve the
advertisement of the Public Hearings. Kevin G. Wilson, P.E.- Division Director - Public Works
& Engineering; Roman Gastesi, County Administrator; and Suzanne Hutton, County Attorney
discussed the item. Roll call vote was unanimous.
Item M3 The Board discussed advertising a Public Hearing to amend Article VI, Chapter
22, Monroe County Code by extending the time periods for the levy of ad valorem tax in the Big
Pine Key and Summerland/Cudjoe--Sugarloaf MSTU's; reinstating No Name Key into the Big
Pine Key MSTU; and reinstating Lower Sugarloaf Key into the Summerland/Cudjoe--Sugarloaf
Key MSTU. Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering and
Suzanne Hutton, County Attorney discussed the item. The following individual addressed the
Board: Bill Hunter, representing the Sugarloaf Shores Property Owner's Association. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to approve the advertisement of the Public Hearing. Roll call vote was unanimous.
Item M4 The Board discussed approval for the County Administrator to execute the
attached substantial form of Amendment 2 with Government Services Group, Inc. for the
development and implementation of the Cudjoe Regional Central Tax Roll based on scope of
services direction from the Board of County Commissioners (BOCC). Kevin G. Wilson, P.E.-
Division Director - Public Works & Engineering indicated that the agenda item was slightly
modified to read: approval of a Second Amendment to the Contract for Consulting Services with
2012/96
Government Services Group, Inc. for the development and implementation of the Non -Ad
Valorem Assessment Programs for the Cudjoe Regional Central and Supplemental Big Coppitt
and Duck Key Programs based on contract scenario selected by the Board of County
Commissioners (BOCC). Danise "Dee Dee" Henriquez, Monroe County Tax Collector; Suzanne
Hutton, County Attorney and Roman Gastesi, County Administrator discussed the item. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to approve the item as modified with Option "C". Roll call vote was unanimous.
Mayor Rice excused himself from the meeting.
Item M5 Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of a Fourth Amendment to Interlocal
Agreement dated as of September 20, 2006, and amended April 16, 2008, August 3, 2009, and
September 16, 2009, between Monroe County and Florida Keys Aqueduct Authority, revising the
nomenclature for the second and third amendments, and providing for an additional $100,000
funding to be appropriated for the FKAA to undergo a competitive selection process in order to
get a fully executed construction contract in effect for the Cudjoe Regional Wastewater Project
by February 28, 2013. Motion carried unanimously, with Mayor Rice not present.
Mayor Rice returned to the meeting and took his seat.
Item M6 The Board discussed a Second Amendment to the Interlocal Agreement dated as
of September 6, 2005, and amended September 19, 2007, between Monroe County and Florida
Keys Aqueduct Authority, setting forth the County responsibility to secure funding and the
FKAA responsibility to construct and operate wastewater systems in the unincorporated County,
and changing the system development fee for the Cudjoe Regional Wastewater Project to $5,700.
The following individual addressed the Board: Bill Hunter, representing the Sugarloaf Shores
Property Owner's Association. Suzanne Hutton, County Attorney discussed the item. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval of the item. Roll call vote was unanimous.
Item M7 The Board discussed advertising a Public Hearing to adopt a resolution adopting
the Cudjoe Regional Central Wastewater System Facilities Plan. Kevin G. Wilson, P.E.- Division
Director - Public Works & Engineering discussed the item. After discussion, motion was made
by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the
item. Roll call vote was unanimous.
TOURIST DEVELOPMENT COUNCIL
Item D8 The Board discussed an Amendment to Agreement with Florida Keys Land and
Sea Trust, Inc. to extend termination date to December 31, 2012 and revise Exhibit A. The
following individuals addressed the Board: John Henderson, representing the Florida Keys Land
& Sea Trust; Deb Curlee, representing Last Stand; Ron Miller, representing the Upper Keys
Citizen's Association. Lynda Stuart, Office Manager - Tourist Development Council discussed
2012/97
the item. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent to approve the item. Roll call vote was taken with the following results:
Motion carried.
Commissioner Carruthers
Yes
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Wigington
No
Mayor Rice
Yes
PUBLIC HEARINGS
Item T1 A Public Hearing was held to consider an Ordinance repealing Section 13-1; Fire
Prevention Code; Providing for Severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances;
and Providing an effective date. The was no public input. Christine Hurley, Growth
Management Director discussed the item. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 007-2012
Said Ordinance is incorporated herein by reference.
Item T2 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Chapter 122, Floodplain Regulations, clarifying and deleting certain provisions; Creating
Section 122-7 Floodplain Certificate of Compliance Program; Providing for severability;
Providing for conflicting provisions; Providing for transmittal to the State Land Planning Agency
and the Secretary of State; Providing for codification; Providing for an effective date. Motion
was made by Commissioner Wigington and seconded by Commissioner Murphy to continue the
hearing to the Board's meeting on May 12, 2012 in Key Largo at 3:00 P.M. Motion carried
unanimously.
Item T3 A Public Hearing was held to consider an Ordinance amending Chapter 6 of the
Monroe County Code by eliminating Section 6-107, Unlawful Use and Improvements;
Eliminating inspection when a building permit is requested as required by Chapter 2011-82,
Laws of Florida; Providing for severability; Providing for repeal of inconsistent provisions;
Providing for transmittal to the Secretary of State; Providing for an effective date; Providing for
codification. The was no public input. Christine Hurley, Growth Management Director discussed
the item. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 008-2012
Said Ordinance is incorporated herein by reference.
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Item T4 A Public Hearing was held to consider a Resolution by the BOCC amending
Resolution No 134-2011, the Planning & Environmental Resources Department Fee Schedule; to
generalize the title of the fee for applications for extensions of time authorized by State
Legislation; to exempt map amendment fees for property owners who apply to amend their
properties' Land Use District and/or Future Land Use Map designations to designations that
would eliminate non -conformities that were created when the properties were rezoned by the
County in 1992 and/or provided a Future Land Use Map Designation in 1997 under certain
conditions; Providing for a fee for a Letter of Understanding for Map Amendment fee waivers;
and to repeal any other fee schedules inconsistent herewith. There was no public input. Motion
was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO.127-2012
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item R9 The Board discussed, for clarification purposes, the Human Services Advisory
Board discussion that occurred at the March 21, 2012 regular BOCC meeting. Roman Gastesi,
County Administrator; Suzanne Hutton, County Attorney; and Lisa Tennyson, Grants
Administrator discussed the matter. The following individuals addressed the Board: John
Morrill, Elmira Leto, and Robert Johnson, member of the HSAB Board. After discussion, Staff
was directed to provide the Board with a written report which contains line item amounts, the
total amount of the HSAB, audited financial statements, other revenue streams, and funding
sources.
Mayor Rice excused himself from the meeting.
MISCELLANEOUS BULK ITEMS
Item C21 The Board discussed a Consulting Agreement with FTI Consultants to provide
expert consultation and technical advise in the areas of construction scheduling and delay claims
and issues, related research, documents, drawings, and related information in order to provide
expert opinion, and, if, necessary, expert testimony if requested, by COUNTY in the litigation of
The Morganti Group, Inc., vs. Monroe County, Case No. 11-CA-892-K. Suzanne Hutton,
County Attorney read into the record changed language for paragraph 1. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting
approval of the item as amended. Motion carried unanimously, with Mayor Rice not present.
Item C23 The Board discussed a Task Order with EAC Consulting, Inc. for design
and permitting services for the CR 905 bike lane project from MM 106 in Key Largo to Ocean
Reef. The task order is being awarded under the On Call Professional Engineering Services
contract with EAC Consulting, Inc. CR 905 design item. Motion was made by Commissioner
Neugent and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously, with Mayor Rice not present.
2012/99
Item C25 The Board discussed a Contract with Currie, Sowards, Aguila Architects, (CSA)
for the design through construction administration of approximately 3,300 s.f. of offices on the
ground level of the Freeman Justice Center for use by the Drug Court. Kevin G. Wilson, P.E.-
Division Director - Public Works & Engineering discussed the item. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Neugent granting
approval of the item. Motion carried unanimously, with Mayor Rice not present.
Item C26 The Board discussed the award of a Contract to the second lowest proposer, Turk
Construction, Inc., for the construction of the M.E.N. Dressing Rooms, and to reject the proposal
from the lowest proposer who submitted an incomplete proposal. The difference in the two bids
was $1,626.00. Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering
discussed the item. After discussion, motion was made by Commissioner Neugent and seconded
by Commissioner Carruthers granting approval of the item. Motion carried unanimously, with
Mayor Rice not present.
Mayor Rice returned to the meeting and took his seat.
Judith S. Clark, P.E. - Director of Engineering Services discussed the items. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval of the following three (3) items:
Item C27 Monthly report on change orders reviewed by the County Administrator's Office.
Item C29 Amendment #2 to the Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for the No Name Key Bridge Repair Project to reduce
funding for design and permitting services by $202,686 to $252,314. Funding is split 75% FDOT
and 25% local (County) funds.
Item C30 Amendment 2 to the Joint Participation Agreement (JPA) with Florida
Department of Transportation (FDOT) for the Tom's Harbor Channel Bridge Project to increase
the total amount of the JPA by $569,145 to $2,139,925. Funding is split 75% FDOT and 25%
Local (County) Funds.
Motion carried unanimously.
STAFF REPORTS
Item E5 Project Management - Kevin G. Wilson, P.E.- Division Director - Public Works
& Engineering discussed a request from Islamorada to transfer a piece of county -owned property
located on Barcelona and U.S. 1 to use as part of their wastewater treatment system in exchange
for paying off EDU assessments in Islamorada. Motion was made by Commissioner Wigington
and seconded by Commissioner Neugent authorizing Staff to prepare the proposal for approval.
Motion carried unanimously.
Item E6 Growth Management - Christine Hurley, Director requested the Board hold a
Special Meeting on May 22, 2012 at 10:00 A.M. in Key West at the Harvey Government Center.
+ 2012/100
JREVISM
The agenda items to be heard will be the adoption of the Evaluation and Appraisal Report; the
Military Compatibility Comprehensive Plan Text Amendment and the withdrawal of the 1977
ACUIZ from the Land Development Code. Motion was made by Commissioner Wigington and
seconded by Commissioner Neugent to hold the special meeting. Motion carried unanimously.
EMPLOYEE SERVICES
Item H2 Teresa Aguiar, Employee Services Director discussed for direction to Staff the
need to issue a Request for Proposal to conduct a Job Classification & Compensation Study.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to deny hiring a consultant to conduct the study. Roll call vote was unanimous.
GROWTH MANAGEMENT
Item K1 Christine Hurley, Growth Management Director briefly discussed the item.
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to table
the discussion of the FEMA Pilot extension letter dated December 29, 2011 and Monroe County
staff s response letter dated January 25, 2012. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item R1 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for March, 2012, dated April 3, 2012. The Board requested
that the written report include additional statistical information. Mr. Gastesi then discussed a
draft of the Monroe County Administrative Instruction 5700 concerning cellular devices &
computer equipment - ordering, delivery and assignment.
COUNTY ATTORNEY
Item S8 The Board discussed a Settlement Agreement in the matter of Monroe County
Code Compliance v. Donald and Diana Brady, CE1-0110094. Lisa Grainger, Assistant County
Attorney and Christine Hurley, Growth Management Director discussed the item. Motion was
made by Mayor Rice and seconded by Commissioner Neugent approving the item. Motion
carried unanimously.
Item S9 Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent approving the joining of the lawsuit with the other counties to challenge enactment of
legislation that removes from the state process of billing counties for their share of Medicaid
costs for residents in hospitals and nursing homes any ability for the County to meaningfully
require proof of residency or to challenge the billings, and requires back payment for challenged
bills for 10 years.. Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
2012/101
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
S),, 1 ie W
titd
Isabel C. D eSantis, Deputy Clerk