08/21/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 21, 2013
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner David P. Rice and Mayor George Neugent. Also present at the meeting
were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Amy Heavilin,
County Clerk; Vitia Fernandez, Deputy Clerk; County Staff, members of the press and radio; and
the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy granting approval of the Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Danny Kolhage, Commissioner David P. Rice, Mayor
George Neugent, Mayor Norm Anderson and Councilwoman Kate Snow.
James Callahan, Fire Chief addressed the Board concerning the following items:
Item F2 Approval to award the Maintenance of Monroe County Fire Rescue Vehicles
contract to Fire Tech Repair Service, Inc.; three (3) year contract not to exceed two (2) renewal
options, and approval for the Fire Chief to sign all documents as needed to complete transaction.
After discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Kolhage to approve the item. Motion carried unanimously.
Item F3 Approval to enter into an agreement with Motorola Solutions, Inc. for the service,
maintenance and support of existing mobile communications equipment, and any additional
mobile communications equipment purchased from Motorola, and approval for the Fire Chief to
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sign all documents as needed to complete the transaction. After discussion, a motion was made
by Commissioner Rice and seconded by Councilman Anderson. Motion carried unanimously.
Item F1 Report - James Callahan, Fire Chief reminded the Board regarding the grand
opening of the new Conch Key Fire House on September 17 2013. Mr. Callahan informed the
Board that the Insurance Service Organization (ISO) is in the Keys and they are evaluating all
the fire houses from Conch Key all the way through Stock Island.
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 the commissioners present.
BULK APPROVALS
Item B 1 Board granted approval of a First Amendment to Contract for Consulting Services
to MBI/K2M Architecture Inc. for the Space Planning /Facilities Assessment Report, extending
the completion date and increasing the fee by $2,500.00. This project is funded by Ad Valorem.
Item B2 Board granted approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office.
Item B3 Board adopted the following Resolution removing previous appointment of an
authorized agent of an Animal Control Contractor.
RESOLUTION NO. 213 -2013
Said Resolution is incorporated herein by reference.
Item B4 Board granted approval for Monroe County Board of County Commissioners to
award bid and execute contract, to Bob Hilson & Company, Inc. for the "Roofing Improvements
— Marathon Detention Center" project.
Item B5 Board granted approval for staff to demolish, remove, and dispose of a 30' x 10'
trailer formerly used by the Old Tavernier Health Department.
Item B6 Board granted approval of Amendment to Agreement with Carolina Software,
Inc. (CSI) regarding upgrade of WasteWORKS Software used by Solid Waste Management.
Item B7 Board granted approval of Consent to Assignment agreement with Big Pine
Athletic Association, Inc., hereafter ASSIGNOR and Boys and Girls Club, Inc., hereafter
ASSIGNEE for management of the Big Pine Skate Park.
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Item B8 Board granted approval of Consent to Assignment agreement with Big Pine
Athletic Association, Inc., hereafter ASSIGNOR and Boys and Girls Club, Inc., hereafter
ASSIGNEE for the business least agreement for Parcels IJ and II, Pine Key Acres, Big Pine Key,
Florida (a /k/a Watson Field) for an amount of rent totaling $1.00 per year.
Item B9 Board granted approval for 2nd Renewal Agreement on a Month to Month basis
with U. S. Water Services Corporation for the operation and maintenance of wastewater
treatment plant for the Marathon Government Center, Monroe County.
Item B 10 Board granted approval to extend the Contract with Barnes Alarms, Inc. for fire
and panic alarm system annual certification, maintenance and monitoring on a Month to Month
basis until a contract bid can be awarded.
Item B 11 Board granted approval to extend Contract with G & K Uniform Services for the
Division of Public Works/Engineering uniform services pending transition of new bid award and
contract.
Item B 12 Board granted approval to award bid and execute a Contract for Uniform Services
with UniFirst Corporation for Public Works/Engineering Division, Monroe County.
Item B 14 Board granted approval to advertise for Proposals for the Network Switching
Equipment Project. This project will replace aging switching infrastructure as phase 1 of the
replacement of the County's telephone system.
Item B 15 Board granted approval to enter into an Agreement with Motorola Solutions, Inc.
for the service, maintenance and support of existing mobile communications equipment, and any
additional mobile communications equipment purchased from Motorola, and approval for the
Fire Chief to sign all documents as needed to complete the transaction.
Item B 16 Board granted approval of a Memorandum of Agreement between the City of
Miami and Monroe County for distribution of five (5) Volvo construction equipment,
Lightsource Light Towers at no cost to the County and valued at $39,500.00 with no county
match required; and authorization for the County Administrator to execute any other required
documentation related to modifications, amendments, extensions, or any other matter related to
this UASI Memorandum of Agreement.
Item B 17 Board granted approval of various Resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue.
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 214 -2013
Said Resolution is incorporated herein by reference.
Resolution amending Resolution 202 -2013 (OMB Schedule Item No. 2).
RESOLUTION NO. 215 -2013
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 216 -2013
Said Resolution is incorporated herein by reference.
Resolution amending Resolution 172 -2013 (OMB Schedule Item No. 4).
RESOLUTION NO. 217 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 218 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 219 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 220 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 221 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 222 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 223 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 224 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 225 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 226 -2013
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 227 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 228 -2013
Said Resolution is incorporated herein by reference.
Item B 18 Board granted approval to award bid and enter into a Contract with Keys Security
Inc. for an amount not to exceed $60,000.00 per year at the rate of $16.00 per hour for Security
Patrols and Services in the Duck Key Security District.
Item B 19 Board granted authorization for the Mayor to execute the revised Edward Byrne
Memorial Justice Assistance funding distribution letter with the Florida Department of Law
Enforcement for fiscal year 2013 -2014 (Oct. 1, 2013 through Sept. 30, 2014), whereby Monroe
County agrees to the distribution of $83,375 in program funds in the County.
Item B20 Board adopted the following Resolution ratifying submission of grant applications
to the Florida Department of Law Enforcement (FDLE) due to additional funding and a revised
submission deadline and reflecting the revised FDLE Edward Byrne Memorial FY 2013 -14
Justice Assistance Grant (JAG) Countywide funding of $83,375 and rescinding prior Resolutions
No. 208 -2013.
RESOLUTION NO. 229 -2013
Said Resolution is incorporated herein by reference.
Item B21 Board granted approval of Business Associate Agreements between the Board of
County Commissioners of Monroe County and 1) Big Coppitt Volunteer Fire Dept. Inc. 2)
Sugarloaf Key Volunteer Fire Dept. Inc. 3) Big Pine Key Volunteer Fire Dept. Inc. 4) Layton
Volunteer Fire Dept. Inc. and 5) Tavernier Volunteer Fire Dept. Inc. outlining national privacy
standards with respect to use, disclosure, exchange, and security of protected health information,
and the role of each agency with regard to compliance; and authorization for Fire Chief J.
Callahan to execute the Business Associate Agreements.
TOURIST DEVELOPMENT COUNCIL
Item C1 Board granted approval of an Amendment to Agreement with the City of Key
West for the Rest Beach Renourishment project for $245,000, to extend the termination date to
September 30, 2014.
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Item C2 Board granted approval of an Amendment to Agreement with the City of Key
West for the Rest Beach Renourishment project for $207,000, to extend the termination date to
September 30, 2014.
GROWTH MANAGEMENT — BULK APPROVALS
Item I1 Board granted approval of an Inter -Local Agreement (ILA) between Monroe
County and the City of Key West (City) reimbursing the City in an amount up to $37,100 from
Boating Improvement Funds (BIF) for costs to be incurred by the City during Fy' 14 for mooring
field related work.
Item I2 Board granted approval of a six month extension with Florida Fish & Wildlife
Conservation Commission (FFWCC) to continue funding the removal of invasive exotic plants
from conservation lands that are owned or managed by Monroe County.
Item H5 Board granted approval of refund to FRAPALU, LLC for FEMA Flood
Inspection Permit issued on July 5, 2013.
Item H8 Board granted approval of a Memorandum of Agreement with the Florida Keys
Community College (FKCC) for on -site and off -site training of Microsoft Office Suite software
applications for Monroe County employees and waiver of purchasing policy because of
convenience, location, qualifications and provision of materials.
Item H9 Board adopted the following fee Resolution amendment creating ability for permit
applicants to reimburse County for after -hours inspections if County Inspectors are available and
can fulfill request.
RESOLUTION NO. 230 -2013
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item L1 Board granted approval of the reappointment of George L. Fernandez to the
Tourist Development Council Board. His term will expire July 15, 2017.
Item L2 Board granted approval for the appointment of James O. Fitton to the Monroe
County Marine & Port Advisory Committee. His term will expire November 1, 2016.
COUNTY CLERK
Item M2 Board granted official approval of the Board of County Commissioners minutes
from the June 19, 2013 regular meeting (previously distributed).
Item M3 Board granted approval of Warrants for the month of June, 2013: (107341- 107404
& 584680 - 585576): General Fund (001), in the amount of $2,419,212.11; Fine & Forfeiture
Fund (101), in the amount of $3,286,533.10; Road and Bridge Fund (102), in the amount of
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$224,503.51; TDC District Two Penny (115), in the amount of $203,408.10; TDC Admin. &
Promo 2 Cent (116), in the amount of $619,637.48; TDC District 1,3 Cent (117), in the
amount of $411,598.81; TDC District 2,3 Cent (118), in the amount of $62,850.59; TDC
District 3,3 Cent (119), in the amount of $83,006.63; TDC District 4,3 Cent (120), in the
amount of $73,359.74; TDC District 5,3 Cent (121), in the amount of $130,546.12; Gov. Fund
Type Grants (125), in the amount of $645,885.75; Impact Fees Roadways (130), in the amount
of $38,447.41; Fire & Amb District 1 L &M Keys (141), in the amount of $102,007.17; Upper
Keys Health Care (144), in the amount of $1,188.27; Uninc Svc Dist Parks & Rec (147), in
the amount of $86,957.11; Plan, Build, Zoning (148), in the amount of $56,104.34; Municipal
Policing (149), in the amount of $490,111.91; 911 Enhancement Fee (150), in the amount of
$76,031.69; Duck Key Security (152), in the amount of $5,313.10; Local Housing Assistance
(153), in the amount of $27,779.87; Boating Improvement Fund (157), in the amount of
$11,090.00; Misc. Special Revenue Fund (158), in the amount of $32,459.04; Environmental
Restoration (160), in the amount of $5,483.77; Court Facilities Fees -602 (163), in the amount
of $62,563.57; Building Fund (180), in the amount of $6,157.76; Cent Infra Surtax (304), in
the amount of $104,145.91; INFR Sle Srtx Rev Bds2007 (308), in the amount of $327,709.86;
Big Coppitt Wastewater PR (310), in the amount of $14,684.90; Duck Key Wastewater (311),
in the amount of $1,427.93; Cudjoe Regional (312), in the amount of $7,007,573.78; Card
Sound Bridge (401), in the amount of $14,357.72; Marathon Airport (403), in the amount of
$237,978.23; Key West Intl. Airport (404), in the amount of $1,271,328.52; KW AIP Series
2006 Bonds (405), in the amount of $88.66; MSD Solid Waste (414), in the amount of
$1,293,332.82; Worker's Compensation (501), in the amount of $25,327.00; Group Insurance
Fund (502), in the amount of $1,119,807.36; Risk Management Fund (503), in the amount of
$62,264.24; Fleet Management Fund (504), in the amount of $95,824.11; Fire &EMS LOSAP
Trust Fund (610), in the amount of $4,650.00.
Item M4 Board granted approval of Tourist Development Council expenditures for the
month of June, 2013.
Item M5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item N4 Board granted approval of the settlement Agreement as requested by the FL
Department of Environmental Protection (FDEP) S0640 for the bathymetric surveys. This item
simply adds an attachment which was not included in the settlement agreement originally
provided by FDEP and approved at the July BOCC meeting. The language of the agreement is
not changed.
COUNTY ATTORNEY
Item 05 Board granted approval of Agreement for Expert Witness Services with Vernis &
Bowling of the Florida Keys, P.A.
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Item 06 Board granted approval of Agreement for Expert Witness Services with Marr and
Associates Appraisal Company, Inc.
AIRPORT
Item Q1 Board granted approval to accept the "No Action" alternative proposed in the
DRAFT Environmental Assessment (EA) for Proposed Runway 7/25 Relocation at the Florida
Keys Marathon Airport.
SUPERVISOR OF ELECTIONS
Item R1 Board adopted the following Resolution, requested by the Supervisor of Elections,
which allows electronic filing of any campaign finance report by local candidates and political
committees and for the establishment of electronic filing procedures as authorized by law. In the
past Monroe County candidates and political committees were required to file campaign report
by hand delivery to the office of the SOE, this Resolution will allow the SOE to establish an
electronic procedure which will alleviate that necessity.
RESOLUTION NO. 231 -2013
Said Resolution is incorporated herein by reference.
Item R2 Board granted approval for the Supervisor of Elections (SOE) to enter into
contract negotiations with Dominion Voting Systems, who was the lowest and most responsible
respondent to an RFP for Voting Tabulation System Hardware and Software. The Cost for the
system will come exclusively from the SOE budget.
TOURIST DEVELOPMENT COUNCIL
Item C3 Bob Shillinger, County Attorney and Roman Gastesi, County Administrator
addressed the Board regarding the approval of one appointment of an elected municipal official
to the Tourist Development Council. This appointment is for a four year term with expiration
8/21/17. After discussion, the Board proceeded to ballot on the basis of the highest point total
being the appointee selected. The Clerk announced the results with the following results:
Names
Carruthers
Kolhage
Murphy
Rice
Neugent
Total
Peter Batty
✓
✓
✓
✓
4
Teri
Johnson
✓
1
After discussion, the Board elected Peter Batty as the new elected municipal official to the
Tourist Development Council.
08/21/2013 Page 8
STAFF REPORT
Item D5 Public Works/Engineering/Project Management — Kevin Wilson, Public Works &
Engineering Director updated the Board regarding the Cudjoe Region Wastewater. They are
getting ready to pour the foundation of the treatment plant. On the Inner Islands they have laid
about 8 miles of gravity pipe, mostly to the easter side of Cudjoe Key. On the Outter Islands the
design is complete and permitted for both, Sugarloaf and Ramrod Key construction has started in
both islands. Some time in November we should have all the information for the rest of the
County on the Pavement Study. The following individuals address the Board: Kirk Raper and
Bill Hunter, representing the Sugarloaf Shores Property Owners Association.
Item D6 Growth Management — Christine Hurley, Growth Management Director updated
the Board regarding the upcoming meeting with the Construction Industry Group. The agenda
was sent out recently as well as a status report on implementation of the interactive voice system
that's going to be the computerized system for calling in inspections. We were notified that DEP
did have an acquisition meeting, it's the Acquisition Restoration Counsel and they are beginning
to develop their work land for Florida Forever Acquisition. They expect the work plan would
take about 3 to 4 months to develop. The package is almost ready to be presented with the
maping and the evaluation of the private vacant land that's left with the Florida Forever
Boundary. We are also further developing the military private vancant lands.
Item D7 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition updated the
Board regarding the legislative package. We will present a draft and briefing book on the next
Board of County Commissioners meeting. There was some changes to the National Flood
Insurance Program. The bigger waters amendment will significally change. The Congress is
also dealing with the re- authorization of the WRDA Bill. The WRDA Bill passed the Senate and
it's being finalize in the House.
GROWTH MANAGEMENT — BULK APPROVALS
Item I3 Christine Hurley, Growth Management Director addressed the Board concerning
the approval for the removal of a Lot Aggregation Restrictive Covenant recorded in the Monroe
County Public Records Documents #1758868, Book #2431, Page #1092 on September 15, 2009,
by Steven L. and Marni Caputo, applicant. The following individual addressed the Board: Steve
Caputo. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to deny the item. Motion carried unanimously.
After further discussion, another motion was made by Commissioner Kolhage and seconded by
Commissioner Carruthers to direct staff to process a land development code amendment to put
policy into place related to people and the deed restrictions that we require for aggregation and
other restricted covenants; analyze the FEMA injuction list and those expiration dates to
determine where the majority of the people are within those time limits and how those are
proceding and also find a way to retain the ROGO points and cases like this. Motion carried
unanimously.
08/21/2013 Page 9
EMPLOYEE SERVICES
Item H1 Discussion and approval of Group Health Plan changes to become effective
January 1, 2014. The following individuals addressed the Board: Sherry Wilson, employee of the
Property Appraiser's Office; Jodi Cullen, employee of the Property Appraiser's Office; Beth
Ann Connell, employee of the Property Appraiser's Office; Reggie Paros. Teresa Aguiar,
Employee Services Director and Roman Gastesi, County Administrator also addressed the
Board. After discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Carruthers to move the item to the next Board of County Commissioners meeting
in Marathon.
Bob Shillinger, County Attorney requested the Board postpone the two (2) Closed Sessions to
the next Board of County Commissioners meeting.
COUNTY ADMINISTRATOR
Item N2 Presentation /update on the BP Deepwater Horizon Oil Spill Funding/RESTORE
Act by Peggy Mathews of MW Consulting. Lisa Tennyson, Director of Legislative Affairs &
Grants Acquisition reminded the Board that the Local Committee met three times in May and
June. They developed an application and an application process plan. The completed
applications are due back August 30 2013. Ms. Tennyson noted they have had a lot of
inquiries but no applications yet. The Committee would put together a ranking list and that list
will come before the Board of County Commissioners for review and approval. Lisa Tennyson,
updated the Board regarding the multi year implementation plan. This plan would have to be
consistant with the Federal Counsel Plan and the Gold Consortium State Expenditure Plan which
are not yet finalized. Ms. Tennyson noted this plan is going to be the foundation to the County's
use of its Local Pot.
GROWTH MANAGEMENT — BULK APPROVALS
Item I4 Christine Hurley, Growth Management Director addressed the Board concerning
the approval of the release of the Affordable Housing Deed Restriction recorded in the Monroe
County Public Records Document #1467181, Book #2040, Page #706 on September 15, 2004 by
Victoria Aleksandrowicz. The following individual addressed the Board: Nick Mulley. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner rice to
approve the item. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item N3 Rhonda Haag, Sustainability Program Manager; Wendy Blondin, representing
AMEC; Bob Shillinger, County Attorney and John Hunt, Director of Florida Fish & Wildlife
Conservation Commission Research Lab in the Florida Keys addressed the Board concerning the
discussion and direction on the canal restoration program and the selection process as
08/21/2013 Page 10
recommended by the Water Quality Protection Program's Canal Restoration Advisory
Subcommittee for use in selecting the top 15 canal restoration projects and the final 5
demonstration projects to be designed and constructed. After discussion, a motion was made by
Commissioner Carrtuhers and seconded by Commissioner Rice to approve the staff
recommendation with selecting the 5 projects and moving forward. 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.
GROWTH MANAGEMENT — BULK APPROVALS
Item I6 Christine Hurley, Growth Management Director and Kathleen Windsor, Sr.
Research Analyst addressed the Board concerning the approval to advertise a Public Hearing to
consider adoption of Monroe 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, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to approve the item. Motion carried unanimously.
Item I7 Trish Smith, Transportation Planning Manager addressed the Board concerning
the approval of staff recommendations for the 2013 Transportation Alternative Program Funding
Cycle. After discussion, a motion was mad by Commissioner Murphy and Commissioner Rice
to approve the item. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
GROWTH MANAGEMENT
Item J1 Trish Smith, Transportation Planning Manager updated the BOCC regarding a
new sign program on the Florida Keys Scenic Highway that is being implemented by the State of
Florida to generate revenue for the operation and management of state - managed trails and
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greenways. No BOCC action required. The Overseas Heritage Trail is a state owned trail and
they are planning on putting up signs on seven (7) locations for existing facilities.
COUNTY ADMINISTRATOR
Item N1 Report — Roman Gastesi, County Administrator addressed the Board regarding his
staff report.
ENGINEERING
Item G2 Presentation from MBI /K2M Architecture, Inc. to discuss the findings of the draft
Development of Monroe County Space Planning /Facilities Assessment Report, and discuss the
development options and phases. The following individuals addressed the Board: Kevin Wilson,
Public Works & Engineering Director; Scott Maloney, MBI /K2M Architecture; Erin Baggarly,
CGL and Anthony Sarno, MBI/K2M Architecture.
PUBLIC HEARINGS
Item P 1 A Public Hearing to consider an Ordinance amending the Land Use District
(Zoning) Map from Recreation Vehicle (RV) to Suburban Commercial (SC), for property
described as a parcel of land in Section 14, Township 62 South, Range 38 East, Key Largo,
Monroe County, Florida having real estate number 00088840 - 000000. (QUASI - JUDICIAL —
STANDARD OF REVIEW). No public input. After discussion, a motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 032 -2013
Said Ordinance is incorporated herein by reference.
Item P2 A Public Hearing to consider a Resolution transmitting to the State Land Planning
Agency an Ordinance by the Monroe County Board of County Commissioners amending the
future land use map of the Monroe County Year 2010 Comprehensive Plan from Mixed
Use /Commercial (MC), Residential Low (RL), and Residential Conservation (RC), to Industrial
(I), Residential Conservation (RC), and Conservation (C), for property located at 101075 and
101101 Overseas Highway, MM 101, Key Largo, described as parcels of land within Section 27,
Township 61 South, Range 39 East, on Key Largo, Monroe County, Florida, having Real Estate
Numbers 00087100.000500 and 00087190.000000. (LEGISLATIVE — FAIRLY DEBATABLE
STANDARD OF REVIEW). The Following individual addressed the Board: Randy Wall. After
discussion, a motion was made by Commissioner Muphy and seconded by Commissioner Rice to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 232 -2013
Said Resolution is incorporated herein by reference.
08/21/2013 Page 12
The following individuals addressed the Board: Reen Stanhouse, Pegs Drewry, Breanna Kight
and Suzan Wiese. Christine Hurley, Growth Management Director and Bob Shillinger, County
Attorney also addressed the Board.
Item P3 A continuation of Public Hearing from July 17, 2013 to consider an Ordinance
establishing Monroe County Code Section 130 -102, Horses and other livestock, establishing
regulations related to the keeping of horses and other livestock in Monroe County. After
discussion, a motion was made by Commissioner Carruther and seconded by Commissioner
Kolhage to approve staff recommendation to deny the item. Motion carried unanimously.
Item B 13 Growth Management — Approval to advertise a Public Hearing to consider
approval of an Ordinance amending Section 4 -76 of the Monroe County Code providing
regulations relating to the keeping of horses and other livestock in Monroe County. After
discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers to approve the item. Motion carried unanimously.
After further discussion, the Board directed staff to work on the definition of upland for horses
and write a prevision in Chapter 4 stating that Code Compliance would be the enforcer of the
land specific provision and animal cruelty would be maintain by the deputized county agents.
Item P4 A Public Hearing to consider adoption of an Ordinance amending Section 18 -27
of the Monroe County Code adding The Murray E. Nelson Government Center Park and
establish rules and regulations regarding the operation of the park and the conduct of those
visiting the park. The following individuals addressed the Board: James Chapman, Stanley
Konopka, Jessica Jernigan, Chadwick Azevedo, Chris Rose, Wayne Chrieves, Susan Bilson and
Ian Cortina. Kevin Wilson, Public Works & Engineering Director; Jerry Smith, Senior
Director/Building Official and Bob Shillinger, County Attorney also addressed the Board. After
discussion, a motion was made by Commissioner Murphy and second by Commissioner
Carruther to move the Public Hearing to the next Board of County Commissioners meeting in
Marathon, Fl. Motion carried unanimously.
Item P5 Kevin Wilson, Public Works & Engineering Director addressed the Board
concerning a Public Hearing to consider adoption of an Ordinance amending Section 21 -72 to
authorize County Administrator designee to suspend or revoke specialty hauler license and
amending Section 21 -77 to also allow enforcement of violations relating to specialty haulers by
the County Code compliance. After discussion, a motion was made by Commissioner Kolhage
and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 033 -2013
Said Ordinance is incorporated herein by reference.
08/21/2013 Page 13
GROWTH MANAGEMENT
Item J3 Discussion on the Naval Air Station Key West Airfield Operations Final
Environmental Impact Statement published in the Federal Register on August 2, 2013, regarding
the NAS Key West airfield operations and the Navy's selection of Alternative 2 as the preferref
alternative and direction to the County Administrator to discuss the unresolved County concerns
which were outlined in the County's comment letter to the NASKW Draft Environmental Impact
Statement. The following individual addressed the Board: John Hammerstrom, representing E15
Task Force. Mayte Santamaria, Planning & Environmental Resources Assistant Director and
Michael Davis, Vice President of Keith & Schnars, P.A. and Christine Hurley, Growth
Management Director. After discussion, a motion was made by Commissioner Rice and
seconded by Commissioner Kolhage to adopt the recommendation from the EIS Committee.
Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
COUNTY ADMINISTRATOR
Item N5 Discussion and direction on the property formerly know as Rowell's Marina and
to give the Administrator the authority to negotiate a purchase price. The following individuals
addressed the Board: Robby Majeska, Howard Gelbman, Burke Cannon, Representing IKLFHA;
John A. Stuart, representing Rotary Club of Key Largo; John Hammerstrom, representing
Tavenier Community Association Board of Directors; Jim Saunders, representing KLCPF;
Robert Stokey, representing the Key Largo Merchants Association and Rick Hill. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice
to give the County Administrator the previlage to negotiate a purchase price with the owner of
Rowell's Marina. 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.
Item N6 Rhonda Haag, Sustainability Program Manager; Bob Shillinger, County Attorney
and Roman Gastesi, County Administrator addressed the Board concerning the discussion and
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direction on the solid waste management program and related contracts. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to
amend the code as necessary to allow for a 10 year contract. Motion carried unanimously.
After further discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to also amend the current Purchasing Code. Roll call vote was taken with
the following results:
Commissioner Carruthers
No
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
COUNTY ATTORNEY
Item O1 Report — Bob Shillinger, County Attorney updated the Board reference to the two
(2) Closed Sessions being postponed to the September Board of County Commissioners meeting.
Item 02 Request by property owner, Mr. Thaddeus R Bowling, Jr., for mitigation of fines
in Code Enforcement Case CE05020367. The total amount of accrued fines in this case is
$871,950.00. The following individual addressed the Board: Thaddeus Bowling. Bob
Shillinger, County Attorney also addressed the Board. After discussion, a motion was made by
Commissioner Murphy and seconded by Commissioner Rice for Mr. Bowling to pay a total of
$1,182.20 for hard costs and directed staff to draft a payment plan to pay a reduced balance of
$54,496.00 over a 20 -year period. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
No
Motion carried
Item 03 Approval to initiate collection proceedings, (complaint for foreclosure and money
judgment) in circuit court for liens filed on behalf of the County in Code Enforcement Case(s)
CE08070120 and CE11020015. After discussion, a motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers to approve the item. Motion carried unanimously.
Item 04 Approval to file an action for injunctive relief against Juan Carlos Castaneda to
prohibit him from operating an illegal vacation (less than 28 day) rental at 108 Old Fashioned
Rd., Tavernier. The property is located in an (IS) Improved Subdivision Land Use District
08/21/2013 Page 15
where rentals of less than 28 days are prohibited per Monroe County Code Sec. 130- 83.(b) and
134- 1.(k)(1). After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to approve the item. Motion carried unanimously.
Item 07 Bob Shillinger, County Attorney request to hold an Attorney - Client Closed
Session in the matter of Monroe County vs. Patricia Lloyd, Case No. CA -K -12 -1176 at the
9/17/13 BOCC meeting in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard.
After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage to approve the item. Motion carried unanimously.
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
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