05/21/2014 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 21, 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. Neugent, Commissioner Danny
Kolhage, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting
were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey
Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A A motion was made by Commissioner Neugent and seconded by
Commissioner Rice granting approval of the Additions, Corrections and Deletions to the
Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Item B1 Presentation of Years of Service Award for 30 years of service to Monroe
County to Norma Kula, Director of Libraries.
Item B2 Mayor's Proclamation declaring the month of May to be to be Bicycle Month
in the Florida Keys.
Item B3 Mayor's Proclamation declaring the month of May to be Motorcycle Safety
Awareness Month.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting
approval of the Bulk Approvals. Motion carried unanimously.
Item C1 Board granted approval of the Filing of an Amendment to the grant
application and agreement for State Aid to Libraries from the Florida Department of State,
Division of Library and Information Services, and execution of same with the proper County
authorities.
Item C2 Board granted approval to waive landing fees for Silver Airways direct
flight from Orlando to Key West for a period of one year.
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Item C3 Board granted approval of Consent of Assignment of Lease from Alexandria
Eaton Pierobon, DBA Jet Lag Accessories, LLC., to Susan Wallace, DBA Jet Lag KW, LLC.
Item C4 Board granted approval of an Amendment to the Jet Lag Accessories, LLC
lease.
Item C5 Board granted approval of a Ratification of the Wastewater Treatment Plant
Maintenance renewal Agreement with Conch Wastewater, Inc. for the Florida Keys Marathon
Airport with Exhibit A. to the document now attached.
Item C6 Board granted approval of a Ratification of the Consent to Assignment of
Lease from Conch Flyer, Inc. to Conch Flyer Concessions, LLC with the exhibits to the
document now attached.
Item C7 Board granted approval to solicit proposals for Workers' Compensation and
Risk Management consulting services.
Item C8 Board granted approval to pay $310,126.00 renewal premium to Citizens
Property Insurance Corporation for Windstorm Insurance Policy.
Item C9 Board granted approval to advertise a solicitation for Proposals for General
Liability and Excess Workers' Compensation Insurance.
Item C10 Board granted approval to negotiate a Contract with ADAAG Consulting
Services for an evaluation of our programs, services, and communication for compliance with
the Americans with Disabilities Act, and preparation of a transition plan.
Item C11 Board granted approval of an Employee Assistance Program Contract with
Quantum Health Solutions.
Item C12 Board granted approval to advertise a Solicitation for Proposals for a Fully
Insured Dental Policy
Item C13 Board granted approval to advertise a Solicitation for Proposals for a Group
Term Life Insurance and Accidental Death & Dismemberment (AD &D) policy for eligible
active employees and eligible retirees.
Item C14 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. 080 -2014
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 081 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 082 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 083 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 084 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 085 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 086 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 087 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 088 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 089 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 090 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 091 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 092 -2014
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 093 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 094 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 095 -2014
Said Resolution is incorporated herein by reference.
Item C15 Board granted approval of a Task Authorization with KPMG to update the
Fiscal Year 2013 Full Cost Allocation Plan and the 2 CFR Part 225 (formerly OMB Circular
A -87) Cost Allocation Plan based on actual expenditures for the fiscal year ended September
30, 2013.
Item C17 Board granted approval by the Board, acting as Plan Administrator of the
Length of Service Award Plan ( LOSAP) to begin 10 -year disbursement of funds to one
eligible participant, with a monthly benefit of $210.00 commencing June 1, 2014. Individual
volunteered with Key Largo for fourteen years. Although Key Largo Fire and EMS split off
from the County in 2006, the County's LOSAP plan retained sufficient assets to be able to
give LOSAP awards to prior Key Largo volunteers.
Item C18 Board granted approval of an Agreement between the Florida Power & Light
Company (FPL) and the Monroe County Board of County Commissioners (BOCC) in the
amount of $257,500.00, fully grant funded and no county match, concerning Radiological
Preparedness for Fiscal Year 2014 and Fiscal Year 2015; and authorization for the County
Administrator to execute any other required documentation in relation to the application
process.
Item C19 Board granted approval of the second Renewal Agreement between the Board
of County Commissioners, Board of Governors of Fire and Ambulance District 1 of Monroe
County, and Advanced Data Processing, Inc. (d /b /a ADPI - Intermedix) effective from June 1,
2014 through November 30, 2014, for ground and air rescue billing related services. This
concludes the County's relationship with Advanced Data Processing Inc. (d /b /a ADPI-
Intermedix) as billing services have been brought in- house.
Item C20 Board granted approval to enter into an Agreement between the Monroe
County Board of County Commissioners, The Board of Governors Fire and Ambulance
District 1 of Monroe County, Florida, and the Health Care District of Palm Beach County, for
the purchase of pharmaceuticals and medical supplies for Monroe County's Emergency
Medical Services (EMS) system on an emergent basis when the County's normal supplier is
unable to provide pharmaceuticals and medical supplies as outlined in Paragraph 9 —D of the
contract, which gives the County the option of purchasing items from another vendor should
the item not be available within three (3) days of the time of the order.
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Item C21 Board granted approval to purchase six (6) LUCASTM Chest Compression
System through the EMS award grant from the bureau of Emergency Services; Sole source
provider Physio Control will be the supplier of the devices in the total amount of $86,205.94
with no cost to Monroe County; and authorization for the Fire Chief to execute all necessary
documents.
Item C22 Board granted approval to enter into a Lease Agreement with Sugarloaf
Volunteer Fire Department, Inc., for the housing of career firefighters assigned to Sugarloaf
Fire Station #10 ensuring fire and ems coverage, and approval of a facilities use agreement
between MCFR and Sugarloaf School for the use of their workout facility for physical fitness;
and authorization for Fire Chief to execute all necessary documents.
Item C23 Board granted approval for the County Administrator or his designee to
execute the Statement of Work and Event Service Order Forms associated with the County's
agreement with AT &T for AT &T Connect Event Services to provide operator hosting
services for conference calls conducted by Emergency Management during an activiation of
our Emergency Operations Center (EOC) and other events at an annual cost of $129.00 per
year plus billed for services based on the attached pricing schedule for services.
Item C24 Board granted approval to enter into a One - year's Residential Lease
Agreement commencing June 1, 2014, with a County Employee for Location E.
Item C25 Board granted approval to enter into a One - year's Residential Lease
Agreement commencing June 1, 2014, with a County Employee for Location F.
Item C26 Board granted approval of a Month to Month Agreement with Diversified
Services of Key West, Inc. for janitorial services at the May Hill Russell Library and
Department of Juvenile Justice Building, second floor.
Item C27 Board granted approval of Third Amendment to the Lease Agreement with the
Pigeon Key Preservation Foundation (Foundation).
Item C28 Board granted approval for Monroe County Board of County Commissioners
to approve and execute lease agreement with Oxford Business III Corp., for additional office
on behalf of the Supervisor of Elections at 100th Street Center, Marathon, FL.
Item C29 Board adopted a Resolution authorizing the write -off of Residential Solid
Waste Liens and unpaid receivables issued prior to 1994.
RESOLUTION NO. 095A -2014
Said Resolution is incorporated herein by reference.
Item C31 Board granted approval of Work Order #9 in the amount of $25,000 under the
URS Transportation Planning Continuing Services contract.
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Item C33 Board granted approval of Supplemental #2 to the Joint Participation
Agreement QPA) AQN -53 with the Florida Department of Transportation (FDOT) to extend
the contract deadline to June 30, 2015 and to increase the funding for the county's
transportation planning program by $230,000.
Item C34 Board granted approval of Amendment 4 to the contract with Metric
Engineering, Inc. for Engineering Design and Permitting Services for the US 1 Bayside
Shared Use Path Project to extend the expiration date of the contract until June 1, 2015.
Item C35 Board granted approval of Amendment 2 to the Interlocal Agreement (ILA)
with the City of Marathon to provide another year of funding at 7.5% of the contract amount
or $18,750, whichever is less, to fund the Pigeon Key Ferry for the annual term commencing
on July 1, 2014.
Item C37 Board adopted a Resolution of Amendment Two to the Joint Participation
Agreement QPA) with Florida Department of Transportation (FDOT) to increase the total
contract amount by $125,000 to fund operation of the Pigeon Key Ferry through June 2015.
RESOLUTION NO. 096 -2014
Said Resolution is incorporated herein by reference.
Item C38 Board granted approval of Task Order with CDM Smith, Inc. for engineering
design and permitting services for Key Largo (Sexton Cove) Roadway and Drainage
Improvements project. The task order is being awarded under the On Call contract for
Professional Services.
Item C39 Board granted approval of Task Order with EAC Consulting, Inc. for
engineering design and permitting services for Key Largo (Lake Surprise Estates) Roadway
and Drainage Improvements project. The task order is being awarded under the On Call
contract for Professional Services.
Item C40 Board granted approval of a Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C41 Board granted approval of Amendment #1 to the Contract with Maureen
Melville for artwork at the Conch Key Fire Station through the Art in Public Places Program.
This project is funded by fund 308 revenue bond.
Item C42 Board granted approval of a Contract with William P. Horn Architect, P.A. for
Design through Construction Administration services for a new Crawl Key Fire Training
Facility.
Item C43 Board granted approval to negotiate a Contract with T.Y. Lin International/H.J.
Ross for the Relocation of Atlantic Avenue at Higgs Beach, Key West, Monroe County, FL.
This project is funded by the one -cent infrastructure tax.
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Item C44 Board granted approval to negotiate a Contract with Douglas N. Higgins, Inc.
for the Blimp Road Boat Ramp. This contract will be funded by the Boater Improvement
Fund.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with the Islamorada
Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional
years to September 30, 2016 with a five (5) percent increase in compensation for Visitor
Information Services ( "VIS "), and revised public records language.
Item D2 Board granted approval of an Amendment to Agreement with the Key Largo
Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional
years to September 30, 2016 with a five (5) percent increase in compensation for Visitor
Information Services ( "VIS "), and revised public records language.
Item D3 Board granted approval of an Amendment to Agreement with the Lower Keys
Chamber of Commerce, Inc. to exercise option to extend agreement for two (2) additional
years to September 30, 2016 with a five (5) percent increase in compensation for Visitor
Information Services ( "VIS "), and revised public records language.
Item D4 Board granted approval of an Amendment to Agreement with the Greater
Marathon Chamber of Commerce, Inc. to exercise option to extend agreement for two (2)
additional years to September 30, 2016 with a five (5) percent increase in compensation for
Visitor Information Services ( "VIS "), and revised public records language.
Item D5 Board granted approval of an Amendment to Agreement with the Greater Key
West Chamber of Commerce, Inc. to exercise option to extend agreement for two (2)
additional years to September 30, 2016 with a five (5) percent increase in compensation for
Visitor Information Services ( "VIS "), and revised public records language.
Item D6 Board granted approval of an Amendment to an Agreement with the City of
Key West for the Rest Beach Renourishment project (in an amount not to exceed $245,000),
to extend termination date to September 30, 2015.
Item D7 Board granted approval of an Amendment to an Agreement with the City of
Key West for the Rest Beach Renourishment project (in an amount not to exceed $207,000),
to extend termination date to September 30, 2015.
Item D8 Board granted approval of an Agreement with The Key West Harry S. Truman
Foundation, Inc. to cover the Truman Little White House Kitchen Restoration, Lawn
Lighting, Paving project in an amount not to exceed $19,500, DAC I, FY 2014 Capital
Resources.
Item D9 Board granted approval of an Agreement with The Florida Keys History of
Diving Museum, Inc. to cover the Dive Museum Exhibit Enhancement project in an amount
not to exceed $37,603, DAC IV, FY 2014 Capital Resources.
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Item D10 Board granted approval of an Agreement with Key West Art and Historical
Society, Inc. to cover the Custom House Fire Protection Improvements Project in an amount
not to exceed $20,912, DAC I, FY 2014 Capital Resources.
Item D11 Board granted approval of an Agreement with City of Marathon to cover the
Sombrero Beach Park: Replace Sand in Volleyball courts & Landscaping Improvements
project in an amount not to exceed $25,000, DAC III, FY 2014 Capital Resources.
Item D12 Board granted approval of an Agreement with City of Marathon to cover the
Marathon Oceanfront Park Phase 4: Road Paving, Safety Elements & Commercial Fishing
Monument project in an amount not to exceed $150,000, DAC III, FY 2014 Capital
Resources.
Item D13 Board granted approval of an Agreement with Key West Art and Historical
Society, Inc. to cover the Custom House Major & Minor Electrical Repairs project in an
amount not to exceed $21,011, DAC I, FY 2014 Capital Resources.
Item D14 Board granted approval of an Agreement with Key West Botanical Garden
Society, Inc. to cover the Key West Botanical Garden Security and Accessibility, Phase 3
project in an amount not to exceed $24,900, DAC I, FY 2014 Capital Resources.
Item D15 Board granted approval of an Amendment to Agreement with Smith Travel
Research, Inc. to provide for additional Public Records language as required by Florida
Statute 119.0701.
Item D16 Board granted approval of an Agreement with Dolphin Research Center, Inc. to
cover the Replace Ice Machine project in an amount not to exceed $4,500, DAC III, FY 2014
Capital Resources.
Item D17 Board granted approval of an Agreement with Dolphin Research Center, Inc. to
cover the DRC Construct Dolphin & Sea Lion Shade structures project in an amount not to
exceed $40,000, DAC III, FY 2014 Capital Resources.
Item D18 Board granted approval of an Agreement with Dolphin Research Center, Inc. to
cover the DRC Install UV Sanitizer in Sprayground project in an amount not to exceed
$10,000, DAC III, FY 2014 Capital Resources.
Item D19 Board granted approval of an Agreement with The Studios of Key West, Inc. to
cover the Scottish Rite Masonic Center Elevator, Wiring, Stairway Renovation project in an
amount not to exceed $151,000, DAC I, FY 2014 Capital Resources.
Item D20 Board granted approval of an Agreement with The Coral Restoration
Foundation, Inc. to cover the Coral Reef Restoration — Marathon, Islamorada and Key Largo
Waters in an amount not to exceed $115,276 (DAC III - $25,450, DAC IV = $30,013, DAC V
_ $59,813), FY 2014 Capital Resources.
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Item D21 Board granted approval to rescind the Fishing Agreement with Charlie's
Coconuts, LLC, for the Coconuts Dolphin Tournament due to the event Contractor cancelling
the event.
Item D22 Board granted approval of one (1) "At Large" appointment to the Tourist
Development Council District 11 Advisory Committee.
GROWTH MANAGEMENT — BULK APPROVALS
Item H1 Board granted approval of a 10 year Contract 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 H2 Board adopted a Resolution Authorizing Code Compliance Inspectors, Teri
Rumberger and Christopher Grant to issue citations for disposition in County Court.
RESOLUTION NO. 097 -2014
Said Resolution is incorporated herein by reference.
Item H3 Board granted approval of an Exception to Section 2.02C of the personnel
policies and approval to create a new Customer Service Representative (CSR) position (FTE)
to be occupied for up to five months overlapping with the current Permitting Administrator
(who is retiring) 12/2014. Following the Permitting Administrator's retirement the 5 month
FTE position would continue under the Building Department, Marathon Office (GMBLG-
017).
Item H4 Board adopted a Resolution by the Monroe County Board of County
Commissioners approving the 2013 Annual Public Facilities Assessment Report.
RESOLUTION NO. 098 -2014
Said Resolution is incorporated herein by reference.
Item H5 Board granted approval of the Selection of Boating Improvement Funds (BIF)
funding requests for FY' 15 submitted by the Village of Islamorada ($22,500 for regulatory
buoy maintenance) and the City of Marathon ($24,000 for construction of a kayak launching
facility), and direction for staff to draft Inter -Local Agreements (ILA) with the Village of
Islamorada and the City of Marathon based on staff s selection recommendations, providing
for reimbursement for boating and waterways related projects to be performed in FY' 15.
Item H6 Board granted approval of an Exception to Section 2.02C of the personnel
policies and approval to create a new Code Inspector (FTE) position (pay grade 9) to be
occupied for up to nine months overlapping with the current Sr. Director of Code Compliance
who is retiring in April, 2015 within the Monroe County Code Compliance Department.
Following the Sr. Director of Code Compliance retiring the 9 month FTE will continue under
the Code Compliance Department's Marathon Office (Position No. GMCE -001).
05/21/2014 Page 9
MONROE COUNTY SHERIFF DEPARTMENT -BULK APPROVALS
Item K1 Board granted approval of the following requests for expenditure from the Law
Enforcement Trust Fund:
$5,000.00 Boys & Girls Club of the Keys Area, Inc.: To enable all young people, ecspecially
those who needs us most, to reach their full potential as productive, caring, responsible
citizens.
COMMISSIONERS' ITEMS -BULK APPROVALS
Item L1 Board granted approval to appoint Dave Andrews to the Art in Public Places
Committee to fulfill the term of Nancy Perez Miller. His term will expire November 1, 2016.
Item L3 Board granted approval to Re- appoint Cynthia McKnight as the District 4
representative to the Florida Keys Council for People with Disabilities.
COUNTY CLERK -BULK APPROVALS
Item M2 Board granted approval of the Board of County Commissioners minutes from
the March 21 st, 2014 special meeting and April 16th, 2014 regular meeting (previously
distributed).
Item M3 Board granted approval of Warrants for the month of April, 2014: (107341-
107404 & 584680 - 585576): General Fund (001), in the amount of $2,872,757.15;
Affordable Housing Project (100), in the amount of $60, 832.31; Fine & Forfeiture Fund
(101), in the amount of $3,485,443.18; Road and Bridge Fund (102), in the amount of
$139,043.30; TDC District Two Penny (115), in the amount of $699,809.48; TDC Admin.
& Promo 2 Cent (116), in the amount of $902,190.65; TDC District 1,3 Cent (117), in the
amount of $637,164.63; TDC District 2,3 Cent (118), in the amount of $65,029.18; TDC
District 3,3 Cent (119), in the amount of $220,933.24; TDC District 4,3 Cent (120), in the
amount of $169,482.28; TDC District 5,3 Cent (121), in the amount of $192,180.25; Gov.
Fund Type Grants (125), in the amount of $341,492.27; Impact Fees Roadways (130), in
the amount of $165,642.51; Fire & Amb District 1 L &M Keys (141), in the amount of
$203,965.02; Upper Keys Health Care (144), in the amount of $115,717.99; Uninc Svc Dist
Parks & Rec (147), in the amount of $68,828.68; Plan, Build, Zoning (148), in the amount
of $173,132.67; Municipal Policing (149), in the amount of $533,384.96; 911 Enhancement
Fee (150), in the amount of $37,769.60; Duck Key Security (152), in the amount of
$5,542.58; Boating Improvement Fund (157), in the amount of $59,868.00; Misc. Special
Revenue Fund (158), in the amount of $29,713.14; Environmental Restoration (160), in the
amount of $3,508.84; Law Enforcement Trust (162), in the amount of $500.00; Court
Facilities Fees -602 (163), in the amount of $3,851.61; Drug Abuse Trust (164), in the
amount of $610.99; Stock Island Wastewater (171), in the amount of $1,000.00; Building
Fund (180), in the amount of $5,731.67; 1 Cent Infra Surtax (304), in the amount of
$211,237.80; INFR Sle Srtx Rev Bds2007 (308), in the amount of $174,286.41; Big Coppitt
Wastewater Pr (310), in the amount of $2,000.00; Duck Key Wastewater (311), in the
05/21/2014 Page 10
amount of $1,000.00; Cudjoe Regional (312), in the amount of $6,648.60; Card Sound
Bridge (401), in the amount of $10, 902.38; Marathon Airport (403), in the amount of $97,
861.60; Key West Intl. Airport (404), in the amount of $597,789.35; MSD Solid Waste
(414), in the amount of $1,917,698.74; Worker's Compensation (501), in the amount of
$42,175.37; Group Insurance Fund (502), in the amount of $1,432,402.46; Risk
Management Fund (503), in the amount of $49,140.18; Fleet Management Fund (504), in
the amount of $83,411.80; 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 April, 2014.
Item M5 Board granted approval to remove surplus equipment from inventory via
disposal or advertise for bid.
COUNTY ADMINISTRATOR -BULK APPROVALS
Item N2 Board adopted a Resolution authorizing the temporary closing of the
Northbound Lanes of US 1 from mile marker 98.2 to mile marker 100 from 10:00 A.M. to
11:30 A. M. for the annual 4th of July Parade sponsored by The Reporter Newspaper.
RESOLUTION NO. 099 -2014
Said Resolution is incorporated herein by reference.
Item N3 Board granted approval of the Annual Appointments to the Older Americans
Advisory Board.
Item N5 Board granted approval of Agreement between North Key Largo Utility
Corporation and Monroe County to provide funding for wastewater and water quality projects.
Item N6 Board granted approval to Enter into a Contract with AMEC Environment &
Infrastructure, Inc. (AMEC) for professional services including design, permitting, field
assessments, project management and engineering support during construction for six (6) of
the seven (7) proposed canal demonstration projects in an amount not to exceed $633,930.78.
Item N11 Board granted Ratification of the Reappointment of David Makepeace of the
Florida Keys National Marine Sanctuary Advisory Council (SAC) to the Marine & Port
Advisory Committee with his term to expire November 2014 and not October 2016.
COUNTY ATTORNEY -BULK APPROVALS
Item 02 Board granted approval of Professional Services Contract with Adele V.
Stones, P.A. for legal services involving real estate.
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Item 03 Board granted approval of a First Amendment with law firm of Johnson,
Anselmo, Murdoch, Burke, Piper, and Hochman, P.A. in order to revise the list of timekeepers
by adding the name of W. Hampton Johnson IV as an attorney retroactive to May 1, 2013 and
deletion of Tamara Scrudders.
Item 04 Board granted approval to Enter into a Retainer Agreement with Allen, Norton
and Blue to serve as outside counsel for labor and employment law matters.
* * * * * * * * * * * * *
FIRE & AMBULANCE DISTRICT I
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,
Commissioner George Neugent, Councilman Clark Snow and Mayor Norm Anderson.
James Callahan, Fire Chief addressed the Board concerning the following items:
Item G2 Approval of the Second Renewal Agreement between the Board of County
Commissioners, Board of Governors of Fire and Ambulance District 1 of Monroe County,
Advanced Data Processing, Inc. effective from June 1, 2014 through November 30, 2014, for
ground and air rescue billing related services. This concludes the County's relationship with
Advanced Date Processing Inc. as billing services have been brought in house. A motion was
made by Commissioner Rice and seconded by Councilman Anderson. Motion carried
unanimously.
Item G3 Approval to enter into an Agreement between the Monroe County Board of
County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe
County, Florida, and the Health Care District of Palm Beach County, for the purchase of
pharmaceuticals and medical supplies for Monroe County's Emergency Medical Services
system on an emergent basis when the County's normal supplier is unable to provide
pharmaceuticals and medical supplies as outlined in paragraph 9 -D of the contract, which
gives the County the option of purchasing items from another vendor should the item not be
available within three days of the time order. A motion was made by Commissioner Kolhage
and seconded by Councilman Snow.
There being no further business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
* * * * * * * * * * * * *
05/21/2014 Page 12
COUNTY ADMINISTRATOR
Item N4 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisitions; Holly
Raschein, State Representative; John Wayne Smith, representing Peoples and Smith; Robert
Reyes from Floridian Partners; and Ted Blackburn addressed the Board regarding the
County's State Lobbyists on the outcomes from the 2014 Legislative Session.
GROWTH MANAGEMENT
Item I5 Board discussed the policy options on handling complaints of overgrown
vegetation blocking navigation in residential canals and overgrown vegetation on dry lot
properties. The following individuals addressed the Board: Christine Hurley, Director of
Growth Management and Michael Maurer. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Rice to move on the AIS, Staff
option one to develop an overgrown vegetation program and to see it not be a drain on the
County's resources, such that we give people who need to have their canals trimmed two
options: for the County to do the removals at a cost with administrative costs included and of
they don't comply, lien the property a greater cost than if they would have cooperated in the
first place as amended. Said amendment is as follows: Accept option two as well.
A 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.
COUNTY ADMINISTRATOR
Item N7 Board discussed two Resolutions passed by the Climate Change Advisory
Committee that recommend disposal methods considerations for yard waste and recommend
RFP evaluation considerations. The following individuals addressed the Board: Rhonda
Haag, Sustainability Manager; Bruce Williams, representing Advanced Disposal; Deb Curlee,
representing Last Stand; Walter Drebinski, and John Hammerstrom. After discussion, a
motion was made by Commissioner Kolhage and seconded by Commissioner Rice to direct
staff to follow the directions of the RFP. Motion carried unanimously.
05/21/2014 Page 13
The following individuals addressed the Board on the following items: Burke Cannon,
representing Island of Key Largo Federation Home Association; Walter Drebinski; Bruce
Williams, representing Advanced Disposal; Michael Chenoweth, representing Upper Keys
Citizens Association and Florida Keys Izaak Walton League; Deb Curlee, representing Last
Stand; Bill Hunter, representing Sugarloaf Shores Property Owners Association; Larry
Fransisco; John Hammerstrom, representing Tavernier Community Association; Jan
Edelstein, representing Cudjoe Gardens Property Owners Association; John Albert,
representing Waste Management and Greg Sullivan, representing Waste Management.
Item N8 Board discussed the approval to Waive competitive bidding procedures and
enter into an Amended and Restated Haul -Out, Operation and Maintenance Agreement with
Waste Management Inc. of Florida for haul out, transfer stations operations and maintenance
in an amount estimated ar $75 million over a ten year period.
Item N9 Board discussed the Approval to waive competitive bidding procedures and
enter into an Amended and Restated Solid Waste and Recycling Collection Franchise
Agreement with Waste Management Inc. of Florida, Marathon Garbage Services, Inc. and
Keys Sanitary Services for residential and commercial solid waste, yard waste and recycling
collection services in an combined amount estimated at $71.1 million over a ten year period.
Item N10 Board discussed the approval to waive bidding procedures and enter into an
Amended and Restated Recyclables Disposal and Operations Agreement with Waste
Management, Inc. of Florida in an amount estimated at $4.14 million over a ten year period.
After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage to go out to bid on the Haul Out and Operation Maintenance
Agreements with Waste Management. A 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 Kolhage and seconded by
Commissioner Carruthers to not approve the Contracts and employ Kessler to review these
Contracts plus the Waste Management Collection Contracts and to make receommendations
to the Board as amended. Said amendment is as follows: to remove the name Kessler out of
his previous motion and to direct the County Admininstrator to proceed under his purchasing
authority to acquire the services of an appropriate consultant.
Motion was withdrawn by Commissioner Kolhage.
05/21/2014 Page 14
After further discussion, a motion was made by Mayor Murphy and seconded by
Commissioner Neugent to accept Staff recommendation on Items N8, N9 and N10.
Commissioner Kolhage requests that they separate Marathon Garbage Services and Keys
Sanitary Services.
Mayor Murphy rescinds her motion and Commissioner Neugent rescinds his second to the
motion.
A motion was made by Mayor Murphy and seconded by Commissioner Neugent to accept the
contract with Marathon Garbage Services and Keys Sanitary Services. A 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.
A motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to
amend the motion and request that a certified audit on years one, five and nine. Year one as a
baseline, year five as a midterm and year nine is the year before the contract ends. So future
Commissions have some information that they can use to determine when they get to the end
of the term of the contract. A 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.
Commissioner Carruthers makes an amendment to the motion that we engage the services of a
consultant to provide an objective opinion on the value of these contracts. Commissioner
Carruthers withdraws her motion.
After further discussion, a motion was made by Mayor Murphy and seconded by
Commissioner Neugent to accept the contracts as written with Waste Management for the
Collection on the Lower Keys, Recycling and Yard Waste and the Haul Out. A Roll Call vote
was taken with the following results:
05/21/2014 Page 15
Commissioner Carruthers No
Commissioner Kolhage No
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion Carried.
COMMISSIONERS' ITEMS
Item L2 Board discussed the issue regarding an effort by a citizen's group in Key Largo
to improve the appearance of Key Largo. The following individuals addressed the Board: Kay
Thacker, representing Island of Key Largo Federation of Homeowner's Association; Craig
Cope, representing Key Largo Chamber of Commerce; D.A. Aldridge, representing Island of
Key Largo Federation of Homeowner's Association and Captain Phinelli, Captain of the Key
Largo Sheriffs Department. After discussion, a motion was made by Mayor Murphy and
seconded by Commissioner Neugent that we designate the next twelve months to "Let's Clean
up Key Largo ". A Roll Call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commssioner Neugent
Yes
Commissioner Rice
Yes
Mayor Murphy
Yes
Motion Carried.
PUBLIC HEARINGS
Item P1 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of County Commissioners deleting Monroe County Code 130 -158, Improved
subdivision and commercial fishing village district densities as duplicative; removing court
invalidated provisions regarding combining of contiguous lots in common ownership; deleting
130 -159, Urban residential - mobile home district density as duplicative; removing invalid
provisions regarding combining of contiguous lots in common ownership. After discussion, a
motion was made by Mayor Murphy and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 003 -2014
Said Ordinance is incorporated herein by reference
05/21/2014 Page 16
Item P2 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of the County Commissioners amending Land Development Code 114 -3 to
provide clarification of which sites may be exempt from the storm water management criteria.
After discussion, a motion was made by Mayor Murphy and seconded by Commissioner Rice
to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 004 -2014
Said Ordinance is incorporated herein by reference
Item P3 Board discussed a Public Hearing to adopt 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 and the Hurrican Evacuation Clearance Time Memorandum
of Understanding. After discussion, a motion was made by Mayor Murphy and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005 -2014
Said Ordinance is incorporated herein by reference
Item P4 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of County Commissioners amending Section 138 -23 of the Monroe County
Code to extend the transient ROGO allocation moratorium from May 1, 2014 to May 1, 2022
to be consistent with Policy 101.2.6 of the Comprehensive Plan and to coincide with the
adoption of the next round of EAR- related Comprehensive Plan amendments to the Hurrican
Evacuation Clearance Time Memorandum of Understanding. After discussion, a motion was
made by Mayor Murphy and seconded by Commissioner Neugent to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 006 -2014
Said Ordinance is incorporated herein by reference
Item P5 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of County Commissioner amending the Monroe County Future Land Use Map
from Mixed Use /Commercial, Residential Low, and Residential Conservation, to Industrial
and Conservation for property located at 101075 Overseas Highway, Key Largo, approximate
Mile Marker 101, having Real Estate #00087100.000500, as proposed by Paradise Pit, LLC.
After discussion, a motion was made by Commissioner Neugent and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 007 -2014
Said Ordinance is incorporated herein by reference
05/21/2014 Page 17
Item P6 Board discussed a Public Hearing to consider Ordinance by the Monroe
County Board of County Commissioners amending the Monroe County Land Use District
Map from Suburban Commercial, Suburban Residential and Native Area to Industrial and
Conservation District for property located at 101075 Overseas Highway, having Real Estate
#00887100.000500, as proposed by Paradise Pit, LLC. After discussion, a motion was made
by Mayor Murphy and seconded by Commissioner Neugent to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 008 -2014
Said Ordinance is incorporated herein by reference
Item P7 Board discussed approval of an Ordinance amending Sectionl8 -27(c) by
adding Section 18- 27(c)(3) granting authority to the County Administrator to modify County
park hours and also amending Section 18- 27(I)(1) regarding pet regulations to include Big
Pine Key Park. After discussion, a motion was made Commissioner Neugent and seconded by
Mayor Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 009 -2014
Said Ordinance is incorporated herein by reference
Item P8 John Johnson, representing the City of Marathon addressed the Board. A
Public Hearing concerning the issuance of a Class B Certificate of Public Conveinence and
Necessity to NET Services of Florida, Inc. for the operation of a non - emergency medical
transportation service for the period May 21, 2014 through May 20, 2016. After discussion, a
motion was made by Mayor Murphy and seconded by Commissioner Rice granting approval
of the item. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item I4 Board discussed the request of a property owner, Marine Mammal
Conservancy, Inc. for a reduction in the outstanding code fines and costs imposed in code
cases CE06030008, CE09030107 and CE11060014. The following individuals addressed the
Board: Lisa Granger, Assistant County Attorney; Robert Coakley, representing Marine
Mammal Conservancy, LLC; Rick Trout, representing Marine Mammal Conservancy, LLC;
Russ Rector, representing Marine Mammal Conservancy, LLC and Mike Bankster,
representing Marine Mammal Conservancy, LLC. After discussion, a motion was made by
Commissioner Carruthers and seconded by Mayor Murphy to fine the Marine Mammal
Conservancy ten percent of the fine, payable in sixty days with the condition that the property
remain dedicated to the same use, should that use change by virtue of sale or expiration of the
lean the remainder of the fine be come due immediately. If not paid within the sixty days than
the fine will revert to the full amount. A Roll Call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Kolhage No
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
05/21/2014 Page 18
Motion Carried.
Item I3 Board Discussed the request by the property owner, Elvira Russi through her
attorney, Eugenio Duarte for a reduction of the outstanding code fines imposed in code case
CE10020062. The following individuals addressed the Board: Eugenio Duarte, representing
Elvira Russi and Vanessa Russi, representing Elvira Russi. After discussion, a motion was
made by Commissioner Carruthers and seconded by Commissioner Kolhage to approve Staff
recommendation of $17
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy No
Motion Carried.
PUBLIC WORKS -BULK APPROVALS
Item C30 Board discussed the approval to waive bidding procedures under the solid
waste service exemption and enter into an agreement with Sweetwater Environmental for the
transfer, storage, treatment, transportation and disposal of sludge /septage generated within
Monroe County. After discussion, a motion was made by Commissioner Rice and seconded
by Mayor Murphy to approve the item. A 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.
Item C32 Board discussed the approval of Amendment 1 to the contract with IMS
Infrastructure Management Services, LLC for the Asphalt Pavement Evaluation and
Management Services Project to extend the expiration date of the contract until June 15, 2014.
After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage to grant approval of the item. Motion carried unanimously.
Item C36 Board discussed the approval of Ratification of the Local Agency Program
(LAP) Agreement with Florida Department of Transportation (FDOT) to fund construction
and construction engineering and inspection (CEI) services for the No Name Key Bridge
Repair Project. The agreement was revised by FDOT after BOCC approval on October 16,
2013. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage to grant approval of the item. Motion carried unanimously.
05/21/2014 Page 19
TOURIST DEVELOPMENT COUNCIL -BULK APPROVALS
Item D22 Board discussed the approval of one (1) "At Large" appointment to the Tourist
Development Council District II Advisory Committee. After discussion, a motion was made
by Commissioner Kolhage and seconded by Commissioner Carruthers to elect Charlotte
Palmer to the Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Item E2 Tina Boan, Senior Director addressed the Board concerning a Special Meeting
on June 30, 2014 at the Marathon Government Center in Marathon, Florida at 1:00 p.m. After
discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage to schedule the Special Meeting on June 30, 2014 in Marathon at 1:00 p.m. Motion
carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item I1 Christine Hurley, Director of Growth Management addressed the Board
regarding the hiring of a new full time Floodplain Administrator (FTE) to develop a
Community Rating System (CRS) application and implement the program annually, on an on-
going basis to include $20,000 salary and benefit expense for FY14 (hire date Aug. 1st),
$80,000 salary and benefit expense for FY15; and $70,000 consultant Fees for FY2015 to
assist in development of CRS required plans and CRS application. After discussion, a motion
was made by Commisisoner Neugent and seconded by Mayor Murphy to grant the request
made by Christine Hurley.
GROWTH MANAGEMENT -BULK APPROVALS
Item H7 Board discussed the approval of a resolution setting the time and place of July
16, 2014, 3:00 p.m.at the Harvey Government Center in Key West for a public hearing to
consider a request for the abandonment of a portion of the right of way of Peninsular Avenue
on Stock Island that is located between Blocks 46 and 60 in Maloney Subdivision. After
discussion, a motion was made by Commissioner Kolhage and seconded by Mayor Murphy to
set a Public Hearing on June 30, 2014 at 1:00p.m. in Marathon, Florida and to advertise the
Hearing. A Roll Call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Neugent
Yes
Commissioner Rice
Abstained
Mayor Murphy
Yes
RESOLUTION NO. 100 -2014
Said Resolution is incorporated herein by reference.
Motion Carried.
05/21/2014 Page 20
Item I2 Christine Hurley, Growth Management Director addressed the Board on the
options for Growth Management Division permitting satellite offices in Lower Keys to
provide services for Cudjoe Wastewater Service Area (Options IA, 113, 1C, 1D, 2A or 2B)
and in Ocean Reef to provide services to Ocean Reef (Options 1, 2A or 213). After discussion,
the Board directed Mrs. Hurley to go thru the budget process.
COUNTY ADMINISTRATOR
Item N1 Roman Gastesi, County Administrator and Bob Ward, Director of Information
Technology addressed the Board regarding iTunes being the most used App in the airport
while tourists wait for flights. Mr. Ward also addressed the Board concerning the Monroe
County website becoming a downloadable application for the iPhone and Android.
COUNTY ATTORNEY
Item O1 Bob Shillinger, County Attorney addressed the Board regarding DEP has
referred the Dump the Pump permits over to the Division of Administrative Hearings. DEP
has not issued a determination of order to Florida Keys Aqueduct Authority to stop working.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
05/21/2014 Page 21