01/31/2014 SpecialMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Friday, January 31, 2014
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner George R. Nugent and Mayor Pro -Tem
Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator;
Bob Shillinger, County Attorney; Vitia Fernandez, Deputy Clerk; County Staff, members of
the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Bob Shillinger, County Attorney request the Board to approve the agenda.
After discussion, a motion was made by Commissioner Neugent and seconded by
Commissioner Carruthers to approve the agenda as amended. Said amendment is as follows:
With the deletion of Item D 1. Motion carried unanimously.
CLOSED SESSIONS
Item C1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session
in the matter of Enos Mitchell and Ora Lee Mitchell vs. Monroe County, Sixteenth Judicial
Circuit Case No. 12 -CA- 486 -P. The persons attending the meeting will be the County
Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorneys Derek Howard, Steve Williams and Susan Grimsley, special
outside counsel Michael Burke and a certified court reporter.
Item C2 Bob Shillinger, County Attornery announced an Attorney - Client Closed
Session in the matter of The Morganti Group, Inc. v. Monroe County, Case No. 2011 -CA-
892-K. The persons attending the meeting will be the County Commissioners, County
Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney
Pedro Mercado, special outside counsel Ira Libanoff 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
PRESENTATION OF AWARDS
Item B 1 Mayor's Proclamation declaring March 26, 2014 as Tennessee Williams Day.
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COUNTY ADMINISTRATOR
Bob Shillinger, County Attorney addressed the Board concerning the following items:
Item F3 Approval of instrument entitled "Agreement and Acknowledgment" and
authorization for Mayor to execute. This document is one of three instruments necessary to
complete the closing for the purchase of Rowell's property set for the afternoon of January 31,
2014.
Item F4 Approval of instrument entitled "Assignment and Assumption of Temporary
Non - Exclusive Storage License Agreement" and authorization for Mayor to execute. This
document is the second of three instruments necessary to complete the closing for the
purchase of Rowell's property set for the afternoon of January 31, 2014.
Item F5 Approval of instrument entitled "Termination of Recording of Agreement for
Sale and Purchase" and authorization for Mayor to execute. This document is the third of
three instruments necessary to complete the closing for the purchase of Rowell's property set
for the afternoon of January 31, 2014.
After discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Carruthers granting approval of the three items (1 F4 and 1 Roll call vote was taken with
the following results:
Commissioner Carruthers Yes
Commissioner Kolhage No
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried.
GROWTH MANAGEMENT
Item E1 Approval to reject all Proposals and reissue a Request for Proposals for a
habitat restoration project within Dagny Johnson Key Largo Hammock Botanical State Park
as mitigation for the construction of the Key Largo Wastewater Treatment District wastewater
treatment plant. Motion was made by Commissioner Carruthers and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
ENGINEERING /PUBLIC WORKS
Item D3 Discussion and possible approval to add new vendor at Higgs Beach. The
following individuals addressed the Board: Stephen Dickstein and Pamela Uslander. Bob
Shillinger, County Attorney, Kevin Wilson, Public Works & Engineering Division Director
and Pedro Mercado, Assistant County Attorney. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of staff
recommendation. Motion carried unanimously.
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COUNTY ADMISNISTRATOR
Item F1 Roman Gastesi, County Administrator addressed the Board regarding thr
approval of Six -Month Extension of Agreement with Cardenas Partners, LLC for federal
lobbying services. After discussion, a motion was made by Commissioner Rice and seconded
by Commissioner Carruthers granting approval of the item. Motio carried unanimously.
Item F2 Discussion and direction on the Homeless Safe Zone Interlocal Agreement
with the City of Key West. The following individuals addressed the Board: Bob Shillinger,
County Attornery, Roman Gastesi, County Administrator, Pedro Mercado, Assistant County
Attorney and Connie Cyr, Aide to County Administrator. After discussion, a motion was
made by Commissioner Rice and seconded by Commissioner Carruthers to renew the
K.O.T.S. Agreement on a month to month basis. Motion carried unanimously.
After further discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Kolhage to meet with the City of Key West and have some preliminary staff
work to help us identify some of the mutual expectations and help us go into the meeting
knowing some of the issues that need to be resolved. Motion carried unanimously.
PUBLIC HEARINGS
Item H2 Cynthia Hall, Assistant County Attorney and Steve Myers, Business Agent -
Teamster addressed the Board regarding the Quasi - judicial Hearing to resolve disputed
impasse issues: Monroe County Board of County Commissioners and Teamsters Local No.
769 (F. S. 447.403). after discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent granting approval of staff recommendation. Roll call
vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried.
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COUNTY ADMINISTRATOR
Item F6 Bob Shillinger, County Attorney and Christine Hurley, Growth Management
Director addressed the Board concerning the approval to amend the Monroe County 2014
Legislative Agenda to address additional legislative issues, and to authorize staff to advocate
on behalf of the County on the issues in its legislative agenda. Staff requested clear policy
direction from the Board for Point 1. After discussion, a motion was made by Commissioner
Kolhage and seconded Commissioner Rice to support legislation that carves out properties in
Monroe County in CBRS areas to the extent they are developed already or have a valid
building permi. Motion carried unanimously.
After further discussion concerning Points 2 through 5, a motion was made by Commissioner
Kolhage and seconded by Commissioner Carruthers granting approval of staff's
recommendation from the rest of the items to be added to the Legislative agenda for. Motion
carried unanimously.
COUNTY ATTORNEY
Item G1 Bob Shillinger, County Attorney addressed the Board concerning the approval
to waive conflict of interest between the County and the law firm of Nabors, Giblin &
Nickerson (NGN) with respect to that firm's dual representation of the County and North Key
Largo Utility Corp. regarding a proposed irrigation water tank funding agreement and
authorization for the County Attorney to execute conflict waiver letter dated 12/30/2013.
After discussion, a motion was made by Commissioner Neugent and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
Item G2 Bob Shillinger, County Attorney addressed the Board concerning a Resolution
for BOCC to make findings that coral reef plantings are nature centers and /or zoological parks
for purposes of TDC funding. After discussion, a motion was made by Commissioner
Neugent and seconded by Commissioner Rice adopting the following Resolution.
RESOLUTION NO. 020 -2014
Said Resolution is incorporated herein by reference
Motion carried unanimously.
Item G3 Authorization for County Attorney to seek an opinion from the Attorney
General regarding the County's authority to regulate shooting ranges on residential properties.
The following individual addressed the Board: Judy Martinez. After discussion, a motion was
made by Commisioner Carruthers and seconded by Commissioner Kolhage granting approval
of the item. Motion carried unanimously.
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ENGINEERING /PUBLIC WORKS
Item D2 Discussion and direction regarding County funding for conversion from low
pressure collection systems (aka grinder pumps) to gravity collection systems for any
additional areas of the Cudjoe Regional Wastewater collection system. The following
individuals addressed the Board: Walt Drabinski, representing Sir. Isaac Newton Coalition;
Wayne Disdier, Paul Lehmann, Roland Meyers, Jodie Cullen, Gary Beaton, Ben Disdier,
David Roney, Cate L'oughran, Joe McKasty; Eric LaCoppola, representing Environment One
Corp.; Deb Curlee, James Olsen, John Duke, Tom Wilmers, Sloan Bashinsky and Banks
Prevatt. Kevin Wilson, Public Works & Engineering Division Director Thomas Walker,
Manager of Engineering -FKAA, David Matthews and Tyler Davis, both representing
Matthew's Consulting. After discussion, a motion was made by Commissioner Kolhage and
seconded by Commissioner Carruthers directing staff to begin negotiations for a Change
Order to convert the following areas from low pressure systems to gravity:
• Upper Sugarloaf E. of Crane Blvd 65 Units
• Cudjoe Puerto Bello 80 Unit
• Ramrod Basin D 150 Units
• Little Torch Basin G & H 212 Units
• Big Pine Basin J, P & I 408 Units
Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Neugent
No
Commissioner Rice
No
Mayor Murphy
No
Motion failed.
After further discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Rice to begin negotiations for a Change Order to include the following areas:
• Cudjoe Puerto Bello 80 Units
• Big Pine Basin J 121 Units
Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent No
Commissioner Rice Yes
Mayor Murphy No
Motion carried.
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PUBLIC HEARINGS
Item H1 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 Policy 101.2.6 of the Monroe County Comprehensive Plan to extend the transient
ROGO allocation moratorium from May 1, 2014 to May 1, 2022 to coincide with the adoption
of the next round of EAR- related comprehensive plan amendments. The following
individuals address the Board: Jim Saunders, representing Sugarloaf Lodge; Joyce Newmann,
representing Last Stand; Pritam Singh, representing Singh Resorts and Bruan Schmitt,
representing CB Schmitt Real Estate. Christine Hurley, Growth Management Director. After
discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage to adopt the following Resolution.
RESOLUTION NO. 021 -2014
Said Resolution is incorporated herein by reference
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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