01/16/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 16, 2013
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 Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner David P. Rice and Mayor George Neugent. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Bob Shillinger, County Attorney; Amy Heavilin, County Clerk; Pamela Hancock, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Commissioner Kolhage advised the Board that he had an amendment to Item D4
TDC Funding Policy document that was handed out prior to the meeting. Motion was made by
Commissioner Murphy and seconded by Commissioner Rice granting approval of the Additions,
Corrections and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Years of Service Award for 30 years of service to Monroe County
to Dent Pierce, Director of Public Works, Public Works Management, Public Works &
Engineering Division.
Item B2 Presentation of Employee Service Award for the Third Quarter 2012, to Lisa
Tennyson, Grants Administrator.
BULK APPROVALS
Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
Item C 1 Board granted approval of revised Library Policy Sections 2.01 and 2.03.A -B.
Item C2 Board granted approval for the Employee Services Director to execute an
agreement with Upper Keys Specialty Physicians, LLC and Mariners Hospital, Inc. to perform
applicant and employee drug screens.
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Item C3 Board granted approval of Amendment 002 to Contract US -1251 between the
Board of County Commissioners and the Alliance for Aging, Inc., which increases the
reimbursement rate per meal to $.753786755 and increases the contract amount to $36,133.52.
Item C4 Board granted approval of the Ratification of the Alliance for Aging, Inc.
Standard Contract, Older Americans Act (OAA) contract 4AA -1329 between the Alliance for
Aging, Inc, AAA and Monroe County Board of County Commissioners, Social Services.
Item C5 Board granted approval of Amendment to Agreement between the Board of
County Commissioners and GA Food Service, Inc., which renews the Agreement for another
year at a price of $3.56 per meal and provides an updated Supply List.
Item C6 Board granted approval of a Memorandum of Agreement with the City of Miami
dated March 26, 2012 concerning a United States Department of Homeland Security's Office of
Grants & Training (OG &T), through the State of Florida, Division of Emergency Management
(FDEM) sub -grant Agreement 4 12DS- 22- 11 -23 -02 -236 in the amount of $176,743.72 with no
county match required; and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
Item C7 Board granted approval of a Florida Division of Emergency Management
(FDEM) Award Letter for delivery of training in the amount of $35,500.00, no county match
required; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item C8 Board granted approval of a Florida Division of Emergency Management
(FDEM) Federally - Funded Subgrant Agreement for delivery of training in the amount of
$35,500.00, no county match required; and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
Item C 10 Board granted approval to donate four (4) pieces of equipment purchased by
Monroe County, which are currently in the possession of Mariners Hospital, to Mariners
Hospital thusly removing assets from the Monroe County inventory. These items are now
eighteen (18) to twenty (20) years old and have no appreciable value.
Item C 13 Board granted approval to execute the second option to renew the contract with
U.S. Water Services Corporation for operation and maintenance of the wastewater treatment
plant at the Plantation Key Government Center, Monroe County.
Item C 14 Board granted approval of Amendment to Lease Agreement with the Pigeon Key
Preservation Foundation to waive and exempt the requirement for maintaining Wind, Flood and
Fire Property Insurance on the County owned buildings on the lease hold.
Item C 15 Board granted approval of the 2nd lease renewal option between MW & JC LLC
and Monroe County Board of County Commissioner to provide the premises at 3134 Northside
Drive, Key West to be used by the Health Department as a clinic.
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Item C 16 Board granted approval of consulting agreement with Helman Hurley Charvat
Peacock/Architects, Inc. (HHCP) for provision of architectural consulting services in the case of
The Morganti Group, Inc., vs. Monroe County Board of County Commissioners, Case No. II-
CA- 892 -K.
Item C 19 Board granted approval to rescind Comcast agreement for the Duck Key Security
Camera's that was approved at the December 12, 2012 BOCC meeting and to approve a revised
agreement with Comcast for said project.
Item C22 Board granted approval of an Agreement with Florida Department of
Environmental Protection (FDEP) to allow Monroe County to repair the Blimp Road boat ramp.
Item C23 Board accepted the receipt of monthly report on change orders reviewed by the
County Administrator's Office (there were no change orders). Said report is incorporated herein
by reference.
Item C25 Board granted approval of a letter from the Property Appraiser agreeing to accept
mailing of the Notice of Intent Resolution subsequent to January 10 and before March 10, 2013
for the first time levy of non -ad valorem special assessments within the unincorporated area of
the county on the 2013 tax bill.
Item C26 Board granted approval of a letter from the Tax Collector agreeing to accept
mailing of the Notice of Intent Resolution subsequent to January 10 and before March 10, 2013
for the first time levy of non -ad valorem special assessments within the unincorporated area of
the county on the 2013 tax bill.
Item C27 Board granted approval of the following various 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. 001 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 002 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 003 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 004 -2013
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 005 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 006 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 007 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 008 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 009 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 010 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 011 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 012 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 013 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 014 -2013
Said Resolution is incorporated herein by reference.
Item C28 Board granted approval of the Public Assistance funding with the State of Florida,
Department of Emergency Management for reimbursement of expenses related to Hurricane
Isaac.
Item C29 Board granted approval to rescind Board approved agenda item (C48) from
BOCC meeting held on 10/17/2012.
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TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Agreement with Mel Fisher Days in July, 2013 in
an amount not to exceed $10,000, DAC I, FY 2013 Event Resources.
Item D2 Board adopted the following Resolution transferring TDC District I Event
Resources to Promotion and Advertising Resources, and TDC District IV Event Resources to
Promotion and Advertising Resources.
RESOLUTION NO. 015 -2013
Said Resolution is incorporated herein by reference.
Item D3 Board granted approval of an Agreement with Petronia St. Neighborhood
Association, Inc. covering Goombay in October, 2013, in an amount not to exceed $25,000,
DAC I, FY 2013 Event Resources.
Item D5 Board granted approval of an Amendment to Agreement with Florida Keys Art
Guild, Inc. covering the Florida Keys Art Guild Festivals to revise schedule of activities and
funding allocation.
Item D8 Board granted approval of Valerie Barth to the one "At Large" appointment to the
Tourist Development Council District V Advisory Committee, replacing Debbie McAfee whose
term ended.
DIVISION OF GROWTH MANAGEMENT
Item H1 Board granted approval of a contract with MAXIM JS Consulting Services, Inc.
in the amount of $39,250 to analyze Monroe County's existing fee stricture for Building
Department permitting, plan review, inspections, including consideration of current revenue, and
provide a report and recommended building permit, plan review, and inspection fee schedule
resolution for processing approval.
Item H2 Board granted approval of SunGard contract amendment in the amount of
$15,141.00 to add an Application Programming Interface (API) to allow the proposed purchase
of the Integrated Voice Response (IVR) System to read /write inspection information to /from the
CommunityPLUS permitting system.
Item H3 Board granted approval of Selectron Technologies, Inc., contract (Software
License Agreement, Support Maintenance Agreement and Professional Services Agreement) in
the amount of $48,900 to purchase and implement an Integrated Voice Response (IVR) system
to automate building permit inspection requests and resulting, and authorizing an additional 5
years of maintenance at the County's option at the prices listed in the scheduled, to be no more
than $40,520 in total.
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Item H6 Board granted permission to advertise an ordinance amending Monroe County
Code Section 12 -116, (Standards for exterior artificial lighting on sea turtle beaches) to include
all turtle nesting areas of unincorporated Monroe County for "lights out" areas.
Item H8 Board granted approval to advertise a Request for Qualifications (RFQ) for
vendors to participate in the removal and disposal of derelict vessels, floating strictures and
marine debris through 2016, with up to a two year renewal.
Item H9 Board adopted the following Resolution setting February 20, 2013, 3:00 p.m. at
the Murray Nelson Government Center, Key Largo for a public hearing for a proposed
abandonment of a portion of the right -of -way of North Drive that is between two previously
abandoned portions of North Drive adjacent to Lot 18, Block 2 and Lot 22, Block 3, Stillwright
Point Plat No. 2, Key Largo in order to correct a previous road abandonment thought to have
abandoned the entire width of the road.
RESOLUTION NO. 016 -2013
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item N1 Board granted approval of Mayor Neugent's reappointment of John Repetto to the
Community Development Block Grant Citizens Advisory Task Force, with a term expiring
January 1, 2017.
Item N2 Board granted approval of Mayor Neugent's reappointment of Bob Mock to the
Parks & Recreation Advisory Board, with a term expiring January 1, 2017.
Item N3 Board granted approval of Commissioner Rice's reappointment of Derrick
Johnson as the District 4 Representative to the Community Development Block Grant Citizens
Advisory Task Force, with a term expiring January 1, 2017.
Item N4 Board granted approval of Commissioner Rice's reappointment of Christine
Tejera to serve on the Parks and Recreation Advisory Board as the District 4 Representative,
with a term expiring January 1, 2017.
Item N5 Board granted approval of Commissioner Carruthers' reappointment of Tracey
Holst to the Community Development Block Grant (CDBG) Committee, with a term expiring
January 2017.
Item N6 Board granted approval of Commissioner Carruthers' reappointment of Jeffrey
Harwell to the Monroe County Art in Public Places Committee, with a term expiring January
2017.
Item N7 Board granted approval of Commissioner Kolhage's reappointment of Denise
Werling to the Planning Commission Board, with a term expiring between November 2016
election and February 2017.
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Item N8 Board granted approval of Commissioner Kolhage's reappointment of Heather
Roberts to the Affordable Housing Advisory Committee, with a term expiring November 2016 to
coincide with appointing Commissioner's term.
Item N9 Board granted approval of Commissioner Kolhage's appointment of Pamela K.
Beaver to the Florida Keys Council for People with Disabilities, with a term expiring January 16,
2016.
COUNTY CLERK
Item 02 Board granted official approval of the Board of County Commissioners minutes
from the November 20, 2012 Regular Meeting (previously distributed).
Item 03 Board granted approval of the following Warrants: (107238- 107320 & 582493-
583670): General Fund (001), in the amount of $4,137,685.13; Fine & Forfeiture Fund (101),
in the amount of $3,462,658.19; Road and Bridge Fund (102), in the amount of $69,562.88;
TDC District Two Penny (115), in the amount of $384,544.65; TDC Admin. & Promo 2 Cent
(116), in the amount of $539,186.06; TDC District 1,3 Cent (117), in the amount of
$639,181.01; TDC District 2,3 Cent (118), in the amount of $60,016.26; TDC District 3,3
Cent (119), in the amount of $161,324.68; TDC District 4,3 Cent (120), in the amount of
$109,607.33; TDC District 5,3 Cent (121), in the amount of $154,356.77; Gov. Fund Type
Grants (125), in the amount of $485,334.24; Impact Fees Roadways (130), in the amount of
$52,949.04; Fire & Amb District I L &M Keys (141), in the amount of $361,970.83; Upper
Keys Health Care (144), in the amount of $5,887.46; Uninc Svc Dist Parks & Rec (147), in
the amount of $61,959.57; Plan, Build, Zoning (148), in the amount of $95,717.62; Municipal
Policing (149), in the amount of $577,073.99; 911 Enhancement Fee (150), in the amount of
$77,725.90; Duck Key Security (152), in the amount of $3,842.13; Local Housing Assistance
(153), in the amount of $19,687.50; Boating Improvement Fund (157), in the amount of
$31,411.47; Misc. Special Revenue Fund (158), in the amount of $21,740.15; Environmental
Restoration (160), in the amount of $6,570.50; Court Facilities Fees -602 (163), in the amount
of $48,014.40; Building Fund (180), in the amount of $11,279.84; 1 Cent Infra Surtax (304),
in the amount of $227,916.17; INFR Sle Srtx Rev Bds2007 (308), in the amount of
$335,690.55; Big Coppitt Wastewater PR (310), in the amount of $18,82739; Duck Key
Wastewater (311), in the amount of $3,115,747.00; Cudjoe Regional (312), in the amount of
$6,500,008.85; Card Sound Bridge (401), in the amount of $6,475.47; Marathon Airport
(403), in the amount of $41,115.01; Key West Intl. Airport (404), in the amount of
$477,660.41; KW AIP Series 2006 Bonds (405), in the amount of $380.04; MSD Solid Waste
(414), in the amount of $1,222,093.66; Worker's Compensation (501), in the amount of
$5,927.07; Group Insurance Fund (502), in the amount of $2,781,502.67; Risk Management
Fund (503), in the amount of $19,278.45; Fleet Management Fund (504), in the amount of
$92,978.81; Fire &EMS LOSAP Trust Fund (610), in the amount of $4,650.00.
Item 04 Board granted approval of Tourist Development Council Expenditures for the
month of per December 2012: Advertising, in the amount of $1,134,513.95; Bricks &
Mortar Projects/Interlocal, in the amount of $126,895.90; Visitor Information Services, in
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the amount $71,754.33; Events, in the amount of $376,001.45; Office Supplies & Oper Costs,
in the amount of $23,300.85; Personnel Services, in the amount of $50,907.77; Public
Relations, in the amount of $117,670.11; Sales & Marketing, in the amount of $97,905.27;
Telephone & Utilities, in the amount of $17,042.31; Travel, in the amount of $15,163.92.
Item 05 Board granted approval to dispose of records pursuant to the State of Florida,
General Records Schedule GS -SL.
Item 07 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item P3 Board granted approval of the annual appointments to the Older Americans
Advisory Board. Said appointments are attached hereto.
Item P4 Board granted approval of the reappointment of James Clupper, Donna Bosold
and Alice Allen in the category of Professional and Ray Rhash in the category of Layperson to
the Historic Preservation Committee for three year terms expiring January 16, 2016.
Item P5 Board granted approval of the reappointment of Edith Zewadski - Bricker to the
South Florida Workforce Investment Board, with a term expiring December 15, 2014.
COUNTY ATTORNEY
Item Q3 Board granted approval of Agreement for Expert Witness Services between
Monroe County Board of County Commissioners and Vernis and Bowling of the Florida Keys,
P.A.
Item Q5 Board granted approval to advertise a public hearing for an Ordinance creating
new section 2 -61 of the Monroe County Code, establishing requirements and procedures for
fingerprinting and background security screening for certain applicants, existing employees,
appointees and independent contractors in security sensitive positions pursuant to Florida's
Statutes Section 125.5801.
Motion carried unanimously.
The Board of County Commissioners meeting adjourned for the Board of Governors for
the Fire and Ambulance District I meeting.
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 Danny Kolhage, Mayor George Neugent,
Commissioner David P. Rice, Councilman Clark Snow and Mayor Norman Anderson.
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Item G2 Motion was made by Commissioner Kolhage and seconded by Commissioner
Rice granting granted approval to enter into a Software License Agreement with EMS
Technology Solutions, LLC, the provider of Ambutrak, for the purchase of software, equipment,
licensing, and training necessary to use Ambutrak a web -based access asset management system
for a first -year initial cost of $10,199, which will be paid for by the EMS award grant from the
bureau of Emergency Services; after 1st year an ongoing cost of $6,720 per year for web access,
service and support, and approval for the Fire Chief to sign all documents as needed to complete
transaction. Motion carried unanimously.
Item G3 Motion was made by Commissioner Rice and seconded by Councilman Snow
granting approval of an Amendment to the Gila LLC d /b /a Municipal Services Bureau ( "MSB ")
Agreement with Monroe County Board of County Commissioners ( "County ") for collections of
outstanding receivables from ground and air ambulance transports. Motion carried unanimously.
There being no fiirther business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
The Board of County Commissioners meeting reconvened with all Commissioners
present.
MISCELLANEOUS BULK APPROVALS
Item C9 Motion was made by Mayor Neugent and seconded by Commissioner Carruthers
granting approval of the Issuance (renewal) of Certificate of Public Convenience and Necessity
(COPCN) to LifeStar Response of Alabama, Inc. d /b /a Care Ambulance (LifeStar /Care
Ambulance) for the operation of an ALS transport ambulance service for the period February 16,
2013 through February 15, 2015, in the City of Key West, Florida. Roll call vote carried
unanimously.
Item C 11 Chief James Callahan addressed the Board concerning approval to enter into a
Software License Agreement with EMS Technology Solutions, LLC, the provider of Ambutrak,
for the purchase of software, equipment, licensing, and training necessary to use Ambutrak a
web -based access asset management system for a first -year initial cost of $10,199, which will be
paid for by the EMS award grant from the bureau of Emergency Services; after 1 st year an
ongoing cost of $6,720 per year for web access, service and support, and approval for the Fire
Chief to sign all documents as needed to complete transaction. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the
item. Motion carried unanimously.
Item C 12 Chief James Callahan addressed the Board concerning approval of an Amendment
to the Gila LLC d /b /a Municipal Services Bureau ( "MSB ") Agreement with Monroe County
Board of County Commissioners ( "County ") for collections of outstanding receivables from
ground and air ambulance transports. After discussion, motion was made by Commissioner
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Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion
carried unanimously.
Item C 17 Peter Horton, Director of Airports addressed the Board concerning approval to
use $5,000 of Key West International Airport operating funds to help support the Naval Air
Station Key West Blue Angels Air Show taking place on March 23 and 24, 2013. This action
will not require the use of any ad valorem taxpayer dollars. After discussion, motion was made
by Commissioner Rice and seconded by Mayor Neugent granting approval of the item. Roll call
vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
DIVISION OF GROWTH MANAGEMENT
Item I1 Jerry Smith, Building Official -Flood Plain Administrator addressed the Board
concerning approval of a request by Beth Kuhnke, for a floodplain variance from the required
11' elevation to 6 '/2 elevation to finished floor in order to allow an unpermitted, illegal ground
level enclosure to be used as living area at property located at 9 Aquamarine Drive Big Coppitt
Key, RE 400155620.000000, currently a violation of Chapter 122 of the Monroe County
Floodplain Management Ordinance. Bob Shillinger, County Attorney addressed the Board. The
following individuals addressed the Board: Alicia Putney, Joyce Newman, and Julie Ann
Kuhnke, owner of the property. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Rice to deny the request. Roll call vote carried unanimously.
Item I2 Rich Jones, Marine Resources Senior Administrator introduced Bill Hunter,
Chairman to the Marine and Port Advisory Committee, who gave a summary of the annual report
from the Marine and Port Advisory Committee (MPAC) as required by MPAC Administrative
Procedures and By -Laws.
Item I3 Rich Jones discussed with the Board the role and duties of the Marine Port
Advisory Committee (MPAC). Bob Shillinger, County Attorney and Christine Hurley, Growth
Management Director addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice that each County Commissioner
appoint a member to the Marine Port Advisory Committee and reduce that number to a workable
group of five. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C 18 Peter Horton, Director of Airports addressed the Board concerning approval to
fund one half of the expense (not to exceed $5,000.00) for a portrait bronze bust of Domingo
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Rosillo, to be placed in the Departures Terminal Building. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item.
Roll call vote carried unanimously.
Item C20 Judy Clarke, Director of Engineering; Kevin Wilson, Senior Director of
Engineering; and Bob Shillinger, County Attorney addressed the Board concerning approval of
Amendment 2 to the Task Order with Amec Environment & Infrastructure, Inc. (AMEC) for
Constriction Engineering and Inspection Services for the Tom's Harbor Channel Bridge Project
to increase the not to exceed task order amount by $79,098. After discussion, the Board decided
to hold the item until after the lunch break.
DIVISION OF GROWTH MANAGEMENT
Item H4 Christine Hurley, Growth Management Director and Bob Shillinger, County
Attorney addressed the Board concerning approval of the Eighth (8th) Amendment to the
agreement for professional services with Keith and Schnars (K &S), P.A., for additional services
to evaluate the Coastal Barrier Resource System (CBRS) Comprehensive Plan policies to
determine whether they add any additional protection to land over and above Comprehensive
Plan and Land Development Regulation (LDR) policies that govern Tier 1 land, including an
analysis of the percentage of land and number of parcels within the CBRS areas by Tier
Designation and whether infrastructure extension to outlying neighborhoods or other platted
areas increases the parcel's likelihood of being able to obtain a favorable recommendation, based
on Tier criteria to change a tier classification from Tier I to Tier II, III, or IIIA. The following
individuals addressed the Board: Kandy Kimble, Alicia Roemmele Putney, representing the
Solar Community of No Name Key; Naja Girard, representing Last Stand; Deb Curlee, Anthony
Harlacher, Joyce Newman, Barton Smith, representing Robert & Juli Reynolds; Sheila Mullins,
and Anne Press. After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Murphy that staff receive input from all the affected parties, come back with a
revised scope of services and revised estimate for the proposed amendment. Motion carried
unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D4 Daniel Samess, President, Marathon Chamber of Commerce addressed the Board
concerning approval of revisions to the TDC Event Funding Policies and Acceptable Event
Marketing Expenses to be incorporated into the Monroe County TDC Operations Manual. After
discussion, motion was made by Commissioner Kolhage and seconded by Commissioner
Murphy granting approval of the item as revised. Motion carried unanimously.
CLOSED SESSION
Item J1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of The Morganti Group, Inc. v. Monroe County, Case No.: 2011 -CA -892 -K. Pursuant
to F. S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations
or strategy sessions related to litigation expenditures. Present at the meeting will be the
Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger;
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Assistant County Attorney Pedro Mercado; Assistant County Attorney Natileene Cassel, special
litigation counsel Ira Libanoff, Esquire; and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Item J2 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Monroe County Board of County Commissioners vs. Gonzalez Architects, et al,
Case No. 07-CA-1428K. Pursuant to F.S. 286.011(8), the subject matter of the meeting shall be
confined to settlement negotiations or strategy sessions related to litigation expenditures. Present
at the meeting will be the Commissioners, County Administrator Roman Gastesi; County
Attorney Bob Shillinger; Assistant County Attorney Pedro Mercado; Assistant County Attorney
Natileene Cassel, special litigation counsel Ira Libanoff, Esquire; and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Item J3 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Christina E. Keegan v. Monroe County, Florida, Case No. 09- CA -893P. Pursuant
to F. S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations
or strategy sessions related to litigation expenditures. Present at the meeting will be the
Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger;
Assistant County Attorney Susan Grimsley; Assistant County Attorney Derek V. Howard;
Assistant County Attorney Steve Williams; and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Item J4 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Galleon Bav Corp. v. Monroe County & State of Florida, Case No. CA -K -02 -595.
Pursuant to F. S. 286.011(8), the subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be
the Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger;
Assistant County Attorney Susan Grimsley; Assistant County Attorney Derek V. Howard;
Assistant County Attorney Steve Williams; and a certified court reporter.
Mr. Shillinger announced that the Attorney - Client Closed Sessions were closed and that
the regular meeting was back in open session.
MISCELLANEOUS BULK APPROVALS
Item C20 Motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers granting approval of Amendment 2 to the Task Order with AMEC Environment &
Infrastructure, Inc. (AMEC) for Constriction Engineering and Inspection Services for the Tom's
Harbor Channel Bridge Project to increase the not to exceed task order amount by $79,098.
Motion carried unanimously.
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Item C21 Judy Clarke, Director of Engineering addressed the Board concerning approval to
negotiate a contract with Infrastructure Management Services, the highest ranked respondent, for
Asphalt Pavement Evaluation and Management Services. If an agreement cannot be reached with
the highest ranked respondent, request approval to negotiate with the next highest ranked
respondent and to continue until a satisfactory negotiation is achieved. After discussion, motion
was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting
approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D6 Motion was made by Commissioner Kolhage and seconded by Commissioner
Rice granting approval to rescind agreement with Matecumbe Historical Trust Corporation
(Grantee) for the District IV fiunding for the Irving R Eyster Historical Museum of the Florida
Keys History project due to Grantee not moving forward with project and requesting rescinding
of fiunding allocation. Motion carried unanimously.
Item D7 Announcement of one vacant position on the Tourist Development Council
District I Advisory Committee for one "At Large" appointment.
DIVISION OF GROWTH MANAGEMENT
Item H7 Bob Shillinger, County Attorney requested that the Board pull the item from
today's agenda concerning the approval to include Attachment "B" Maps of No- Anchoring
Buffer Zones to Ordinance 036 -2012 which due to a scrivener's error was not included at the
time of BOCC approval. Motion was made by Mayor Neugent and seconded by Commissioner
Rice to continue the item. Motion carried unanimously.
Item I4 Motion was made by Commissioner Murphy and seconded by Commissioner
Rice to recruit an additional Code Compliance Officer (budgeted for FY12 -13) to assist in
gaining compliance with requirement to connect to central sewers when systems are available
(e.g. Big Coppitt, Key Largo, etc.). Ronda Norman, Director Code Compliance; and Christine
Hurley, Growth Management Director addressed the Board. Motion carried unanimously.
PUBLIC HEARINGS
Item R4 Christine Hurley, Growth Management Director and Bob Shillinger, County
Attorney addressed the Board concerning the first of two required public hearings to consider an
Ordinance to establish Section 13 0- 13 1 of the Monroe County Code to establish a new overlay
district, and associated regulations in the Land Development Code, the Rockland Key
Commercial Retail Center Overlay District. The following individuals addressed the Board:
Owen Tepanier, representing the owner of the property; Judy Martinez, Alicia Putney, Bart
Smith, representing Charley Toppino & Sons, Inc.; Joyce Newman, Ron Demes, representing
NAS Key West; Dr. Sandy Shultz, Don Riggs, representing M -10 Coalition; Deb Curlee, Bill
01/16/2013 Page 13
Hunter, representing Sugarloaf Shores Property Owner's Association; Steve Henson,
representing Rockland Investment Corporation; Michael Halpern.
Item S 1 The following individuals addressed the Board concerning approval of a
Resolution renewing the intent to use the uniform method to collect non -ad valorem special
assessments toward the cost of providing wastewater utility services to properties in Stock
Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Duck
Key, Long Key, and 3 parcels on Boca Chica. The resolution protects the option for levying the
assessment in 2013 for properties benefiting from wastewater service; Beth Ramsay - Vickrey and
Bill Hunter, representing Sugarloaf Shores Property Owners Association; and Mary Bakke.
Kevin Wilson, Senior Director of Engineering addressed the Board. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 017 -2013
Said Resolution is incorporated herein by reference.
Item R1 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Code Section 26 -1, to reinsert the definition for "Commercial Lobster Season"
that was inadvertently omitted upon adoption of Ordinance 002 -2011 on 1/19/2011; amending
Section 26 -96 adding language to provide for enforcement of this section in incorporated and
unincorporated Monroe County to the extent that no conflict exists with a municipal ordinance;
and deleting Section 26 -98(c) to remove the sunset date of 8/31/2012 to continue the prohibition
against diving or snorkeling in any manmade water body or marina, or within 300 ft. of an
improved residential or commercial shoreline, beginning three (3) days prior to the opening of
and during the entirety of the lobster mini- season and for the first five (5) days of commercial
lobster season. The following individual addressed the Board: Bill Hunter, representing
Sugarloaf Shores Property Owners Association. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy to adopt the following Ordinance.
Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
Motion carried.
ORDINANCE NO. 001 -2013
Said Ordinance is incorporated herein by reference.
WASTEWATER
Item M1 Kevin Wilson, Director of Public Works & Engineering addressed the Board
concerning direction, and possible approval of expansion of the Cudjoe Service Area to include
01/16/2013 Page 14
neighborhoods not already included in the central service area. The following individuals
addressed the Board: Suzanne Seagle, representing Little Palm Island; Beth Ramsey - Vickrey
and Paul Patterson. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Carruthers granting approval of staff recommendation as included in the
recommendation memo (revised backup provided before the meeting by e -mail and handed out
at the meeting) dated 14 January 2013 to include two specified inner island expansion areas and
five specified outer island expansion areas. Board also gave direction for staff to identify ways
to allow expansion area properties to continue operation of their existing BAT systems as long as
they are in compliance with their permits and meet the performance standards. The discussion
included confirmation from the Aqueduct Authority that these approved areas were expected to
be the small pipe system inte areas such as Long Beach Road and the expansion of the Sugarloaf,
etc. Motion carried unanimously. Bob Shillinger, County Attorney addressed the Board.
Item M2 Bob Shillinger, County Attorney addressed the Board concerning direction to
staff regarding contractor protests regarding the FKAA's award of contracts to constrict the
Cudjoe regional wastewater inner and outer island collection and transmission systems. The
following individual addressed the Board: Brice King, representing Globetec. Motion was
made by Commissioner Murphy and seconded by Commissioner Kolhage giving authority to the
County Attorney to intervene with respect to any kind of litigation that would arise from the bid
protest in order to protect the County's interest. Roll call vote carried unanimously.
STAFF REPORTS
Item E7 Public Works: Rhonda Haag, Sustainability Program Manager addressed the
Board concerning canal restoration. Roman Gastesi, County Administrator addressed the Board.
COMMISSIONERS' ITEMS
Item N11 Annalise Mannix, representing Fair Insurance Rates in Monroe (FIRM) gave an
update on Citizens Property Insurance Corp funded Windstorm Risk Remodeling and Analysis
Initiative through a power point presentation.
DIVISION OF GROWTH MANAGEMENT
Item H5 Christine Hurley, Growth Management Director addressed the Board concerning
approval to clarify and extend the reservations of forty -six (46) affordable housing allocations
for the Islander Village Project located on Fifth Avenue, Stock Island for an employee housing
project. The following individual addressed the Board: Ed Swift. After discussion, motion was
made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following
Resolution to extend the reservations and to remove the word clarify from the document. Motion
carried unanimously.
RESOLUTION NO. 018 -2013
Said Resolution is incorporated herein by reference.
01/16/2013 Page 15
PUBLIC HEARINGS
Item R2 A Public Hearing was held to consider adoption of an Ordinance to establish
Section 101 -6 of the Monroe County Code to create regulation addressing and requiring
ownership disclosures. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 002 -2013
Said Ordinance is incorporated herein by reference.
Item R3 A Public Hearing was held to consider adoption of an Ordinance to amend
Section 114 -67(c) of the Monroe County Code in order to modify off - street parking
requirements. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 003 -2013
Said Ordinance is incorporated herein by reference.
Mayor Neugent excused himself from the meeting.
Item R5 A Public Hearing was held to consider adoption of an Ordinance amending
Section 130 -160 of the Monroe County Code, Transferable Development Rights to revise the
Land Development Regulations to be consistent with the Comprehensive Plan and to clarify the
application and approval process for the transfer of a Transferable Development Right (TDR).
There was no public input. Christine Hurley, Growth Management Director addressed the
Board. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to
adopt the following Ordinance. Motion carried unanimously, with Mayor Neugent not present.
ORDINANCE NO. 004 -2013
Said Ordinance is incorporated herein by reference.
Mayor Neugent returned to meeting and took his seat.
Item R6 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Land Development Code (LDC) Chapter 102, Administration, Article III,
Nonconformities, to allow nonconforming water - dependent and water - related commercial uses
and strictures to rebuild pre - existing uses and strictures if denoted as a primary source of
economic sustainability and addressed in the Key Largo and Tavernier CommuniKeys Plans and
updating the existing provision related to the registration of nonconforming uses and strictures.
There was no public input. Christine Hurley, Growth Management Director addressed the
Board. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice to adopt the following Ordinance with an amendment under Section 102 -59
(page 6 of 7) Nonconforming signs, parking, landscaping, lighting, access, and bufferyards. The
01/16/2013 Page 16
second line where it reads September 15, 1989 needs to be changed to read September 15, 1986.
Motion carried unanimously.
ORDINANCE NO. 005 -2013
Said Ordinance is incorporated herein by reference.
Item R7 A Public Hearing was held to consider adoption of a County Ordinance amending
Section 17 -2 and Section 25 -35 and creating Section 17 -6, of the Monroe County Code to further
clarify prohibition and enforcement regarding the parking and storage of vehicles and watercraft
and /or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and
rights -of -ways, on private property and in residential districts throughout Monroe County. There
was no public input. Motion was made by Commissioner Rice and seconded by Commissioner
Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 006 -2013
Said Ordinance is incorporated herein by reference.
Item R8 A Public Hearing was held to satisfy public input grant application requirements
and to consider approval of a resolution authorizing the signing and submission for a Florida
Department of Transportation (FDOT) Section 5310 Capital Assistance Grant for the purpose of
purchasing a para- transit vehicle (bus) to serve the transportation needs of the elderly and
persons with disabilities in Monroe County and acceptance of any subsequent grant awards.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
STAFF REPORTS
Item E6 Growth Management: Christine Hurley, Growth Management Director updated
the Board on the following: $1.5 million in reserves was budgeted this year, half will go to boat
ramp repair and the other amount is for mooring field development. Her department is working
on a scope of work for a feasibility study, with a plan to evaluate three sites: Buttonwood Sound,
Jewfish Creek and Boca Chica Basin for there potential. She advised that the Board of two
audits taking place: ISO audit of the Building Department and the FEMA audit of the Permit
Referral Process.
INFORMATION TECHNOLOGY
Item K1 Bob Ward, Director Information Technology gave a power point presentation on a
stipend plan for County employees' cellular telephones.
MONROE COUNTY SHERIFF DEPARTMENT
Item L1 Motion was made by Commissioner Murphy and seconded by Commissioner
Rice granting approval of the request of the Board of County Commissioners to renew an
01/16/2013 Page 17
Interlocal Agreement with the Monroe County Sheriff s Office regarding funding for the
Intensive Delinquency Diversion Services program. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item P1 Roman Gastesi, County Administrator announced that the libraries website has
surpassed two million hits this month. Mr. Gastesi advised the Board of a trip to Pinellas County
on Friday for a RESTORE Act meeting, next Tuesdays trip to Tallahassee for the initial trip for
this year's session, and that Thursday is the 750 in Miami.
Item P2 Motion was made by Mayor Neugent and seconded by Commissioner Kolhage
granting approval of the Agreement between Monroe County and Cardenas Partners, LLC for the
term of one (1) year. Motion carried unanimously.
Item P6 Lisa Tennyson, Grants Administrator referred the Board to the Draft Revised
Monroe County Legislative Priorities 2013, dated Jannary 16, 2013. Roman Gastesi, County
Administrator and Bob Shillinger, County Attorney addressed the Board. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Rice granting
approval of the item. Motion carried unanimously.
COUNTY ATTORNEY
Item Q1 Bob Shillinger, County Attorney addressed the Board concerning a letter received
from the Property Appraiser, regarding an election item for an additional opportunity to grant
homestead exemption for long term residents of their property, they have to be over sixty -five,
they have to earn under $27,000 (and change) and the house has to be valued under $250,000.
Mr. Shillinger advised that this action takes an Ordinance by the Board to adopt this item.
Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy directing
the County Attorney to come back with an Ordinance on this issue. Motion carried
unanimously.
Item Q2 Bob Shillinger, County Attorney addressed the Board regarding the County's
current practice requiring County Commissioners and Constitutional Officers to purchase
Elected Official Bonds and direction to staff Motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy granting approval of staff recommendations to amend
Ordinance No. 055 -2000. Motion carried unanimously.
COMMISSIONERS' ITEMS / COUNTY CLERK
Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage
granting approval of the following two items:
Item N10 Approval of Public Official Bond for Monroe County Commissioner Danny L.
Kolhage, District 1.
01/16/2013 Page 18
Item 06 Approval of the Public Official Bond for Amy Heavilin, Cleric of the Circuit
Court.
Motion carried unanimously.
COUNTY ATTORNEY
Item Q4 Motion was made by Commissioner Rice and seconded by Commissioner
Carruthers granting approval of staff recommendation to make or accept a settlement offer in
Keegan v. Monroe County crud ,State of Florida, 9- CA -893P. Motion carried unanimously.
BUDGET & FINANCE
Item T 1 Lisa Tennyson, Grants Administrator, Bob Shillinger, County Attorney and
Roman Gastesi, County Administrator addressed the Board and requested direction for
RESTORE Act local advisory committee. The Board made the following Decision points:
• Model 44: Yes
• 11 members: Yes
• 11 member to be appointed by Gulf Consortium Director: Yes
• All members to be residents of Monroe: Yes
• Commissioner appointees must be from Commissioner Districts: No
• Members may or may not represent entities that will apply for funding: they may
• Members may be elected officials: Yes
• Appointment terms: One year with no term limits.
• Technical Advisors: Should be determined by the kinds of expertise and qualifications
we need to have fulfilled. The municipalities can make there own decisions.
Ms. Tennyson will bring the item back to the Board for further discussion with regard to some points
that remain vague or undecided along with a draft Resolution.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
01/16/2013 Page 19
OLDER AMERICAN ADVISORY BOARD
Lower Keys Chapter #1351. 295 -5165
Bia Pine Chapter #2466
Darlene Bennett, President
Jim Olsen, President
619 Mickens Lane
340 Les Rhode Drive
Key West, FL 33040
Ramrod Key, FL 33042
Home) 294 -1296
Phone) 872 -5755
Franc1513(Daol.com
*Replacing Isabelle Condella
Shirley Wagner
29250 Chickasaw St.
Frances Carlisle
Big Pine Key, FL 33043
15135 th Street
Phone) 872 -0825
Key West, FL 33040
Phone) 292 -2159
James Wagner
Franc1513(cDaol.com
29250 Chickasaw St.
Big Pine Key, FL 33043
Terri Gedmin Phone) 872 -0825
3314 Northside Drive #71
Key West, FL 33040 Bob Davis
25083 Hunt Lane Summerland
Home) 293 -9190 Cell) 923 -0431
gedmin(aDusa.net Key, FL 33042
rpd a(Dbellsouth.net
*Replacing Margaret Gil Phone) 745 -4202
Mary Ann Causley
1511 18 Terrace
Key West, FL 33040
Home) 296 -2696
causley1 a(Dbellsouth.net
Richard Overmann
215 Amelia St. Apt 3
Key West, FL 33040
ridiverCc-)amail.com
Phone) 294 -5890
01/16/2013 Page 20
Middle Keys Chapter #2324. 743 -4008 Upper Keys Chapter #2519
Pam Martin, President Pam Martin, President
217 Coral Road 217 Coral Road
Islamorada, FL 33036 Islamorada, FL 33036
Phone) 853 -0907 Phone) 853 -0907
pmflkeys(Daol.com pmflkeys(Daol.com
Henry Bikofsky
Marvin Glade
1123 Calle Ensenada
214 Apache Street
Marathon, FL 33050
Tavernier, FL 33070
Phone) 743 -8171
Phone) 853 -0054
hankbfkey(Daol.com
marv7g(Daol.com
Bob Rehbock
John Grech
8402 Gulf of Mexico Blvd.
591 Boyd Drive
Marathon, FL 33050
Key Largo, FL 33037
Phone) 743 -2806
Phone) 451 -1824
bobrehbock(Dyahoo.com
Idgrec(cDbellsouth.net
Claudia Baker
Diana Ross
311 Calzada De Bougainvillea
716 N. Emerald Drive
Marathon, FL 33050
Key Largo, FL 33037
Home) (305)743 -8761
Phone) 853 -5152
crazycloda.bellsouth.net
imokyallagmail.com
Julia Vidulich
107 Avenue D #210
Marathon, FL 33050
Phone) 743 -9079
Jvid1948(Dyahoo.com
Rej Saumure
5409 Overseas Highway, Box 246
Marathon, FL 33050
(941)416 -7286
reisaumure(D live. com
01/16/2013 Page 21