05/15/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 15, 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; Bob Shillinger, County Attorney; 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 Rice and seconded by Commissioner
Carruthers 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 the 17th of May, 2013 Domingo
Rosillo del Toro Day.
Item B2 Presentation of Mayor's Proclamation declaring May 19 through May 23, 2013 as
Emergency Medical Services Week.
Item B3 Presentation of Mayor's Proclamation declaring May 13 through May 17, 2013 as
Law Enforcement Memorial Week.
MISCELLANOUES
Representative Holly Raschien addressed the Board concerning the legislative session.
Ms. Raschien announced that Florida Keys Days will be held on March 25, 2014; and that in
July she is planning a major summit for wastewater; and that in September there will be several
legislative leaders coming down and that she would like to give them a county -wide tour.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
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Item C4 Board granted approval of a Memorandum of Agreement between the American
Humane Association and Monroe County Board of County Commissioners to provide animal
sheltering assistance, to help with care for animal victims of disasters both natural and manmade,
and to provide preparedness training to first responders and animal care agencies, at no cost to
the county; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item C6 Board granted approval of the Issuance (renewal) of a Class A Certificate of
Public Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire Department, Inc.
d /b /a Ocean Reef Public Safety Department for the operation of an ALS transport ambulance
service for the period June 1, 2013 through May 31, 2015.
Item C7 Board granted approval of Assignment of Rights to Tax Refund.
Item C8 Board granted approval of Consent to Assignment of Lease from Keren Adlen
and Dani Tobaly, dba Jet Lag Accessories, LLC to Alexandria Eaton Pierobon.
Item C9 Board granted approval of Lease Renewal Agreement for retail rental space with
Keren Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC at the Key West International
Airport.
Item C10 Board granted approval of Lease Extension Agreement with Greyhound Lines for
space at the Key West International Airport.
Item C11 Board granted approval of Task Order #2013 -001 with CDM Smith for Project
Design and Permitting Services (the "Project ") for the Florida Keys Marathon Airport Terminal
Sewer Laterals.
Item C12 Board granted approval of Change Order No.2, D.L. Porter Constructors, Inc.,
Baggage Claim Hall Renovations Project, Key West International Airport.
Item C13 Board granted approval of Amendment 004 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 January 1, 2013 to December
31, 2013.
Item C14 Board granted approval of State of Florida Department of Economic Opportunity
Federally- Funded Weatherization Assistance Program Agreement, Contract# 13WX- OG- 11 -54-
01 -039 between Monroe County Board of County Commissioners (Community Services /Social
Services) and the State of Florida, Department of Economic Opportunity.
Item C15 Board granted approval of Amendment 003 to the Community Care for the
Elderly (CCE) Contract KC -1271 between the Alliance for Aging, Inc. (Area Agency on Aging)
and the Monroe County Board of Commissioners (Social Services /In -Home Services) for Fiscal
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Year July 1, 2012 to June 30, 2013 to decrease funding by $12,119.00, due to loss of clients and
approaching contract end date.
Item C16 Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Funds:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 135 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 136 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 137 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 138 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 139 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 140 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 141 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 142 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 143 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 144 -2013
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 145 -2013
Said Resolution is incorporated herein by reference.
Item C17 Board adopted the following Resolution to repeal Resolution No. 224 -2008 and
revise policy for compensation for public emergency response work for essential personnel.
RESOLUTION NO. 146 -2013
Said Resolution is incorporated herein by reference.
Item C18 Board granted approval to pay $344,715 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance policy.
Item C19 Board adopted the following Resolution to allow the Benefits office staff to
purchase healthy food items for participants who attend and complete educational lunch and
learn activities coordinated and scheduled by the Benefits staff
RESOLUTION NO. 147 -2013
Said Resolution is incorporated herein by reference.
Item C20 Board granted approval to execute Amendment 1 to the Task Order with CH2M
Hill Engineers, Inc. to clarify consultant's services during construction and to extend the date of
completion. This project is funded by Florida Department of Transportation (FDOT) Local
Agency Program (LAP) Agreement.
Item C21 Board granted approval of Amendment 2 to the Contract with Metric Engineering,
Inc. for Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path
Project to extend the expiration date of the contract until December 1, 2013. This project is
funded by the District Three Transportation Impact Fees.
Item C22 Board granted approval to negotiate with Parsons Brinckerhoff, the highest
ranked respondent, for the Construction Engineering and Inspection Services (CEI), for the Old
SR 940 Leg A Watson Bridge (# 9043 10) Repair Project. This project is funded by Florida
Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. 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.
Item C23 Board granted approval of Amendment 1 to the Interlocal Agreement (ILA) with
the City of Marathon to provide another year of funding at 7.5% of the contract amount or
$18,750, whichever is less, to fund the Pigeon Key Ferry for the annual term commencing on
July 1, 2013.
Item C24 Board granted approval of a second Agreement with Comcast for internet services
for the Duck Key Security System Installation and Maintenance project.
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Item C25 Board granted approval to advertise a Request for Qualifications (RFQ) for On
Call Engineering Services.
Item C26 Board granted approval to execute a Contract with Kisinger Campo and
Associates (KCA), the highest ranked RFQ respondent, for engineering design and permitting
services for the Card Sound Bridge Repair project. The engineering design and permitting
services will be funded by Florida Department of Transportation (FDOT) through a Local
Agency Program (LAP) Agreement.
Item C27 Board granted approval of a Contract with Advanced Roofing for the Lancelot
Lester Justice Building Roof Replacement. This project will be funded by ad valorem.
Item C28 Board granted approval of a Contract with MBI /K2M Architecture Inc. to provide
professional services as required to prepare construction drawings to route the sanitary sewer
from the Marathon Courthouse, Marathon Sheriff s Sub - station, and the Marathon Library, to
U.S. Highway 1 and connect to the City of Marathon's sewer system. This contract is funded by
the one -cent infrastructure tax.
Item C30 Board granted approval of a Contract with Pedro Falcon Electrical Contractors
Inc. for the ADA Compliance Segment #4 project. This ADA Segment is funded by a
Community Development Block Grant (CDBG).
Item C31 Board granted approval of a Contract with William P. Horn Architect, P.A. for
Professional Services for the Design through Construction Administration of a Fitness Trail at
Higgs Beach. Funding will be from the one -cent infrastructure tax.
Item C32 Board granted approval of the monthly report on Change Orders reviewed by the
County Administrator's Office. Said report is incorporated herein by reference.
Item C33 Board granted approval to amend Exhibit II, Solid Waste rates, approved by the
BOCC on September 21, 2012, concerning solid waste collection, disposal, and recycling service
rates for residential properties for Fiscal Year 2012/2013, to correct scrivener's errors. These
corrections do not impact the current cost of services to residents; however, some businesses will
see an increase in their monthly maintenance fees, roll -off collection rate, and compactor
collection fees. Contractor will not make increase retroactive but will charge correct rate starting
May 1, 2013.
Item C34 Board granted approval to enter into a one -year Residential Lease Agreement
commencing June 1, 2013, with a County Employee for Location E.
Item C35 Board granted approval to enter into a one -year Residential Lease Agreement
commencing June 1, 2013, with a County Employee for Location F.
Item C36 Board granted approval of second option to renew with U. S. Water Services
Corporation for the operation and maintenance of wastewater treatment plant for the Roth
Building, Monroe County.
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Item C37 Board granted approval to advertise for bids for the inspection, testing,
maintenance and repairs of Fire Protection Systems per NFPA 25 for the following buildings for
an initial Term of (2) two years with (3) three, 1 year renewal options. Buildings included are:
Monroe County Detention Center, Harvey Government Center, Lester Building, Monroe County
Courthouse Annex/Old Jail, Marathon Government Annex, Marathon Jail, Plantation Key Jail,
Monroe County Main Courthouse, Monroe County Sheriff Administration Building, Department
of Juvenile Justice Building, Bayshore Manor and Freeman Justice Building.
Item C38 Board granted approval of second Renewal Agreement with Best Janitorial &
Supplies, Inc. for janitorial services at the Big Pine Key Library.
Item C39 Board granted approval of second Renewal Agreement with Best Janitorial &
Supplies, Inc. for janitorial services at the George Dolezal Marathon Library.
Item C40 Board granted approval of second Renewal Agreement with Best Janitorial &
Supplies, Inc. for janitorial services at the Islamorada Library.
Item C41 Board granted approval of second Renewal Agreement with Best Janitorial &
Supplies, Inc. for janitorial services at the Key Largo Library.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with Key West
Burlesque to revise Exhibit C outlining the named schedule of events.
DIVISION OF GROWTH MANAGEMENT
Item H1 Board granted approval of the re- appointment of Mr. Gary Centonze to one (1)
three (3) year term to the Contractors' Examining Board beginning May 15, 2013 and ending
May 14, 2016.
Item H2 Board granted approval of the re- appointment of Mr. Steve Henson to one (1)
three (3) year term to the Contractors' Examining Board beginning May 15, 2013 and ending
May 14, 2016.
Item H3 Board granted approval of a Contract with Metric Engineering, Inc. for the project
management of a habitat restoration project with Dagny Johnson Key Largo Hammock Botanical
State Park as mitigation for the construction of the Key Largo Wastewater Treatment District
wastewater treatment plant.
Item H4 Board granted approval of Third Amendment to Occupancy Agreement and
Ground Lease between Monroe County and Habitat for Humanity of the Upper Keys, Inc. to
allow Lessee to plat the leased property for the construction of seven single family homes and act
as agent for Monroe County, Lessor and Owner.
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Item H5 Board adopted the following Resolution acknowledging the existence and
proposed execution of the Multi -Party Agreement Under Section 380.032 Florida Statutes,
between Ocean Reef Community Association, Inc., the Florida Department of Economic
Opportunity (DEO) and Terra Cotta Realty (Florida), Inc., a Florida corporation and owner of
Pumpkin Key.
RESOLUTION NO. 148 -2013
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Item K1 Board granted approval of the request for the following expenditure from the Law
Enforcement Trust Fund:
$25,000.00 Take Stock in Children: to support "scholarships, mentors, projects and
events" and to provide state - matching scholarships for low- income families and support the
leadership camp experience at the Sheriff's Youth Ranch.
MONROE COUNTY HEALTH DEPARTMENT
Item L1 Board granted approval of First Amendment to the Core Contract between
Monroe County Board of County Commissioners and the State of Florida, Department of Health
for operation of the Monroe County Health Department — Contract Year 2012 -2013.
COMMISSIONERS' ITEMS
Item 02 Board granted approval of Commissioner Kolhage's appointment of Tim Root to
the Affordable Housing Advisory Committee representing the Residential Home Building
Industry, replacing Sherry Phillips.
Item 03 Board granted approval of Commissioner Kolhage's appointment of Joe Pais to
the Community Development Block Grant Citizens Advisory Task Force, replacing John
Hernandez, with a term expiring May 17, 2017.
COUNTY CLERK
Item P2 Board granted official approval of the Board of County Commissioners minutes
from the March 20, 2013, Regular Meeting previously distributed).
Item P3 Board granted approval of the following Warrants for the month of April 2013:
General Fund (001), in the amount of $3,312,855.55; Fine & Forfeiture Fund (101), in the
amount of $3,249,925.11; Road and Bridge Fund (102), in the amount of $164,669.57; TDC
District Two Penny (115), in the amount of $257,401.32; TDC Admin. & Promo 2 Cent
(116), in the amount of $813,625.26; TDC District 1,3 Cent (117), in the amount of
$735,183.77; TDC District 2,3 Cent (118), in the amount of $25,802.11; TDC District 3,3
Cent (119), in the amount of $161,419.94; TDC District 4,3 Cent (120), in the amount of
05/15/2013 Page 7
$102,489.38; TDC District 5,3 Cent (121), in the amount of $211,103.02; Gov. Fund Type
Grants (125), in the amount of $306,032.14; Impact Fees Roadways (130), in the amount of
$75,106.80; Impact Fees Parks & Rec (131), in the amount of $23,730.00; Fire & Amb
District 1 L &M Keys (141), in the amount of $188,813.55; Upper Keys Health Care (144), in
the amount of $3,324.56; Uninc Svc Dist Parks & Rec (147), in the amount of $84,188.55;
Plan, Build, Zoning (148), in the amount of $60,149.50; Municipal Policing (149), in the
amount of $515,234.64; 911 Enhancement Fee (150), in the amount of $76,079.33; Duck Key
Security (152), in the amount of $7,756.52; Boating Improvement Fund (157), in the amount
of $11,623.86; Misc. Special Revenue Fund (158), in the amount of $115,939.35;
Environmental Restoration (160), in the amount of $4,205.33; Court Facilities Fees -602
(163), in the amount of $88,224.27; Stock Island Wastewater (171), in the amount of
$1,000.00; Building Fund (180), in the amount of $24,184.22; Cent Infra Surtax (304), in the
amount of $16,444.09; INFR Sls Srtx Rev Bds2007 (308), in the amount of $273,903.83; Big
Coppitt Wastewater Pr (310), in the amount of $1,000.00; Duck Key Wastewater (311), in the
amount of $1,000.00; Cudjoe Regional (312), in the amount of $28,104.56; Card Sound
Bridge (401), in the amount of $9,670.06; Marathon Airport (403), in the amount of
$40,801.73; Key West Intl. Airport (404), in the amount of $289,524.73; KW AIP Series 2006
Bonds (405), in the amount of $31,690.64; MSD Solid Waste (414), in the amount of
$1,263,564.44; Worker's Compensation (501), in the amount of $11,689.69; Group Insurance
Fund (502), in the amount of $839,866.43; Risk Management Fund (503), in the amount of
$43,903.57; Fleet Management Fund (504), in the amount of $88,911.77; Fire &EMS LOSAP
Trust Fund (610), in the amount of $2,325.00.
Item P4 Board granted approval of Tourist Development Council Expenditures for the
month of April 2013: Advertising, in the amount of $1,413,507.54; Bricks & Mortar
Projects/Interlocal, in the amount of $242,625.38; Visitor Information Services, in the amount
$66,794.33; Events, in the amount of $149,217.57; Office Supplies & Oper Costs, in the
amount of $26,373.72; Personnel Services, in the amount of $189,873.56; Public Relations, in
the amount of $36,695.54; Sales & Marketing, in the amount of $158,952.83; Telephone &
Utilities, in the amount of $18,043.56; Travel, in the amount of $10,564.77.
Item P5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item Q2 Board granted approval of the re- appointment of Rick Freeburg to the Health
Council of South Florida for a two year term in the category of Provider.
Item Q3 Board adopted the following Resolution authorizing the temporary closing of the
Northbound Lanes of US1 from mile marker 98.2 to mile marker 100 from 10:00 a.m. to 11:30
a.m. for the annual 4th of July Parade sponsored by The Reporter Newspaper.
RESOLUTION NO. 149 -2013
Said Resolution is incorporated herein by reference.
05/15/2013 Page 8
Item Q6 Notice of upcoming meetings related to RESTORE Act activities.
COUNTY ATTORNEY
Item R3 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Section 2 -59(a) and (b) and creating 2 -59 (d) Monroe County Code
authorizing the County Attorney and Assistant County Attorneys to accept service of process on
behalf of the County in limited circumstances.
Item R4 Board granted approval of Third Amendment to Lease Agreement extending the
lease for office space for the County Attorney's Office for one (1) year to expire August 31,
2014.
Item R5 Board adopted the following Resolution granting approval of amendment to
Board of County Commissioners Administrative Procedures Section 1.03(1) allowing ex -parte
communication pursuant to Ordinances No. 03 5-20 10 and No. 012 -2013.
RESOLUTION NO. 150 -2013
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Item Q5 Wendy Blondin, Project Manager representing AMEC and Rhonda Haag,
Sustainability Program Manager addressed the Board concerning approval of a Contract with
AMEC Environment & Infrastructure, Inc. in the amount of $37,725; to perform an extensive
analysis of the existing canal documentation, conduct field visits to the estimated 502 canals in
the County, recommend the top 15 proposed demonstration sites, and in coordination with the
County and the Canal Restoration Subcommittee recommend the final estimated five (5)
demonstration projects to be designed and constructed. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy 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, Mayor George Neugent,
Commissioner David P. Rice, Councilman Clark Snow and Mayor Norman Anderson.
05/15/2013 Page 9
James Callahan, Fire Chief advised the Board that the Conch Key Fire Station should be
ready later this month or the first of next month; and that Stock Island Fire Station is ahead of
schedule.
Item G2 James Callahan, Fire Chief addressed the Board concerning approval of the First
Renewal Agreement between the Board of County Commissioners, Board of Governors of Fire
and Ambulance District 1 of Monroe County, and Advanced Data Processing, Inc. (d.b.a. ADPI-
Intermedix), effective from June 1, 2013 through May 31, 2014, for ground and air rescue
transport billing and related professional services. After discussion, motion was made by
Commissioner Rice and seconded by Councilman Snow granting approval of the item. Motion
carried unanimously.
Item G3 James Callahan, Fire Chief addressed the Board concerning a request to issue a
Request for Proposal (RFP) for maintenance of Monroe County fire rescue vehicles. After
discussion, motion was made by Commissioner Kolhage and seconded by Councilman Snow
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 C1 Bob Ward, Information Technology Director and Bob Shillinger, County
Attorney addressed the Board concerning approval of a Comcast Enterprise Services Master
Services Agreement FL- 278919 -dkeen for sixty (60) months with Comcast Cable
Communications Management, LLC, and associated First Amendment to Comcast Enterprise
Services Master Services Agreement No. FL- 278919 -dkeen outlining the terms and conditions
under which the BOCC will purchase offered services from Comcast. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Murphy granting
approval of the item. Motion carried unanimously.
Item C2 Motion was made by Commissioner Kolhage and seconded by Commissioner
Murphy granting approval of a Comcast Enterprise Services Sales Order Form # FL- 278919-
dkeen- 240376 as an addendum to Comcast Enterprise Services Master Services Agreement FL-
278919 -dkeen with associated First Amendment to Comcast Enterprise Services Master Services
Agreement No. FL- 278919 -dkeen to provide Comcast wide area Ethernet services at the Monroe
County Attorney's Office at 1111 12th Street Key West FL 33040 at speed of 50 Mb /s and wide
area Ethernet services at the Harvey Government Center at 1200 Truman Ave Key West FL
33040 at a speed of 100 Mb /s. Total cost for 36 month term is $58,464. Motion carried
unanimously.
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ENGINEERING
Item N1 Kevin Wilson, Public Works & Engineering Director introduced James Bobat,
representing the Duck Key Property Owners Association. Mr. Bobat addressed the Board
concerning the appeal by the Duck Key Property Owners Association (DKPOA) of denial of a
right of way permit to landscape on county rights -of -way near various wastewater lift stations.
Bob Shillinger, County Attorney addressed the Board.
After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Murphy directing staff to do an Ordinance change and amend it with the
appropriate restrictions. Motion carried unanimously.
Bob Shillinger, County Attorney advised the Board that this is the one type of quasi -
judicial hearing, in which they are engaged, that is not covered by the ex parte disclosure
Ordinance that is in place for land use issues. Mr. Shillinger asked if anyone had discussions
with anyone outside of the record here today, to disclose what they are and if they've affected
their decision here today. Commissioner Rice advised that he discussed it with Kevin Wilson
and staff, and Commissioner Carruthers advised that she had discussions with Mr. Hunter about
the general concept regarding the lift stations. Both Commissioners indicated that those
conversations did not affect their decisions here today. Mr. Shillinger also advised that if any
person wished to appeal this decision, they would have to make a transcript and have it prepared
by a certified court reporter at their own expense. It would be made part of the record on appeal,
and that the transcript from recordings does not provide sufficiently accurate records.
After further discussion, Item N1 was continued to the June meeting in Marathon, with
direction to staff to develop an agreement with the Duck Key Property Owner's Association.
COMMISSIONERS' ITEMS
Item O 1 Dr. Aaron Adams made a presentation of the Economic Study, with the results of
the Bonefish Tarpon foundation value of the fishery to Monroe County, partially funded by the
Board of County Commissioners.
MISCELLANEOUS BULK APPROVALS
Item C3 Motion was made by Commissioner Kolhage and seconded by Commissioner
Rice granting approval of the First Renewal Agreement between the Board of County
Commissioners of Monroe County and the Board of Governors of Fire and Ambulance District 1
with Advanced Data Processing, Inc. (d.b.a. ADPI- Intermedix), effective from June 1, 2013
through May 31, 2014, for ground and air rescue transport billing and related professional
services. Motion carried unanimously.
Item C42 Kevin Wilson, Public Works & Engineering Director addressed the Board
concerning approval of sale of County property to Islamorada, Village of Islands, legally
described as Lot 1, 2, and 24, Block 11 of Key Heights Section Two, (RE #00417340 - 000000),
located at 103 Key Heights Drive, Islamorada, at the NW corner of the intersection of US -1 and
05/15/2013 Page 11
Key Heights Drive for use as a sewer pump station by the Village; and adopted the following
Resolution authorizing the sale as prescribed by statute, the purchase and sale contract with the
Village, and execution of deed, seller's affidavit, and other documents as required for completion
of the transaction as approved by the County Attorney. The proposed net sales price including
transfer of the eight (8) Transient Residential Units (TRU) that are legally established on the
property is $510,000. After discussion, motion was made by Commissioner Kolhage and
seconded by Commissioner Carruthers to accept staff recommendations with a reduction of 10 %,
the selling price will be $477,000 with the $20,000 allowance for cleanup to be taken at closing
and correcting all of the documents with the adjusted price. Ted Blackburn, Vice Mayor,
Islamorada Village of Islands addressed the Board. Roll call vote was taken with the following
results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
No
Motion carried.
RESOLUTION NO. 151 -2013
Said Resolution is incorporated herein by reference.
Item C5 James Callahan, Fire Chief addressed the Board concerning approval of the
Renewal Agreement between the Board of County Commissioners of Monroe County and J. A.
LaRocco Enterprises, Inc. for the installation of fire hydrants in unincorporated Monroe County
using Ad Valorem taxes, Impact Fees, and other funding sources such as grants, private
donations, etc. After discussion, the item was withdrawn and staff was directed to go out for bid.
STAFF REPORTS
Item E7 Intergovermental Affairs - Lisa Tennyson, Director Legislative Affairs & Grants
Acquisition updated the Board on important amendments made to legislation pertaining to the
Growth Management Division; and advised the Board on late legislation pertaining to the
RESTORE Act.
COUNTY ADMINISTRATOR
Item Q7 Elizabeth Young, Executive Director of Florida Keys Council of the Arts
addressed the Board concerning approval of policy and procedure under which gifts or loans of
Art may be donated to Monroe County. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 152 -2013
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Item K2 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition addressed the
Board concerning approval of the Fiscal Year 2013 recommendations of the Monroe County
Shared Asset Forfeiture Fund Advisory Board. Said recommendations are incorporated herein
by reference. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy that they be funded as recommended, except no more than their funding
request. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item Q1 Roman Gastesi, County Administrator introduced Wanda Reina, Senior Code
Compliance Inspector, Upper Keys. Mr. Gastesi referred the Board to his written report dated
April 30, 2013. Kevin Wilson, Public Works & Engineering Director and Christine Hurley,
Growth Management Director addressed the Board. Board discussed the timetable on creating
the prioritization list of projects.
COUNTY ATTORNEY
Item R6 Bob Shillinger, County Attorney addressed the Board concerning direction
regarding Florida Power and Light Company Turkey Point Units 6 and 7 Power Plant siting
hearings. Mr. Shillinger advised that there are some public hearings coming up regarding the on-
going regulatory litigation over the siting of the nuclear power plants at Turkey Point, starting
around July 8 th and continuing through to August 9 Mr. Shillinger wanted to alert the public to
the public hearings in the event that they may testify before the Administrative Hearing Officer
on July 17 23 and 25 Steven D. Scroggs, Senior Director Project Development, Florida
Power & Light gave a short presentation on what their project is. Board directed the County
Attorney's Office to participate in the hearings.
COUNTY ADMINISTRATOR
Item Q4 Roman Gastesi, County Administrator and Rhonda Haag, Sustainability Program
Manager addressed the Board concerning approval for Monroe County Board of County
Commissioners to execute Amendment No. 1 to a Contract with the Redman Consulting Group,
Inc. for consulting services related to the waste management and recycling contracts to provide
additional funding in the amount of $5,000. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Kolhage granting approval of the item.
Motion carried unanimously.
WASTEWATER ISSUES
Item J1 Kevin Wilson, Public Works & Engineering Director addressed the Board
concerning adoption of a Resolution approving the form of a Clean Water State Revolving Fund
Construction Loan Agreement with the Florida Department of Environmental Protection
(FDEP); authorizing execution and delivery of such agreement; and authorizing the institution of
05/15/2013 Page 13
a bond validation proceeding with respect to the debt obligation to be incurred in connection
with the loan agreement to finance the Cudjoe Regional Wastewater Treatment project as
described in the Facilities Plan. The following individual addressed the Board: Steve Gibbs.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 153 -2013
Said Resolution is incorporated herein by reference.
Item J2 A Public Hearing was held to consider adoption of the Cudjoe Regional
Wastewater Supplemental Assessment Program Initial Assessment Resolution describing the
method of assessment for the Inner Island expansion areas and properties developed subsequent
to adoption of the Inner Island assessment resolution on July 18, 2012 based on permits issued
by Monroe County Building Department. Kevin Wilson, Public Works & Engineering Director;
Roman Gastesi, County Administrator; and Bob Shillinger, County Attorney addressed the
Board. There was no public input. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 154 -2013
Said Resolution is incorporated herein by reference.
Kevin Wilson, Public Works & Engineering Director advised that the Final Assessment
Resolution Hearing will be held on June 19, 2013, at 3:00 p.m.
Item J3 A Public Hearing was held to consider adoption of the Cudjoe Regional
Wastewater Supplemental Assessment Program Initial Assessment Resolution describing the
method of assessment for the Outer Island expansion areas and properties developed subsequent
to adoption of the Outer Island assessment resolution on July 18, 2012 based on permits
issued by Monroe County Building Department. There was no public input. Motion was made
by Commissioner Murphy and seconded by Commissioner Rice to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 155 -2013
Said Resolution is incorporated herein by reference.
Item J4 A Public Hearing was held to consider adoption of the Cudjoe Regional
Wastewater Supplemental Assessment Program Initial Assessment Resolution describing the
method of assessment for the Venture Out parcels that were coded as vacant properties and,
therefore, not included in Resolution 197 -2012 for the Inner Islands of the Cudjoe Regional
Centralized Wastewater Treatment System adopted on July 18, 2012. F. S. 718 -120 states that
each condominium parcel should be separately assessed. A separate billing was mailed to these
properties in November 2012. There was no public input. Motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried
unanimously.
05/15/2013 Page 14
RESOLUTION NO. 156 -2013
Said Resolution is incorporated herein by reference.
Item J5 A Public Hearing was held to consider adoption of the Big Coppitt/Duck Key
Supplemental Assessment Program Initial Assessment Resolution describing the method of
assessment for the Big Coppitt/Duck Key properties developed subsequent to adoption of
Resolution 302 -2007 in 2007 for the Big Coppitt and Duck Key Municipal Service Taxing Units
based on permits issued by Monroe County Building Department. 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. 157 -2013
Said Resolution is incorporated herein by reference.
Item J6 Motion was made by Commissioner Rice and seconded by Commissioner
Murphy granting approval to execute Amendment 4 with Government Services Group, Inc.
(GSG) for the development and administration of the Non -Ad Valorem Assessment Program for
Centralized Cudjoe Regional Supplemental Services (Vacant Venture Out with Water Service,
Expanded Areas as of 16 January 2013, and Pre - Capacity Fee Development). Kevin Wilson,
Public Works & Engineering Director addressed the Board. After discussion, the motion carried
unanimously.
EMPLOYEE SERVICES
Item M1 Sid Webber, Insurance Consultant with Interisk gave an update on additional
insurance coverage with Citizens Property Insurance and request to rescind Board action of
August 15, 2012 granting approval to purchase increased Primary Wind coverage based on
recent appraisal. After discussion, motion was made by Commissioner Carruthers and seconded
by Commissioner Kolhage granting approval of the item. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item I1 Christine Hurley, Growth Management Director; and Michael Davis and John
Abbott, representing Keith & Schnars addressed the Board concerning the results of the
"Analysis of Coastal Barrier Resources System Policies and Regulations in Monroe County,
Florida ", the data and analysis, prepared by Keith and Schnars, P.A., regarding the Coastal
Barrier Resources System (CBRS) and the County's CBRS Comprehensive Plan policies and
Land Development Code (LDC). The following individuals addressed the Board: Hallett
Douville, Anne Press, representing Solar's Smart Company; Alicia Putney, representing the
Solar Community of No Name Key; Kandy Kimble, Kathy Brown, representing the No Name
Key Property Owner's Association, Inc.; Beth Ramsey - Vickrey, Andrew Tobin, and Deb Curlee,
representing Last Stand. Bob Shillinger, County Attorney addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage
directing staff to implement the Keith & Schnars report and phased recommendations. Roll call
vote was taken with the following results:
05/15/2013 Page 15
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
PUBLIC HEARINGS
Item S 1 A Public Hearing was held to consider adoption of a Resolution by the Board of
County Commissioners to amend Resolution No. 332 -2012, the Planning & Environmental
Resources Fee Schedule to establish a new fee for a letter of understanding related only to
identifying the status of a nonconforming use in that such a letter requires less staff time to
prepare than a typical letter of understanding; and repeal any other fees schedules inconsistent
herewith. 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. 158 -2013
Said Resolution is incorporated herein by reference.
Item S2 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Code Chapter 23, Article III, Section 23 -78, Forms, etc. and Section 23 -111,
Vending machines, in order to eliminate the issuance of paper business tax receipts and stickers
and decals, as well as remove the requirements that the aforementioned receipts be displayed at
the place of business or on the vending machines. 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. Bob Shillinger, County Attorney addressed
the Board.
ORDINANCE NO. 021 -2013
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Item I2 Christine Hurley, Growth Management Director addressed the Board concerning
the Key Largo Wastewater Treatment District CR -905 improvement project relative to the
Coastal Barrier Resources System (CBRS) Unit #FL -35 and the expenditure of federal funds.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Rice directing staff to prepare a revised letter to send to the Executive Director of the Key Largo
Wastewater Treatment District that explains that the current policies do not permit us to issue the
permits, but that the Board has directed staff to move forward with the Code amendment related
to that and to include those timelines. Motion carried unanimously.
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COUNTY ADMINISTRATOR
Item Q8 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition addressed the
Board concerning approval of RESTORE Act Local Committee and project award process titled
Monroe County RESTORE Act Discussion of Guiding Principles and Ranking Criteria for
"Local Pot ", prepared by the Office of Management & Budget, datedMay 15, 2013. Ms.
Tennyson advised the Board that first meeting of the RESTORE Act Local Committee will meet
tomorrow in Marathon at 11:00 a.m. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Carruthers to use the Guiding Principles and Ranking Criteria as
a starting point for discussion with the advisory panel and that staff will bring them back for final
approval after they have that input. Motion carried unanimously.
COUNTY ATTORNEY
Item R7 Bob Shillinger, County Attorney gave the Board a Report on the May 14, 2013
hearing before the Public Service Commission in the matter of Reynolds v. Utility Bd. of the
City of KW d /b /a Keys Energy Services, PSC Docket No. 120054 -EM. The following
individuals addressed the Board: Alicia Putney, representing the Solar Community of No Name
Key; John Lentini, Deb Curlee, representing Last Stand; Bart Smith, representing Robert & Juli
Reynolds; and Andrew Tobin, representing No Name Property Owners Association. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage
that the County 1) not appeal the decision of the Public Service Commission to the extent that it
represents the staff recommendation of the Public Service Commission; 2) to the extent possible
by law treat the PSC decision as a final decision in the matter; 3) in the event that a Writ of
Mandamus is sought to provide permits for electrical service on No Name Key by the Reynolds
the Newtons or any other similarly situated property owners that the county staff is directed to
not oppose the entry of Writ with the following conditions; a) that any Writs seek no relief
beyond the findings and orders of the PSC that as enunciated by the PSC staff recommendation
and that any Writ seek no relief beyond the granting of electrical connection permits to private
residences on No Name Key; and 4) we institute no further appeals of any existing litigation and
not oppose any person currently appealing any county decisions denying electrical service to
persons on No Name Key. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Rice
Yes
Motion carried.
PUBLIC HEARINGS
Item T 1 The second of two Public Hearings was held to consider adoption of an Ordinance
by the Monroe County Board of County Commissioners amending the Monroe County Code by
05/15/2013 Page 17
establishing 2 Commercial Districts; amending Section 130 -2, Land Use Districts Established;
creating Section 130 -51, Purpose of the Commercial 1 District (C1); creating Section 130 -52,
Purpose of the Commercial 2 District (C2); creating, within Article III Permitted and Conditional
uses, Section 130 -102, Commercial 1 District (C1), and Section 130 -103, Commercial 2 District
(C2); and amending Section 130 -164, Maximum Nonresidential Land Use Intensities and
District Open Space. There was no public input. Motion was made by Commissioner Carruthers
and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 022 -2013
Said Resolution is incorporated herein by reference.
Item T2 A Public Hearing was held to consider adoption of an Ordinance by the Monroe
County Board of County Commissioners amending the Monroe County Code to include the
Commercial 1 (C1) and Commercial 2 (C2) land use districts within the following sections:
Section 114 -20 Fences; Section 114 -99 Required Landscaping; Section 114 -126 District
Boundary Buffers; Section 114 -127 Required Scenic Corridor and Major Street Buffers; Section
130 -186 Minimum Yards; Section 142 -4 Signs Requiring a Permit and Specific Standards;
Chapter 146, entitled "Wireless Communications Facilities," Section 146 -3 Applicability,
Section 146 -4 Uses by Land Use District, and Section 146 -5 Development Standards;
Referencing C1 and C2 land use districts where appropriate. There was no public input. Motion
was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023 -2013
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item R1 Bob Shillinger, County Attorney discussed the redacted inspection report from the
Florida Department of Transportation on the Old Seven Mile Bridge. Motion was made by
Commissioner Kolhage and seconded by Commissioner Rice to authorize the County Attorney's
Office to file an action in the Circuit Court seeking a court order authorizing the County to
release unredacted copies to the Department of Transportation inspection reports of the Old
Seven Mile Bridge for a showing of good cause. Motion carried unanimously. Kevin Wilson,
Public Works & Engineering Director addressed the Board.
Item R2 Bob Shillinger, County Attorney read the required language into the record
requesting approval to hold an Attorney - Client Closed Session in the matter of KW Resort
Utilities Corp. v. Monroe County, PSC Docket No. 130086 -SU at the June 19, 2013 BOCC
meeting in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. Motion was made
by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously. Kevin Wilson, Public Works & Engineering Director
addressed the Board.
05/15/2013 Page 18
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
05/15/2013 Page 19