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09/10/2012 Special 2012/185 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meetings Board of County Commissioners Monday, September 10, 2012 Marathon, Florida Special Meetings of the Monroe County Board of County Commissioners convened at 3 :00 P.M. and 5:05 P.M., at the Marathon 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. ADDITIONS, CORRECTIONS, DELETIONS Item A There were no Additions, Corrections and Deletions made to the Agenda. COUNTY ATTORNEY Item B The Board discussed for direction regarding the recently released Monroe County Grand Jury Report involving County staff and property. Point of Personal Privilege - Commissioner Carruthers made a statement with regards to the report. Bob Shillinger, Chief Assistant County Attorney and Suzanne Hutton, County Attorney discussed the matter. The following individuals addressed the Board: Harry Appel, Mickey Baker, Skip Haring, Sue Heim, Ted Blackburn, and Deb Curlee. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to retain the County Administrator and allow him to handle the other employees under his control. After consideration, the motion was withdrawn. Motion was then made by Commissioner Murphy and seconded by Commissioner Neugent to retain the County Administrator. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Wigington No Mayor Rice Yes Motion carried. Motion was made by Mayor Rice and seconded by Commissioner Murphy to place a letter in the County Administrator's personnel file documenting the event and admonishing the administrator- informing him that any future indiscretions of this nature will be dealt with vigorously and will not be tolerated. The BOCC will have the authority to review and approve or modify the letter, if necessary. Roll call vote was unanimous. J 2012/186 Motion was made by Mayor Rice and seconded by Commissioner Neugent to hire outside individuals to handle any necessary disciplinary decisions for the county employees named in the Grand Jury report, other than the County Administrator. During discussion, the second to the motion withdrew. Motion was then made by Mayor Rice and seconded by Commissioner Neugent to hire outside individuals -Retired Judge David P. Kirwan and Retired Sheriff Richard D. Roth, as Hearing Officer and Investigator, to evaluate the disciplinary action for each of the county employees who participated in the purchase of the equipment. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Wigington No Mayor Rice Yes Motion carried. Roman Gastesi, County Administrator addressed the Board and apologized for his involvement in the matter. Motion was made by Mayor Rice and seconded by Commissioner Neugent for the County Administrator to pay the costs of the Hearing Officer and Investigator who will deal with the discipline of the other employees who don't report directly to the BOCC, negatively named in the Grand Jury Report. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Wigington Yes Mayor Rice Yes Motion carried. COMMISSIONERS' ITEM Item C The Board discussed Commissioner Neugent's item concerning a Resolution supporting legislation to exclude Safe Harbor Enterprises, Inc., and Robbie's Safe Harbor Marine Enterprises, Inc., from the Coastal Barrier Resources System. The following individual addressed the Board: Bart Smith, representing Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. Mayte Santamaria, Assistant Director of Planning and Environmental Resources addressed the commission. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 221-2012 Said Resolution is incorporated herein by reference. 2012/187 COUNTY ATTORNEY Item D The Board discussed a Settlement Agreement in the Florida Association of Counties, et. al., v. the Florida Department of Revenue and the State of Florida Agency for Health Care Administration(Medicaid) lawsuit. Pedro Mercado, Assistant County Attorney addressed the commission. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. FISCAL YEAR 2013 BUDGET MEETING Item A There were no Additions, Corrections or Deletions made to the agenda. Item B Tina Boan, Director of the Office of Budget&Management announced the rolled-back rate, the proposed millage rate, the percent above/below the rolled back rate. Roman Gastesi, County Administrator discussed the document entitled Monroe County, Florida Board of County Commissioners Fiscal Year 2013 Proposed Budget, dated September 10, 2012, Special Budget Meeting-Marathon, FL. Said document is incorporated herein by reference. Item C Jim Callahan, Monroe County Fire Chief discussed fire services at the Sugarloaf Volunteer Fire Department. The Board accepted public input with the following individual addressing the Board: Bill Hunter, representing the Sugarloaf Property Owner's Association. 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, Mayor David P. Rice, Commissioner Kim Wigington, Councilman Clark Snow and Mayor Norman Anderson. Item E The Board of Governors discussed the budget for Fiscal Year 2013. There being no further business, the meeting of the Board of Governors for the Fire and Ambulance District I was adjourned. * * * * * The Board of County Commissioners meeting reconvened with all commissioners present. Item F The Clerk announced the following date for the final budget public hearing: Thursday, September 13, 2012, at 5:05 P.M., at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida. 2012/188 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 Isabel C. DeSantis, Deputy Clerk