05/16/2012 Regular 2012/102
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 16, 2012
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Murray E. Nelson Government & Cultural 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; Bob Shillinger, Chief Assistant County Attorney; Danny L. Kolhage,
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
Carruthers 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 20 years of service to Monroe County
to James Bates, Weighmaster, Solid Waste Management, Public Works & Engineering Division.
Item B2 Presentation of Years of Service Award for 20 years of service to Monroe County
to Mark Payakovich, Lead Mechanic, Fleet Management, Public Works & Engineering Division.
Item B3 Presentation of Years of Service Award for 10 years of service to Monroe County
to Ann Richards, Toll Collector, Card Sound Toll Authority, Public Works & Engineering
Division.
Item B4 Presentation of Mayor's Proclamation declaring the week of May 20 — 26, 2012 as
"Emergency Medical Services Week" in Monroe County.
Item B5 Presentation of Mayor's Proclamation declaring the month of May 2012 as
"National Drug Court Month ".
BULK APPROVALS
Motion was made by Mayor Rice and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
2012/103
Item Cl Board granted approval and authorized execution of a Cleaning Contract Renewal
Agreement with Jayne's Cleaning Service, Inc.
Item C2 Board granted approval to pay $336, 165 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy which includes fifty -two (52) county
owned locations.
Item C3 Board granted approval to waive the Request for Proposals for Workers'
Compensation Third Party Administrator and approval of three year contract renewal with
Employee Mutual, Inc. to provide Third Party Claims Administration for the Monroe County's
Workers' Compensation Program.
Item C4 Board granted approval for the County Administrator or his designee to accept
via e-mail a change order request presented by AT &T to include a second equipment rack
enclosure at the Miami Internet Data Center on contract 20101005JK40787.
Item C5 Board ratified Modification #001 to Weatherization Assistance Low Income
Home Energy Assistance Program, Sub -grant Agreement (WAP- LIHEAP), Contract #
12LH- 9Z- 11 -54 -01 -039 between Monroe County Board of County Commissioners (Community
Services /Social Services) and the State of Florida, Department of Economic Opportunity.
Item C6 Board granted approval and authorized execution of Amendment 005 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 C7 Board granted approval and authorized execution of Amendment 003 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 C8 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) with the City of Key West to donate to the City of Key West Fire Department SCBA
`Scott' surplus equipment not utilized by Monroe County Fire Rescue.
Item C9 Board granted approval to spend District 1, District 2, District 3 and District 4
Fire & Ambulance Impact Fees to install 8 fire hydrants at strategic locations in the areas of
unincorporated Monroe County and issue a Purchase Order to J .A. LaRocco Enterprises, Inc. for
the same.
Item C10 Board granted approval and authorized execution of a Tower Use Agreement
between Monroe County Board of County Commissioners and the State of Florida Department of
Transportation to obtain permission to enter the Tower Site premises for the purpose of using it
for the improvements to its communications system equipment and operations, to eliminate
power usage stipulation under cost responsibility. No county funding is required.
2012/104
Item C11 Board granted approval and authorized execution of a Broadcast Service
Agreement NWR -SR -FL -004 between the National Oceanic Atmospheric Administration,
National Weather Service, U.S. Department of Commerce and Monroe County, Florida Board of
County Commissioners to participate in the joint support of a NOAA Weather Radio (NWR)
network transmission Tea Table Tower site for broadcast services which include dissemination
of critical storm warnings, meteorological information, and alerts to the public. No county
funding is required.
Item C12 Board granted approval and authorized execution of first option to renew with U.
S. Water Services Corporation for the operation and maintenance of wastewater treatment plant
for the Roth Building, Monroe County.
Item C13 Board granted approval and authorized execution to enter into a one - year's
Residential Lease Agreement commencing June 1, 2012, with a County Employee for Location
E.
Item C14 Board granted approval and authorized execution to enter into a one - year's
Residential Lease Agreement commencing June 1, 2012, with a County Employee for Location
F.
Item C15 Board granted approval and authorized execution of a Contract for Professional
Services with William P. Horn Architect, P.A. for the Lester Building Roof replacement.
Item C16 Board granted approval to award bid and authorized execution of a Contract to
Keys Contracting, Inc. for on -site sewer connections at Harry Harris Park, Tavernier Fire Station
and Old Tavernier School in the amount of $44,300.
Item C18 Board granted approval for a month to month agreement until a formal
agreement can be drafted for Paradise Porters to provide skycap and luggage handling services at
the Key West International Airport.
Item C19 Board ratified the General Consulting Services Master Agreement with The LPA
Group Incorporated, for professional services at Key West International Airport and The Florida
Keys Marathon Airport.
Item C20 Board granted approval to waive purchasing policies and procedures for
emergency repair of the commercial airline parking apron.
Item C21 Board granted approval to execute the updated Exhibit A to Traffic Signal
Maintenance and Compensation Agreement A -PP06 with Florida Department of Transportation
(FDOT) to reflect compensation amount for 7/1/2012 to 6/30/2013 term.
Item C22 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) with the City of Marathon to provide 7.5% of the contract amount or $18,750, whichever
is less, to fund the Pigeon Key Ferry for the annual term commencing on July 1, 2012.
2012/105
Item C23 Board granted approval and authorized execution of a Task Order with T.Y. Lin
InternationaVHJ Ross, for professional design services for the repair of the existing launch ramp
on Blimp Road in Cudjoe Key.
Item C24 Board granted approval and authorized execution of a Contract with Bender &
Associates Architects, P.A. for the Design through Construction Administration of the Roof
Repairs at the East Martello Tower.
Item C26 Board granted approval to reject all proposals for the construction of the new
restroom and shower facility at the Joe London Fire Training Facility, aka Crawl Key Fire
Training, and approved the advertising of a new Request for Proposals (RFP).
Item C28 Board granted approval and authorized execution of a Contract with Mailloux &
Sons for the Lower Keys ADA Compliance Segment #2.
Item C29 Board granted approval and authorized execution of a Second Amendment to
Contract with William P. Horn Architect, P.A. for the Planning, design, contract documents, and
project administration for the Conch Key Fire Station Renovation and Addition.
Item C30 Board granted approval of the receipt of monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C32 Board adopted the following resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 128 -2012
Said Resolution is incorporated herein by reference.
Amending Resolution No. 358 -2011 (OMB Schedule Item No. 2).
RESOLUTION NO. 129 -2012
Said Resolution is incorporated herein by reference.
Amending Resolution No. 118 -2012 (OMB Schedule Item No. 3).
RESOLUTION NO. 130 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 131 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 132 -2012
Said Resolution is incorporated herein by reference.
2012/106
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 133 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 134 -2012
Said Resolution is incorporated herein by reference.
Amending Resolution No. 098 -2012 (OMB Schedule Item No. 8).
RESOLUTION NO. 135 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 136 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 137 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 138 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 139 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 140 -2012
Said Resolution is incorporated herein by reference.
Item C33 Board granted approval to submit an application to the U.S. Department of Justice
for FY 12 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation award
for $12,447 on behalf of the Monroe County Drug Court and for County Administrator to
execute required documents and contract when/if awarded.
Item C35 Board granted approval and authorized execution of a Second Renewal
Agreement to the existing contract with Keys Security Inc. for an amount not to exceed $60,000
per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security
District.
Item C37 Board granted approval by resolution to enter into a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) for FDOT to provide $125,000 to
2012/107
fund the temporary ferry service from the City of Marathon to Pigeon Key for the annual term
commencing on July 1, 2012.
RESOLUTION NO. 141 -2012
Said Resolution is incorporated herein by reference.
Item C38 Board granted approval to negotiate a contract for Hurricane Debris and Disaster
Response and Recovery Services with DRC Emergency Services LLC, who was the highest
ranked respondent to the Request for Proposals (RFP) and approved negotiation with the next
highest ranked respondent if successful negotiations with the highest ranked respondent cannot
be reached.
Item C39 Board granted approval of a Change Order with Pedro Falcon Electrical
Contractors, Inc. for the Renovation and Addition of the Conch Key Fire Station.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval to rescind agreement with the Don Hawley Foundation,
Inc. covering the Don Hawley Tarpon Tournament in June, 2012.
Item D2 Board granted approval and authorized execution of an Assignment of Agreement
between Charlotte Ambrogio and Saltwater Fishing Connection, LLC covering the Islamorada
All Tackle Bonefish World Championship in October, 2012 in an amount not to exceed $1,000,
FY 2012 Two Penny Fishing Umbrella Funding.
Item D3 Board granted approval and authorized execution of an Assignment of Agreement
between Tournament Consultants, Inc. and Saltwater Fishing Connection, LLC covering the Jim
Bokor Islamorada All- Tackle Spring Bonefish Tournament in April, 2012 in an amount not to
exceed $1,000, FY 2012 Two Penny Fishing Umbrella Funding.
Item D4 Board granted approval and authorized execution of an Assignment of Agreement
between Tournament Consultants, Inc. and Loren Rea covering the Del Brown Permit
Tournament in July, 2012 in an amount not to exceed $2,500, FY 2012 Two Penny Fishing
Umbrella Funding.
Item D5 Board granted approval and authorized execution of an Assignment of Agreement
between Charlotte Ambrogio and Rick Orcutt covering the Islamorada Fall Fly Bonefish
Tournament in September, 2012 in an amount not to exceed $1,000, FY 2012 Two Penny
Fishing Umbrella Funding.
Item D6 Board granted approval and authorized execution of an Assignment of Agreement
between Tournament Consultants, Inc. and Michael Criscola covering the Backcountry Fly
Championship in February, 2012 in an amount not to exceed $1,000, FY 2012 Two Penny
Fishing Umbrella Funding.
2012/108
GROWTH MANAGEMENT
Item H2 Board granted approval and authorized execution of a new Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) to provide $131,250 in
funding assistance to Monroe County to implement the County's Transportation Planning
Program, including a transportation planning consultant and planning staff assistance.
Item H7 Board granted approval of a request by the Pigeon Key Preservation Foundation,
Inc. to construct a solar array /pavilion with approval of the BOCC in accordance with Paragraph
7 of the lease with Monroe County, dated October 19, 1993, which pavilion was granted a
Certificate of Appropriateness by the Historic Preservation Commission on April 2, 2012.
COUNTY CLERK
Item N2 Board granted approval of the Board of County Commissioners minutes from the
March 19, 2012 Special Meeting and the March 21, 2012 Regular Meeting (previously
distributed).
Item N3 Board granted approval of the following Warrants: (106849 - 106898 , 573589 -
574494) General Fund (001), in the amount of $3,367,861.51; Fine & Forfeiture Fund (101),
in the amount of $88,353.63; Road and Bridge Fund (102), in the amount of $118,347.77;
TDC District Two Penny (115), in the amount of $323,867.32; TDC Admin. & Promo 2 Cent
(116), in the amount of $685,853.80; TDC District 1,3 Cent (117), in the amount of
$901,051.47; TDC District 2,3 Cent (118), in the amount of $42,152.36; TDC District 3,3
Cent (119), in the amount of $156,839.45; TDC District 4,3 Cent (120), in the amount of
$151,182.74; TDC District 5,3 Cent (121), in the amount of $94,932.22; Gov. Fund Type
Grants (125), in the amount of $462,156.12; Impact Fees Parks & Rec (131), in the amount of
$23,795.00; Fire & Amb District 1 L &M Keys (141), in the amount of $140,646.89; Upper
Keys Health Care (144), in the amount of $1,028.70; Uninc Svc Dist Parks & Rec (147), in the
amount of $62,610.96; Plan, Build, Zoning (148), in the amount of $57,679.17; Municipal
Policing (149), in the amount of $121,532.85; Duck Key Security (152), in the amount of
$3,968.00; Boating Improvement Fund (157), in the amount of $19,883.14; Misc. Special
Revenue Fund (158), in the amount of $12,009.76; Environmental Restoration (160), in the
amount of $2,451.42; Law Enforcement Trust (162), in the amount of $25,500.00; Stock
Island Wastewater (171) in the amount of $4.19; Cudjoe - Sugarloaf MSTU, (172), in the
amount of $65.50; Building Fund, (180), in the amount of $5,571.10; 1 Cent Infra Surtax
(304) in the amount of $61,109.95; Infr Sls Srtx Rev Bds2007 (308), in the amount of
$44,613.37; Duck Key Wastewater (311), in the amount of $91,112.24; Card Sound Bridge
(401), in the amount of $5,192.74; Marathon Airport (403), in the amount of $10,962.12; Key
West Intl. Airport (404), in the amount of $345,571.50; KW AIP Series 2006 Bonds (405), in
the amount of $2,865.59; MSD Solid Waste (414), in the amount of $1,263,453.07; Worker's
Compensation (501), in the amount of $15,383.97; Group Insurance Fund (502), in the
amount of $926,066.95; Risk Management Fund (503), in the amount of $46,875.07; Fleet
Management Fund (504), in the amount of $104,151.25; Fire &EMS LOSAP Trust Fund
(610), in the amount of $2,055.00.
2012/109
Item N4 Board granted approval of Tourist Development Council Expenditures for the
month of April 2012: Advertising, in the amount of $1,931,080.56; Bricks & Mortar
Projects/Interlocal, in the amount of $23,895.54; Visitor Information Services, in the amount
of $59,921.00; Events, in the amount of $113,718.67; Office Supplies & Oper Costs, in the
amount of $11,269.54; Public Relations, in the amount of $113,319.79; Sales & Marketing, in
the amount of $67,992.83; Telephone & Utilities, in the amount of $16,206.42; Travel, in the
amount of $27,502.34.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item 02 Board granted approval of and authorized execution of Interlocal Agreement
Amendment No. 2 with the City of Marathon related to their joint participation with the County
under the State Energy Grant Agreement from the Florida Energy and Climate Commission
(Grant No. ARS010). This amendment no. 2 modifies the termination date and final report date
under the Interlocal Agreement, at no cost to the County.
Item 03 Board granted approval of and authorized execution of Interlocal Agreement
Amendment No. 2 with the City of Key West related to their joint participation with the County
under the State Energy Grant Agreement from the Florida Energy and Climate Commission
(Grant No. ARS010). This amendment no. 2 modifies the termination date and final report date
under the Interlocal Agreement, at no cost to the County.
Item 06 Board granted approval of a Purchasing Authorization Form allowing purchases
with no bid required up to $49,999.99.
COUNTY ATTORNEY
Item P2 Board adopted the following resolution directing the Supervisor of Elections to
place a non - binding referendum question on the November 6, 2012 General Election Ballot
concerning changing the FKAA Board of Directors from gubernatorial appointments to elected
positions and providing direction to the Clerk if approved at the referendum election.
RESOLUTION NO. 142 -2012
Said Resolution is incorporated herein by reference.
Item P3 Board granted approval to increase the funding amount for Professional Services
with CARR, RIGGS, & INGRAM, LLC in connection with Monroe County and Roman Gastesi
vs. Stand Up for Animals, Inc., (Circuit Court Case No. CAK -10- 1050).
Item P4 Board granted approval and authorized execution of a Third Amendment to the
contract with Hogan Lovells, LLP to add additional time keepers, effective May 1, 2012.
2012/110
Item P8 Board granted approval to invoke the provisions of the Monroe County False
Claims Ordinance, M.C.C. sec. 2 -725, as an additional count in the County's counterclaim in the
matter of The Morganti Group Inc. v. Monroe County, 2011CA892K.
Motion carried unanimously.
STAFF REPORTS
Item E6 Growth Management - Christine Hurley, Director discussed the Military Land Use
Compatibility Policies for the Comprehensive Plan Study, Environmental Impact Study (EIS),
U. S. Training Navy Impact Study (OEIS) and to invoke the firm Keith & Schnars to begin work
on the Navy EIS with a contract to be brought back before the Board for consideration. Ms.
Hurley also discussed Pigeon Key's historical status with respect to improvements on the
property - required to come before the Historic Preservation Commission/Monroe County
Commission for approvals.
MISCELLANEOUS BULK APPROVALS
Item C17 The Board discussed a contract with Pedro Falcon Electrical Contractors, Inc., for
the Key West International Airport Customs Terminal Security Enhancement — Phase 1. Roman
Gastesi, County Administrator discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the
item. Motion carried unanimously.
Item C25 The Board discussed a contract with Currie Sowards Aguila Architects (CSA) for
the design through construction administration of the lobby expansion at the main entrance of the
Freeman Justice Center. Kevin G. Wilson, P.E.- Division Director - Public Works &
Engineering discussed the matter. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner Carruthers granting approval of the item. Motion carried
unanimously.
Item C27 The Board discussed a First Amendment to the Contract with the Sugarloaf Key
Volunteer Fire Department, Inc. for repairs to the Fire Station located on Sugarloaf Key. Jim
Callahan, Monroe County Fire Chief discussed the matter. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously.
Item C31 The Board discussed advertising public hearings for the adoption of the
Cudjoe Regional Central Service Area Initial Assessment Resolution (IAR) on June 20, 2012 and
the Final Assessment Resolution (FAR) on July 18, 2012. Kevin G. Wilson, P.E.- Division
Director - Public Works & Engineering discussed the matter. Motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington granting approval to
advertise the public hearings. Motion carried unanimously.
Mayor Rice declared a conflict of interest for the following two (2) items:
aV` ° "'' 2012/111
Item C34 The Board discussed correction of an executed Memorandum of Understanding
for the Guidance Care Center Jail In -House program, for the period from October 1, 2011
through September 30, 2012, due to scrivener's error. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously, with Mayor Rice abstaining.
Item C36 The Board discussed the submission of a grant adjustment to update the
performance objectives and measures to the RSAT subgrant, and to clear special conditions, and
approval to amend the MOU with the provider to include revised content for RSAT subgrant, and
authorization to execute revised RSAT subgrant contract with FDLE. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Carruthers granting
approval of the item. Motion carried unanimously, with Mayor Rice abstaining.
GROWTH MANAGEMENT
Item I1 The Board discussed for approval and direction to transmit 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,
Key West Harbor and Boot Key Harbor within which requirement of proof of vessel pumpout
and prohibition of pre - derelict vessel conditions are to be implemented, and 2) create
no- anchoring buffer zones adjacent to the mooring fields in Key West and Marathon. Richard
Jones, Senior Administrator - Marine Resources and Christine Hurley, Growth Management
Director provided a general overview of the item. The following individuals addressed the
Board: Ron Demes, representing the Naval Air Station - Key West; Roger Bernstein,
representing FEB Corp.; and Naja Girard. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Neugent to transmit to the FWC Bing
Ordinance, with the exclusion of US Navy Bay Bottom and Accident Potential Zones. Roll call
vote was unanimous.
Said Ordinancc is incorporatcd hcrcin by rcfcrcncc.
SOUNDING BOARD
Item JI Ron Miller, representing the Island of Keys Largo Federation of Chambers, Inc.,
addressed the Board of County Commissioners in regard to Key Largo Bayside Shared Path/
Corridor Enhancement Plan. Robby Majeska and Jim Saunders also addressed the Board. Judith
S. Clark, P.E. - Director of Engineering Services addressed the topic of utility poles. No official
action was taken.
SHERIFF'S DEPARTMENT
Item K1 Captain Gene Thompson representing the Sheriff's Department - Cudjoe Key
2012/112
Substation, District 1 addressed the Board concerning the upcoming Bone Island Triathlon -
January 13, 2013. No official action was taken.
GROWTH MANAGEMENT
Item H1 The Board discussed a resolution amending the Building Department Fee
Schedule to: add a fee for administrative appeal of decisions of the building official, to add a
research fee, to generalize the title of the fee for applications for extensions of time authorized by
state legislation (unless prohibited by state legislation), and to clarify that permits for work
commencing before permits are issued are subject to a one - hundred percent (100 %) penalty,
deleting postcards permits. Christine Hurley, Growth Management Director and Bob Shillinger,
Chief Assistant County Attorney discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following
Resolution, as revised: that an aministrative appeal from decisions of the building official - at
the end of the appeals process, if the citizen prevails, they will be given a refund of the appeal fee
only, if a partial win, it must come before the commission. Motion carried unanimously.
RESOLUTION NO. 143 -2012
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
Item H3 Motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers granting approval of the selection of Boating Improvement Funds (BIF) funding
requests submitted by the various municipalities totaling $95,692; and directing Staff to draft
Interlocal Agreements with the Village of Islamorada ($30,000 for buoy maintenance), Marathon
($15,000 for buoy maintenance and $15,992 for pumpout boat maintenance) and Key West
($34,700 for mooring field materials) providing for reimbursement for boating and waterways
related projects to be performed in FY' 13. Motion carried unanimously.
The Board discussed the following two (2) items:
Item H4 Resolution for an extension of reservation of sixteen (16) affordable dwelling unit
ROGO allocation awards for Caya Place LLC on Big Pine Key on the eastern parcel (RE
00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine) until
October 28, 2012.
Item H5 Resolution to reserve 0.1392 HIMPACT with 0.261 `HMITIGATION' for Caya
Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at
30641 US Highway 1 (aka Skeeter's Marine) until October 28, 2012.
Christine Hurley, Growth Management Director and Michael Roberts, Sr.
Administrator, Environmental Resources discussed the above items. The following individuals
addressed the Board: Tom Fletcher, Richard Beal, Cassandra Baker, Sheri Fletcher, and
Nicholas W. Mulick, representing Tom Fletcher. After discussion, motion was made by
2012/113
Commissioner Murphy and seconded by Commissioner Neugent to approve the items. Roll call
vote was taken with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice No
Motion failed.
Item H6 The Board discussed waiving building permit fees in the amount of approximately
$30,000 for 16 affordable housing units at 30663 Overseas Highway on Big Pine Key
(RE #00111078- 000000) by Caya Place LLC, requested by Richard Beal, President/Land Owner.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to approve the item with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice No
Motion failed.
BUDGET & FINANCE
Item G1 The Board discussed Monroe County's portion of the statutory local match
requirement for Substance Abuse Mental Health services (FS 394.76) in the amount of $312,527
for the DCF- contracted provider of these services, Guidance Care Center. The following
individuals addressed the Board: Lynn Mapes, representing the Guidance Care Center; Annalise
Mannix, Paul Armstrong, representing the Department of Juvenile Justice; Jonathan Love,
representing the ORP Program - KW Care Center; Elmira Leto, representing Samuel's House;
Cynthia Ypsilarti, A. B. Maloy, Jimmy Anderson, Phil Harris and Maureen Kempa, all
representing the Guidance Care Center; Cindy McKnight, Jody Gross, representing the Visiting
Nurse's Association & Hospice of the Florida Keys; and Kim Sovia- Grandon, representing the
Good Health Clinic. Tina Boan, Budget & Finance Director; Roman Gastesi, County
Administrator and Lisa Tennyson, Grants Administrator discussed the item. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to
increase the Human Service Advisory Board's budget by $140,000.00 to $1,752,600.00 for
Fiscal Year 2012 -2013 with no guarantees of what will happen to Guidance Center funding in
future years until issues concerning required local match are resolved. Roll call vote was
unanimous.
2012/114
COMMISSIONERS' ITEMS
Item M5 The Board discussed Commissioner Murphy's item to temporarily close
the end of Bayview Drive, Point Pleasant Subdivision, Plat Book 2, Page 23, Key Largo to
prohibit loitering and neighborhood disturbances. The following individuals addressed the
Board: Brenda Altmeyer, and Chief Lou Caputo, representing the Monroe County Sheriff's
Office. Christine Hurley, Growth Management Director discussed the use of Boating
Improvement Funds. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers granting approval of the item. Motion carried
unanimously.
MONROE COUNTY HOUSING AUTHORITY
Item L1 Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent to adopt the following resolution authorizing the Monroe County State Housing
Initiatives Partnership (Ship) Program Administrator to execute Ship Mortgage Subordination
documents under certain conditions for the purpose of allowing program participants to refinance
existing first mortgages; and providing for an effective date. Manuel Castillo, Executive
Director of the Monroe County Housing Authority addressed the Board. Motion carried
unanimously.
RESOLUTION NO. 144 -2012
Said Resolution is incorporated herein by reference.
Item L2 Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to delete the item from the agenda - Resolution authorizing the Monroe County State
Housing Initiatives Partnership (Ship) Program Administrator and Coordinator to deny an
owner's request to approve a short sale; and providing for an effective date.
Item L3 Motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers to adopt the following Resolution authorizing Habitat for Humanity of Key West and
the Lower Keys, Inc. (Habitat) to assume a Monroe County State Housing Initiatives Program
(SHIP) second mortgage loan and a temporary exception to the Monroe County Ship Homebuyer
Assistance Loan documents; and providing for an effective date. Motion carried unanimously.
RESOLUTION NO. 145 -2012
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
Item Q1 The first of three public hearings was held for the adoption of an ordinance
extending the infrastructure sales tax beyond its current 31 December 2018 expiration date,
scheduling a a referendum as required by statute, and establishing the uses for the revenue stream
created. The additional hearings scheduled to be held at 3:00 p.m. at the regular BOCC meeting
in Marathon on 6/20/12 and in Key West on 7/18/12. Kevin G. Wilson, P.E.- Division Director -
2012/115
Public Works & Engineering; Bob Shillinger, Chief Assistant County Attorney; and Roman
Gastesi, County Administrator discussed the matter. The Board accepted public input with the
following individuals addressing the Board: Alicia Putney and Andy Tobin. The Board
discussed the sequence of the referendum wording.
Item Q2 A Public Hearing was held to consider approval of an Ordinance amending
Article VI, Chapter 22, Monroe County Code by moving Summerland Key from the
Summerland/Cudjoe- Sugarloaf MSTU to the Big Pine Key MSTU and extending the time
periods for the levy of ad valorem tax in the Big Pine Key and Cudjoe - Sugarloaf MSTUs, and
reinstating No Name Key in the Big Pine Key MSTU. There was no public input. Motion was
made by Commissioner Wigington and seconded by Commissioner Murphy to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 009-2012
Said Ordinance is incorporated herein by reference.
Item Q3 A Public Hearing was held to consider the adoption of an ordinance amending
Chapter 122 of the Monroe County Code concerning Floodplain Regulations to: create
Certificate of Compliance Program, while simultaneously eliminating the inspection of
downstairs enclosure upon permit application (Monroe County Code Section 6 -107) providing
for new definitions of illegal structures and non - conforming structures, redefining the definition
of limited storage, market value, substantial damage, substantial improvement, clarifying the date
County implemented maximum size of downstairs enclosure to be 299 square feet (4/12/04),
define how vented garage doors work, define storage items and eliminated value of accessory
structure, refine variance procedures and clarify the purpose and process for inspection of
residential structure upon real estate "sale ". Christine Hurley, Growth Management Director and
Bob Shillinger, Chief Assistant County Attorney discussed the matter. The Board accepted
public input with the following individuals addressing the Board: John November and Andy
Tobin. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Ordinance, with the elimination of Section 1
and 2 - that the seller may be prosecuted under the provisions of Section 8 -36 or prosecuted in
the name of the State, in the same manner as a misdemeanor is prosecuted under Florida Statue
125.69 (1) by the prosecuting attorney thereof. In addition to any other penalty, violations of this
section may be punished by a fine in an amount not exceeding $2,000 per day. In addition to any
other remedies available. Section 3, is to remain - the plaintiff may seek injunctive relief in a
court of competent jurisdiction to prevent a violation of this section. Roll call vote was
unanimous.
ORDINANCE NO. 010 -2012
Said Ordinance is incorporated herein by reference.
COUNTY ATTORNEY
Item P7 Bob Shillinger, Chief Assistant County Attorney discussed filing suit against the
Utility Board of the City of Key West doing business as Keys Energy Service to seek to enjoin it
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from extending its electric utility line on No Name Key. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington approving the item.
Motion carried unanimously.
Commissioner Carruthers excused herself from the meeting.
PUBLIC HEARINGS
Item Q4 A Public Hearing was held to consider a resolution renouncing and disclaiming
any right of the County and the public in and to the 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) as requested by Keys Lake Villas, LLC. 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. 146 -2012
Said Resolution is incorporated herein by reference.
Item Q5 A Public Hearing was held to consider an ordinance amending Section 138 -27,
Administrative Relief and 138 -5, Administrative Relief, of the Monroe County Land
Development Code, precluding the granting of administrative relief in the form of the issuance of
a building permit for lands within the Florida Forever targeted acquisition or Tier 1 land areas
unless, after 60 days from the receipt of a complete application for administrative relief, it has
been determined the parcel cannot be purchased for conservation purposes by any county, state or
federal agency or any private entity. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 011-2012
Said Ordinance is incorporated herein by reference.
Commissioner Carruthers returned to the meeting and took her seat.
Item Q6 A Public Hearing was held to consider an ordinance amending Monroe County
Code Chapter 122 Floodplain regulations, amending Section 122 -2 and creating Section 122 -10,
providing inclusion of Federal Emergency Management Agency (FEMA) and the United States
Fish and Wildlife Service (USFWS) April 30, 2010 Biological Opinion for the Department of
Homeland Security's FEMA administration of the National Flood Insurance Program (NFIP), as
amended December 14, 2010 in final permit determinations through the permit referral process.
(Staff requests this item be continued to the June 20, 2012 BOCC Meeting) Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to continue the item to the
Board's June 20, 2012 meeting in Marathon. Motion carried unanimously.
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Item Q7 A Public Hearing was held to consider a resolution adopting the Cudjoe Regional
Central Wastewater Treatment System Facilities Plan. The was no public input. Kevin G.
Wilson, P.E.- Division Director - Public Works & Engineering discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to adopt the following Resolution. Motion carried unanimously
RESOLUTION NO. 147 -2012
Said Resolution is incorporated herein by reference.
Item Q8 A Public Hearing was held to consider a resolution for a Budget Amendment of
Fiscal Year 2012 Impact Fees -Fire & EMS Fund 135. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following •
Resolution. Motion carried unanimously.
RESOLUTION NO. 148 -2012
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item M1 The Board discussed Commissioner Neugent's item on Citizens' Insurance
proposals which will have devastating impacts on the Monroe County economy. Should we
schedule a workshop to bring greater exposure to the public eye on this potentially devastating
action? The following individual addressed the Board: Jim Saunders. Commissioner Carruthers
provided an update concerning FIRM's work on the subject.
Item M2 The Board discussed Commissioner Neugent's item for direction to the
Administrator to research relocation of appropriate county operations to more accessible
accommodations in the middle and upper -lower Keys for a more convenient service area to the
residents of unincorporated Monroe County. Kevin G. Wilson, P.E.- Division Director - Public
Works & Engineering discussed the matter. The item was referred to Staff for further
assessment.
Item M3 The Board discussed Commissioner Neugent's item for direction to legal to
establish ordinances that provide the establishment of licensing, regulation and enforcement of
non - licensed commercial carriers/haulers, with appropriate fees, operating within Monroe
County. The item was referred to Staff for further handling.
Item M4 The Board discussed Mayor Rice's item regarding iPhones, iPads and disciplinary
processes. Bob Shillinger, Chief Assistant County Attorney discussed the item. No official
action was taken on the item.
COUNTY ADMINISTRATOR
Item 05 The discussed for the County Administrator or his designee to change the existing
County cellular telephone usage policy to use a cellular telephone stipend program for County
2012/118
employees who must be reachable outside of the office or on call during non - business hours
rather than providing County owned cellular telephones to these employees. Bob Ward, - Sr.
Administrator, Network/Technical Services discussed the item. No official action was taken.
Item 07 The Board discussed an appointment to the South Florida Regional Planning
Council replacing Commissioner George Neugent. Motion was made by Commissioner
Wigington and seconded by Commissioner Carruthers nominating Mayor Rice as the
appointment and as an alternate on the South Florida Regional Planning Council.
Item 01 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for April, 2012, dated May 1, 2012.
COUNTY ATTORNEY
Item P6 The Board discussed a resolution invoking the Florida Governmental Conflict
Resolution Act with the Utility Board of the City of Key West doing business as Keys Energy
Services. The following individuals addressed the Board: Deb Curlee, representing Last Stand;
Alicia Putney, representing the Solar Community of No Name Key; Andrew Tobin, representing
the No Name Key Property Owner's Association; and Naja Girard. The Board adopted the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 149 -2012
Said Resolution is incorporated herein by reference
Item P1 Bob Shillinger, Chief Assistant County Attorney requested a closed session be
held in the matter of Monroe County vs. Utility Board of the City of Key West, Florida d.b.a.
Keys Energy Services, Case No. CA K 12 -549. The required language was read into the record
by Mr. Shillinger. The Board scheduled the closed session to be held at the Special Board
meeting on May 22, 2012 at 9:30 A.M., in Key West. Mr. Shillinger requested direction for
future action as he had been approached by the law firm Krupnick, Campbell & Malone
associated with the local firm of Horan, Wallace & Higgins who are willing to take a second look
at BP oil claims on a contingent basis. The Board agreed for the County Attorney's office to
further explore the matter as long at there is no Monroe County funds expended. Mr. Shillinger
discussed a $40,000 cost judgment on behalf of the county, case # CA -P -02 -520 concerning
takings claims.
Item P9 Mr. Shillinger discussed, for direction, a request by KLOR to resolve an
outstanding code compliance lien in case number U7 -99 -1135. Motion was made by
Commissioner Neugent and seconded by Commissioner Carruthers authorizing Staff to negotiate
a resolution of the lien at somewhere above $3,500 but possibly below the 25% face value of the
lien. Motion carried unanimously.
Item P5 Mr. Shillinger discussed granting a 1 -foot wide, non - exclusive easement that runs
parallel to the mean high water line on Fourth Street on Summerland Key and which commences
at the center line of Fourth Street and extends southward to Lot 20, Summerland Beach Addition
2012/119
No. 1. This is the last piece to resolve the matter of Klimock v. Monroe County & State of
Florida Board of Trustees of Internal Improvement Trust Fund, Case#: CA-K-10-969. Motion
was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval
the item. 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. c.eutA
)J)
Isabel C. DeSantis, Deputy Clerk