09/17/2014 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 17, 2014
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner David
Rice and Mayor Sylvia Murphy. Commissioner George Neugent was absent. Also present at
the meeting were Debbie Fredrick, Deputy 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 Rice and seconded by Commissioner
Carruthers approval of the Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B Mayor's Proclamation observing the week of October 5 -11, 2014 as Fire
Prevention Week in Monroe County. This year's theme is "Working Smoke Alarms Save
Lives ".
BULK APPROVALS
Item C1 Board granted approval for the Key West Branch Library to close on Saturday,
October 25, 2014.
Item C2 Board granted approval of annual update to Exhibit A as per the Memorandum
of Understanding (MOU) between Monroe County and the University of Florida (UF)
effective October 1, 2006 that specifies FY 2015 payroll costs for the jointly funded Extension
Agent positions.
Item C3 Board granted approval of Request for Amendment -PSO# 2012/7 -2 for
Passenger Facility Charge Application Number 15 with Newton and Associates, Inc.
Item C4 Board granted approval of Jacobs Project Management Co.'s Task Order
#12/14 -32 for the Services Authorized: EYW RW 27 EMAS CA & RPR — PSO #32.
09/17/2014 Page
Item C5 Board granted approval of Collateral Assignment of Lease by Marathon
Aviation Associates, LLC, a Florida limited liability company, hereinafter ASSIGNOR and
CENTENNIAL BANK, an Arkansas corporation, hereinafter ASSIGNEE.
Item C6 Board granted approval of Collateral Assignment of Lease and Sublease by
Marathon Aviation Associates, LLC, a Florida limited liability company, hereinafter
ASSIGNOR and CENTENNIAL BANK, an Arkansas corporation, hereinafter ASSIGNEE.
Item C7 Board granted approval of Modification #002 to the Federally Funded
Weatherization Assistance Program (WAP), grant Agreement # 14WX- OG- 11 -54 -01 -039
between Monroe County Board of County Commissioners (Monroe County Social Services)
and the State of Florida, Department of Economic Opportunity.
Item C8 Board granted approval of Modification #001 to the Federally Funded Low
Income Home Energy Assistance Program (LIHEAP), grant Agreement # 14EA-OF-11-54-01-
019 between Monroe County Board of County Commissioners (Monroe County Social
Services) and the State of Florida, Department of Economic Opportunity.
Item C9 Board granted approval of an Agreement for Disposal of Remains between
Allen -Beyer Funeral Home and Monroe County Board of County Commissioners, Monroe
County Social Services for the contract period of 10/16/2014 through 10/15/2015.
Item C10 Board granted approval of an Agreement for Disposal of Remains between
Dean -Lopez Funeral Home and Monroe County Board of County Commissioners, Monroe
County Social Services for the contract period of 10/16/2014 through 10/15/2015.
Item C11 Board granted approval of an Agreement for Disposal of Remains between
Castillo & Thurston's Key West Mortuary and Monroe County Board of County
Commissioners, Monroe County Social Services for the contract period of 10/16/2014
through 10/15/2015.
Item C12 Board granted approval of Amendment #002 to the Alliance for Aging, Inc.
Standard Contract, Older Americans Act (OAA) Contract AA -1429 between the Alliance for
Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social
Services /In home and nutrition programs) for the current contract period of 1/1/14 to
12/31/14.
Item C13 Board granted approval of Contract US -1551, Nutrition Services Incentive
Program (NSIP) between the Alliance for Aging, Inc. (AAA) and the Monroe County Board
of County Commissioners (Social Services /In home and nutrition programs) for the contract
period of 10/1/14 to 12/31/15.
Item C14 Board granted approval of Amendment #001 to the Alzheimer's Disease
Initiative Program (ADI) Contract #KZ 1497 between the Alliance for Aging, Inc. (AAA) and
Monroe County Board of County Commissioners (Monroe County Social Services /In Home
Services) for the contract period of 7/1/14 to 6/30/15.
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Item C15 Board granted approval of all four (4) hauler's (Waste Management, Marathon
Garbage, Keys Sanitary and Ocean Reef) Solid Waste Franchise Agreement's Revised Exhibit
II, Rates for Collection and Maintenance Fees, to become effective FY 2015.
Item C16 Board granted approval of Solid Waste Franchise Agreement's Revised Exhibit
V, fees for "Special Services," to become effective FY 2015.
Item C17 Board granted approval of a Month to Month agreement with E E & G
Environmental Services, LLC for professional beach cleaning, maintenance and beautification
at Higgs Beach, Key West. This project is funded by the TDC.
Item C18 Board adopted a Resolution to amend the Personnel Policies and Procedures
Manual.
RESOLUTION NO. 210 -2014
Said Resolution is incorporated herein by reference.
Item C19 Board granted approval to accept Proposal for Renewal from Travelers
Casualty and Surety Company of America through Arthur J. Gallagher for Crime Insurance at
a cost of $13,731.39 for a 3 year premium and can be paid in annual installments of
$4,577.13, with staff signing the necessary forms.
Item C20 Board granted approval to accept renewal with VFIS to provide Portable
Equipment and Emergency Apparatus Insurance and authorize the Risk Management
Administrator to sign the Florida Consent -To -Rate/ Excess Rate Application.
Item C21 Board granted approval to accept Proposal from The Florida Municipal
Insurance Trust Agreement #386 to provide General Liability, Vehicle Liability and Public
Officials/Employee Practices Liability and Excess Workers' Compensation.
Item C24 Board granted approval to accept Proposal from Arthur J. Gallagher for
Statutory Accidental Death & Dismemberment Coverage (Florida Statute 112.91) for
Firefighters with Hartford Life and Accident Insurance Company at a cost of $7,911.00 for a
two year premium, with staff signing the necessary forms.
Item C25 Board granted approval of Amendment No. 1 to the Pharmacy Benefit
Management Services Agreement with Envision Pharmaceutical Services, LLC, extending the
contract through September 30, 2017.
Item C26 Board granted approval to advertise a Public Hearing to approve an Ordinance
of the Monroe County Board of County Commissioners amending Section 25 -2 of the Monroe
County Code; Providing for 45 MPH on CR 905 from C905A to 1.4 miles north of C905A
and correcting speed zones to correctly reflect posted speed limits.
ORDINANCE NO. 014 -2014
Said Ordinance is incorporated herein by reference
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Item C27 Board granted approval to execute a Local Agency Program Agreement (LAP)
with the Florida Department of Transportation (FDOT) for the design of a scenic viewing area
at the Big Pine Swimming Hole. This project is funded at 100% by the FDOT through the
Transportation Alternatives Program.
Item C28 Board granted approval of revisions to the County's Skate Park Rules and
Skate Park Waiver and Release of Liability.
Item C29 Board granted approval of a Third Amendment to Contract for Professional
Services for the ADA Compliance Segments #1 & #2 Combined Contract with K2M Design,
Inc. adjusting the Architectural fee based on the actual construction costs. This contract is
funded from the one -cent infrastructure tax.
Item C30 Board granted approval of Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C31 Board granted approval of an Option to Renew and Amendment to reflect
Personnel Changes to the Agreement with the Florida Keys Council of the Arts (FKCA) in
order to renew the Administrative Agreement for the second year and to show personnel rate
changes.
Item C32 Board adopted 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. 211 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 212 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 213 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 214 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 215 -2014
Said Resolution is incorporated herein by reference.
09/17/2014 Page 4
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 216 -2014
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 217 -2014
Said Resolution is incorporated herein by reference.
Item C33 Board granted approval to allocate Police Facilities Impact Fees for the
purchase of five (5) MCC7100 Consoles with Laptops for a new back -up dispatch center.
Item C34 Board granted approval to reject all Proposals for the construction of the Blimp
Road Ramp Repairs on Cudjoe Key and approval to readvertise a new Request for Proposals
(RFP).
Item C35 Board granted approval of a First Amendment to the Agreement — Legal Aid
Funding with Legal Services of Greater Miami, Inc. d /b /a Legal Services of the Florida Keys
Funding extending the agreement for an additional five (5) years to provide legal aid services
in accordance with Ordinance No. 016 -20014 and F.S. 29.008(3)(a), Florida Statutes.
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item D1 Board granted approval of the 2014/2015 Monroe County Tourist
Development Council Marketing Plan.
Item D2 Board granted approval of an Amendment to Agreement with Pigeon Key
Foundation, Inc. to revise Exhibit A outlining scope of services for the Pigeon Key Solar Hot
Water project.
Item D3 Board granted approval of an Amendment to Agreement with Nick Sheahan
Scholarship Fund, Inc. to extend the reimbursement deadline date from July 30, 2014 to
September 30, 2014 to allow payment of late submission of invoices.
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Item H1 Board granted approval of the Eleventh (11th) Amendment to the Agreement
for Professional Services with Keith and Schnars P.A., (K &S), with no change to the total
contract price, to combine the 9th Amendment (reorganized the remaining tasks and schedule
of the project and the 10th Amendment (added a task to collect noise data to establish a noise
baseline) in order to clarify the total payments under both amendments.
Item H2 Board granted approval to advertise a Request for Proposals (RFP) seeking a
vendor to provide post- disaster response and recovery services for marine debris and vessel
removal and waiving the requirement for local preference based on market conditions and
federal procurement regulations.
09/17/2014 Page 5
Item H3 Board granted approval of an Interlocal Agreement between Monroe County
and the City of Marathon Transferring Affordable Housing Allocations, according to a prior
approval by the BOCC of an agreement with Little Palm Cottages, LLC
Item H4 Board granted approval of the Monroe County Area of Critical State (ACSC)
Annual Work Program Report, pursuant to Rule 28- 20.140, F.A.C., which will be sent to the
Department of Economic Opportunity (DEO).
MONROE COUNTY SHERIFF DEPARTMENT - BULK APPROVALS
Item J1 Board granted approval of request for expenditure from the Law Enforcement
Trust Fund.
$3,000.00 Military Affairs Committee, Key West: To support the fostering and improvement
of the relationship between the military and the civilian communities through public projects
and events.
Item J2 Board granted approval of the final program reports for DCF Criminal Justice
Mental Health and Substance Abuse Reinvestment Grant as outlined in DCF's closeout
guidelines.
Item J3 Board adopted a Resolution terminating the Criminal Justice Mental Health
and Substance Abuse Planning Council and appointments of representatives to the Council,
and rescinding prior resolution 289 -2010.
RESOLUTION NO. 218 -2014
Said Resolution is incorporated herein by reference.
Item J4 Board granted approval of Second Amendment to Contract for Law
Enforcement and Security Services at Key West Airport with the Monroe County Sheriffs
Office and the BOCC.
Item J5 Board granted approval of Second Amendment to Contract for Local Police
Services with the City of Marathon, the Monroe County Sheriff s Office and the BOCC.
MONROE COUNTY HOUSING AUTHORITY — BULK APPROVALS
Item L1 Board adopted a Resolution of the Board of County Commissioners of Monroe
County, Florida approving and authorizing the Monroe County Social Services Department to
implement the Legislative SHIP Special Needs set aside for Fiscal Years 2013 -2014 and
2014 -2015; and providing for an effective date.
RESOLUTION NO. 219 -2014
Said Resolution is incorporated herein by reference.
09/17/2014 Page 6
COMMISSIONERS' ITEMS - BULK APPROVALS
Item M1 Board granted approval to reappoint Julie Fondriest to the Tourist
Development Council.
ItemM4 Board adopted a Resolution of the Monreo County Board of Commissioners
applauding the Ocean Conservacy & Florida Keys National Marine Sanctuary for their effors
in organizing and carrying out a keys wide beach cleanup to take place on 20, September
2014.
RESOLUTION NO. 220 -2014
Said Resolution is incorporated herein by reference.
COUNTY CLERK - BULK APPROVALS
Item N2 Board granted official approval of the Board of County Commissioners
minutes from the July 16th, 2014 regular meeting, July 23rd and 24th, 2014 regular meeting
(previously distributed)
Item N3 Board granted approval of Warrants (including payroll) for the month
of August, 2014. (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of
$2,102,489.97; Affordable Housing Project Fund (100), in the amount of $176,930.18;
Fine & Forfeiture Fund (101), in the amount of $3,372,972.59; Road and Bridge Fund
(102), in the amount of $163,547.48; TDC District Two Penny (115), in the amount of
$405,630.42; TDC Admin. & Promo 2 Cent (116), in the amount of $677,341.70; TDC
District 1,3 Cent (117), in the amount of $726,161.45; TDC District 2,3 Cent (118), in the
amount of $39,847.06; TDC District 3,3 Cent (119), in the amount of $188,289.91; TDC
District 4,3 Cent (120), in the amount of $103,813.83; TDC District 5,3 Cent (121), in the
amount of $92,564.73; Gov. Fund Type Grants (125), in the amount of $361,671.76;
Impact Fees Roadways (130), in the amount of $343,741.81; Fire & Amb District 1 L &M
Keys (141), in the amount of $92,542.44; Upper Keys Health Care (144), in the amount of
$92.56; Uninc Svc Dist Parks & Rec (147), in the amount of $63,511.52; Plan, Build,
Zoning (148), in the amount of $63,738.04; Municipal Policing (149), in the amount of
$512,238.08; 911 Enhancement Fee Fund (150), in the amount of $74,570.42; Duck Key
Security (152), in the amount of $5,280.32; Boating Improvement Fund (157), in the
amount of $91,024.15; Misc. Special Revenue Fund (158), in the amount of $58,398.93;
Environmental Restoration (160), in the amount of $8,801.96; Court Facilities Fees -602
Fund (163), in the amount of $14,813.00; Drug Abuse Trust (164), in the amount of
$10,969.62; Building Fund (180), in the amount of $58,530.42; 1 Cent Infra Surtax (304),
in the amount of $28,602.07; INFR Sle Srtx Rev Bds2007 (308), in the amount of $6,667.00;
Cudjoe Regional (312), in the amount of $10,007,355.55; Card Sound Bridge (401), in the
amount of $4,283.10; Marathon Airport (403), in the amount of $94,934.34; Key West Intl.
Airport (404), in the amount of $511,916.30; MSD Solid Waste (414), in the amount of
$2,025,928.43; Worker's Compensation (501), in the amount of $11,006.25; Group
Insurance Fund (502), in the amount of $1,589,177.52; Risk Management Fund (503), in
the amount of $33,878.46; Fleet Management Fund (504), in the amount of $92,174.30;
Fire & EMS LOSAP Trust Fund (610), in the amount of $2,385.00.
09/17/2014 Page 7
Item N4 Board granted approval of FKAA invoices greater than $50,000 (to include
salaries), relating to the Cudjoe Regional Wastewater System Project.
COUNTY ADMINISTRATOR — BULK APPROVALS
Item 02 Board adopted a Resolution of the Board of County Commissioners of Monroe
County in support of designating that portion of US 1 /S.R. 5 between Card Sound Road in
Miami -Dade County and C.R. 905 in Monroe County (18 -Mile Stretch) , as "Purple Heart
Trail ".
RESOLUTION NO. 221 -2014
Said Resolution is incorporated herein by reference.
Item 03 Board adopted a Resolution of the Board of County Commissioners of Monroe
County in support of designating the Indian Key Bridge over Indian Key Channel on US 1 /SR
5 as the "Indian Key Irving R. Eyster Bridge ".
RESOLUTION NO. 222 -2014
Said Resolution is incorporated herein by reference.
Item 05 Board granted approval to advertise a Request for Bids for the construction and
installation of a culvert on Canal #472 on Geiger Key, the 3rd ranked canal project in the
Canal Management Master Plan.
Item 06 Board granted approval of Amendment No. 1 with AMEC Environment &
Infrastructure, Inc. to provide additional services related to engineering support during
construction for the 3rd ranked culvert demonstration project at Canal #472 Geiger Key as
funded under DEP grant S -0723.
Item 07 Board granted approval of Grant Agreement S -0723 from the Florida
Department of Environmental Protection (FDEP) for funding of construction support services
and the installation of a culvert on Canal #472 Geiger Key, the 3rd ranked canal
demonstration project in the Canal Management Master Plan. The project will be funded up to
$100,000 in funds provided by FDEP.
Item 08 Board adopted a Resolution of the Board of County Commissioners of Monroe
County, Florida urging the United States Congress to support the permanent, mandatory full
funding of the Payment in Lieu of Taxes (PILT) program.
RESOLUTION NO. 223 -2014
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY — BULK APPROVALS
Item P2 Board granted authorization to initiate litigation against Scott Wile and Darla
Rae Legrave and their property located at 569 Bonito Avenue, Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE13040146.
09/17/2014 Page 8
Item P4 Board granted authorization to initiate litigation against Key Largo Service
Station LLC and their property located at 98210 Overseas Highway, Key Largo, Florida to
seek compliance with the County Code and to enforce a lien arising from code compliance
case number CE11120081.
Item P5 Board granted approval of Agreement with Marr and Associates Appraisal
Company, Inc. for an appraisal of Lot 1, Block 1, Treasure Cove Subdivision No. 2 Key
Largo and consultant services if necessary.
Item P6 Board granted approval of a report Summarizing commissioners' comments at
a public meeting convened by Representative Holly Raschein on August 25, 2014 in
Marathon regarding workforce housing.
BULK APPROVALS — EMPLOYEE SERVICES
Item C22 Teresa Aguiar, Employee Services Director addressed the Board regarding the
approval to Amend Contact with Key West Urgent Care, Inc. to provide testing for Nicotine
products. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Rice granting approval of the item. Motion passed unanimously.
Item C23 Teresa Aguiar, Employee Services Director addressed the Board regarding the
approval to Amend Contract with New Truman Medical to provide testing for Nicotine
products. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Rice granting approval of the item. Motion passed unanimously.
BULK APPROVALS — ENGINEERING
Item C36 Kevin Wilson, Public Works/Project Management/Engineering Director and
Chief Callahan, Emergency Services Director addressed the Board regarding the approval of a
contract with William P. Horn Architect P.A. for professional services associated with the
renovation of the Sugarloaf Fire Station. This project is funded through the one -cent
infrastructure tax in the amount od $24, 275.00. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Carruthers to move with the Evaluation
portion and explore the possibility of a land lease on the Sugarloaf property.
09/17/2014 Page 9
COUNTY ATTORNEY
Item P3 Board discussed the presentation of an offer by Maria Christina Ruiz, the
property owner of a property located at 1 West Cypress Terrace, Key West, Florida for a
release of code compliance lien imposed in Code Case CE11040080 in exchange for payment
of a reduced amount of fines. The following individuals addressed the Board: Virgina Stones,
Attorney; Lisa Granger, Assistant County Attorney and Maria Christina Ruiz. After
discussion, a motion was made by Mayor Murphy and seconded by Commissioner Kolhage to
accept staff recommendation to approve the $15,525 plus the hard costs of $317.19 as
amended by Commissioner Carruthers and seconded by Commissioner Kolhage. Such
amendment is as follows: to cut the fine in half to the amount of $7,512.50 plus the $317.19
hard costs for a total amount of $8,079.69. A Roll Call vote was taken with the following
results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Neugent
Absent
Commissioner Rice
Yes
Mayor Murphy
Yes
Motion Carried.
09/17/2014 Page 10
* * * * * * * * * * * * *
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,
Councilman Clark Snow and Councilwoman Kate Scott.
Chief James Callahan, Fire Chief addressed the Board concerning the following items:
Item G2 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. After discussion, a motion
was made by Commissioner Kolhage and seconded by Councilman Snow.
Item G3 Approval to issue a Request for Proposal (RFP) for Maintenance of Monroe
County Fire Rescue Ambulances and Other Vehicles. After discussion, a motion was made by
Councilman Scott and seconded by Commissioner Kolhage. Motion passed unanimously.
There being no further business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
* * * * * * * * * * * * *
BULK APPROVALS — ENGINEERING
Item C36 Kevin Wilson, Public Works/Project Management/Engineering Director and
Bill Hunter, representing Sugarloaf Shores Property Owner's Association addressed the Board
regarding the approval of a Contract with William P. Horn Architect P.A. for professional
services associated with the renovation of the Sugarloaf Fire Station. This project is funded
through the one -cent infrastructure tax in the amount od $24, 275.00. After discussion, motion
was made by Commissioner Kolhage and seconded by Commissioner Rice to approve the
contract with William Horn Architects with the following change: the structural evaluation
and opinion of structural condition will be approved at a not to exceed a cost of $5,600. The
preparation of design and construction documents and construction administration will be
removed from this contract. Motion passes unanimously.
COUNTY ADMINISTRATOR
Item 04 Presentation on the modeling being used in Monroe County's Coastal Flood
Risk Study being conducted as part of FEMA's flood hazard map update process currently
underway. The following individuals addressed the Board: Christine Hurley, Director of
Growth Management and Michael DelCharco, PE.
09/17/2014 Page 11
STAFF REPORTS
Item E8 Bob Ward, Information Technology Director addressed the Board regarding
new Monroe County Application for the Iphone and Android.
PUBLIC WORKS
Item K2 Board discussed a request to allow staff to explore the potential to transfer
ownership of Watson Field in Big Pine Key to Monroe County (at no cost to the county) for
use as a park in perpetuity. After discussion, a motion was made by Commissioner Rice and
seconded by Commissioner Kolhage granting approval of the item. Motion passed
unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D4 Announcement of one vacant position on the Tourist Development Council
District II Advisory Committee "At Large" appointment. Position is being advertised due to
the end of term for Mr. Kevin Freestone.
Item D5 Announcement of one vacant position on the Tourist Development Council
District III Advisory Committee "At Large" appointment. Position is being advertised due to
the end of term for Mr. Bernard Spinrad.
Item D6 Announcement of one vacant position on the Tourist Development Council
District IV Advisory Committee "At Large" appointment. Position is being advertised due to
the resignation of Mr. H.B. "Hal" Barrett.
STAFF REPORTS
Item E5 Kevin Wilson, Public Works/Engineering/Project Management Director
addressed the Board concerning the Marathon Customs Project will start in Late October,
early November. The First review for Bernstein Park will be in Early October, full detail will
be late January, early February and out to bid in March. With construction finishing in Mid
2016.
09/17/2014 Page 12
Item E6 Christine Hurley, Growth Management Director addressed the Board regarding
the visit with Mr. Robert Jones will be in Monroe County and will be interviewing residents
about affordable housing issues. Christine also addressed the Board concerning the Affordable
Housing Committee members and either re- evaluating the existing members and decide
whether or not they could stay on or re- appoint new members since some of the existing
members thought that they would only be doing one meeting a year. A couple of the Board
members have indicated that they are putting some new people on to us through email and
others have said you want to keep your existing appointments. They need for the Board to tell
us in an email and if they are not expired, we can maintain those, but the appointments will
need to come forward in October so the Board can confirm them. Christine would like for Mr.
Jones to meet with them while he is here. Whoever the Board is going to appoint or keep
please email Christine so they can get them on the interview schedule.
DIVISION OF GROWTH MANAGEMENT
Item I1 Rich Jones, Senior Administrator Marine Resources and Kevin Madok, Snior
Director of Strategic Planning addressed the Board regarding the the report to the Board,
providing documentation associated with the annual audit requirement described in Sec. XVII
of the December 12, 2012 Agreement with Pumpout USA (Contractor) as amended on March
20, 2013 and again on July 17, 2013, including an Agreed Upon Procedures Report and an
Independent Accountants' Compilation Report, detailing reporting procedures performed by
the accountant and the revenue and expenses incurred by the Contractor for the operation of
the mobile vessel pumpout service in 2013.
COUNTY ATTORNEY
Item P5 Board discussed authorization to initiate litigation against Ray W. Thompson,
Jr. and Robert C. Thompson and their property located at 118 Buttonwood Avenue, Key
Largo, Florida to seek compliance with the County Code and enforce a lien arising from code
compliance case number CE1211065. The following individuals addressed the Board: Lisa
Granger, Assistant County Attorney; Ray Thompson, Property Owner and Diane Link, Code
Inspector. After discussion, a motion was made by Commissioner Kolhage and seconded by
Commissioner Rice to move staff recommendation to initiate litigation. A Roll Call vote was
taken with the following results.
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Neugent
Absent
Commissioner Rice
Yes
Mayor Murphy
Yes
Motion Carried.
09/17/2014 Page 13
COMMISSIONERS ITEMS
Item M3 Bob Shillinger, County Attorney addressed the Board concerning the approval
of a Resolution supporting legislation that would authorize members of local government
advisory committees to use communications media technology to attend committee meetings.
After discussion, a motion was made by Commissioner Rice and seconded by Mayor Murphy
to adopt the Resolution.
RESOLUTION NO. 224 -2014
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item O1 Bob Shillinger, County Attorney addressed the Board concerning the Board of
County Commissioners Meeting that is scheduled for October 15, 2014. Roman Gastesi and
Lisa Tennyson requested that the Board move the regularly scheduled BOCC meeting to
Friday, October 17, 2014 at the Harvey Government Center so County Staff could attend the
National Association of Counties meeting. A motion was made by Mayor Murphy and
seconded by Commissioner Carruthers to move the BOCC Meeting from October 15, 2014 to
October 17, 2014. Motion passed unanimously.
COUNTY ATTORNEY
Item P1 Bob Shillinger, County Attorney addressed the Board regarding a request from
the Danise Henriquez, Tax Collector to shift the function of Tourist Development Tax from
the Clerk to the Tax Collector. Mr. Shillinger requested a head nod from the Board to prepare
an Ordinance to change the functions from the Clerk's Office to the Tax Collector's Office.
PUBLIC HEARINGS
Item Q1 The Board discussed a Public Hearing regarding the issuance of a Class B
Certificate of Public Convenience and Necessity (COPCN) to Florida Keys Ambulance
Service, Inc. (FKAS) for the operation of a non - emergency medical transportation service for
the period September 17, 2014 to September 16, 2016. After discussion, a motion was made
by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the
item. Motion passed unanimously.
Item Q2 The Board discussed a Public Hearing to consider a final plat submittal by
Habitat for Humanity of the Upper Keys, on behalf of Monroe County being a replat of a
portion of Block 3, Mandalay Subdivision, Plat Book 1, Page 194 of the public records of
Monroe County, Florida located within Section 6, Township 62 South, Range 39 East,
Monroe County Florida. After discussion, a motion was made by Commissioner Kolhage and
seconded by Commissioner Rice granting approval of the item. Motion passed unanimously.
09/17/2014 Page 14
Item Q3 Mayte Santamaria, Assistant Director of Growth Management 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 Monroe County 2010
Comprehensive Plan by creating Policy 202.8.6 to allow the implementation of canal
restoration pilot projects by public entities (County, State or Federal) which include the
removal of organic material by vacuum dredge from artificial canals characterized as having
poor or fair water quality within the 2013 Monroe County Canal Management Master Plan to
depths greater than minus six ( -6) feet mean low water. (Legislative Proceeding). After
discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Kolhage.
A motion was made Commissioner Kolhage and seconded by Commissioner Carruthers
amending the policy to read: "and Monroe County, after a Public Hearing by the Board of
County Commissioners for the development approval" and the changes on page 5 should
read: "Proper to the expansion of the canal restoration project pursuant to this policy,
water quality monitoring of the two (2) organic material removal pilot projects shall
take place for a minimum of a 2 year period. After 2 years from the organic material
removal by vacuum dredge from the 2 pilot project canals, the County shall request a
water quality report from the Water Quality Steering Committee to determine the pilot
projects' effectiveness, and prior to proposing additional comprehensive plan
amendments to allow additional canal restoration projects, beyond the two (2) pilot
projects, to perform organic material removal by vacuum dredge to depths greater than
minus ( -6) feet mean low water." A Roll Call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Neugent
Absent
Commissioner Rice
Yes
Mayor Murphy
Yes
Motion Carried.
RESOLUTION NO. 21OA -2014
Said Resolution is incorporated herein by reference.
Item Q4 The Board discussed a Public Hearing to approve an Ordinance of the Monroe
County Board of County Commissioners amending Section 25 -2 of the Monroe County Code;
Providing for 10 MPH speed limit in designated areas on Duck Key. After discussion, a
motion was made by Commissioner Rice and seconded by Commissioner Kolhage adopting
the Ordinance. Motion passed unanimously.
ORDINANCE NO. 015 -2014
Said Ordinance is incorporated herein by reference
09/17/2014 Page 15
Item Q5 Bob Shillinger, County Attorney addressed the Board concerning a Public
Hearing to consider an Ordinance of the Board of County Commissioners creating Section 22-
127., Chapter 22. Special Districts in the Monroe County Code readopting Ordinance 005-
1992 (creating the Duck Key Security District), as amended by Ordinance No. 012 -1994 and
Ordinance No. 041 -1994; amending Section 5. of Ordinance 005 -1992; providing for term
limits of advisory board members and officers, providing for meeting frequency and
attendance requirements and providing for codification in the Monroe County Code. After
discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Kolhage adopting the Ordinance. Motion passed unanimously.
ORDINANCE NO. 016 -2014
Said Ordinance is incorporated herein by reference
09/17/2014 Page 16