12/10/2014 RegularREVISED MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 10, 2014
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Murry E. Nelson Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner
George Neugent, Commissioner David P. Rice and Mayor Danny Kolhage. 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 Motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the
Agenda. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting
approval of the Bulk Approvals. Motion passed unanimously.
Item C1 Board granted approval of an Agreement with Congressman Carlos Curbelo
for office space, Room 1 -213, at the Gato Building in Key West, FL.
Item C2 Board granted approval of USA Parking System, Inc. anticipated overall
annual operating budget for parking lot management for the Key West International Airport,
for the period December 1, 2014 through November 30, 2015.
Item C3 Board granted approval of Ratification of the previously executed Florida
Department of Transportation Supplemental Joint Participation Agreement Number Three for
Contract 4AQE35 (Planning Studies at both Monroe County Airport's), which increases the
funding of the original grant by an additional $733,284.00.
Item C4 Board granted approval of a Contract Agreement with Gardens of Eden of the
Florida Keys, Inc. for landscaping services at the Key West International Airport
Item C5 Board Approval of contract agreement with Cliffhanger Janitorial Services for
janitorial services at the Key West International Airport.
12/10/2014 Page
Item C6 Board adopted Various Resolutions for the Transfer of Funds and Resolutions
for the Receipt of Unanticipated Revenue.
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 380 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 381 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 382 -2014
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 383 -2014
Said Resolution is incorporated herein by reference.
Resolution Amending Resolution 237 -2014 (OMB Schedule Item No. 5)
RESOLUTION NO. 384 -2014
Said Resolution is incorporated herein by reference.
Item C9 Board granted approval of an Amendment to the Contract with Womankind,
revising Attachment C, which concerns the services to be provided.
Item C10 Board granted approval to advertise Notice of Request for Competitive
Solicitations for courier services for Monroe County
Item C11 Board granted approval of the 2014 Blue Options Benefit Booklet for Covered
Plan Participants of Monroe County BOCC Group Health Plan (a.k.a. Plan Document).
Item C12 Board granted approval of One -Year Consulting Agreement with Adams
Benefit Corporation, to provide advice and assistance regarding dental and health insurance
for: review and issuance of Request for Proposals (RFPs), analysis of proposals submitted,
and selection of carrier for dental and health benefits.
Item C13 Board adopted a Resolution adopting Amendment to Section 125 Plan
Document and Adoption Agreement. The Plan Document is required by IRS Code section 125
and sets forth the details by which employees can have the cost of premiums for health
insurance, dental and vision benefits deducted from their paychecks on a pre -tax basis.
RESOLUTION NO. 385 -2014
Said Resolution is incorporated herein by reference.
12/10/2014 Page 2
Item C14 Board granted approval of Florida Department of Children and Families Grant
Agreement 4KG070, Community Care for Disabled Adults (CCDA) between the State of
Florida, Department of Children and Families and Monroe County Board of County
Commissioners (BOCC) (Social Services /In Home Services)
Item C15 Board granted approval of Amendment to extend Agreement between GA
Food Service, Inc., and Monroe County Board of County Commissioners (BOCC) / Social
Services /In Home Services for the provision of Congregate and Home Delivered Meals
throughout Monroe County.
Item C16 Board granted approval to negotiate a Contract with T.Y. Lin International/H.J.
Ross, the highest ranked respondent, for engineering design and permitting services for the
Stock Island I Roadway and Drainage Improvement Project. If successful negotiations cannot
be reached, approval to negotiate a contract with the next highest ranked respondent until
successful negotiations are reached.
Item C18 Board granted approval of a License Agreement with the Key Largo Merchants
Association to hold the Key Largo Stonecrab and Seafood Festival at Rowell's Marina on
January 24 and 25, 2015. The county will receive five (5) percent of the cumulative gross
revenues for the event.
Item C19 Board granted approval for use of the southeast corner of the Key Largo
Community Park for overnight camping of volunteers & cyclists participating in the 2015
Bike MS: Breakaway to Key Largo on Saturday, March 7, 2015 through Sunday, March 8,
2015 and for waiver of all fees for the use of County facilities for the event.
Item C20 Board granted approval of a First Amendment to Agreement with Pedro Falcon
Electrical Contractors, Inc. for the construction of the Marathon Airport Customs and Border
Protection Facility. This project is funded by the FDOT and Airport funds.
Item C21 Board granted approval to Award the Bid and Enter into a One Year Lease
Agreement with Pamela Uslander for a paleta food concession at Higgs Beach.
Item C22 Board granted approval to enter into a Contract with the sole responsive bidder
for the Blimp Road Boat Ramp Repairs, Douglas N. Higgins, Inc. This project is funded
through Boater Improvement Funds.
Item C23 Board granted approval of Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C24 Board granted approval of a Second Amendment to Contract with William P.
Horn Architect, P.A. for the extension of the Continuing Contract in order to complete
currently active projects.
Item C25 Board granted approval of a Second Amendment to Contract with Bender &
Associates Architect, P.A. for the extension of the Continuing Contract in order to complete
currently active projects.
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Item C26 Board granted approval of a Second Amendment to Contract with Currie
Sowards Aguila Architects for the extension of the Continuing Contract in order to complete
currently active projects.
Item C27 Board granted approval of a Third Amendment to Contract with K2M Design,
Inc. for the extension of the Continuing Contract in order to complete currently active
projects.
Item C28 Board granted approval of a Contract with Greentech Group Solution, LLC for
the Sanitary Sewer Connections at the Marathon Courthouse, Marathon Sub - Station, Clerk of
Courts Office and Marathon Library. This project is funded by the one -cent infrastructure tax.
Item C29 Board granted approval to advertise a Request for Qualifications for a Noise
Insulation Program consultant.
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item D2 Board granted approval of an Agreement with Mad Dog Mandich Fishing
Classic, LLC covering Publix Mad Dog Mandich Fishing Classic in October 2015 in an
amount not to exceed $10,000, DAC IV, FY 2015 Event Resources.
Item D3 Board granted approval of a Turnkey Event Agreement with Friends of the
Pool, Inc. covering Swim for Alligator Lighthouse in September 2015 in an amount not to
exceed $40,000, DAC IV, FY 2015 Event Resources.
Item D4 Board granted approval of an Agreement with Conch Foundation of the Upper
Keys, Inc. covering Conch Scramble "on the water" Golf Tournament in September 2015 in
an amount not to exceed $10,000, DAC IV, FY 2015 Event Resources.
Item D5 Board granted approval of an Agreement with Bogart Film Festival, LLC
covering Humphrey Bogart Film Festival in October 2015 in an amount not to exceed
$25,000, DAC V, FY 2015 Event Resources.
Item D6 Board granted approval of a Turnkey Event Agreement with Upper Keys
Community Pool, Inc. covering Orange Bowl Swim Classic and Winter Training in December
2015- January 2016 in an amount not to exceed $50,000, DAC V, FY 2015 Event Resources.
Item D7 Board granted approval of an Agreement with Hawk's Cay Resort Sales LLC
covering Heroes Salute Weekend in September 2015 in an amount not to exceed $30,000,
DAC III, FY 2015 Event Resources.
Item D9 Board granted approval of an Agreement with Key Largo Baptist Church, Inc.
covering Key Largo Bridge Run in November 2015 in an amount not to exceed $10,000, DAC
V, FY 2015 Event Resources.
12/10/2014 Page 4
DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS
Item Hl Board granted approval to Reject all proposals for Development Of an On -Line
Solar Permitting System And Removal of Planning And Zoning Barriers To Solar Permitting
In Monroe County (RFP -42 -0- 2014 /ec, do not re- advertise and terminate the Interlocal
Agreement with Broward County (ILA).
Item H2 Board adopted a Resolution by the BOCC approving an extension of two (2)
years from the date of the resolution (December 10, 2014) for the completion of
improvements required by §110 -100 of the Monroe County Code related to the final plat
approval titled Key Haven Estates.
RESOLUTION NO. 386 -2014
Said Resolution is incorporated herein by reference.
Item H3 Board granted approval of Amendment No. 3 to the Agreement between
Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel
Pumpout Service which is scheduled to expire December 31, 2014, to: 1) extend the
Agreement for one month through January 31, 2015, coinciding with the expiration of the
DEP Clean Vessel Act grant agreement between CVA and Pumpout USA, 2) provide for a
payment to Pumpout USA for the one month of service in the amount of $27,435.27, and 3)
require invoicing documentation as described in the Agreement, except that the
documentation shall reference one month of service rather than one quarter.
Item H4 Board granted approval of a Contract with Earthbalance Corporation to provide
an invasive exotic plant technician crew to work on Monroe County conservation lands.
Item H5 Board granted approval of a Contract with Dot Palm Landscaping, Inc. for the
removal of invasive exotic plants from Monroe County conservation lands.
Item H6 Board granted approval of refund to Florida Lexmark Corporation for
overpayment of permit on October 15, 2014, in the amount of $1,456.81.
Item H7 Board granted approval of refund to Wire Nuts Electric to reopen permit for
closure on October 8, 2014, in the amount of $54.00.
Item H8 Board granted approval of refund to Terry Smith Inc. for overages paid on a
sewer lateral permit on October 9, 2014 and October 29, 2014, in the amount of $116.00.
Item H9 Board granted approval of a lease offer by the Ocean Reef Club to the Monroe
County Board of County Commissioners for a satellite office facility for Growth Management
Staff to expedite processing of building permits.
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Item H11 Board granted adopted a Resolution by the Monroe County Board of County
Commissioners amending the Building Permitting Fee Schedule: decreasing Fire fees to an
amount that will adequately fund operations but not create excess revenue, adding a private
provider administrative fee, eliminating 50% upfront costs for planning, environmental, and
fire, providing a 35% discount for permit applicants who applied for their permit prior to
10/1/14 (Discount will be available until 1/1/16), and authorizing Growth Management
Division Director to refund fire fees and applicant fees who applied prior to 10/1/14.
RESOLUTION NO. 387 -2014
Said Resolution is incorporated herein by reference.
Item H12 Board granted approval to advertise a Public Hearing to consider an Ordinance
Amending §6 -112 of the Monroe County Code (MCC) relating to temporary structures.
Item H13 Board granted approval of an exception to Section 2.02C of the Personnel
Policies and approval to create a new Senior Director of Planning and Environmental
Resources position to be occupied for up to six months, overlapping the current Senior
Director of Planning and Environmental Resources who is retiring at the latest April, 2015.
And, approval of the County Administrator and Growth Management Division Director's
appointment of Mayte Santamaria to the position of Senior Director of Planning and
Environmental Resources, under direction of the Growth Management Division.
COMMISSIONERS' ITEMS
Item Kl Board granted approval for the re- appointment of William Wiatt to the
Affordable Housing Advisory Committee.
Item K2 Board granted approval to appoint Mimi Young to the Library Advisory Board
as the District 4 representative.
Item K3 Board granted approval to reappoint David Paul Horan to the Human Services
Advisory Board.
Item K4 Board granted approval to reappoint James Cameron to the Affordable
Housing Committee.
Item K5 Board granted approval to reappoint Randy Wall to the Affordable Housing
Committee.
Item K6 Board granted approval to appoint Phil Goodman to Marine and Port Advisory
Committee.
Item K7 Board granted approval to appoint Gini Boilini to the Monroe County Shared
Asset Forfeiture Fund Advisory Board, term to expire on December 10, 2016.
12/10/2014 Page 6
COUNTY CLERK
Item L2 Board granted official approval of the Board of County Commissioners
minutes from the October 17th, 2014 regular meeting (previously distributed).
Item L3 Board granted approval of Warrants for the month of November, 2014:
(107341 - 107404 & 584680 - 585576): General Fund (001), in the amount of $688,813.87;
Fine & Forfeiture Fund (101), in the amount of $3,140,282.36; Road and Bridge Fund
(102), in the amount of $86,132.61; TDC District Two Penny (115), in the amount of
$204,915.03; TDC Admin. & Promo 2 Cent (116), in the amount of $692,594.88; TDC
District 1,3 Cent (117), in the amount of $263,571.71; TDC District 2,3 Cent (118), in the
amount of $30,856.51; TDC District 3,3 Cent (119), in the amount of $26,867.14; TDC
District 4,3 Cent (120), in the amount of $15,194.37; TDC District 5,3 Cent (121), in the
amount of $17,089.85; Gov. Fund Type Grants (125), in the amount of $301,256.32; Fire &
Amb District 1 L &M Keys (141), in the amount of $20,924.23; Upper Keys Health Care
(144), in the amount of $5,299.38; Uninc Svc Dist Parks & Rec (147), in the amount of
$53,568.19; Plan, Build, Zoning (148), in the amount of $49,050.58; Municipal Policing
(149), in the amount of $521,972.66; 911 Enhancement Fee (150), $36,56.377; Duck Key
Security (152), in the amount of $4,566.62; Local Housing Assistance (153), $23,666.90;
Boating Improvement Fund (157), in the amount of $16,901.44; Misc. Special Revenue
Fund (158), in the amount of $44,389.04; Environmental Restoration (160), in the amount
of $1,200.01; Building Fund (180), in the amount of $137,634.44; Cent Infra Surtax (304),
in the amount of $834,561.08; INFR Sle Srtx Rev Bds2007 (308), in the amount of
$8,500.00; Cudjoe Regional (312), $1,572.50; Card Sound Bridge (401), in the amount of
$3,446.19; Marathon Airport (403), in the amount of $13,365.54; Key West Intl. Airport
(404), in the amount of $532,117.68; MSD Solid Waste (414), in the amount of $677,020.70;
Worker's Compensation (501), in the amount of $13,881.09; Group Insurance Fund (502),
in the amount of $366,340.71; Risk Management Fund (503), in the amount of $52,193.92;
Fleet Management Fund (504), in the amount of $83,365.63; Fire & EMS Losap Trust
Fund (610), in the amount of $2,385.00.
Item L4 Board granted approval of Tourist Development Council expenditures for the
month of November, 2014.
Item L5 Board granted approval to remove Surplus Equipment from Inventory via
disposal or advertise for bid.
Item L6 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 M4 Board granted approval to Award Bid and enter into a Contract for
$199,641.59 with Charley Toppino and Sons, Inc. for the construction and installation of a
culvert on Canal 4472 on Geiger Key, the 3rd ranked canal project in the Canal Management
Master Plan. $78,291.00 is being funded through DEP Grant S0273. Approval requested to
have the County fund the balance of the $121,350.59 construction cost.
12/10/2014 Page 7
Item M6 Board granted approval to Authorize Amendment No. 1 to the Task Order with
HDR Engineering, Inc. to provide further professional consulting services for the County's
yard waste processing project, specifically the proposed gasification project.
Item M7 Board granted approval of First Amendment to Agreement with William J.
Peebles, P.A. and Capitol Insight, LLC., extending the one year and reflecting a name change
from William J. Peebles & Smith, LLC.
Item M8 Board granted approval of Amendment No. 4 to the contract with AMEC for
the selection of canal demonstration projects and homeowner coordination services to provide
additional services related to homeowner approvals for implementation of the active
demonstration projects, a time extension of two hundred seventy three (273) days retroactive
from September 30, 2014 to July 15, 2015, and an increase in budget of $14,935.50.
Item M9 Board granted approval of Amendment No. 5 with AMEC Environment &
Infrastructure, Inc., to the Contract for Engineering Services for the Selection of Canal
Demonstration Projects, to provide public outreach services related to the Canal Master Plan
Education Program, as provided under EPA Grant OOD26914 for Canal Outreach services.
Item M10 Board granted approval of the reappointment of Edith Zewadski- Bricker to the
CareerSource South Florida Investment Board.
Item M12 Board granted approval of Amendment 2 to Commercial Purchase and Sale
Agreement between Oceanside Investors, LLC and Pritam Singh (Oceanside) dated August
20, 2014 for the purchase of the Hickory House property, extending the closing date from
December 11, 2014 until after the DEO issues a Notice of Non - Appeal on the Amendment to
the Development Agreement.
Item M13 Board adopted a Resolution endorsing the nomination of Commissioner
George Neugent for a position on the Executive Committee of the (RESTORE Act) Gulf
Consortium.
RESOLUTION NO. 388 -2014
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item N2 Board granted approval to Advertise a Public Hearing to approve an Ordinance
of the Monroe County Board of County Commissioners amending Monroe County Code
Section 2 -349 Local Preference in Bidding; Providing for revisions to the local business
criteria.
Item N3 Board granted the Authorization permitting the lien which arose from code
case CE13070025 to remain against John and Tracie Ricketts and their property located at 241
2nd Road, Key Largo, Florida.
12/10/2014 Page 8
Item N4 Board granted Authorization to Initiate Litigation against Wendy Tribble (aka
Wendy Campbell) and her property located at 322 3rd Road, Key Largo, Florida to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE13070018.
Item N5 Boar granted Authorization to Initiate Litigation against Travis J. Wilson and
his property located at 1 Oakwood Avenue, Key Largo, Florida to seek compliance with the
County Code and enforce a lien arising for Code Compliance Case Number CE13050055.
Item N10 Board granted approval to execute Agreement with CrimeStoppers of Miami -
Dade.
MISCELLANEOUS — BULK APPROVALS
Item C7 Board discussed the approval of an amendment to the Substance Abuse Mental
Health contract with Guidance /Care Center, replacing Attachment C, which concerns the
services to be provided. After discussion, a motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers granting approval of the item. A Roll Call vote was
taken with the following results:
Commissioner Carruthers
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Abstain
Mayor Kolhage
Yes
Motion Carried.
Item C8 Board discussed the approval of an amendment to the contract with
Guidance /Care Center, replacing Attachment C, which concerns the services to be provided.
After discussion, a motion was made by Commissioner Neugent and seconded by
Commissioner Carruthers granting approval of the item. A Roll Call vote was taken with the
following results:
Commissioner Carruthers
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Abstain
Mayor Kolhage
Yes
Motion Carried.
12/10/2014 Page 9
COUNTY ATTORNEY
Item N7 Lisa Granger, Assistant County Attorney addressed the Board regarding the
presentation of an offer by Edward Wedge, the owner of property located at 63 Ed Swift
Road, Big Coppitt Key, Florida, for a release of Code Compliance lien imposed in Code Case
CE06010032 in exchange for payment of a reduced amount of fines. After discussion, a
motion was made by Commissioner Murphy and seconded by Commissioner Rice to accept a
reduced fine payment ($8,323.59) and full cost payment ($1,414.10) for the total amount of
$9,737.60 provided the County receives payment of $9,737.60 to be paid out of the proceeds
of the Sale of Lot 59 within 120 days; notification of a firm closing date; a written agreement
by the new buyers of Lot 59 that is currently owned by Mr. Wedge that the new buyers will
gain compliance on that Lot within an agreed upon time or fines will accrue. Motion passed
unanimously.
Item N9 Board discussed the authorization to initiate litigation against Rudolph
Holdings, Ltd., and their property located at 418 Harbor Drive, Duck Key, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE10090019. The following individuals addressed the Board: Bob Shillinger,
County Attorney; Lisa Granger, Assistant County Attorney and John Rudolph, Property
Owner. After discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Murphy to approve the recommendation from the County Attorney to
authorize the County Attorney's Office to initiate litigation so the County Attorney's Office
does not have to bring it back before the Board unless it is in compliance. Motion passed
unanimously.
Item N8 Lisa Granger, Assistant County Attorney and Mike Oliver, Property Owner
addressed the Board regarding the presentation of an offer by Magnolia TC 2 REO, LLC the
owner of property located at 28213 Helen Avenue, Little Torch Key, Florida, for a partial
release of Code Compliance lien imposed in Code Case CE03120083 in exchange for
payment of a reduced amount of fines. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Rice to pay $10,000 plus the hard costs $6,350 for a
total of $16,350 and demolish the home within 30 days after receipt of the permit. A Roll Call
vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
No
Commissioner Rice
No
Mayor Kolhage
No
Motion Failed.
Mayor Kolhage requested that Staff work something out with the Property Owner.
12/10/2014 Page 10
COUNTY ADMINISTRATOR
Item M3 Lisa Tennyson, Legislative Affairs & Grants Acquisition Direcetor and Roman
Gastesi, County Administrator addressed the Board regarding the initial discussion of draft
legislation designed to establish specific appropriations to the Florida Keys for water quality
and land acquisition needs, to be introduced by Rep. Holly Raschein for the 2015 state
legislative session. After discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent to request $25 million a year for the next 20 years from
Legislature. Motion passed unanimously.
Item M2 Lisa Tennyson, Legislative Affairs and Grants Acquisition Director addressed
the Board concerning the approval of the Monroe County 2015 State Legislative Agenda.
After discussion, no action was taken. Direction by the Board was given to add a reference in
the report to recognize the County's contract with the Trust for Public Land and the County's
desire to show local support.
Item M5 The Board discussed the update on research of gasification technology and
Energy 3, LLC, the highest ranked respondent to the Request for Proposals (RFP) for
processing of the County yard waste. The following individuals addressed the Board: Rhonda
Haag, Sustainability Manager; Patrick Saty, representing E3; and Andrew Dzykgwicz. After
discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy directing Staff to negotiate an interim Agreement to start saving $22,000 a month
while the Board decides whether or not to go ahead with the gasification plant. A Roll Call
vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Kolhage
Yes
Motion Carried.
ENGINEERING /PROJECT MANAGEMENT
Item Jl The Board discussed the presentation of the Florida Department of
Transportation Tentative Five Year Work Program for fiscal years 2015 -2016 through 2019-
2020. The following individuals addressed the Board: Chris Rosenberg, Assistant Program
Administrator for FDOT, District 6; Linda Glass- Johnson, Work Program Administrator for
FDOT and Harold Destin, Director of Transportation Development for FDOT. After
discussion, a motion was made by Commissioner Neugent and seconded by Commissioner
Rice to concur with the FDOT plan as presented. Motion passed unanimously.
12/10/2014 Page 11
Item J2 Trish Smith, Transportation Planner and John Erecto, representing URS
addressed the Board concerning the presentation and direction on the US1 Capacity
Improvements Feasibility Study prepared by URS Corporation Southern in September 2014.
After discussion, no actions were taken.
Item I2 Bob Shillinger, County Attorney announced an Attorney- Client Closed Session
in the matter of Venture Out at Cudjoe Cay, Inc., v. Florida Keys Aqueduct Authority and
Monroe County, Case No. 2013 -CA- 204 -K. The persons attending the meeting were the
County Commissioners, Roman Gastesi, County Administrator; Bob Shillinger, County
Administrator; Cynthia Hall, Assistant County Attorney; special outside counsel Mike Burke
and certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed Session
was adjourned and returned to the open session
Item I1 Bob Shillinger, County Attorney announced an Attorney -Client Closed Session
in the matter of Robert Denenberg v. Marine Mammal Conservancy, Inc., Richard Gudoian,
Jr. Monroe County et. al., Case No. 14 -CA- 000364- A- OOIPK. The persons attending the
meeting will be the County Commissioners, County Administrator Roman Gastesi, County
Attorney Bob Shillinger, Assistant County Attorneys Lisa Granger, Peter Morris, and Steve
Williams and a certified court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed Session
was adjourned and returned to the open session.
Item J3 Board discussed the structural evaluation performed at the Sugarloaf Fire
Station. The structure was evaluated to be in very poor condition. The following individuals
addressed the Board: Kevin Wilson, Public Works /Engineering /Project Management Director;
Doug Esposito, Project Manager Interim; and Bill Hunter, representing Sugarloaf Shores
Property Owners Association addressed the Board. After discussion, Mayor Kolhage with the
Board's agreement requested that staff return with a list of options. The Board did not take
any action.
PUBLIC WORKS /ENGINEERING — BULK APPROVALS
Item C17 Kevin Wilson, Public Works /Engineering /Project Management Director
addressed the Board regarding the approval of a License Agreement with the Rotary Club of
Key Largo to hold the Brew on the Bay Craft Beer Festival at Rowell's Marina on January 10,
2015. The county will receive five (5) percent of the cumulative gross revenues for the event.
Mayor Kolhage asked that the 5% language be tightened up. A motion was made by Mayor
Kolhage and seconded by Commissioner Rice granting approval of the item. Motion passed
unanimously.
12/10/2014 Page 12
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item Dl Dottie Moses addressed the Board concerning the approval of an Agreement
with Florida Powerboat Club, Inc. covering Key Largo Columbus Regatta — Oct 2015 in
October 2015 in an amount not to exceed $10,000, DAC V, FY 2015 Event Resources. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to continue the item until the January 21 2015 BOCC Meeting in Key West.
Motion passed unanimously.
Item D8 Bob Shillinger, County Attorney and Deb Curlee addressed the Board
regarding the approval of an Agreement with Growing Hope Foundation Corporation
covering Grimal Grove Holiday Chocolate Festival in December 2015 in an amount not to
exceed $5,000, DAC II, FY 2015 Event Resources. After discussion, a motion was made
Commissioner Rice and seconded by Commissioner Carruthers to continue the item until the
January 21 ", 2015 BOCC Meeting in Key West. Motion passed unanimously.
STAFF REPORTS
Item E6 Christine Hurley, Growth Management Director addressed the Board
requesting a Comprehensive Plan Amendment Transmittal Hearing on January 14 2015 at
10:00 a.m. at the Marathon Government Center. A motion was made by Commissioner
Carruthers and seconded by Commissioner Murphy granting approval of the item. Motion
passed unanimously.
GROWTH MANAGEMENT — BULK APPROVALS
Item H10 Board discussed the approval of a waiver of approximately $263,000 in
building permit fees for 42 senior affordable housing units to serve the 60% median income
level to be built at 2 N. Blackwater Lane on Key Largo (RE 400084260- 000100 by Gorman &
Company, Inc. The following individuals addressed the Board: Christine Hurley, Growth
Management Director; Dottie Moses and Joel Reed, representing Gorman & Company. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval of the item. A Roll Call vote was taken with the following
results:
Commissioner Carruthers
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Kolhage
Yes
Motion Carried.
12/10/2014 Page 13
STAFF REPORTS
Item E3 James Callahan, Fire Chief addressed the Board stating that the Big Pine Key
Volunteer Association will be going away and will come under the Monroe County Fire
Rescue. This is a very positive system.
COUNTY ADMINISTRATOR
Item Ml Roman Gastesi, County Administrator addressed the Board stating that the
County "really had a heck of year "; "we got a lot accomplished "; "the employees should feel
very proud" and thanked the Commission for their support. After discussion, a motion was
made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval
for the County to close their offices Friday, December 26 2014 and Friday, January 2na
2015. Motion passed unanimously.
Item M11 Roman Gastesi, County Administrator and Connie Cyr, Executive Aide to the
Administrator addressed the Board regarding the approval of the 2015 appointments of
Commissioners to various duties. The Board asked that the list of advisory boards be reviewed
to determine if any can be eliminated or if the frequency of the meetings can be amended.
PUBLIC HEARINGS
Item O1 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
(east of the center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1,
Page 55 of the Public Records of Monroe County, Florida. (Staff recommended this item be
continued to January 21, 2015). After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner Neugent to continue this item until the January
21 2015 BOCC Meeting in Key West, FL. Motion passed unanimously.
Item 02 David DeHaas, representing the Property Owner addressed the Board during a
Public Hearing to consider a Resolution transmitting to the State Land Planning Agency an
Ordinance by the Monroe County Board of County Commissioners amending the future land
use map of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to
Mixed Use /Commercial (MC), for property located at 97770 and 97702 Overseas Highway,
MM 98, Key Largo, described as parcels of land in section 6, township 62 south, range 39
east, Island of Key Largo, Monroe County, Florida having real estate numbers
00091000.000000 and 00091020.000000. (Legislative Proceeding). A motion was made by
Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item.
Motion passed unanimously.
RESOLUTION NO. 374 -2014
Said Resolution is incorporated herein by reference.
Item 03 A Public Hearing to consider a Resolution to transmit to the State Land
Planning Agency an Ordinance by the Monroe County Board of County Commissioners
12/10/2014 Page 14
amending the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
from Industrial (I) to Commercial (COMM) for property located at Mile Marker 9, Rockland
Key, described as four parcels of land within Section 21, Township 67 South, Range 26 East,
on Rockland Key, Monroe County, Florida, having real estate numbers 00122080- 000000,
00122081- 000200, 00122010- 000000, and 00121990- 000000; and from Mixed
Use /Commercial Fishing (MCF) and Industrial (I) to Mixed Use /Commercial (MC) for
property located at Mile Marker 9, Big Coppitt Key, described as a parcel of land within
Section 21, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida,
having real estate number 00120940 - 000100. (Legislative Proceeding). After discussion, a
motion was made by Commissioner Murphy and seconded by Commissioner Carruthers
granting approval of the item. Motion passed unanimously.
RESOLUTION NO. 375 -2014
Said Resolution is incorporated herein by reference.
Item 04 A Public Hearing to consider a Resolution transmitting to the State Land
Planning Agency an Ordinance by the Monroe County Board of County Commissioners
adopting the Monroe County Year 2030 Comprehensive Plan. (Legislative
Proceeding) [BOCC requested continuation of hearing to discuss amendments and data to the
comprehensive plan update related to height and offshore islands — staff report can be
accessed in the 04.PDF below]. The following individuals addressed the Board: Christine
Hurley, Growth Management Director; Ron Miller, representing Upper Keys Citizens
Association; Jason Totoice of Everglades Law Center, representing Last Stand and Florida
Keys Environmental Fund; Mitchell Harvey; Alicia Putney; Dottie Moses; Joyce Newman;
and Charles Causey. After discussion, a motion was made by Commissioner Murphy and
seconded by Commissioner Rice to separate the height policy amendment out of the EAR
based Comprehensive Plan and process it separately as a stand alone amendment. Motion
passed unanimously.
After further discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Murphy to separate the offshore islands. Motion passed unanimously.
After Public Speakers, a motion was made by Commissioner Carruthers and seconded by
Commissioner Rice to accept Resolutions as amended separating the height policy
amendment from the EAR based Comprehensive Plan processing it as a stand alone
amendment and separating the offshore islands policy amendment from the EAR based
Comprehensive Plan as a stand alone amendment. Motion passed unanimously.
RESOLUTION NO. 391 -2014
Said Resolution is incorporated herein by reference.
RESOLUTION NO. 392 -2014
Said Resolution is incorporated herein by reference.
12/10/2014 Page 15
Item 05 A Public Hearing to consider an Ordinance establishing §6 -3 of the Monroe
County Code (MCC), which would provide an approval process for temporary construction
staging areas with a special permit granted by the BOCC. The following individuals
addressed the Board: Bill Hunter and Deb Curlee. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent to approve the item with
an amendment to Section 6- 3(B)(4) to read the property subject to the request shall be posted
and property owners 300ft shall be notified in writing at least 15 days prior to the BOCC
Public Hearings with special notice located so it shall be easily visible from all public streets
and public ways abutting the property and add (9) the property shall be restored to its prior
condition. Motion passed unanimously.
ORDINANCE NO. 018 -2014
Said Ordinance is incorporated herein by reference.
Item 06 A Public Hearing to consider an Ordinance Amending §101 -1, §130 -4, and
§130 -5 of the Monroe County Code (MCC) relating to temporary housing uses. As this text
amendment affects permitted uses two public hearings by the BOCC are required prior to any
approval. The December 10, 2014 public hearing is the first public hearing. So actions was
not required. (Legislative Proceeding)
Item 07 A Public Hearing to approve Amendments to a Development Agreement
between Monroe County, Florida; Summerland Palms Investors, LLC, Coco Palms
Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC and Oceanside Investors.
(Quasi - judicial proceeding). A motion was made by Commissioner Murphy and seconded by
Commissioner Rice. Motion passed unanimously.
RESOLUTION NO. 373 -2014
Said Resolution is incorporated herein by reference.
Item 08 Public Hearing regarding the issuance of a Class A Certificate of Public
Convenience and Necessity (COPCN) to the City of Key West Fire Department for the
operation of an ALS transport ambulance service for the period December 10, 2014 to
December 9, 2016. A motion for approval was made by Commissioner Murphy and seconded
by Commissioner Carruthers. Motion passed unanimously.
Item 09 A Public Hearing to consider approval of a Resolution for a Budget
Amendment of Fiscal Year 2015 Marathon Airport Fund 403. A motion for approval was
made by Commissioner Rice and seconded by Commissioner Carruthers. Motion passed
unanimously.
RESOLUTION NO. 379A -2014
Said Resolution is incorporated herein by reference
12/10/2014 Page 16
Item 010 A Public Hearing to consider a Resolution renewing the intent to use the
uniform method to collect non -ad valorem special assessments toward the cost of providing
wastewater utility services to properties on Stock Island, Key Haven, Big Coppitt, Lower
Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding Indies
Islands and three parcels on Boca Chica. A motion for approval was made by Commissioner
Rice and seconded by Commissioner Murphy. A motion passed unanimously.
RESOLUTION NO. 379 -2014
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item M11 This item was reopened from the morning session because it was not
completed before the lunch break. Roman Gastesi, County Administrator and Connie Cyr,
Executive Aide to the Administrator addressed the Board regarding the approval of the 2015
appointments of Commissioners to various duties.
COUNTY ATTORNEY
Item N6 Bob Shillinger, County Attorney addressed the Board regarding the
authorization to initiate litigation against Kurt Rockenbach and his property located at 33
Dolphin Road, Key Largo, Florida to seek compliance with the County Code and enforce a
lien arising from Code Compliance Case Number CE13050156. After discussion, a motion
was made by Commissioner Murphy and seconded by Commissioner Carruthers to leave the
lien in place without initiating litigation for 12 months. Motion passed 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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