02/20/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 20, 2013
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Murray Nelson 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 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 Mayor's Proclamation declaring April 7, 2013 as Youth Success
Day in Monroe County and Parents and Children's Day in Monroe County in support of the most
important institution in Florida — the family.
Item B2 Presentation of Mayor's Proclamation declaring March 2013 as American Red
Cross Month and recognizing the American Red Cross for its essential humanitarian role in our
community of Monroe County.
Item B3 Presentation of Mayor's Proclamation declaring February 22, 2013 as FKCC's
Presidential Inauguration Day and whereas, the College has dedicated itself to educating and
serving the community for 47 years.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Mayor Neugent
granting approval of the following items by unanimous consent:
Item C1 Board granted approval of Amendment 001 to Contract US -1351 between the
Alliance for Aging, Inc. and Monroe County Board of County Commissioners. This amendment
increases the reimbursement unit rate from $.68 to $.72 cents, retroactive to October 1, 2012.
02/20/2013 Pagel
Item C2 Board granted approval of Amendment 4001 of the Alliance for Aging, Inc
Standard Contract, Older Americans Act (OAA) Contract AA -1329 between the Alliance For
Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In
home and nutrition programs) for the current contract period of 1/1/13 to 12/31/13.
Item C3 Board granted approval to rescind superfluous language asking for approval of a
Resolution authorizing the signing and submission for a Florida Department of Transportation
(FDOT) Section 5310 Capital Assistance Grant from the 1/16/13 BOCC meeting.
Item C4 Board granted approval of First Amendment to the Professional Services
Agreement between Monroe County and FTI Consulting, Inc.
Item C5 Board granted approval of Contract Renewal Agreement with Gardens of Eden of
the Florida Keys, Inc. for landscaping services at the Key West International Airport.
Item C6 Board granted approval of First Amendment between Monroe County and Pedro
Falcon Electrical Contractors, Inc.
Item C7 Board adopted 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. 019 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 020 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 021 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 022 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 023 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 257 -2012 (OMB Schedule Item No. 6).
RESOLUTION NO. 024 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 2
Amending Resolution No. 272 -2012 (OMB Schedule Item No. 18).
RESOLUTION NO. 036 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 273 -2012 (OMB Schedule Item No. 19).
RESOLUTION NO. 037 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 275 -2012 (OMB Schedule Item No. 20).
RESOLUTION NO. 038 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 278 -2012 (OMB Schedule Item No. 21).
RESOLUTION NO. 039 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 279 -2012 (OMB Schedule Item No. 22).
RESOLUTION NO. 040 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 041 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 042 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 043 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 044 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 280 -2012 (OMB Schedule Item No. 27).
RESOLUTION NO. 045 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 281 -2012 (OMB Schedule Item No. 28).
RESOLUTION NO. 046 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 4
Amending Resolution No. 258 -2012 (OMB Schedule Item No. 7).
RESOLUTION NO. 025 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 260 -2012 (OMB Schedule Item No. 8).
RESOLUTION NO. 026 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 262 -2012 (OMB Schedule Item No. 9).
RESOLUTION NO. 027 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 263 -2012 (OMB Schedule Item No. 10).
RESOLUTION NO. 028 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 264 -2012 (OMB Schedule Item No. 11).
RESOLUTION NO. 029 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 265 -2012 (OMB Schedule Item No. 12).
RESOLUTION NO. 030 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 266 -2012 (OMB Schedule Item No. 13).
RESOLUTION NO. 031 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 267 -2012 (OMB Schedule Item No. 14).
RESOLUTION NO. 032 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 268 -2012 (OMB Schedule Item No. 15).
RESOLUTION NO. 033 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 270 -2012 (OMB Schedule Item No. 16).
RESOLUTION NO. 034 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 271 -2012 (OMB Schedule Item No. 17).
RESOLUTION NO. 035 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 3
Amending Resolution No. 286 -2012 (OMB Schedule Item No. 29).
RESOLUTION NO. 047 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 287 -2012 (OMB Schedule Item No. 30).
RESOLUTION NO. 048 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 049 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 311 -2012 (OMB Schedule Item No. 32).
RESOLUTION NO. 050 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 288 -2012 (OMB Schedule Item No. 33).
RESOLUTION NO. 051 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 289 -2012 (OMB Schedule Item No. 34).
RESOLUTION NO. 052 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 290 -2012 (OMB Schedule Item No. 35).
RESOLUTION NO. 053 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 291 -2012 (OMB Schedule Item No. 36).
RESOLUTION NO. 054 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 292 -2012 (OMB Schedule Item No. 37).
RESOLUTION NO. 055 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 293 -2012 (OMB Schedule Item No. 38).
RESOLUTION NO. 056 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 295 -2012 (OMB Schedule Item No. 39).
RESOLUTION NO. 057 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 5
Amending Resolution No. 297 -2012 (OMB Schedule Item No. 40).
RESOLUTION NO. 058 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 301 -2012 (OMB Schedule Item No. 41).
RESOLUTION NO. 059 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 302 -2012 (OMB Schedule Item No. 42).
RESOLUTION NO. 060 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 303 -2012 (OMB Schedule Item No. 43).
RESOLUTION NO. 061 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 304 -2012 (OMB Schedule Item No. 44).
RESOLUTION NO. 062 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 305 -2012 (OMB Schedule Item No. 45).
RESOLUTION NO. 063 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 308 -2012 (OMB Schedule Item No. 46).
RESOLUTION NO. 064 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 309 -2012 (OMB Schedule Item No. 47).
RESOLUTION NO. 065 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 298 -2012 (OMB Schedule Item No. 48).
RESOLUTION NO. 066 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution NO. 299 -2012 (OMB Schedule Item No. 49).
RESOLUTION NO. 067 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 312 -2012 (OMB Schedule Item No. 50).
RESOLUTION NO. 068 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 6
Amending Resolution No. 316 -2012 (OMB Schedule Item No. 51).
RESOLUTION NO. 069 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 315 -2012 (OMB Schedule Item No. 52).
RESOLUTION NO. 070 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 314 -2012 (OMB Schedule Item No. 53).
RESOLUTION NO. 071 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 318 -2012 (OMB Schedule Item No. 54).
RESOLUTION NO. 072 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 320 -2012 (OMB Schedule Item No. 55).
RESOLUTION NO. 073 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 56).
RESOLUTION NO. 074 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 57).
RESOLUTION NO. 075 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 58).
RESOLUTION NO. 076 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 59).
RESOLUTION NO. 077 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 60).
RESOLUTION NO. 078 -2013
Said Resolution is incorporated herein by reference.
Amending Resolution No. 361 -2012 (OMB Schedule Item No. 61).
RESOLUTION NO. 079 -2013
Said Resolution is incorporated herein by reference.
02/20/2013 Page 7
Amending Resolution No. 360 -2012 (OMB Schedule Item No. 62).
RESOLUTION NO. 080 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 63).
RESOLUTION NO. 081 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 64).
RESOLUTION NO. 082 -2013
Said Resolution is incorporated herein by reference.
Item C8 Board granted approval to renew Buccaneer Courier Contract for 5th and 6th year
of original 6 year Contract and approval to amend Exhibit A of the Contract to include the
monthly rate /stop. This renewal will cover the period from March 16, 2013 thri March 15, 2015.
Item C9 Board granted approval of exception to 2.02B of the Personnel Policy and
approval to create a new position to be occupied for up to four months to allow for the
replacement of the current Grants Analyst in OMB.
Item C 10 Board adopted the following Resolution adopting the Monroe County 2012
Co»zprehensive E»mergencv Management Plan ((EMP) .
RESOLUTION NO. 083 -2013
Said Resolution is incorporated herein by reference.
Item C 12 Board granted approval of an exception to 2.02B of the Personnel Policy and
approval to create a new position to be occupied for up to three months to allow for the hiring of
a replacement for the Supervisor Constriction Inspection —Roads position in Marathon
(PWENG015).
Item C 14 Board granted approval to advertise a Request for Qualifications (RFQ) for
Constriction Engineering and Inspection (CEI) Services for the #904310 Old SR 940 Leg A
(Watson Boulevard) Bridge Repair project. The project is funded through a Local Agency
Program (LAP) Agreement with Florida Department of Transportation (FDOT).
Item C 15 Board granted approval of Change Order 41 to relocate a waterline that conflicts
with the Doctor's Arm Culvert Repairs project.
Item C 16 Board granted approval of an exception to 2.02B of the Personnel Policy and
approval to create a new position to be occupied for up to four months to allow for the hiring of a
replacement for the Director of Project Management position in Key West (CAPM012).
Item C 17 Board granted approval of Grant of Easement from Monroe County to Utility
Board of Key West, on that portion of MacDonald Avenue which was abandoned in order to
build the new Stock Island Fire Station.
02/20/2013 Page 8
Item C 18 Board granted approval of a Third Amendment to Contract with Bender &
Associates Architects, P.A. for Stage 4 of the East Martello Tower Masonry Restoration. This
project is frilly funded through the Monroe County Tourist Development Council.
Item C 19 Board granted approval of a Third Amendment to Contract with Bender &
Associates Architects, P.A. for Stage 4 of the West Martello Tower Masonry Restoration. This
project is frilly funded through the Monroe County Tourist Development Council.
Item C20 Board granted approval of a Third Amendment to the Agreement with
Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar Restoration at the East
Martello Tower. This project is frilly funded through the Monroe County Tourist Development
Council (TDC).
Item C21 Board granted approval of a Third Amendment to the Agreement with
Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar Restoration at the West
Martello Tower. This project is frilly funded through the Monroe County Tourist Development
Council (TDC).
Item C22 Board granted approval to reject the proposal for the Roof Replacement at the
Lancelot Lester Justice Building, and approval to re- advertise a Request for Proposal.
Item C24 Board granted approval of the Receipt of Monthly Report on Change Orders
reviewed by the County Administrator's Office. Said report is incorporated herein by reference.
Item C25 Board granted approval for the County Administrator or his designee to execute
the State Revolving Fund Application for the Cudjoe Regional System.
Item C27 Board granted approval of Agreement with Congressman Joe Garcia for office
space, Room 1 -213 at the Gato Building in Key West, FL.
Item C28 Board granted approval for staff to negotiate an Agreement with Siemens
Industry, Inc. for the Fire Detection and Alarm System Replacement at the Monroe County
Detention Center on Stock Island. If agreement is not attained, then provide approval to
advertise and rebid the project.
Item C29 Board granted approval to amend and exercise first option to renew the Contract
with Master Mechanical Services, Inc. for central air conditioning maintenance and repair for
Upper Keys Facilities.
Item C31 Board granted approval of Amendment 4002 of the Alliance for Aging, Inc
Standard Contract, Older Americans Act (OAA) Contract AA -1329 between the Alliance For
Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In-
Home and Nutrition programs) for the current contract period of 1/1/13 to 12/31/13.
02/20/2013 Page 9
Item C32 Board granted approval of Amendment 4003 of the Alliance for Aging, Inc.
Standard Contract, Older Americans Act (OAA) Contract AA -1329 between the Alliance for
Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In-
Home and Nutrition Programs) for the current contract period of 1/1/13 to 12/31/13.
Item C33 Board granted approval of a Participating Addendum under the Western States
Contracting Alliance Wireless (WSCA) Communication Services and Equipment Bid Number
RFP:4S1907 between Monroe County BOCC and AT &T Mobility National Accounts LLC for
cellular telephone voice, data and other services total cost of $106,384.00 per year.
Item C34 Board granted approval of the Low Income Home Energy Assistance Program
Federally Funded Sub Grant Agreement Number 13 EA- 01 11 -54 -01 -019 between Monroe
County Board of County Commissioners (Community Services /Social Services) and the State of
Florida, Department of Economic Opportunity for the provision of funds to pay electric bills for
low income clients.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board adopted the following Resolution to provide for additional advance
registration, booth related expenses and travel related expenses for trade shows for the Fiscal
Year 2014 to be paid from TDC funds in Fiscal Year 2013.
RESOLUTION NO. 084 -2013
Said Resolution is incorporated herein by reference.
Item D2 Board granted approval to rescind the Agreement with BH/NV Hawk's Cay
Property Holdings, LLC, d /b /a Hawk's Cay Resort for the Christmas in the Keys Celebration in
December 2013 due to the funding allocation being declined by the Event Sponsor.
Item D3 Board granted approval to advertise a Request for Applications for Fiscal Year
2014 Destination and Turnkey Event Funding.
Item D4 Board granted approval to advertise a Request for Applications for Fiscal Year
2014 Capital Project Funding.
Item D5 Board granted approval of a revised Fishing Umbrella Event Funding Application
to be incorporated into the TDC Operations Manual.
Item D6 Board adopted the following Resolution transferring funds.
RESOLUTION NO. 085 -2013
Said Resolution is incorporated herein by reference.
Item D7 Board granted approval of Turnkey event logo language.
02/20/2013 Page 10
Item D8 Board granted approval of an Amendment to Agreement with Islamorada
Charterboat Association, Inc. to revise date of event for the Islamorada Dolphin Tournament
from May /June 2013 to July 2013.
DIVISION OF GROWTH MANAGEMENT
Item I1 Board adopted the following four Resolutions providing for Administrative Relief
for John W. & Glenda Akins and John K. Akins R/S awarded at the Public Hearings on
December 12, 2012 for parcels numbered 00310280 - 000000, 00310260- 0000000, 00310220-
000000 and 00310240 - 000000, as follows:
RESOLUTION NO. 086 -2013
Said Resolution is incorporated herein by reference.
RESOLUTION NO. 087 -2013
Said Resolution is incorporated herein by reference.
RESOLUTION NO. 088 -2013
Said Resolution is incorporated herein by reference.
RESOLUTION NO. 089 -2013
Said Resolution is incorporated herein by reference.
Item I2 Board granted approval of Amendment No. 1 to the August 17,2011, Marina
Siting Plan Inter -Local Agreement (ILA) between Monroe County and South Florida Regional
Planning Council (SPRPC) extending the deadline for the deliverables to March 31, 2014. No
additional funding is requested.
Item I3 Board adopted the following Resolution by the Monroe County Board of County
Commissioners approving the 2012 Annual Public Facilities Capacity Assessment Report.
RESOLUTION NO. 090 -2013
Said Resolution is incorporated herein by reference.
Item I4 Board granted approval of Work Order 45 in the amount of $60,188.24 to URS
Corporation Southern (URS) under their Transportation Planning Continuing Services Contract
to complete the 2013 US 1 Arterial Travel Time and Delay Study.
Item I5 Board adopted the following Resolution by the Monroe County Board of County
Commissioners amending the Building Department Fee Schedule to add commercial stormwater
fee for environmental review; clarify renewal fee as re -open fee; and remove an emergency
Certificate of Occupancy fee.
RESOLUTION NO. 091 -2013
Said Resolution is incorporated herein by reference.
Item I6 Board adopted the following Resolution authorizing Code Compliance Inspector
Shannon Vasko, to issue citations for disposition in County Court.
RESOLUTION NO. 092 -2013
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Item K1 Board granted approval of a request for expenditure from the Law Enforcement
Trust Fund, as follows:
$3,000 — KWHS Girls Softball Team: to help cover expenses.
Item K2 Board granted approval of the First Amendment to the Memorandum of
Understanding dated April 18, 2012, regarding Fiscal Year 2010 Urban Area Security Initiative
( "UASI ") funds, to grant the Monroe County Sheriff s Office $156,720.49 that was approved by
the BOCC on April 18, 2012. The Total UASI Grant amount of $313,440.99 will be used to
purchase emergency management equipment, as well as, other equipment approved by the
granting agency.
Item K3 Board granted approval to submit DCF Criminal Justice Mental Health and
Substance Abuse Reinvestment Grant /Application or Advance Funding for the "Third Year"
COMMISSIONERS' ITEMS
Item L1 Board granted approval of Mayor Neugent's reappointment of Chris Bergh to the
Climate Change Advisory Committee, with a term sun setting October 1, 2013.
Item L2 Board granted approval of Mayor Neugent's reappointment of David Tuttle to the
Climate Change Advisory Committee, with a term sun setting October 1, 2013.
Item L5 Board granted approval of Commissioner Kolhage's reappointment of William
Hunter to the Climate Change Advisory Committee, with a term sun setting October 1, 2013.
Item L6 Board granted approval of Commissioner Kolhage's reappointment of Don Riggs
to the Climate Change Advisory Committee, with a term sun setting October 1, 2013.
Item L7 Board granted approval of Commissioner Murphy's appointment of Vicki
Boguszewski to the Climate Change Advisory Committee to fulfill the term of Tom Genvese,
with a term expiring March 16, 2013.
COUNTY CLERK
Item M2 Board granted official approval of the Board of County Commissioners minutes
from the December 11, 2012 Special Meeting and the December 12, 2012 Regular Meeting
(previously distributed).
02/20/2013 Page 12
Item M3 Board granted approval of the following Warrants: (107321- 107340 & 583671-
584679): General Fund (001), in the amount of $2,269,754.87; Fine & Forfeiture Fund (101),
in the amount of $6,420,710.16; Road and Bridge Fund (102), in the amount of $117,253.26;
TDC District Two Penny (115), in the amount of $197,564.36; TDC Admin. & Promo 2 Cent
(116), in the amount of $602,231.58; TDC District 1,3 Cent (117), in the amount of
$632,338.06; TDC District 2,3 Cent (118), in the amount of $63,532.25; TDC District 3,3
Cent (119), in the amount of $143,928.91; TDC District 4,3 Cent (120), in the amount of
$33,054.94; TDC District 5,3 Cent (121), in the amount of $131,454.29; Gov. Fund Type
Grants (125), in the amount of $353,765.57; Impact Fees Roadways (130), in the amount of
$39,448.71; Fire & Amb District 1 L &M Keys (141), in the amount of $171,240.78; Upper
Keys Health Care (144), in the amount of $1,113.17; Uninc Svc Dist Parks & Rec (147), in
the amount of $44,654.78; Plan, Build, Zoning (148), in the amount of $71,302.89; Municipal
Policing (149), in the amount of $1,005,686.71; 911 Enhancement Fee (150), in the amount of
($58.98); Duck Key Security (152), in the amount of $3,968.00; Local Housing Assistance
(153), in the amount of $9,815.99; Boating Improvement Fund (157), in the amount of
$7,106.14; Misc. Special Revenue Fund (158), in the amount of $17,939.63; Environmental
Restoration (160), in the amount of $9,626.19; Law Enforcement Trust (162), in the amount
of $3,500.00; Court Facilities Fees -602 (163), in the amount of $29,446.20; Drug Abuse Trust
(164), in the amount of $1,844.93; Stock Island Wastewater (171), in the amount of $587.50;
Building Fund (180), in the amount of $6,089.98; 2003 Revenue Bonds (207), in the amount of
$255.00; 1 Cent Infra Surtax (304), in the amount of $8,532.93; INFR Sle Srtx Rev Bds2007
(308), in the amount of $314,363.51; Big Coppitt Wastewater PR (310), in the amount of
$4,288.75; Duck Key Wastewater (311), in the amount of $998.75; Cudjoe Regional (312), in
the amount of $6,518,000.00; Card Sound Bridge (401), in the amount of $4,697.20;
Marathon Airport (403), in the amount of $11,870.98; Key West Intl. Airport (404), in the
amount of $319,802.73; KW AIP Series 2006 Bonds (405), in the amount of $1,869.71; MSD
Solid Waste (414), in the amount of $1,171,658.55; Worker's Compensation (501), in the
amount of $18,460.05; Group Insurance Fund (502), in the amount of $956,583.97; Risk
Management Fund (503), in the amount of $103,320.30; Fleet Management Fund (504), in
the amount of $85,198.14.
Item M4 Board granted approval of Tourist Development Council Expenditures for the
month of January 2013: Advertising, in the amount of $1,148,544.28; Bricks & Mortar
Projects/Interlocal, in the amount of $105,77539; Visitor Information Services, in the amount
$79,29433; Events, in the amount of $57,764.27; Office Supplies & Oper Costs, in the amount
of $25,100.01; Personnel Services, in the amount of $196,748.12; Public Relations, in the
amount of $90,475.84; Sales & Marketing, in the amount of $70,111.14; Telephone &
Utilities, in the amount of $16,923.85; Travel, in the amount of $16,419.20.
Item M5 Board granted approval to dispose of records pursuant to the State of Florida,
General Records Schedule GS1 -SL.
Item M6 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
02/20/2013 Page 13
COUNTY ADMINISTRATOR
Item N4 Board granted approval of Grant Agreement S0640 from the Florida Department
of Environmental Protection (FDEP) for funding of work to perform bathymetric surveys and
collection and analysis of soil samples to help determine the costs of implementing the canal
restoration strategies being developed under the county -wide Canal Improvements Management
Master Plan. The project will be funded by of funds provided by the Florida Department of
Environmental Protection.
Item N5 Board granted approval of a Task Order with AMEC Environmental &
Infrastructure, Inc. under the On -Call Professional Engineering Services Contract to perform
bathymetric surveys and collect and analyze soil samples to help determine the costs of
implementing the canal restoration strategies developed under the county -wide Canal
Improvements Management Master Plan. The project will be funded by funds provided by the
Florida Department of Environmental Protection.
Item N6 Board granted approval of Interlocal Agreement Amendment No. 3 with the City
of Key West related to their joint participation with the County under the State Energy Grant
Agreement from the Florida Energy and Climate Commission (Grant No. 17522). This
Amendment No. 3 retroactively modifies the termination date, payment terms, and deliverable
dates under the Interlocal Agreement, at no cost to the County. This approval also revokes a
former Amendment No. 3 which contained a scrivener's error.
Item N7 Board granted approval of an Interlocal agreement regarding the distribution of
the second year allocation of State funding through the Save Our Everglades Trust Fund.
COUNTY ATTORNEY
Item 03 Board granted approval to advertise a public hearing to consider an ordinance
amending Monroe County Code Chapter 2, Article III, Division 7, Sec. 2 -202, Quasi - Judicial
Proceedings, clarifying that Monroe County, as allowed pursuant to F.S. 286.0115, is officially
adopting by ordinance the statutory requirements set forth in F.S. Sec. 286.0115(1)(c ) removing
the presumption of prejudice in quasi —judicial proceedings by disclosure of ex parte
communications, as well as ensuring that the BOCC Administrative Procedures are amended to
reflect the Monroe County Code.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C 13 Judy Clarke, Director of Engineering addressed the Board concerning approval of
Change Order 42 to the Contract with American Bridge Company for the Tom's Harbor Channel
Bridge Repair Project to increase the contract amount by $409,528.21 to pay for direct costs
associated with the increased maintenance of traffic system that was required by Florida
Department of Transportation (FDOT) and extend the constriction contract period by 208 days.
02/20/2013 Page 14
After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers granting approval of the item. Motion carried unanimously.
Item C23 Roman Gastesi, County Administrator and Kevin Wilson, Senior Director of
Engineering addressed the Board concerning approval to request an extension of a State - Funded
Subgrant Agreement, with BOCC confirmation, with the State of Florida Division of Emergency
Management for the purpose of constricting a new County Emergency Operations Center
(EOC). Total funding from the grant is $2,845,883 of which $849,317 has been spent towards
the design phase. The constriction phase is estimated at approximately $11.6 million. After
discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice
granting approval of the item. 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, Commissioner David P. Rice, Mayor
George Neugent, Councilman Clark Snow and Councilwoman Kate Scott.
Item G2 Chief James Callahan addressed the Board concerning approval to award the
Consultant Contract reviewing the billing and collection on Medicare, Medicaid, and workers'
compensation, automobile, commercial and private pay for both air ambulance and ground
ambulance transportations to EMS Billing and Consulting, sole proprietorship, Jan Purdin,
owner; approval of Business Associate Agreement with EMS Billing and Consulting. The
following individual addressed the Board: Sue Heim. Bob Shillinger, County Attorney
addressed the Board. After discussion, motion was made by Councilman Snow and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
There being no further 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 C 11 Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval to award the Consultant Contract reviewing the billing and
collection on Medicare, Medicaid, and workers' compensation, automobile, commercial and
private pay for both air ambulance and ground ambulance transportations to EMS Billing and
Consulting, sole proprietorship, Jan Purdin, owner; approval of Business Associate Agreement
02/20/2013 Page 15
with EMS Billing and Consulting. Bob Shillinger, County Attorney and Chief James Callahan
addressed the Board. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item N2 Peggy Mathews, representing MW Consulting made a power point presentation
update on the Oil Spill Commission/RESTORE Act. The following individual addressed the
Board: Judy Martinez.
PUBLIC WORKS
Item H1 Rosa Washington, Senior Solid Waste Administrator introduced Morgan Levy,
Administrator and Bill Townshend, Project Manager of South Dade Soil & Water Conservation
District made a power point presentation regarding a public /private pilot program that would
explore the feasibility and logistics of Monroe County reinstating a mulch program for
residential and commercial green waste. This would include an in -depth review of program cost,
benefits, savings and marketability of the end product. Kevin Wilson, Senior Director of
Engineering addressed the Board. Board gave direction for staff to fi rther explore this issue and
to come back to the Board with information pertaining to the overall cost and possible savings to
the taxpayers.
DIVISION OF GROWTH MANAGEMENT /COUNTY ATTORNEY
Bob Shillinger, County Attorney announced that the Mayor called a Special Meeting for
next Tuesday, February 26, 2013, at 9:00 a.m. in Marathon to discuss a number of items related
to the Counties Policies with respect to the Coastal Barrier Resource System.
Item 05 Bob Shillinger, County Attorney announced the litigation in the matters of
Monroe County v. Utility Board of the City of Key West, dba Kevs Energv ,Services, Case No.
('A-K-12-549; Roennvele-Putne_v, et al. v. Monroe County, et al., Case No. 3D12 -333, Lolver
Tribunal Case No. CA -K -11 -342; Revnolds v. Utility Bd. ✓ of the City of KW, dba Kevs Enemy
Services, PSC Docket No. 120054 -EM; James D. Nelvton, re: property at 2047 Bahia Shores
Road, No Name Kev, Planning Department File No. 2012 -096; and James B. Nelvton, Ruth L.
Nei rton, Robert D. Revnolds and Julianne C. Revnolds v. Monroe County, Case No. 2013-(A-
86-K. Mr. Shillinger read the required language into the record and requested that the Board re-
schedule the Closed Session to be held at the Special Meeting on Tuesday, February 26, 2013 at
9:00 a.m. in Marathon. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers granting approval of the request. Motion carried unanimously. The
following individual addressed the Board: Alicia Putney, representing the Solar Community of
No Name Key.
Item J1 Mayor Neugent announced that the following item would also be continued to the
February 26, 2013 meeting in Marathon: Discussion regarding the Key Largo Wastewater
Treatment District CR -905 improvement project relative to the Coastal Barrier Resources
System (CBRS) Unit 4FL -35 and the expenditure of federal funds. Motion was made by
02/20/2013 Page 16
Commissioner Kolhage and seconded by Commissioner Carruthers granting approval to continue
the item to February 26, 2013. Motion carried unanimously.
COUNTY ATTORNEY
Item 02 The following individuals addressed the Board concerning approval of a
Resolution establishing additional riles for the use of Bay Drive, Sunset Point and Bay Harbor
Subdivision, Key Largo, FL: Tamara Green, representing Sunset Point Community Association;
Lucy Given, Burke Cannon, representing Island of Key Largo Federation of Homeowner
Associations; David Asdourian, representing Bay Harbor Association; Raul Medina, and Sue
Heim. Bob Shillinger, County Attorney and Kevin Wilson, Senior Director of Engineering
addressed the Board. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Carruthers to take the Resolution off the table. Roll call vote carried
unanimously.
Motion was made by Commissioner Carruthers and seconded by Mayor Neugent
directing staff to figure out ways to deal with the behavior at Bay Drive. Motion carried
unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D9 The following individual addressed the Board concerning approval of a 2nd
Amendment to Agreement with Florida Keys Land & Sea Trust, Inc. to extend termination date
for the Crane Point Eco- Adventure Canopy Tour (Zip Line) project to March 31, 2014 to allow
additional time for completion of the project: Norval Smith, representing Crane Point Hammock;
Deb Curlee, John Hammerstrom, Captain Ed Davidson, representing Florida Keys Citizens
Coalition; Linda Miller, Joyce Newman, Beverly Welber, and Joan Borel. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to not
extend the Agreement. Roll call vote carried unanimously.
MISCELLEOUS BULK APPROVALS
Item C26 Board discussed approval of Agreement with Sheriff Richard A. Ramsay to
provide office space to the Monroe County Sheriff's Department at the Murray E. Nelson
Government and Cultural Center in Key Largo, FL. Motion was made by Commissioner
Murphy and seconded by Commissioner Rice to eliminate the room upstairs from the rental
agreement and bring the item back for approval. Kevin Wilson, Senior Director of Engineering
addressed the Board. Motion carried unanimously.
Item C30 Board discussed approval to enter into a long -term Lease Agreement with Boys &
Girls Club of the Keys Area, Inc. for certain property; Tracts DW and EJ, Pine Key Acres, Big
Pine Key, Florida, as recorded in Official Records Book 509, at page 1047 of the Public Records
of Monroe County, Florida, LESS the Southerly Twenty -five (25) feet of Tract DW and EJ, Pine
Key Acres, Big Pine Key, Florida, as recorded in Official Records Book 509 at Page 1047 of the
Public Records of Monroe County, Florida, as referred to as the Blue Heron Building. The
following individual addressed the Board: Cece Williamson, representing Boys and Girls Clubs
02/20/2013 Page 17
of the Keys Area. Kevin Wilson, Senior Director of Engineering addressed the Board. After
discussion, motion was made by Mayor Neugent and seconded by Commissioner Murphy
granting approval of the item and to remove the coverage requirements listed on page 2 of the
lease. Roll call vote carried unanimously.
STAFF REPORTS
Item E6 Christine Hurley, Growth Management Director addressed the Board concerning
the following:
• Request that the Board set a Special Meeting for April 18, 2013, at 10:30 a.m. in
Marathon to hear Comprehensive Plan Transmittal items. Motion was made by
Commissioner Carruthers and seconded by Commissioner Rice granting approval
of the meeting. Motion carried unanimously.
• Announced a Public Meeting, being held by a private applicant for redredging of
historically existing, privately owned channels, to be held February 28, 2013, at
6:00 p.m. in the Marathon Commission Chambers.
• Announced that the Development Review Committee conducted three workshops
last week evaluating the Comprehensive Plan amendments recommended by the
evaluation and the appraisal report. The meeting has been continued to March 26,
2013, at 10:00 a.m. at the Marathon Government Center to finish the Future Land
Use element.
Item E7 Kevin Wilson, Senior Director of Engineering addressed the Board and requested
that staff be able to engage in conversations with the City of Marathon to determine whether
there is a viable opportunity to move the library to the new City Hall.
DIVISION OF GROWTH MANAGEMENT
Christine Hurley, Growth Management Director and Joe Haberman, Planning &
Development Review Manager addressed the Board concerning the following two items:
Item J2 Discussion of a proposed ordinance amending regulations within Chapter 138,
Article III, which concerns the Nonresidential Rate of Growth Ordinance ( NROGO). The
ordinance establishes a mechanism to allocate nonresidential floor area that went unallocated in
previous years.
Item J3 Discussion of a proposed ordinance amending regulations within MCC Chapter
138, Article III, which concerns the Nonresidential Rate of Growth Ordinance ( NROGO). The
ordinance simplifies the NROGO permit allocation system process and allows applicants to
acquire NROGO awards in less time in the event there is not competition for the limited amount
of nonresidential square footage.
Board gave staff the following direction:
02/20/2013 Page 18
1. Pursue the Planning Commission recommendation that 50% of the bank be reserved
for use by existing businesses.
2. Bank should only be made available to Tier III properties.
3. Change di- minimus amount available for new or expansion to businesses to 1000 s.f.
— not 500 s.f.
4. Community Master Plan definition needs to be made clearer so that Communikeys
Plan areas and /or Overlay areas can exceed the 10,000 limit of one allocation.
5. Total built up allocation `Bank" should be divided into subareas (Lower Keys and
Upper Keys), based on a generalized distribution of residential ROGO allocations in
ordinance — not just first come, first served.
6. Annual NROGO allocation should be divided into subareas (Lower Keys and Upper
Keys), based on a generalized distribution of residential ROGO allocations in
ordinance — not just first come, first served.
7. A "reserve" of the annual allocation or NROGO bank should be made so we never
reach "0" available. However, if available allocation in one subarea exceeds "reserve"
amount for each subarea, allow movement of extra allocation (over and above
reserve) to other subarea.
The following individuals addressed the Board: Barton Smith, representing Rockland
Commercial Center/Rockland Operations, LLC; Joyce Newman, Deb Curlee, and Owen
Trepanier, representing Trepanier & Associates.
PUBLIC HEARINGS
Item P 1 A Public Hearing was held to consider adoption of 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
Statutes Section 125.5801. 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. 007 -2013
Said Ordinance is incorporated herein by reference.
Item P2 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Code Section 12 -116, (Standards for exterior artificial lighting on Sea Turtle
beaches) to include all Sea Turtle nesting areas of unincorporated Monroe County. 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. 008 -2013
Said Ordinance is incorporated herein by reference.
Item P3 A Public Hearing was held to consider adoption of an Ordinance re- adopting
Ordinance 036 -2012 which amended Chapter 26 of the Monroe County Code (Waterways) to
02/20/2013 Page 19
provide for "Article V Anchoring and Mooring Restricted Areas ", specifically including
Attachment "B" missing from Ordinance 036 -2012. 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. 009 -2013
Said Ordinance is incorporated herein by reference.
Item P4 A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of the right -of -way of
North Drive that is adjacent to Lot 18, Block 2 and Lot 22, Block 3, Stillwright Point Plat No. 2,
Key Largo and to a previously vacated section of North Drive. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 093 -2013
Said Resolution is incorporated herein by reference.
Item P5 A Public Hearing was held to consider adoption of an Ordinance amending
policies in the Future Land Use Element of the 2010 Monroe County Comprehensive Plan to
establish a Commercial future land use category; and revise the "Future Land Use Densities and
Intensities" table to include a Commercial (COMM) future land use category, corresponding
zoning categories, and establish the density and intensity standards. 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. 010 -2013
Said Ordinance is incorporated herein by reference.
Item P6 A Public Hearing was held to consider adoption of an Ordinance amending Table
4.1 Five -Year Schedule of Capital Improvements pursuant to Section 163.3177(3)(b), F. S. There
was no public input. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 011 -2013
Said Ordinance is incorporated herein by reference.
Item P7 The first of two Public Hearings was held to consider an Ordinance by the
Monroe County Board of County Commissioners assigning Tier Overlay District Designations to
approximately sixty two (62) parcels which currently have no previous Tier designation. There
was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
Item P8 The first of two Public Hearings was held to consider an Ordinance by the
Monroe County Board of County Commissioners amending the Tier Overlay District
02/20/2013 Page 20
Designations of approximately twenty -eight (28) parcels which currently have a Tier designation
recommended for change. There was no public input. Christine Hurley, Growth Management
Director requested that the Board approve staff recommendation to a change at Page 2 of 10 of
the staff report to keep real estate number 00445850, that was acquired by the Land Authority, as
a Tier IIIA property. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Rice granting approval of the item as amended. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Item L3 Board discussed a request by Bonefish Tarpon Trust Inc., a 5010 (not- for - profit
corporation) for assistance in the underway economic study addressing the value of Recreational
Flats Fishing in the Florida Keys. Brooke Black, representing Bonefish & Tarpon Trust
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Kolhage granting approval of the item. Motion carried unanimously.
Item L4 Mayor Neugent requested that the discussion of the shared goals for the 2013
Governing Session be continued to a workshop.
COUNTY ADMINISTRATOR
Item N1 Roman Gastesi, County Administrator addressed the Board concerning the
following:
• Key West Airports total passengers from last year is up 9.5 %, which is an all time
record of over 741,000 passengers.
• Marathon Airport Manager recruitment is ongoing and four or five applicants will
be interviewed.
• December 2012 was a record month with over 33,000 people visiting our
libraries, which is 2% higher than ever and there are 45,000 library cards issued.
• December 2012 the libraries had 155,000 e- visits, which is a 24% increase.
Item N3 Lisa Tennyson, Grants Administrator and Bob Shillinger, County Attorney
addressed the Board concerning approval of a Resolution to create the Monroe County
RESTORE Act Committee. After discussion, motion was made by Commissioner Kolhage and
seconded by Commissioner Carruthers to adopt the following Resolution and directing staff to
try to get the appointments as soon as possible from the municipalities with a deadline of no later
than 30 days (as listed in the Resolution). Motion carried unanimously.
RESOLUTION NO. 094 -2013
Said Resolution is incorporated herein by reference.
Roman Gastesi, County Administrator announced the groundbreaking for the Cudjoe
Regional Wastewater Project is Monday, February 25, 2013 at 2:00 p.m. at mile marker 27.5.
02/20/2013 Page 21
Item N8 Motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers granting approval of minor revisions to Monroe County 2013 Legislative Agenda,
and to include strong opposition to Senate Bill 584. Motion carried unanimously. Lisa
Tennyson, Grants Administrator addressed the Board.
Roman Gastesi, County Administrator announced the following dates:
• Florida Association of Counties Legislative Days, April 3 -4, 2013
• Florida Keys Days, April 23, 2013
• Cabinets Aides, February 27, 2013
• Cabinet Meeting, March 7, 2013
COUNTY ATTORNEY
Item O1 Bob Shillinger, County Attorney announced that Judge Audlin riled in the
Aqueduct cases today, for the challenges to the bids on the Inner and Outer Islands, and riled in
favor of the Aqueduct and the County and denied the challenges.
Bob Shillinger, County Attorney announced that the RESTORE Act meeting is scheduled
for next week on February 28, 2013 in Panama City Beach.
Item 04 Bob Shillinger, County Attorney addressed the Board concerning approval to
enter into contracts with George Helm, P.A., the law firm of Rissman Barrett, and the law firm of
Pallo Marks to serve as outside counsel for the County's workers compensation cases; approval
to enter into a contract with Pyszka Blackman in the event the County is not able to enter into a
contract with any of the top three firms; and authority for the County Attorney to execute the
retainer agreements. After discussion, Motion was made by Commissioner Murphy and
seconded by Commissioner Rice granting approval of the item. Motion carried unanimously.
Item 06 Bob Shillinger, County Attorney addressed the Board concerning approval of a
Contract with Suzanne A. Hutton for consulting services. After discussion, motion was made by
Commissioner Kolhage and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously.
There being no fi rther 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
02/20/2013 Page 22