06/19/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 19, 2013
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Marathon 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; Amy Heavilin,
County Clerk; Vitia Fernandez, Deputy Clerk; Pamela Hancock, Deputy Clerk; County Staff,
members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Christine Hurley, Growth Management Director advised the Board that Item G16
was amended to eliminate the fee amendments for open permits from the Resolution. Motion
was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of
the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Item B2 Presentation of Mayor's Proclamation declaring July 26, 2013 as Americans with
Disabilities Act Awareness Day.
Item B 1 Presentation of Mayor's Proclamation declaring June 19th, 2013 as The American
Cancer Society Day.
BULK APPROVALS
Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
Item C1 Board granted approval of the Lease Agreement Extension for the Lease between
Keys Woodworkers Inc., a Florida Corporation and Monroe County at the Florida Keys
Marathon Airport.
Item C4 Board granted approval of Amendment to the existing Interlocal Agreement
between the South Florida Workforce Investment Board for Region 23 of the State of Florida
and the Chief Elected Official of Monroe County, to extend the contract period through
06/30/2016.
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Item C5 Board granted approval of an Agreement between the Monroe County Homeless
Services Continuum of Care and Monroe County Board of County Commissioners (Social
Services) to track accurate and up -to -date information about the homeless and at -risk population
from 02/01/2013 through 09/30/2013.
Item C6 Board granted approval of the Community Care for the Elderly (CCE) Contract
#KC 1371 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County
Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14.
Item C7 Board granted approval of the Home Care for the Elderly (HCE) Contract #KH
1372 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County
Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14
Item C8 Board granted approval of the Alzheimer's' Disease Initiative (ADI) Contract
#KZ 1397 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County
Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14.
Item C9 Board granted approval of Amendment #0001 to Florida Department of Children
and Families Standard Grant Agreement #KPZ06, Emergency Solutions Grant formerly known
as: 2011 ESG/Prevention Grant Solicitation #LPZ06 between Monroe County Board of County
Commissioners (Community Services /Social Services) and the State of Florida, Department of
Children and Families to increase funding by $11,608.00.
Item C12 Board granted approval to renew current Life Insurance and Accidental Death &
Dismemberment (AD &D) policy with The Hartford Life Insurance for one additional year at the
rate of $221,424.00.
Item C13 Board granted approval of Business Associate Agreement between Monroe
County and Gallagher Benefit Services as mandated by HIPPA.
Item C15 Board granted approval of a Workers' Compensation settlement in the amount of
$344,800.00 inclusive attorney fees and costs for file #05- 036335GCC which is to be reimbursed
by the County's excess insurer at 100 %.
Item C16 Board adopted the following Resolution authorizing an agent of an Animal
Control Contractor to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida
Statutes, and to issue citations for violations of the Monroe County Code including requiring
appearance for disposition in County Court.
RESOLUTION NO. 159 -2013
Said Resolution is incorporated herein by reference.
Item C17 Board granted approval of second renewal Agreement with Diversified Services
of Key West, Inc. for janitorial services at the May Hill Russell Library and Department of
Juvenile Justice, second floor.
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Item C19 Board granted approval to renew the existing Bio Diesel Fuel Contract with
Blaylock Oil Company for one additional year.
Item C20 Board granted approval to extend the existing fuel Contract with Dion Oil
Company, LLC, on a month -to -month basis, pending award of new bid and contract.
Item C21 Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 160 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 161 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 162 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 163 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 164 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 165 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 166 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 167 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 168 -2013
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 169 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 170 -2013
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 118 -2013 (OMB Schedule Item No. 12).
RESOLUTION NO. 171 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 172 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 173 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 174 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 175 -2013
Said Resolution is incorporated herein by reference.
Item C22 Board granted ratification of the previously executed Florida Department of
Transportation Joint Participation Agreement for Contract #AR045 (security upgrades at The
Florida Keys Marathon Airport).
Item C23 Board granted ratification 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 C24 Board granted ratification of previously approved Consent To Assignment of
Lease from Keren Adlen and Dani Tobaly, DBA JET LAG ACCESSORIES, LLC., to
Alexandria Eaton Pierobon.
Item C25 Board granted ratification of Lease Extension Agreement with Greyhound Lines,
for space at the Key West International Airport.
Item C26 Board granted approval to purchase one (1) TYMCO Model 210 Sweeper for the
Key West International Airport at the IAW FL Sheriffs Association Bid #12 -10 -0905,
2012/2013.
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Item C27 Board granted approval to advertise for a Public Hearing to be held at 3:00 p.m.
on July 17, 2013 at the regularly scheduled Board of County Commissioners meeting in Key
West, to receive comments on the Noise Compatibility Program for the Key West International
Airport Part 150 Noise Study.
Item C28 Board granted approval of Lease Buyout Agreement between the Marathon
Flying Club and Monroe County.
Item C29 Board granted approval of Hangar Lease Agreement between Marathon Flying
Club, Inc. and Monroe County in reference to the replacement hangars at the Florida Keys
Marathon Airport.
Item C32 Board granted approval to execute Rider for existing Contract between Monroe
County and ADT Security Services, Inc. to assign contract to the company known as Tyco
Integrated Security, LLC which has merged with ADT Security Services, Inc.
Item C33 Board granted approval to execute Amendment 1 to the Agreement between Tyco
Integrated Security LLC to extend the substantial completion date.
Item C34 Board granted approval of Agreement for Traffic Signal Maintenance Agreement
with Keys Energy Services, Inc. (KEYS) to provide certain repair and replacement services for
traffic signal lighting. This agreement will replace and supersede the prior written agreement
dated December 2000 and all amendments pertaining to stated agreement. The maintenance
portion of the contract is paid with FDOT funds.
Item C35 Board granted approval of Fourth Amendment of the Contract for Temporary
Pigeon Key Ferry Service, extending the termination date to June 30, 2014.
Item C36 Board granted approval of Contract with Currie Sowards Aguila Architects for
Professional Services related to the conversion of the county owned recycling center on
Magnolia Street in Key Largo, to offices for Public Works. The funding for this project is from
Public Works, Ad Valorem. The amount of the contract is Six Thousand Five Hundred Dollars
($6,500.00).
Item C37 Board granted approval of the Receipt of Monthly Report on Change Orders
reviewed by the County Administrator's Office. Said report in incorporated herein by reference.
Item C38 Board adopted the following Resolution of the Board of County Commissioners
of Monroe County, Florida adopting a revised Community Development Block Grant (CDBG)
Housing Assistance Plan (HAP).
RESOLUTION NO. 176 -2013
Said Resolution is incorporated herein by reference.
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Item C39 Board adopted the following Resolution of the Board of County Commissioners
of Monroe County, Florida authorizing the submission of Modification Number 2 to the Small
Cities Community Development Block Grant (CDBG) to extend the end date of the sub -grant
agreement to June 29, 2014.
RESOLUTION NO. 177 -2013
Said Resolution is incorporated herein by reference.
Item C40 Board adopted the following Resolution of the Board of County Commissioners
of Monroe County, Florida authorizing the submission of Modification Number 5 to the 2008
Tropical Storm Faye Disaster Recovery grant and to extend the end date of the sub -grant
agreement to June 13, 2014.
RESOLUTION NO. 178 -2013
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with Floridakeys.com to
exercise option within agreement to extend for an additional two (2) year period to September
30, 2015 under the same terms and conditions.
Item D2 Board granted approval of an Agreement with San Carlos Patriotic and
Educational Institute, Inc. to cover the San Carlos Facade Painting project in an amount not to
exceed $10,000, DAC I, FY 2013 Capital Resources.
Item D3 Board granted approval of an Agreement with Old Island Restoration Foundation,
Inc. to cover the Oldest House Museum Hurricane Shutters/Window Frame Repairs project in an
amount not to exceed $22,112, DAC I, FY 2013 Capital Resources.
Item D4 Board granted approval of an Agreement with Old Island Restoration Foundation,
Inc. to cover the Oldest House Museum Lift Station/Restroom Plumbing Upgrades project in an
amount not to exceed $7,411, DAC I, FY 2013 Capital Resources.
Item D5 Board granted approval of an Agreement with The Key West Harry S Truman
Foundation, Inc. to cover the Harry S. Truman Restroom Renovation project in an amount not to
exceed $25,000, DAC I, FY 2013 Capital Resources.
Item D6 Board granted approval of an Agreement with Key West Film Society, Inc. to
cover the Tropic Cinema Phase 8: 4th Theater Digital Projection & Upgrades project in an
amount not to exceed $57,500, DAC I, FY 2013 Capital Resources.
Item D7 Board granted approval of an Inter -local Agreement with the City of Key West to
cover the Rest Beach Renourishment Phase II project in an amount not to exceed $207,000,
DAC I, FY 2013 Capital Resources.
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Item D8 Board granted approval of an Agreement with Key West Botanical Garden
Society, Inc. to cover the Key West Botanical Garden Phase 2: Security and Accessibility
Enhancements project in an amount not to exceed $11,450, DAC I, FY 2013 Capital Resources.
DIVISION OF GROWTH MANAGEMENT
Item G1 Board granted approval of First Amendment to Occupancy Agreement and
Ground Lease with Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for
property at 8050 Bonito Drive in Marathon, RE# 00330210 - 000000, to provide for payment to
County of $5,730, which the County paid for wastewater assessments on the property, in annual
payments of $573.00 for ten years.
Item G2 Board granted approval of First Amendment to Occupancy Agreement and
Ground Lease with Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for
property at 1005 -7 75th Street in Marathon, RE# 00343090 - 000000, to provide for payment to
County of $11,460, which the County paid for wastewater assessments on the duplex property, in
annual payments of $1,146.00 for ten years.
Item G3 Board granted approval of Contract with Coral Marine Construction, LLC to
provide derelict vessel, floating structure and marine debris removal and disposal service.
Item G4 Board granted approval of Contract with Coffin Marine Services, Inc. to provide
derelict Vessel, floating structures and marine debris removal and disposal services.
Item G5 Board granted approval of Contract with Upper Keys Marine Construction, Inc. to
provide derelict vessel, floating structure and marine debris removal and disposal services.
Item G6 Board granted approval of Contract with Blue Water Marine Services, Inc. to
provide derelict vessel, floating structure and marine debris removal and disposal services.
Item G7 Board granted approval of Contract with Adventure Environmental, Inc. to
provide derelict vessel, floating structure and marine debris removal and disposal services.
Item G8 Board granted approval of Contract with Arnold's Auto & Marine Repair, Inc. to
provide derelict vessel, floating structure and marine debris removal and disposal services.
Item G9 Board granted approval of Contract with Lower Keys Marine Towing and
Salvage, Inc. to provide derelict vessel, floating structure and marine debris removal and disposal
services.
Item G10 Board granted approval of Contract with ASAP, Inc. to provide derelict vessel,
floating structure and marine debris removal and disposal services.
Item G11 Board granted approval of a Task Order in the amount of $15,983.76 for URS
Corporation Southern to conduct a school zone analysis on US 1 adjacent to the Big Pine
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Academy. This task is funded at 87.5% ($13,985.79) by the FDOT through JPA AQN -53. A
12.5% ($1,997.97) county match is required. FDOT has received this task order.
Item G12 Board granted approval to advertise a Public Hearing to consider the adoption of a
County Ordinance amending Monroe County Code, Chapter 6, Section 6 -23 clarifying the
definition of normal maintenance or ordinary minor repair work; amending Monroe County
Code, Chapter 6, Section 6- 100(a) increasing the dollar amount of the building permit exception
for minor repairs from the current amount of $1,000 to $2,500; clarifying the applicability and
limitations of this section; clarifying the exception for work in areas subject to floodplain
management requirements; removing tool sheds from the listed exceptions with an effective date
of July 1, 2013; and removing shutters from the listed exceptions.
Item G14 Board granted approval to advertise a Public Hearing to consider the adoption of a
County Ordinance amending Monroe County Code, Chapter 6, Section 6- 237(a)(1) clarifying the
method in which a contractor's Certificate of Competency may be obtained; and providing
deadlines for an applicant to take and pass all required examination(s) for his /her desired
discipline.
Item G15 Board granted approval to advertise a Public Hearing to consider the adoption of a
County Ordinance amending Monroe County Code, Chapter 6, Sections 6- 240(a); 6- 240(b) and
6 -242 clarifying the powers and duties of the Contractors' Examining Board (CEB) regarding
license renewals and reinstatement of lapsed Certificates of Competency; providing for a grace
period and late renewal penalty.
Item G16 Board adopted the following Resolution by the Monroe County Board of County
Commissioners amending the Building Department Fee Schedule; clarifying fees for vegetation
pruning and land clearing /grubbing relating to invasive exotics; clarifying fees for code
compliance contractor investigations; clarifying fees for planning reviews of duplex, multi-
family and nonresidential new development, revision, remodel or expansion > 1,000 sf,
establishing fees for Nonresidential Rate of Growth Ordinance (NROGO) de minimus reviews <
1,000 sf, as amended.
RESOLUTION NO. 179 -2013
Said Resolution is incorporated herein by reference.
GUARDIAN AD LITEM
Item J1 Board granted approval of Agreement with Statewide Guardian Ad Litem Office
for Reimbursement of Case Coordinator Services to provide funding for Case coordinator
position, for time period July 1, 2013 through June 30, 2014 (State FY 2014).
MONROE COUNTY SHERIFF DEPARTMENT
Item K1 Board granted approval of Second Amendment to the Memorandum of
Understanding dated April 18, 2012, regarding FY 2010 Urban Area Security Initiative
( "UASI ") funds, to grant the Monroe County Sheriff's Office an additional $394,000.00 and also
06/19/2013 Page 8
to reinstate and extend the MOU to June 30, 2013. The Additional UASI Grant amount of
$394,000.00 will be used to purchase law enforcement equipment, as well as other equipment
approved by the granting agency.
MONROE COUNTY TAX COLLECTOR
Item L1 Board adopted the following Resolution instructing the Tax Collector not to mail
tax notices to taxpayers if the amount of taxes shown on the Monroe County Tax Roll for real
and personal property is less than thirty dollars ($30.00) and instructing the Property Appraiser
not to extend taxes on the tax roll if the taxes for any parcel would amount to less than thirty
dollars ($30.00), per Florida Statutes s. 197.212.
RESOLUTION NO. 180 -2013
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item O1 Board granted approval of Mayor Neugent's re- appointment of Peter Worthington
to the Marine and Port Advisory Committee with term beginning July 1, 2013 through
November 1, 2014 as described in Resolution No. 110 -2013.
Item 02 Board granted eens Patio,, approval to name the Judge's Chambers at the
Marathon Monroe County Courthouse in honor of the Honorable Judge Ruth Becker with plaque
to follow.
Item 04 Board granted approval of Commissioner Kolhage' s appointment of Capt. Lynda
Schuh to the Marine and Port Advisory Committee, replacing William Hunter, with a term
beginning June 19, 2013 through November 1, 2016.
Item 05 Board granted approval of Commissioner Rice's appointment of Sandra Hastings
to the Duck Key Security District Advisory Board, replacing Gerald Fortier, with a term
beginning June 19, 2013 through June 1, 2016.
Item 06 Board granted approval of Commissioner Rice's appointment of Philip Kircher to
the Duck Key Security District Advisory Board, replacing Merlynn Boback, with a term
beginning June 19, 2013 through June 1, 2016.
Item 07 Board granted approval of Commissioner Rice's appointment of Sherry Popham
to the Duck Key Security District Advisory Board, replacing Dennis Wooten, with a term
beginning June 19, 2013 through June 1, 2016.
Item 08 Board granted approval of Commissioner Rice's appointment of Paul Koisch to
serve as the District 4 representative on the Marine Port Advisory Committee. This initial
appointment term will run July 1, 2013 through November 1, 2014.
06/19/2013 Page 9
Item 09 Board granted approval of Commissioner Carruthers' appointment of Mary
VandenBrook to the Florida Keys Council for People with Disabilities, replacing Neil
McMichael, with a term beginning June 19, 2013 through June 19, 2016.
COUNTY CLERK
Item P2 Board granted official approval of the Board of County Commissioners minutes
from the April 10, 2013 workshop meeting; April 17, 2013 regular meeting; and April 18, 2013
special meeting (previously distributed).
Item P3 Board granted approval of the following Warrants for the month of May 2013:
General Fund (001), in the amount of $1,796,668.04; Fine & Forfeiture Fund (101), in the
amount of $3,288,340.48; Road and Bridge Fund (102), in the amount of $86,503.53; TDC
District Two Penny (115), in the amount of $452,656.58; TDC Admin. & Promo 2 Cent
(116), in the amount of $1,016,915.82; TDC District 1,3 Cent (117), in the amount of
$917,282.57; TDC District 2,3 Cent (118), in the amount of $65,515.35; TDC District 3,3
Cent (119), in the amount of $380,482.16; TDC District 4,3 Cent (120), in the amount of
$124,582.59; TDC District 5,3 Cent (121), in the amount of $217,968.51; Gov. Fund Type
Grants (125), in the amount of $230,783.04; Fire & Amb District 1 L &M Keys (141), in the
amount of $159,491.14; Upper Keys Health Care (144), in the amount of $528.18; Uninc Svc
Dist Parks & Rec (147), in the amount of $69,236.16; Plan, Build, Zoning (148), in the amount
of $58,264.25; Municipal Policing (149), in the amount of $493,114.69; Duck Key Security
(152), in the amount of $4,169.73; Local Housing Assistance (153), in the amount of $625.00;
Boating Improvement Fund (157), in the amount of $16,892.75; Misc. Special Revenue Fund
(158), in the amount of $37,987.06; Environmental Restoration (160), in the amount of
$302.76; Law Enforcement Trust (162), in the amount of $25,500.00; Court Facilities Fees -
602 (163), in the amount of $149,857.29; Drug Abuse Trust (164), in the amount of $1,901.01;
Building Fund (180), in the amount of $70,271.41; Cent Infra Surtax (304), in the amount of
$31,181.59; INFR Sls Srtx Rev Bds2007 (308), in the amount of $359,359.50; Cudjoe
Regional (312), in the amount of $3,059.05; Card Sound Bridge (401), in the amount of
$9,020.01; Marathon Airport (403), in the amount of $63,107.51; Key West Intl. Airport
(404), in the amount of $633,706.69; KW AIP Series 2006 Bonds (405), in the amount of
$1,632.65; MSD Solid Waste (414), in the amount of $1,266,286.12; Worker's Compensation
(501), in the amount of $29,965.11; Group Insurance Fund (502), in the amount of
$1,298,573.54; Risk Management Fund (503), in the amount of $1,230,905.48; Fleet
Management Fund (504), in the amount of $90,951.77; 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 May 2013: Advertising, in the amount of $2,296,973.62; Bricks & Mortar
Projects/Interlocal, in the amount of $284,002.08; Visitor Information Services, in the amount
$84,254.33; Events, in the amount of $179,304.51; Office Supplies & Oper Costs, in the
amount of $19,521.18; Public Relations, in the amount of $158,354.89; Sales & Marketing, in
the amount of $79,404.37; Telephone & Utilities, in the amount of $17,993.16; Travel, in the
amount of $18,195.43.
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Item P5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said inventory is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item Q2 Board granted approval for the running of the 33th Annual 7 -Mile Bridge Run for
Saturday, April 5, 2014 from 6:45 A.M. to 9:00 A.M.
Item Q4 Board adopted the following Resolution request by Crime Stoppers of the Keys,
Inc., to merge with Crime Stoppers of Miami -Dade County Inc., and authorize execution of the
First Amendment to the Letter of Agreement between Monroe County Board of County
Commissioners and Crime Stoppers of the Keys, Inc., to include the proposed merger.
RESOLUTION NO. 181 -2013
Said Resolution is incorporated herein by reference.
Item Q8 Board granted approval of the appointment of Bill Kelly of the Florida Keys
Commercial Fishermen's Association (FKCFA) to the Marine & Port Advisory Committee with
term to expire November 1, 2016.
Item Q9 Board granted approval of the appointment of David Makepeace of the Florida
Keys National Marine Sanctuary Advisory Council (SAC) to the Marine & Port Advisory
Committee with term to expire October 2013, after which the SAC will ensure continuity of SAC
representation on the MPAC.
COUNTY ATTORNEY
Item R3 Board granted approval to advertise a Public Hearing to consider an Ordinance
creating Monroe County Code Chapter 23 -42, creating an additional homestead exemption to
certain persons 65 or older, as allowed pursuant to F. S. 196.075, as voted on by the citizens of
Florida in the November 2012 elections.
Item R4 Board granted approval of the semi - annual examination of Public Official Bonds
for County Commissioners and Constitutional Officers pursuant to F. S. 137.05.
Item R5 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance creating Sec. 2 -28, Monroe County Code setting the public official bond amounts for
County Commissioners and Constitutional Officers pursuant to Chapters 137, 28 and 30, Florida
Statutes and providing an insurance alternative if insurance coverage is purchased in excess of
the public official bond amount required.
Item R6 Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 19 -33 of the Monroe County Code to provide an exception for homeowner's
associations to obtain a permit for limited landscaping around wastewater lift stations in County
public right -of -way when the homeowner's association agrees to be responsible for the
maintenance of the landscaping.
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Item R8 Board granted approval of Quit Claim Deed in favor of Karl R. Lindquist and
Carol K. Lindquist.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice abstained from voting on the following two items due to a conflict of
interest:
Item C2 Approval of Amendment #4 between the Monroe County Community
Transportation Coordinator Guidance /Care Center, Inc. and the Monroe County Board of County
Commissioners for contract period 07/01/2013 through 06/30/2014 allowing for the
reimbursement of Medicaid trips.
Item C3 Approval of a Contract between Monroe County Board of County Commissioner
and the Community Transportation Coordinator Guidance /Care Center, Inc. for a contract period
of 07/01/2013 through 06/30/2014.
Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
granting approval and authorizing execution of the above two items. Motion carried
unanimously, with Commissioner Rice abstaining.
Bob Shillinger, County Attorney; Roman Gastesi, County Administrator and Judy
Clarke, Engineering Director addressed the Board concerning the following two items:
Item C30 Approval to allocate $526,144 of countywide impact fees and $1,678,260 of
District 3 Transportation Impact Fees to partially fund construction and construction engineering
and inspection (CEI) services for the CR 905 bike lane project.
Item C31 Approval to advertise for construction bids for the CR 905 Bike Lane Project.
Construction is expected to be funded by transportation impact fees and supplemented by
infrastructure sales tax funds, if necessary.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval of the above two items. Motion carried unanimously.
ENGINEERING
Item M1 Judy Clarke, Engineering Director 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 right -of -way near various wastewater lift stations. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Murphy to overturn the denial
and to affirm the appeal. Motion carried unanimously.
06/19/2013 Page 12
MISCELLANEOUS BULK APPROVALS
Item C10 James Callahan, Fire Chief addressed the Board concerning the request to issue a
Request for Proposal (RFP) for installation of fire hydrants in Monroe County. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting
approval of the item. Motion carried unanimously.
Item C11 James Callahan, Fire Chief addressed the Board concerning the approval to enter
into an Agreement between Evergreen Trails, Inc. d /b /a Horizon Coach Lines and Monroe
County Board of County Commissioners, to provide additional emergency transportation
services to Monroe County residents, guests, workforce and their appropriately caged or crated
pets during the evacuation, re -entry and recovery phase of an emergency as determined by
Monroe County Emergency Management, and authorization for the County Administrator to
execute any other required documentation. Mr. Callahan advised the Board that the name of the
facility that the animals would be transported to is Darwin E. Fuch and requested permission to
make that change in the document. After discussion, motion was made by Commissioner
Kolhage and seconded by Commissioner Rice granting approval of the item with the mentioned
change. Motion carried unanimously.
Item C14 Teresa Aguiar, Employee Services Division Director and Bob Shillinger, County
Attorney addressed the Board concerning the approval to advertise a Request for Proposals to
hire an individual or firm to conduct a Job Classification & Compensation Study. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy granting approval of the item with additional language in the Scope of Work regarding
the benefit costs. Motion carried unanimously.
Item C18 Roman Gastesi, County Administrator and Bob Shillinger, County Attorney
addressed the Board concerning the approval to renew the existing Emergency Generator
Maintenance Contract with All Power Generators, Corp. for one additional year. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice
granting approval of the item. Motion carried unanimously.
Item C41 Nat Cassel, Assistant County Attorney addressed the Board concerning approval
to terminate for cause the construction contract for ADA Compliance Segment #1 and the
contract for ADA Compliance Segment #2, both of which are with Mailloux and Sons, Inc. The
following individual addressed the Board: Jade Mailloux, representing Mailloux and Sons, Inc.
Bob Shillinger, County Attorney addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to terminate the contracts. Motion
carried unanimously.
STAFF REPORT
Item E1 Airports - Peter Horton, Director of Airports introduced Don DeGraw, Assistant
Director of Airport s/Marathon Airport Manager.
06/19/2013 Page 13
Item E3 Emergency Services - James Callahan, Fire Chief advised the Board that the
firefighters moved into the Conch Key Fire Station last week; and gave an update on the Stock
Island Fire Station.
Item E5 Public Works - Kevin Wilson, Public Works & Engineering Director introduced
David Hill, Project Manager Director, who is replacing Jerry Barnett who is retiring. Mr. Wilson
discussed the draft Space Utilization Report and wanted to remind everyone to get their
comments back by a week from today; updated the Board on the construction of the wastewater
treatment plant at the Cudjoe Transfer Station; gave a financial update on the Cudjoe Project
with the Florida Keys Aqueduct Authority; and advised that he will give monthly updates on the
progress of the construction.
Item E6 Growth Management - Christine Hurley, Growth Management Director advised
the Board that the Ordinances adopted related to the NROGO Commercial Square Footage
creating a diminimus category for properties that want to add a 1,000 without a Public Hearing,
as well as the NROGO bank was approved by Department of Economic Opportunity and it has
passed its appeal period. They will be advertising the approximate square footage available in
the bank, and starting July 15 applications that come in through permitting will be processed
under the new Ordinance. Informed the Board that Maximus has been working on evaluating the
costs of delivering permitting services and that they will produce their recommendations publicly
in August related to what the county should be charging for permitting. There will be at least
two public meetings with the public before it comes to the Commission for consideration.
Advised that the Interactive Voice Response System is underway and that they are expecting to
reveal it to the public in the fall and start testing it. Advised that Growth Management is drafting
a request for proposals for private providers that would be on call as needed, for permitting. The
document is expected to come before the Board in August. Announced that on July 18, 2013,
10:00 a.m., at the Harvey Government Center, she will discuss land acquisition priorities that
Growth Management is recommending as well as give an update on the Big Pine Habitat
Conservation Plan and the incidental take permit.
Item E7 Intergovernmental Affairs - Lisa Tennyson, Director Legislative Affairs & Grants
Acquisition gave a legislative update. Ms. Tennyson gave an overview of two trips taken to
Tallahassee and Washington, DC; advised that the Gulf Consortium meeting that the County
held in May went very well; announced that the next Gulf Consortium meeting is scheduled for
Tampa on June 28, 2013; advised that the local RESTORE Act committee had two meetings on
May 15 and June 12 and that the next meeting is set for June 28 and that they will be
reviewing the application process that will go back to the Board at the July meeting; advised that
the Federal Council Draft Plan is out and that the Treasury Rules are still not out; and discussed
the pots that are available for potential project funding. Roman Gastesi, County Administrator
and Christine Hurley, Growth Management Director addressed the Board to explain CRS,
Community Rating System, is a program that we participated in the 90s and that we had
achieved a discount on flood insurance for the citizens. Ms. Hurley advised that the County fell
out of favor because we allowed downstairs enclosures to be constructed, and as part of being
removed from the Pilot Program, they have now agreed that we are eligible to re -enter the CRS.
06/19/2013 Page 14
COMMISSIONERS' ITEMS
Item 010 Roger Hernstadt, Marathon City Manager; Bob Shillinger, County Attorney and
Kevin Wilson, Public Works & Engineering Director addressed the Board concerning a
conveyance of property on 33rd Street in Marathon on which the Senior Center sits. Marathon
wishes to reconfigure that area to build a community center which would include a Senior
Center. After discussion, Board directed the County Attorney to take an interdisciplinary
approach with staff, Social Services, Engineering, Legal, and whoever else needs to come to that
mix, listen to what the City's proposal is and compare it with what services we're providing and
come back to give the Board more information, at a date to be determined in the future, when
enough information has been gathered.
COUNTY ADMINISTRATOR
Item Q11 Elizabeth Young, Executive Director of Florida Keys Council of the Arts and Bob
Shillinger, County Attorney addressed the Board concerning approval of a Resolution and an
Interlocal Agreement (ILA) among Broward, Martin, Miami -Dade, Monroe and Palm Beach
Counties relating to South Florida Cultural Consortium. The ILA formalizes the longstanding
relationship between the counties, whose purpose is to enhance, encourage and to fund public
expenditures in support of arts and culture between the counties. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the
following Resolution. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
RESOLUTION NO. 182 -2013
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item R2 Christine Hurley, Growth Management Director; and Bob Shillinger, County
Attorney addressed the Board concerning the approval of Twelfth Amended Settlement
Agreement in Case No. CA -K 01 -108, Richard M. Osborne, Trustee & Conch Contrada, L.C. v.
Monroe County, et al. After discussion, motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously.
06/19/2013 Page 15
DIVISION OF GROWTH MANAGEMENT
Item H1 Trish Smith, Transportation Planning Manager addressed the Board concerning
the approval for the Mayor to transmit a letter to FDOT concurring with the proposed 2010
Federal Highway Administration (FHWA) Urban Boundary for US 1 in Monroe County. No
changes in the Urban Boundary Area proposed. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy granting approval of the item.
Motion carried unanimously.
CLOSED SESSIONS
Item I1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of KW Resort Utilities Corp. v. Monroe County, PSC Docket No. 130086 -SU.
Pursuant to F.S.286.011(8), the subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures. The persons attending the
meeting will be the County Commissioners, County Administrator Roman Gastesi; Bob
Shillinger, County Attorney; Assistant County Attorney Nat Cassel; Special Litigation Counsel
Robert "Schef' Wright; and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Item I2 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session of
the Board of County Commissioners to discuss collective bargaining with the Teamsters, Local
769, per F. S. 477.605(1). The persons attending the meeting will be the County Commissioners,
County Administrator Roman Gastesi; Bob Shillinger, County Attorney; OMB Director Tina
Boan; Public Works & Engineering Division Director Kevin Wilson; Employee Services
Division Director Teresa Aguiar; Veterans Affairs Director George Brentnall; Social Services
Department Head Sheryl Graham; Assistant County Attorney Cynthia Hall. The above -named
participants, apart from the Commissioners, are each members of the designated management
negotiation team or their alternates. Mr. Shillinger advised that this closed session is exempt
from the requirements of F. S. 286.011.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
DIVISION OF GROWTH MANAGEMENT
Item G13 Jerry Smith, Senior Director/Building Official; Lisa Granger, Assistant County
Attorney and Bob Shillinger, County Attorney addressed the Board concerning the approval to
advertise a Public Hearing to consider the adoption of a County Ordinance amending Monroe
County Code, Chapter 6, Section 6 -198 clarifying the definition of Contractor and adding the
definition of Employee; amending Section 6- 200(7) clarifying the parameters and restrictions of
owners acting as their own contractors and amending Section 6- 270(b) clarifying the difference
between an owner acting as their own contractor; and an unlicensed contractor; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for filing
06/19/2013 Page 16
with the Department of State; and providing an effective date. After discussion, a motion was
made by Commissioner Murphy and seconded by Commissioner Carruthers to deny the request.
Roll call vote carried unanimously.
COUNTY ADMINISTRATOR
Rhonda Haag, Sustainability Program Manager and Wendy Blondin, Project Manager
representing AMEC addressed the Board concerning the following two items:
Item Q6 Approval of Amendment No. 1 to the Grant Agreement from Florida Department
of Environmental Protection (FDEP) funding bathymetric surveys and collection and analysis of
soil samples to help determine the costs of implementing the canal restoration strategies.
Amendment No. 1 provides a slight decrease in scope of work due to delays in work performed
by the Contractor (AMEC) which were caused by inclement weather and canal access issues.
The grant agreement will remain at a not to exceed amount of $100,000, but funding will be
reduced by approximately $3,000 for the number of miles of canals not surveyed.
Item Q7 Approval of Amendment No. 1 to the Task Order with AMEC Environmental &
Infrastructure, Inc. to perform bathymetric surveys and collect and analyze soil samples. This
Amendment No. 1 will slightly reduce the number of canals being surveyed and reduce the
funding accordingly by $49.66 per each 1 /10 mile of canals not surveyed. The estimated
reduction in contract amount shall be approximately $3,000 for canals not surveyed. The final
list of canals not able to be surveyed within the time period of the Agreement will be included in
the final deliverable product by June 14, 2013.
After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Rice granting approval of the above two items. Motion carried unanimously.
Item Q1 Roman Gastesi, County Administrator referred the Board to the Monthly Activity
Report, May 2013. Mr. Gastesi advised that the airport continues to do well and is 5.5% over
last year's numbers; and that the bond was paid off last month, 23 years ahead of time, saving
over $30 million dollars in interest. Peter Horton, Director of Airports gave the Board an update
on the projects at the Key West Airport. Mr. Gastesi requested, and was given permission, to
talk to the School Board about library siting in the Marathon area. Rhonda Haag, Sustainability
Program Manager addressed the Board concerning the canal demonstration and restoration
projects and discussed point system criteria for homeowner participation. Board requested that
Ms. Haag discuss the matter with the Water Quality Protection Program Committee at the July
10, 2013 meeting and bring it back to the Board's July meeting.
PUBLIC HEARINGS
Item S 1 A Public Hearing was held to consider adoption of an Ordinance amending Sec.
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. There was no public input. Motion was made by Commissioner Rice and
seconded by Carruthers to adopt the following Ordinance. Motion carried unanimously.
06/19/2013 Page 17
ORDINANCE NO. 024 -2013
Said Ordinance is incorporated herein by reference.
Item S2 A Public Hearing was held to consider adoption of a Resolution by the BOCC to
amend Resolution #158 -2013, the Planning & Environmental Resources Fee Schedule to: Revise
and establish fees for Nonresidential Rate of Growth Ordinance ( NROGO) applications,
consistent with the adopted Ordinances 019 -2013 and 020 -2013 revising provisions concerning
the annual NROGO process and establishing the NROGO bank process; and repeal any other fee
schedules inconsistent herewith. 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. 183 -2013
Said Resolution is incorporated herein by reference.
Item S3 A Public Hearing was held to consider adoption of the Final Assessment
Resolution (FAR) describing the method of assessment for properties in the Cudjoe Regional
Inner Islands Wastewater Supplemental Assessment Program. The following individual
addressed the Board: Bob Pabian, representing CBRIS, KWEST, KG Keys and Pabin
Properties. Kevin Wilson, Public Works & Engineering Director; Christine Hurley, Growth
Management Director; Roman Gastesi, County Administrator and Camille Tharpe, representing
Government Services Group addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Kolhage granting approval of the item with
the following amendment to include property described as AK1232904, which is located at
22707 Blackbeard Lane on Cudjoe Key. Motion carried unanimously.
RESOLUTION NO. 184 -2013
Said Resolution is incorporated herein by reference.
Item S4 A Public Hearing was held consider the adoption of the Final Assessment
Resolution (FAR) describing the method of assessment for properties in the Cudjoe Regional
Outer Islands Wastewater Supplemental Assessment Program. There was no public input.
Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 185 -2013
Said Resolution is incorporated herein by reference.
Item S5 A Public Hearing was held to consider the adoption of the Final Assessment
Resolution (FAR) describing the method of assessment for properties in the Cudjoe Regional
Venture Out Wastewater Supplemental Assessment Program. There was no public input. Motion
was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
06/19/2013 Page 18
RESOLUTION NO. 186 -2013
Said Resolution is incorporated herein by reference.
Item S6 Kevin Wilson, Public Works & Engineering Director requested that the Board
continue the Public Hearing to consider the adoption of the Final Assessment Resolution (FAR)
describing the method of assessment for properties in the Big Coppitt/Duck Key Supplemental
Assessment area to next month's meeting. Motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy to continue the item to the July 18 meeting in Key West.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Item 011 The following individuals addressed the Board concerning the Cudjoe Area
property owners concerns about the proposed use of low pressure grinder pumps rather than a
gravity collection system: Bill Eardley, Larry Francisco, representing Cudjoe Garden Property
Owner's Association; Walte Drabinsky, Jan M. Edelstein, Bill Hunter, representing Sugarloaf
Shores Property Owner's Association; Bud Rogers, Randy Bell, representing Water Resource
Technologies; Rene Mathews, representing Mathews Consulting; Deb Curlee, Kirk Zuelch,
Executive Director of Florida Keys Aqueduct Authority; Tom Walker, Manager of Engineering
of Florida Keys Aqueduct Authority. Roman Gastesi, County Administrator; Kevin Wilson,
Public Works & Engineering Director; and Bob Shillinger, County Attorney addressed the
Board. The Board took no official action.
DIVISION OF GROWTH MANAGEMENT
Item H2 Rich Jones addressed the Board concerning the approval of selection of Boating
Improvement Funds (BIF) funding requests submitted by various municipalities totaling
$45,000, and direction for staff to draft Inter -Local Agreements with the Village of Islamorada
($20,000 for regulatory buoy maintenance) and Marathon ($25,000 for improvements to the
Dodge Lake boat ramp) providing for reimbursement for boating and waterways related projects
to be performed in Fiscal Year 2014. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Kolhage granting approval of both items. Motion
carried unanimously.
Commissioner Rice excused himself from the meeting.
Item H3 Christine Hurley, Growth Management Director addressed the Board concerning
the adoption of a proposed County Ordinance amending Section 17 -2 and Section 17 -6, of the
Monroe County Code to clarify prohibitions regarding the parking and storage of vehicles;
watercraft; and /or wrecked, inoperative or partially dismantled vehicles and watercraft on
County roads, rights -of -ways, on private property and in residential districts throughout Monroe
County. After discussion, the item was tabled to the July meeting.
Commissioner Rice returned to the meeting.
06/19/2013 Page 19
Item H4 Christine Hurley, Growth Management Director updated the Board on FEMA
National Insurance Program (NFIP) Community Assistance Visit (CAV) Report of Findings,
dated May 23, 2013. Ms. Hurley advised the Board that the Pilot Program will end on June 28,
2013; and that FEMA expects inspections of the structures that were not inspected under the
Pilot Program through the transfer of ownership inspections and through other methods already
in place.
PROJECT MANAGEMENT
Item N1 Peter Horton, Director of Airports and Kevin Wilson, Public Works & Engineering
Director addressed the Board concerning the use of airport property originally reserved for
construction of a new Emergency Operations Center (EOC). After discussion, motion was made
by Commissioner Kolhage and seconded by Commissioner Rice granting approval of staff
recommendation that space be made available for other uses and EOC siting be revisited when
funding is available. Motion carried unanimously.
COMMISSIONERS' ITEMS
Item 03 Motion was made by Commissioner Rice and seconded by Commissioner Murphy
directing staff to move forward on the Contractual Agreement with Department of
Environmental Protection Divisions of State Lands regarding a parcel of property on Big Pine
Key known as the "Swimming Hole" which would be utilized by the Overseas Scenic Highway
Heritage Trail as a Trailhead and passive park with possible land /water inter phase. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Item Q3 Bob Shillinger, County Attorney addressed the Board concerning the approval of
Professional Services Agreement between Robert Reyes of Floridian Partners, LLC and Monroe
County for continuing Strategic Governmental Consulting Services for another one -year term
effective July 19, 2013 through July 18, 2014. Motion was made by Commissioner Carruthers
and seconded by Commissioner Kolhage granting approval of the item. Motion carried
unanimously.
Item Q5 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition announced the
upcoming Monroe County Local RESTORE Act Advisory Committee will take place on Friday,
June 28, 2013, 9:00 a.m., at the Marathon Government Center.
Item Q10 Motion was made by Commissioner Rice and seconded by Commissioner
Kolhage to appoint Mayor Neugent to serve on the Criminal Justice Mental Health Substance
Abuse Planning Council. This is a voting position which, as stated in Resolution No. 289 -2010,
is to be filled by either the County Mayor or another County Commissioner designated by the
County Mayor. Motion carried unanimously.
06/19/2013 Page 20
COUNTY ATTORNEY
Item R1 Bob Shillinger, County Attorney updated the Board on the Turkey Point
Administrative Litigation. He advised that the South Florida Regional Planning Council and
several other local governments have signed the Settlement Agreement that has resolved many of
the issues of concern, and that they are still going to monitor it.
Mr. Shillinger read the required language into the record and requested to hold a Closed
Session in the matter of Neuman v. Monroe County, Florida, Case No. 04 -CA -663 -K to be held
at the regularly scheduled meeting on July 18, 2013, at 10:00 a.m.
Item R7 Bob Shillinger, County Attorney read the required language into the record and
requested to hold an Attorney - Client Closed Session in the matter of Monroe County Board of
County Commissioners vs. Gonzalez Architects, et al, Case No. 07- CA- 1428K/2008 -CA -458 -K
Consolidated at the July 17, 2013, BOCC meeting in Key West at 1:30 p.m.
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
06/19/2013 Page 21