07/18/2012 Regular 2012/141
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 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; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
MISCELLANEOUS/PRESENTATION
The Board wished Happy Birthday to attorney Richard Collins, who served as
Monroe County Attorney.
Chief Assistant County Attorney, Bob Shillinger and Staff presented Suzanne
Hutton, County Attorney with a Professionalism Award for Florida Government Attorneys from
the Florida Association of Counties.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Item B1 Board adopted the following Resolution authorizing an agent 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. 175 -2012
Said Resolution is incorporated herein by reference.
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Item B2 Board ratified BOCC approval on May 16, 2012 awarding bid and contract to
Keys Contracting Services, Inc. for on -site sewer connections at Harry Harris Park, Tavernier
Fire Station and Old Tavernier School in the amount of $44,300.
Item B3 Board granted approval to renew and authorized execution of a Lease Agreement
with the Early Learning Coalition of Miami- Dade /Monroe for one (1) year at the Gato Building,
1100 Simonton Street, Key West, Florida.
Item B4 Board granted approval and authorized execution of a Lease Agreement with
Southernmost Homeless Assistance League (SHAL) for office space at the Gato Building, 1100
Simonton Street, Key West, Florida.
Item B5 Board granted approval to enter into a long term agreement with the Big Pine
Athletic Association for management of the Big Pine Skate Park, and authorized execution of
same.
Item B6 Board adopted the following Resolution approving the tentative Residential Solid
Waste Collection, Disposal and Recycling rates for Fiscal Year 2012/13.
RESOLUTION NO. 176 -2012
Said Resolution is incorporated herein by reference.
Item B7 Board adopted the following Resolution approving the tentative Solid Waste
Collection, Disposal and Recycling rates for commercial waste generators for Fiscal Year
2012/13.
RESOLUTION NO. 177 -2012
Said Resolution is incorporated herein by reference.
Item B8 Board granted approval to award bid and authorized execution of a contract with
PermaFix Environmental Services for cleaning of HazMat Sheds located at the Long Key
Transfer Station and at the Cudjoe Transfer Station. This is a very specialized program and there
were only two bidders, PermaFix and Clean Harbors.
Item B9 Board granted approval to award bid and authorized execution of a contract for
bio- diesel fuel to the lowest bidder - Blaylock Oil Company.
Item B12 Board granted approval and authorized execution of the Home and Community
Based Case Management Referral Agreement between the Florida Department of Children &
Families and the Monroe County Board of County Commissioners (Social Services/In -Home
Services Program) for State Fiscal Year (SFY) July 1, 2012 to June 30, 2013.
Item B13 Board granted approval to apply for the Older Americans Act Grant up to the
maximum amount available ($612,493.00) and approval for the County Administrator or his
Alternate to sign all application documents relating to grant submission.
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Item B14 Board granted approval of a Revised Supply List made part of the food service
contract between GA Food Service, Inc. and the Board of County Commissioners. The company
has increased the price for regular coffee from $132.00 to $134.60 and the price for decaf coffee
from $129.00 to $131.70, effective 06/01/2012 until 08/31/2012.
Item B15 Board granted approval and authorized of Modification #001 to the Low Income
Home Energy Assistance Program Federally funded Subgrant Agreement Number
12EA- OF- 11 -54 -01 -019 between Monroe County Board of County Commissioners and the State
of Florida, Department of Economic Opportunity for the provision of funds to pay electric bills
for low income Monroe County residents.
Item B16 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. 178 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 179 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 180 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 181 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 182 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 183 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 184 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 185 - 2012
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 186 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 187 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 188 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 189 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 190 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 191 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 192 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 193 -2012
Said Resolution is incorporated herein by reference.
Item B18 Board granted approval and authorized execution of an Amendment to the
Agreement with Florida Keys Healthy Start Coalition extending the term of the contract through
December 31, 2012.
Item B21 Board granted approval and authorized execution of Amendment #2 to the
Agreement with Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 project,
to permit use of the Stock Island Fire Station Site for the Contractor' office until construction of
the fire station starts.
Item B22 Board granted approval and authorized execution of a Second Amendment to
contract with Bender & Associates Architects, P.A. for Stage 3 of the East Martello Tower
Masonry Restoration. This project is fully funded by the Tourist Development Council.
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Item B23 Board granted approval and authorized execution of a Second Amendment to
contract with Bender & Associates Architects, P.A. for Stage 3 of the West Martello Tower
Masonry Restoration. This project is fully funded by the Tourist Development Council.
Item B24 Board granted approval and authorized execution of a Second Amendment to the
Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar
Restoration at the East Martello Tower. This project is fully funded by the Tourist Development
Council.
Item B25 Board granted approval and authorized execution of a Second Amendment to the
Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar
Restoration at the West Martello Tower. This project is fully funded by the Tourist Development
Council.
Item B26 Board granted approval and authorized execution of a First Amendment to
Contract with MBI /K2M Architecture, Inc. for the Design Concept and Cost Estimating for a
General Aviation Facility Customs Terminal in the Existing Marathon Airport.
Item B27 Board granted approval and authorized execution of Modification #6 to the State
Funded Subgrant Agreement for the Design and Construction of the proposed Emergency
Operations Center in Marathon to extend the period of performance for federal funding from
August 18, 2012 to June 30, 2013.
Item B28 Board approved the Receipt of the monthly report on Change Orders reviewed by
the County Administrator' Office.
Item B29 Board granted approval and authorized execution of the final Higgs Beach
Development Agreement as approved by the City of Key West.
Item B30 Board granted approval and authorized execution of the Coverage Determination
and Appeals Process Addendum to the Pharmacy Benefit Management Services agreement with
EnvisionRXOptions to administer and invoice for both an internal and external appeals process
for covered individuals who wish to appeal the determination of non - coverage of a medication.
TOURIST DEVELOPMENT COUNCIL
Item C 1 Board granted approval and authorized execution of an Agreement with Monroe
Council of the Arts Corporation, d/b /a Florida Keys Council of the Arts to provide funding to
supplement costs of tourist related programs.
Item C2 Board granted approval and authorized execution of an Amendment to the
Agreement with Keys Association of Dive Operators, Inc. to exercise option to extend the
agreement for two (2) additional years to September 30, 2014.
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Item C3 Board granted approval and authorized execution of an Amendment to the
Agreement with Key West Business Guild, Inc., exercise option within Agreement to extend for
two (2) additional years under the same terms and conditions.
Item C4 Board granted approval and authorized execution of an Amendment to the
Agreement with Pigeon Key Foundation, Inc. to extend the termination date for the Pigeon Key
Solar Energy Project (Phase 1) to December 31, 2012.
GROWTH MANAGEMENT
Item F1 Board granted approval and authorized execution of Amendment No.1 to current
Clean Vessel Act Agreement No. MV022 between the Florida Department of Environmental
Protection (DEP) and Monroe County (County), which provides reimbursement funding for the
County' mobile vessel pumpout program, extending the Agreement to September 9, 2013 and
revising the scope of the Agreement.
Item F2 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the City of Marathon (City) reimbursing the City in an
amount up to $30,992 from boating improvement Funds (BIF) for costs to be incurred by the
City during FY' for regulatory buoy maintenance ($15,000) and pumpout boat refurbishment
($15,992).
Item F3 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 an
amount up to $34,700 from boating improvement Funds (BIF) for costs to be incurred by the
City during FY' for mooring field materials and repairs, and associated marker and signage
replacements.
Item F4 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the Village of Islamorada (City) reimbursing the City in an
amount up to $30,000 from boating improvement Funds (BIF) for costs to be incurred by the
City during FY' for regulatory buoy maintenance.
Item F5 Board granted approval of a request by the Pigeon Key Preservation Foundation,
Inc. for demolition of two picnic shelters with approval of the BOCC in accordance with
paragraph 7 of the lease with Monroe County, dated October 19, 1993, which shelter demolition
were granted a Certificate of Appropriateness by the Historic Preservation Commission (HCP)
on June 25, 2012.
COMMISSIONERS' ITEMS
Item K1 Board granted approval of the Mayoral appointment of Donald Lanman to the
South Florida Workforce Investment Board of Miami- Dade /Monroe counties for a two -year
term through July 18, 2014.
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COUNTY CLERK
Item L2 Board granted official approval of the Board of County Commissioners minutes
from the May 22, 2012 Special Meeting (previously distributed).
Item L3 Board granted approval of the following Warrants: (106960 - 107002; 575565 -
576838) General Fund (001), in the amount of $1,280,785.47; Fine & Forfeiture Fund (101),
in the amount of $3,191,208.73; Road and Bridge Fund (102), in the amount of $43,041.69;
TDC District Two Penny (115), in the amount of $173,310.11; TDC Admin. & Promo 2 Cent
(116), in the amount of $689,411.43; TDC District 1,3 Cent (117), in the amount of
$722,257.86; TDC District 2,3 Cent (118), in the amount of $27,704.29; TDC District 3,3
Cent (119), in the amount of $118,604.97; TDC District 4,3 Cent (120), in the amount of
$67,859.14; TDC District 5,3 Cent (121), in the amount of $62,516.78; Gov. Fund Type
Grants (125), in the amount of $1,247,829.06; Fire & Amb District 1 L &M Keys (141), in the
amount of $148,506.96; Upper Keys Health Care (144), in the amount of $707.44; Uninc Svc
Dist Parks & Rec (147), in the amount of $66,644.76; Plan, Build, Zoning (148), in the amount
of $39,836.01; Municipal Policing (149), in the amount of $468,232.11; 911 Enhancement Fee
(150), in the amount of $67,584.96; Duck Key Security (152), in the amount of $3,980.88;
Local Housing Assistance (153), in the amount of $144,033.87; Boating Improvement Fund
(157), in the amount of $29,925.71; Misc. Special Revenue Fund (158), in the amount of
$16,827.36; Environmental Restoration (160), in the amount of $2,674.16; Court Facilities
Fees -602 (163), in the amount of $21,693.60; Bay Point Wastewate MSTU (168), in the
amount of $51,127.00; Cudjoe - Sugarloaf MSTU (172), in the amount of $3,088.62; Conch
Key MSTU (174), in the amount of $1,119.00; Building Fund, (180), in the amount of
$5,472.91; 1 Cent Infra Surtax (304) in the amount of $668,669.71; Infr Sls Srtx Rev
Bds2007 (308), in the amount of $79,023.80; Card Sound Bridge (401), in the amount of
$5,244.05; Marathon Airport (403), in the amount of $91,817.60; Key West Intl. Airport
(404), in the amount of $320,427.39; KW AIP Series 2006 Bonds (405), in the amount of
$5,924.39; PFC & Oper Restrictions (406), in the amount of $4,106.20; MSD Solid Waste
(414), in the amount of $1,248,438.30; Worker's Compensation (501), in the amount of
$6,079.16; Group Insurance Fund (502), in the amount of $1,186,678.56; Risk Management
Fund (503), in the amount of $130,688.84; Fleet Management Fund (504), in the amount of
$77,698.86; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00.
Item L4 Board granted approval of Tourist Development Council Expenditures for the
month of June 2012: Advertising, in the amount of $1,513,906.10; Bricks & Mortar
Projects/Interlocal, in the amount of $74,648.82; Visitor Information Services, in the amount
of $51,191.00; Events, in the amount of $91,000.51; Office Supplies & Oper Costs, in the
amount of $11,996.236; Public Relations, in the amount of $3,126.49; Sales & Marketing, in
the amount of $88,654.67; Telephone & Utilities, in the amount of $16,925.80; Travel, in the
amount of $10,214.93.
Item L6 Board granted approval and authorized execution of a Contract with the firm
Cherry, Bekaert & Holland to provide auditing services to Monroe County and the Constitutional
Officers.
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COUNTY ADMINISTRATOR
Item M2 Board granted approval and authorized execution of a Professional Services
Agreement between Robert Reyes of Floridian Partners, LLC and Monroe County for continuing
Strategic Governmental Consulting Services for another one -year term effective July 19, 2012
through July 18, 2013.
Item M3 Board granted approval and authorized execution of a Second Amendment to
Agreement for Medical Examiner Services.
Item M6 Board approved ratification of a substitute Amendment No. 3 to 17522 (formerly
ARS010) with Florida Department of Agriculture and Consumer Services (FDACS), previously
submitted and approved at the June 20, 2012 BOCC, to approve minor changes made by FDACS
to the version of A3 submitted to the BOCC for approval. The State made revisions to the
amendment less than 1 hour prior to the BOCC meeting start time and date, which were not able
to be presented to the BOCC for approval. The amendment was not pulled because it had to be
executed prior to the grant termination date of June 30th. It also included great financial benefits
for the County, which would not be recognized if the amendment was not approved and
executed.
COUNTY ATTORNEY
Item N2 Board granted approval and authorized execution of a Settlement Agreement in
the matter of Allen Chung & Elizabeth Redsecker v. Monroe County, 2011 -CA- 344 -K.
Item N3 Board granted approval to create a new position of Paralegal (Pay Grade 09) at the
Marathon Growth Management Offices and under the Growth Management Budget.
Item N4 Board granted approval and authorized execution of an Agreement with the
Florida Department of Environmental Protection allowing Monroe County to perform habitat
restoration with Dagny Johnson Key Largo Hammock Botanical State Park as mitigation for
construction of the Key Largo Wastewater Treatment District wastewater treatment plant.
Item N5 Board granted approval to advertise a Request for Proposals (RFP) for habitat
restoration with Dagny Johnson Key Largo Hammock Botanical state Park mitigation for
construction of the Key Largo Wastewater Treatment District wastewater treatment plant.
Item N7 Board granted approval to initiate collection proceedings, (complaint for
foreclosure and money judgment) and file an action in circuit court seeking an injunction relief
order to compel the property owner to correct the code violations of Code Enforcement Case(s)
CE08070120 and CE11020015.
Item N8 Resolution establishing procedure for the appointment of a temporary
member to the Canvassing Board in the event that the presently serving member has an
unavoidable or unexpected event which causes the member to be temporarily unable to serve
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but which does not render the member disqualified or permanently unable to serve.
RESOLUTION NO. 194 -2012
Said Resolution is incorporated herein by reference.
Item N10 Board adopted the following Resolution granting office space to the Guardian Ad
Litem at the Marathon Airport Terminal.
RESOLUTION NO. 195 -2012
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Item M7 Roman Gastesi, County Administrator gave a Presentation and Overview for the
Proposed Fiscal Year 2013 Budget. The document entitled Fiscal Year 2013 Proposed Annual &
Capital Budget was provided to the Board.
MISCELLANEOUS BULK APPROVALS
Item L5 The Board discussed the removal of equipment from inventory via disposal or
advertising for bids. The following individual addressed the Board: Matt Gardi. Danny
Kolhage, Clerk of Courts; Bob Eadie, Monroe County Health Department Director; and Bob
Ward, Technical Services - Sr. Administrator, Network discussed the item. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
approving the item. Motion carried unanimously.
PUBLIC HEARINGS
Item 01 A Public Hearing was conducted pursuant to § 477.403, Florida Statutes, to
resolve impasse with International Association of Fire Fighters (IAFF) Local 3909 (Fire Fighters
Union). Cynthia Hall, Assistant County Attorney; Mark Floyd, Esq., representing the IAFF
3909; and Jim Callahan, Fire Chief addressed the Board. Commissioner Neugent excused
himself from the meeting. After discussion, motion was made by Commissioner Wigington and
seconded by Commissioner Murphy that there be no salary increases with respect to Issue No. 7,
Paragraph 8.1, Subject Matter: Base Salary. Roll call vote was unanimous, with Commissioner
Neugent not present.
Commissioner Neugent returned to the meeting and took his seat.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to eliminate the 7% assignment rate with respect to Issue No. 8, Paragraph 8.7.2,
Subject Matter: Assignment Rate. Roll call vote was taken with the following results:
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Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Rice No
Motion carried.
Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to accept the County's recommendation with respect to Issue No. 11, Paragraph 9.2.6,
Subject Matter: Annual Leave. Roll call vote was unanimous.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to accept the County's recommendation with respect to Issue No. 12, Paragraph 9.4.1,
Subject Matter: Holiday Leave. Roll call vote was unanimous.
Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to accept the County's recommendation and the Union's position with respect to Issue
No. 3, Paragraph 3.5.2, Subject Matter: Use and Forfeiture of Pool Hours. Roll call vote was
unanimous.
MONROE COUNTY TAX COLLECTOR
Item I1 Danise "Dee Dee" Henriquex, Tax Collector addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of the recap of the 2011 tax roll and the list of errors and insolvencies
for the 2011 tax roll, and approval to extend the 2012 tax roll and the bills be mailed prior to
completion of Value Adjustment Board Hearings. Motion carried unanimously.
CLOSED SESSION
Item H1 An attorney- client closed session of the Board of County Commissioners was held
regarding the matter of Monroe County Board of County Commissioners vs. Gonzalez
Architects, et al., Case No. 08 -CA- 458 -K. Suzanne Hutton, County Attorney read the required
language into the record.
GROWTH MANAGEMENT
Item G1 The Board discussed the owner/builder memo and Florida Statute §489.103(7)
specifying what an owner/builder can do. Jerome A. Smith, Jr., C.B.O.; and Christine Hurley,
Growth Management Director discussed the matter. The following individuals addressed the
Board: Chris Gratton, representing the Florida Keys Contractor's Association and Rudy Krause.
No official action was taken.
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MISCELLANEOUS BULK ITEMS
Mayor David Rice disclosed he would abstain from the vote on the following
items as he currently serves as a member of the Board of Directors of the Guidance Care Center:
Item B10 Contract between Monroe County and the Community Transportation
Coordinator /Guidance Care Center, Inc. for a contract period of 07/01/2012 through 06/30/2013.
Item B11 Amendment between the Monroe County Community Transportation
Coordinator /Guidance Care Center, Inc. and the Monroe County Board of County
Commissioners for contract period 07/01/2012 through 06/30/2013.
Item B19 Submission of grant adjustments to update the performance measures and
objectives for current FDLE JAG grants with Be The Change, Samuel' House, Heron - Peacock,
Guidance Care center, Boys and Girls Club.
Motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers granting approval of the above three (3) items. Motion carried unanimously, with
Mayor Rice abstaining.
Item B17 The Board discussed advertising a Public Hearing for a Budget Amendment for
General Fund 001, One Cent Infrastructure Sales Tax Fund 304, and Cudjoe Regional Waste
water Fund 312. After discussion, motion was made by Commissioner Carruthers and seconded
by Commissioner Murphy granting approval of the item. Motion carried unanimously.
STAFF REPORTS
Item D3 Emergency Services - Jim Callahan, Fire Chief updated the Board concerning
career firefighters /paramedics being assigned to the Sugarloaf Fire Department. Chief Callahan
stated that a hold harmless agreement and a letter of intent are being drafted for use of the fire
station. Roman Gastesi, County Administrator and Tina Boan, Budget Director discussed the
implementation of a revenue source assigned to the expenditure increase for the station - (Fire
District 1). The Chief also provided the Board with an update on the progress of the Stock Island
Fire station's renovation project.
COUNTY ADMINISTRATOR
Item M5 Myra Wittenberg, Department of Transportation, Manager - City of Key West
introduced members of her Staff and then made a presentation to update the Commission on the
Lower Keys Shuttle Bus Service. No official action was taken.
PUBLIC HEARINGS
Item P1 A Public Hearing was held to consider an Ordinance establishing Monroe County
Code Section 19 -8, restriction on use of county roads, providing a procedure to limit access to
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public roads. 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. 018
Said Ordinance is incorporated herein by reference.
Commissioner Neugent excused himself from the meeting.
Item P2 A Public Hearing was held to consider approval of a Resolution renouncing and
disclaiming any right of the County and the public in and to that portion of MacDonald Avenue,
lying South of Lots 11, 12, 13, 14, & 15, Block 31 and North of Lots 8, 9, & 10, Block 35, and
Northerly of Maloney Avenue (as existing and constructed), Subdivision of Stock Island" a
Subdivision of Government Lots 1, 2, 3, 5, & 6, Section 35, Government Lot 2, Section 36,
Government Lot 3, Section 26, and Government Lot 2, Section 34, all in Township 67 South,
Range 25 East on Stock Island according to the plat thereof, as recorded in Plat Book 1 at Page
55 of the Public Records of Monroe County, Florida. There was no public input. Christine
Hurley, Growth Management Director discussed the matter. After discussion, motion was made
by Commissioner Wigington and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously, with Commissioner Neugent not present.
RESOLUTION NO. 196 - 2012
Said Resolution is incorporated herein by reference.
Commissioner Neugent returned to the meeting and took his seat.
Item P3 A Public Hearing was held to consider approval of an Ordinance amending
Section 21 -46 to amend definitions relating to specialty haulers, amending 21 -72 to revise
requirements and regulations relating to specialty haulers and creating Sec. 21 -77 to
provide penalties for violations of the Ordinance. There was no public input. Kevin G. Wilson,
P.E.- Division Director - Public Works & Engineering discussed the item. After discussion,
motion was made by Commissioner Wigington and seconded by Commissioner Murphy to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 019
Said Ordinance is incorporated herein by reference.
Item P4 A Public Hearing was held to consider approval of an Ordinance extending the
one cent infrastructure sales tax, otherwise due to expire in 2018, through December 31, 2033;
Providing limits on the use of the funds after 2018 unless wastewater projects are in progress and
fully funded; Providing that such extension is only effective if approved by the County Electorate
voting in the November 6, 2012 General Election; Providing for notification of the Florida
Department of Revenue if the tax is approved by the electorate; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into
the Monroe County Code of Ordinances; Providing for an effective date. The Board accepted
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public input with the following individuals addressing the Board: Charlie Brooks and Andy
Tobin, representing the Key Largo Wastewater Treatment District. Suzanne Hutton, County
Attorney; Roman Gastesi, County Administrator; and Danny Kolhage, County Clerk discussed
the matter. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Ordinance, as revised. Said revisions are as
follows:
Page 2 of 3 Section 2., Sec. 23 -145. - Expenditure of funds.
Add the words, including payment of any wastewater infrastructure debt,
Page 3 of 3
Add the word existing in the 1st line of the referendum question.
Roll call vote was unanimous.
ORDINANCE NO. 017
Said Ordinance is incorporated herein by reference.
Commissioner Carruthers excused herself from the meeting.
STAFF REPORT
Item D6 Growth Management - Christine Hurley, Director discussed a request by the Navy
to hold a Special Commission meeting with the BOCC on Tuesday, July 31, 2012 at 1:00 P.M.,
at the Harvey Government Center in Key West. The format of the meeting is to include an
invitation to the Key West City Commission to hear the Navy present findings of their
Environmental Impact Statement recently published. Following the meeting, the BOCC would
adjourn and hear a presentation from the County's consultant - Keith & Schnar's on their
evaluation of the EIS and the conditions found during their review. Motion was made by
Commissioner Neugent and seconded by Commissioner Wigington to hold a Special Meeting on
Tuesday, July 31, 2012 at 1:00 P.M., at the Harvey Government Center in Key West. Motion
carried unanimously, with Commissioner Carruthers not present.
Commissioner Carruthers returned to the meeting and took her seat.
COUNTY ADMINISTRATOR
Item M1 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for June, 2012, dated July 3, 2012.
Item M4 The Board discussed an appointment to the Monroe County Value Adjustment
Board to replace Commissioner Murphy who resigned. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner Carruthers to appoint Commissioner
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George Neugent to the VAB and Commissioner Heather Carruthers as alternate. Motion carried
unanimously.
COUNTY ATTORNEY
Item Ni Suzanne Hutton, County Attorney introduced new staff attorney Steve Williams to
the Board. Bob Shillinger, Chief Assistant County Attorney informed the Board that Assistant
County Attorney Derek Howard won the Collins litigation in the 3rd District Court of Appeals.
Mr. Shillinger discussed the status of the Collins litigation.
Item N6 The Board discussed, for direction to Staff, the Marathon Airport Management
Services RFP finalist /awardee selection procedures. Assistant County Attorney, Pedro Mercado;
Peter Horton, Airports Director and Roman Gastesi, County Administrator discussed the item.
Staff was requested to bring back to the Board at its' Marathon meeting in September a Request
for Qualifications (RFQ) or a Request for Information (RFI).
Item N9 Bob Shillinger, Chief Assistant County Attorney discussed a Letter of
Understanding with the firm Krupnick Campbell Malone et.al. for legal representation on a
contingent fee basis in potential claims arising from the Deepwater Horizon Oil Spill. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to postpone the item until an assessment can be made to verify if a conflict of interest
exists with a partner in the Krupnick firm. Motion carried unanimously.
PUBLIC HEARINGS
Items Q1 /Q2 A Public Hearing was held to adopt Final Assessment Resolutions (FAR)
describing the method of assessment for properties in the centralized Cudjoe Regional
Centralized Inner Islands Wastewater Service Area and the Cudjoe Regional Centralized Outer
Islands Service Area. Motion was made by Commissioner Wigington and seconded by
Commissioner Neugent to approve the assessment amounts of $4500.00 relating to the provision
of wastewater capacity; imposing annual wastewater assessments; approving the non -ad valorem
assessment roll; Providing for collection of the wastewater assessments; and providing an
effective date. Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering; Danise
"Dee Dee" Henriquez, Monroe County Tax Collector; Tom Walker, Engineering Department
Director - FKAA; Kerry Shelby, Deputy Executive Director - FKAA; and Tina Boan, Monroe
County Budget Director discussed the items. The Board accepted public input with following
individuals addressing the Board: Bill Hunter, Drusilla Fox, Jill Wagner, David Wise, Larry
Francisco, representing the Cudjoe Gardens Property Owner's Association; Jennifer Ettish,
Robert Paul, Ernest Taylor, Jorge Ramos, Mary Tucker, Joe Valentic, Jim Crane, Denise Glenz,
Kevin Grubbs, General Manager - Venture Out at Cudjoe Key; and Tommy Haskins. Roll call
vote was unanimous.
RESOLUTION NO. 197 -2012
RESOLUTION NO. 198 -2012
Said Resolutions are incorporated herein by reference.
2012/155
Item Q3 A Public Hearing was held to adopt an Ordinance amending Section 18-26 of the
Monroe County Code to establish a children' park area on Higg' Beach and to provide for
regulation of the children' park area. The Board accepted public input with the following
individuals addressing the Board: Shandaroba Rodd, Lawrence Harkenrider and Rose Chan.
Bob Shillinger, Chief Assistant County Attorney and Pedro Mercado, Assistant County Attorney
discussed the item. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 020-2012
Said Ordinance is incorporated herein by reference.
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
JDO-LQ/ WAVAD
Isabel C. DeSantis, Deputy Clerk