03/18/2015 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 18, 2015
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 Sylvia Murphy, Commissioner George
Neugent, Commissioner David P. Rice and Mayor Danny Kolhage. Also present at the
meeting were Roman Gastesi, County Administrator; 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 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 10 years of service to Monroe
County to James McKoy, Maintenance Worker I11, Facilities Maintenance, Public
Works /Engineering Division.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting approval of the Bulk Approvals. Motion passed unanimously.
Item C1 Board granted approval of revised Library Policy 3.01.13.9.
Item C2 Board granted approval of Ratification of Modification 4003 to the Federally
Funded Weatherization Assistance Program (WAP), grant Agreement 4 14WX-OG-11-54-01-
039 between the State of Florida, Department of Economic Opportunity and the Monroe
County Board of County Commissioners (Monroe County Social Services) to extend the end
date of the Agreement from February 21, 2015 to April 21, 2015, keeping the original amount
of $19,526.
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Item C3 Board granted approval of Ratification of the 2015 Vendor Agreement between
Monroe County Social Services and Marissa Ciorciari, MS, RD, LD/N of Haute Body
Nutrition, LLC., for the provision of professional nutrition services by a Licensed Dietician
(registered dietician) for the nutrition programs as required by the primary granting agency,
the Alliance for Aging, Inc., for the period of 3/1/15 through 12/31/15 in an amount not to
exceed $5,000.
Item C4 Board granted approval of Amendment 4001 to the Older Americans Act
(OAA) Contract AA -1529 between the Alliance for Aging, Inc. (AAA) and the Monroe
County Board of County Commissioners (Monroe County Social Services /In Home Services
and Nutrition Programs) to reduce funding in the amount of $2,177.03 for the current contract
period of 111115 to 12/31/15.
Item C5 Board adopted a Resolution granting the Sr. Director of Social Services or her
designee to sign and execute routine amendment or modifications to grant agreements or
contracts that have been approved and executed by the Board of County Commissioners
(BOCC).
RESOLUTION NO. 064 -2015
Said Resolution is incorporated herein by reference.
Item C6 Board granted approval to host the National Weather Service Hurricane
Awareness Tour on May 8, 2015 at The Florida Keys Marathon Airport.
Item C7 Board granted approval to add "International" to the airport's name. The new
name will be The Florida Keys Marathon International Airport.
Item C8 Board granted approval of Design Services Agreement (Amendment 41) —
Modified Scope of Work) with K2M Solaria Design (previously MBI/K2M) for Customs
Terminal Security Enhancements Phases II & III at the Key West International Airport.
Item C9 Board granted approval of a Lease Agreement with Federal Express
Corporation for the use of an air cargo building, unimproved land and an aircraft parking
apron at the Key West International Airport.
Item C10 Board adopted a Resolution authorizing the Director of Airports or designee, to
sign and execute Standard Letters of Agreement, Standard Memorandums of Understanding
and other documents of a similar nature related to maintaining the routine operational
requirements or procedures of an airport, at the Key West International Airport and the
Florida Keys Marathon Airport.
RESOLUTION NO. 065 -2015
Said Resolution is incorporated herein by reference.
Item C11 Board granted approval to negotiate a Contract for the Implementation of Noise
Insulation Program for the Key West International Airport, with THC, Inc. the most qualified
firm chosen at the NIP Consultant Selection Committee public meeting on February 27, 2015.
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Item C12 Board granted approval of a one year Wastewater Treatment Plant
Maintenance Renewal Agreement with Conch Waste Water, Inc. for the Florida Keys
Marathon Airport at a monthly cost of $603.32.
Item C13 Board granted approval of a Landlord Estoppel Certificate and Agreement.
Securing the financial interest of 2J's Properties for construction of an aircraft hangar at
Marathon.
Item C14 Board adopted a Resolution to amend the Personnel Policies and Procedures
Manual to further clarify the Veteran's Preference Law (Chapter 295, Florida Statutes).
RESOLUTION NO. 066 -2015
Said Resolution is incorporated herein by reference.
Item C15 Board granted approval to advertise a Solicitation for Proposals for Medical
Third Party Administration Services, including Claims Administration, Case Management and
Utilization Review Services, Disease Management (DM), Network Management, Wellness
Programs, and other Related Services.
Item C16 Board granted approval of an Issuance (renewal) of Class A Certificate of
Public Convenience and Necessity (COPCN) to the City of Marathon Fire Rescue for the
operation of an ALS transport ambulance service for the period April 15, 2015 through April
14, 2017.
Item C17 Board adopted a Resolution authorizing the write -off of 85 accounts receivable
for covering the time period of 2009 through August 2014 totaling $712,326.92 for Monroe
County residents who qualified for the Trauma Star Air Ambulance Waiver Program.
RESOLUTION NO. 067 -2015
Said Resolution is incorporated herein by reference.
Item C18 Board granted approval of a Mutual Aid Agreement between Key Largo Fire
Rescue and Emergency Medical Services District, Key Largo Volunteer Ambulance Corps.,
and Key Largo Volunteer Fire Department, Inc., and Monroe County, a political subdivision
of the State of Florida, for the purpose of providing personnel and equipment in each of the
parties respective jurisdictions in the event of large scale fire or unusual emergency incidents.
Item C19 Board granted approval of a Mutual Aid Agreement between the City of Key
West, Florida, a municipal corporation organized under the laws of the State of Florida, and
Monroe County, a political subdivision of the State of Florida, for the purpose of providing
personnel and equipment in each of the parties respective jurisdictions in the event of large
scale fire or unusual emergency incidents.
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Item C20 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. 068 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 069 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 070 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 071 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4272 -2014 (OMB Schedule Item No. 5).
RESOLUTION NO. 072 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4273 -2014 (OMB Schedule Item No. 6).
RESOLUTION NO. 073 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4274 -2014 (OMB Schedule Item No. 7).
RESOLUTION NO. 074 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4275 -2014 (OMB Schedule Item No. 8).
RESOLUTION NO. 075 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4276 -2014 (OMB Schedule Item No. 9).
RESOLUTION NO. 076 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4277 -2014 (OMB Schedule Item No. 10).
RESOLUTION NO. 077 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4278 -2014 (OMB Schedule Item No. 11).
RESOLUTION NO. 078 -2015
Said Resolution is incorporated herein by reference.
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Resolution Amending of Resolution 4279 -2014 (OMB Schedule Item No. 12).
RESOLUTION NO. 079 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 080 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 081 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 082 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 083 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 084 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 085 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 086 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4280 -2014 (OMB Schedule Item No. 20).
RESOLUTION NO. 087 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4286 -2014 (OMB Schedule Item No. 21).
RESOLUTION NO. 088 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4288 -2014 (OMB Schedule Item No. 22).
RESOLUTION NO. 089 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4293 -2014 (OMB Schedule Item No. 23).
RESOLUTION NO. 090 -2015
Said Resolution is incorporated herein by reference.
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Resolution Rescinding of Resolution 4060 -2015 (OMB Schedule Item No. 24).
RESOLUTION NO. 091 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4295 -2014 (OMB Schedule Item No. 25).
RESOLUTION NO. 092 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4297 -2014 (OMB Schedule Item No. 26).
RESOLUTION NO. 093 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4298 -2014 (OMB Schedule Item No. 27).
RESOLUTION NO. 094 -2015
Said Resolution is incorporated herein by reference.
Resolution Amending of Resolution 4299 -2014 (OMB Schedule Item No. 28).
RESOLUTION NO. 095 -2015
Said Resolution is incorporated herein by reference.
Resolution Rescinding of Resolution 4300 -2014 (OMB Schedule Item No. 29).
RESOLUTION NO. 096 -2015
Said Resolution is incorporated herein by reference.
Resolution Rescinding of Resolution 4315 -2014 (OMB Schedule Item No. 30).
RESOLUTION NO. 097 -2015
Said Resolution is incorporated herein by reference.
Resolution Rescinding of Resolution 4060 -2015 (OMB Schedule Item No. 31).
RESOLUTION NO. 098 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 099 -2015
Said Resolution is incorporated herein by reference.
Resolution Concerning the Rollover of Unanticipated Funds (OMB Schedule Item No. 33)
RESOLUTION NO. 100 -2015
Said Resolution is incorporated herein by reference.
Item C21 Board granted approval to award Contract for Courier Services for Monroe
County, to Buccaneer Courier for a period of two (2) years commencing on March 16th, 2015
and ending on March 15th, 2017 with an option to renew for two (2) additional two (2) year
periods.
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Item C22 Board granted approval to renew the Contract with Master Mechanical
Services, Inc. on a month to month basis until a Bid Agreement is awarded for the central air
conditioning maintenance and repair for the Upper Keys Facilities.
Item C23 Board granted approval of a Business Lease with Ships Way, Inc. for
Commissioner Neugent's office space on Big Pine Key.
Item C24 Board granted approval to amend and renew (3 year) Lease Agreement with
Tropical Watersports, LLC, a water sports equipment rental concession on Clarence S. Higgs
Memorial Beach adjusting for the CPI-U for the prior 12 months ending December 2014.
Item C25 Board adopted a Resolution authorizing the execution of the Consolidated
Small County Solid Waste Management Grant Agreement with the Florida Department of
Environmental Protection (FDEP) for Fiscal Year 2014/2015.
RESOLUTION NO. 101-2015
Said Resolution is incorporated herein by reference.
Item C27 Board granted approval of Amendment 1 to the Agreement for On Call
Professional Engineering Services with CDM Smith, Inc. updating various personnel which
have changed.
Item C28 Board granted approval of Amendment 1 to the Agreement for On Call
Professional Engineering Services with Keith & Schnars, P.A. updating various personnel
which have changed.
Item C29 Board granted approval of Amendment 1 to the Agreement for On Call
Professional Engineering Services with T.Y. Lin International/H.J. Ross updating various
personnel which have changed.
Item C30 Board granted approval of Amendment 1 to the Agreement for On Call
Professional Engineering Services with EAC Consulting, Inc. updating various personnel
which have changed.
Item C31 Board adopted a Resolution requesting that the Florida Department of
Transportation (FDOT) convey a right of way perpetual easement to Monroe County for the
purpose of constructing a pedestrian bridge over Marvin Adams Cut as part of the US 1
Bayside Shared Use Path Proiect. (MM 103. Kev Larw)
RESOLUTION NO.393 2045 102-2015
Said Resolution is incorporated herein by reference.
Item C32 Board granted approval of Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C33 Board granted approval of a continuing Contract with Amec Foster Wheeler
Environment & Infrastructure, Inc. (AMEC) pursuant to Florida Statute 287.055(2), to
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provide professional services for miscellaneous projects in which construction costs do not
exceed $2,000,000.00 or for study activity if the fee for professional services for each
individual study under the contract does not exceed $200,000.00.
Item C34 Board granted approval to advertise a Request for Qualifications and enter into
negotiations with highest ranking proposers for Structural, Civil, Mechanical, Electrical,
Plumbing Engineering and Surveying Services for design services and studies of less than
Two Hundred Thousand Dollars ($200,000.00) in cost.
Item C35 Board granted approval of Amendment 1, in the amount of $149,987, to the
professional services contract with TY Lin International for the relocation of Atlantic
Boulevard at Higgs Beach Park.
Item C36 Board granted approval to execute a Local Agency Program Agreement (LAP)
with the Florida Department of Transportation (FDOT) for the design of a scenic overlook at
the Rowell's Marina site. This project is funded at 100% by the FDOT through the
Transportation Alternatives Program.
Item C37 Board granted approval for County funded expansion of the Layton wastewater
treatment plant (WWTP) service area to include properties on east and west Long Key.
Item C38 Board granted approval of a lease for that portion of the Atlantic Circle right of
way on which the Moka Cafe in Tavernier encroaches.
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item D1 Board granted approval of an Amendment to Agreement with Monroe Council
of the Arts d /b /a Florida Keys Council of the Arts to exercise option to extend Agreement for
two additional years to allow the Council of the Arts to continue to act as countywide Cultural
Umbrella to make recommendations to the TDC and County concerning funding for tourism
related cultural activities.
MONROE COUNTY HEALTH DEPARTMENT
Item Kl Board granted approval of Amendment 1 to the core contract with Monroe
County Health Department.
COMMISSIONERS' ITEMS — BULK APPROVALS
Item N1 Board granted approval to reappoint John Halas to the Restore Act Local
Committee. His term will expire March 18, 2016.
Item N2 Board granted approval to reappoint Ed Swift III to the RESTORE Act
Advisory Committee Term expiring 03/19/15.
Item N3 Board granted approval to reappoint Capt Bill Kelly to the RESTORE Act
Advisory Committee Term expiring 03/19/15.
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Item N4 Board granted approval to reappoint David Makepeace to the Monroe county
RESTORE Act Committee as the District 4 Representative
COUNTY CLERK
Item 02 Board granted approval of Warrants for the month of December, 2014:
(107341 - 107404 & 584680 - 585576): General Fund (001), in the amount of $12,711,422.00;
Fine & Forfeiture Fund (101), in the amount of $10,034,583.00; Road and Bridge Fund
(102), in the amount of $229,809.48; TDC District Two Penny (115), in the amount of
$370,595.09; TDC Admin. & Promo 2 Cent (116), in the amount of $1,030,129.28; TDC
District 1,3 Cent (117), in the amount of $784,783.88; TDC District 2,3 Cent (118), in the
amount of $84,026.96; TDC District 3,3 Cent (119), in the amount of $121,545.06; TDC
District 4,3 Cent (120), in the amount of $136,163.30; TDC District 5,3 Cent (121), in the
amount of $95,028.66; Gov. Fund Type Grants (125), in the amount of $482,880.38;
Impact Fees Roadways (130), in the amount of $405,909.37; Fire & Amb District 1 L &M
Keys (141), in the amount of $159,631.98; Upper Keys Health Care (144), in the amount of
$2,843.22; Uninc Svc Dist Parks & Rec (147), in the amount of $58,680.34; Plan, Build,
Zoning (148), in the amount of $57,768.69; Municipal Policing (149), in the amount of
$1,587,850.60; 911 Enhancement Fee (150), in the amount of $38,233.13; Duck Key
Security (152), in the amount of $5,861.17; Local Housing Assistance (153), $18,877.50;
Boating Improvement Fund (157), in the amount of $143,218.98; Misc. Special Revenue
Fund (158), in the amount of $13,371.48; Environmental Restoration (160), in the amount
of $87.07; Law Enforement Trust (162), in the amount of $4,500.00; Court Facilities Fees -
602 (163), in the amount of $1,342.71; Drug Abuse Trust (164), in the amount of $
6,242.50; Bay Point Wastewater MSTU (168), in the amount of $222.75; Long Key,
Layton MSTU (175), in the amount of $222.75; Duck Key MSTU (176), in the amount of
$445.50; Building Fund (180), in the amount of $125,746.49; 1 Cent Infra Surtax (304), in
the amount of $65,657.51; INFR Sle Srtx Rev Bds2007 (308), in the amount of $4,666.00;
Cudjoe Regional (312), $17,502,141.50; Series 2014 Revenue Bonds (314), in the amount
of $48,187.55; Card Sound Bridge (401), in the amount of $9,093.44; Marathon Airport
(403), in the amount of $36,110.03; Key West Intl. Airport (404), in the amount of
$511,850.78; PFC & OPER Restrictions (406), in the amount of $999,630.00; MSD Solid
Waste (414), in the amount of $1,941,919.28; Worker's Compensation (501), in the amount
of $9,194.77; Group Insurance Fund (502), in the amount of $1,475,716.22; Risk
Management Fund (503), in the amount of $42,734.43; Fleet Management Fund (504), in
the amount of $49,060.99; Fire & EMS Losap Trust Fund (610), in the amount of
$2,385.00.
Item 03 Board granted approval of Tourist Development Council expenses for
the month of February, 2015.
Item 04 Board granted approval to remove surplus equipment from inventory
and transfer assets from TDC Audit to Clerk of Courts.
Item 05 Board granted approval of FKAA invoices greater than $50,000 (to
include salaries), relating to the Cudjoe Regional Wastewater System Project.
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COUNTY ATTORNEY
Item Q4 Board granted approval of revised Monroe County Purchasing Policy.
Item Q5 Board granted authorization to initiate litigation against GMAC Mortgage,
LLC and /or Eugene and Jeanne Sherwood at the property located at 367 King Ave., Key
Largo, Florida to seek compliance with the County Code and enforce a lien arising for Code
Compliance Case Number CE13060031.
Item Q6 Board granted authorization to initiate litigation against Joan Lopez and the
property located at 1122 Gulfstream Ln., Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE13100181.
Item Q7 Board granted authorization to initiate litigation against Alvaro Morales and
the property located at 1027 Adams in Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE13100165.
Item Q8 Board granted authorization to initiate litigation against Simon L. and Sandra
Jo Sherrill and the property located at 102870 Overseas Highway, Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE13100140.
Item Q9 Board granted authorization to initiate litigation against Richard and Donna
Steele and the property located at 1115 Calder Rd., Key Largo, Florida to seek compliance
with the County Code and enforce a lien arising from Code Compliance Case Number
CE13100169.
Item Q10 Board granted authorization to initiate litigation against George C. Watt, III,
and the property located at 728 Largo Rd., Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE13050119.
Item Q11 Board granted authorization to initiate litigation against WMJ Investment
Group, LLC and the property located at 307 Vaca Rd., Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE13040163.
Item Q12 Board granted authorization to initiate litigation against Victor Godoy and the
property located at 250 Taylor Dr., Key Largo, Florida, to seek compliance with the County
Code and enforce a lien arising from Code Compliance Case Number CE13060086.
Item Q16 Board granted approval of Agreement with Aronberg & Associates Consulting
Engineers, Inc. to serve as engineering consultant related to construction issues on County
Road 905.
A motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to
add Item A2 to the Agenda. Motion passed unanimously.
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Item A2 Sean Morton, representing Florida Keys National Marine Sanctuary addressed
the Board regarding the Draft Environmental Impact Notice that should be available by fall.
PUBLIC WORKS
Item C26 Board discussed the approval of Amendment 1 to the Amended and Restated
Haul -Out, Operations and Maintenance Agreement with Waste Management of Florida, Inc.
(WM) to provide for revisions to implement the County's Yard Waste Processing Program.
The following individuals addressed the Board: Bob Shillinger, County Attorney; Christine
Limb ert-B arrows, Assistant County Attorney and Kevin Wilson, Director of Public
Works /Engineering /Project Management. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Murphy to allow the County
Administrator to sign the Amendment when it is ready. Motion passed unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D2 Board discussed the approval of one "At Large" appointment to the Tourist
Development Council District I Advisory Council. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Rice granting approval of Allen
Eckstein. Motion passed unanimously.
STAFF REPORTS
Item E5 Kevin Wilson, Director of Public Works /Engineering /Project Management
addressed the Board regarding the Report that was previously distributed prior to the meeting.
Mr. Bill Hunter addressed the Board regarding the great job that the County Staff has done
paving the roads.
GROWTH MANAGEMENT
Item G1 Mark Moss, representing Habitat for Humanity addressed the Board
concerning the approval of Amendment No. 2 to the 100 -year Lease Agreement between
Monroe County and Habitat for Humanity of Key West and Lower Keys, Inc. (Habitat), to
retroactively extend a lease for property on Big Coppitt Key Until March 19, 2017, subject to
the conditions that Habitat commence constructions of twelve (12) affordable housing units
by March 1, 2016, and receive certificates of occupancy for the construction of the twelve
(12) affordable housing units by March 19, 2017. After discussion, a motion was made by
Commissioner Murphy and seconded by Commissioner Rice to amend section 4a in the lease
to change the units from reading 12 to 10 -12 affordable units. Motion passed unanimously.
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Item G2 Christine Hurley, Growth Management Director addressed the approval of
Addendum No. 3 to the contract with M.T. Causley, Inc. increasing and clarifying the amount
in Section III. Compensation as "shall not exceed $950,000.00 (Nine Hundred and Fifty
Thousand Dollars) per fiscal year" utilizing salary funding to coincide with the annual County
budget timeframe and revising Exhibit B by adding an hourly rate of $137.50 for Biologists
subcontracted for employment through M.T. Causley, Inc. After discussion, a motion was
made by Commissioner Neugent and seconded by Commissioner Murphy granting approval
of the item. Motion passed unanimously.
WASTEWATER
Item Ml Board discussed the costs charged to properties not providing easements for
grinder pumps or newly developed after completion of the wastewater collection systems. The
following individuals addressed the Board: Kevin Wilson, Public Works /Engineering /Project
Management; Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Tom
Walker, representing Florida Keys Aqueduct Authority and Martin Messier. After discussion,
the Board directed Staff to bring this back to the Board.
GROWTH MANAGEMENT
Item H1 Board discussed the Trust for Public Lands' revised Conservation Finance
Feasibility Study and preliminary review of the results of the land acquisition priorities parcel
analysis. The following individuals addressed the Board: Christine Hurley, Growth
Management Director; Brenda McClymonds, representing Trust for Public Lands; Mike
Roberts, Senior Director of Planning and Environmental Resources; Mark Rosch, Land
Authority; Roman Gastesi, County Administrator; Tina Boan, Director of Budget and
Finance.
Item H2 Christine Hurley, Growth Management Director and Roman Gastesi, County
Administrator addressed the Board regarding the approval of an amendment to the Trust for
Public Lands' contract based on results of the Finance Feasibility Report and the Summary of
preliminary parcel analysis. After discussion, a motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers to approve the amendment for Task 11. Motion
passed unanimously.
PROJECT MANAGEMENT /ENGINEERING
Item L2 Aileen Boucle, representing Florida Department of Transportation addressed
the Board regarding the Florida Transportation Plan (FTP) and Strategic Intermodal System
Policy Plan (SIS).
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STAFF REPORTS
Item E7 Lisa Tennyson, Legislative Affairs and Grants Acquisition Director addressed
the Board regarding Week 3 of Legislative Session. Our land acquisition is in Plan C. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to oppose Legislation regarding the changes to the Value Adjustment Board.
Motion passed unanimously.
GROWTH MANAGEMENT
Item H3 Board discussed the approval of Amendment No.5 to the Agreement between
Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel
Pumpout Service, to: 1) renew the Agreement for an additional two year term commencing
April 1, 2015, 2) establish a rate of $21.10 per pumpout, 3) provide for a not -to- exceed annual
cost to the County of $379,800 based on a quota of 1500 pumpouts per month, and 4) require
an annual audit of the Statement of Revenues and Expenses associated with the contract with
Monroe County. The following individuals addressed the Board: Rich Jones, Senior
Administrator, Marine Resources; Christine Hurley, Growth Management Director; and
Roman Gastesi, County Administrator;. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval of the item.
Motion passed unanimously.
COUNTY ATTORNEY
Item Q1 Bob Shillinger, County Attorney addressed the Board regarding the Draft
Environmental Impact Statement. Dig Deep is intending to sue and for any questions and
concerns by the Board to be directed to Bob.
Item Q2 Bob Shillinger, County Attorney addressed the Board concerning the request to
hold an Attorney- Client Closed Session in the matter of Tropical Bayside Leasing, LLC. v.
Monroe County & State of Florida Department of Transportation, Case No. 15-CA-0001 15-P
at the regularly scheduled BOCC meeting on April 15, 2015 in Key West, FL at 1:30 p.m. or
as soon thereafter as may be heard. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers approving the Attorney- Client Closed
Session. Motion passed unanimously.
Item Q3 Bob Shillinger addressed the Board concerning the approval of a settlement
agreement in code case CE0320083 between Monroe County and Magnolia TC 2 REO, LLC
regarding a property located at 28213 Helen Avenue, Little Torch Key. After discussion, a
motion was made by Mayor Kolhage and seconded by Commissioner Neugent to move
approval of the counter offer of $46, 250. Motion passed unanimously.
A motion was made by Commissioner Rice and seconded by Commissioner Neugent giving
the County Attorney's Office the authority to initiate litigation if the counter offer is rejected.
Motion passed unanimously.
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Item Q14 Kat Windsor, Code Enforcement addressed the Board regarding the request of
the property owner, Alicia C. Geer, for a reduction in the outstanding Code fines imposed in
Code Case Number CE07090260. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Rice to postpone this Item until the May 20, 2015
BOCC Meeting in Key Largo, FL. Motion passed unanimously.
Item Q15 Michael Ed, Property Owner and Kat Windsor, Code Enforcement addressed
the Board regarding the request of the property owners, Michael -John and Cindy Ed, for a
reduction in the outstanding Code fines imposed in Code Case Number CE13100040. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Rice to drop and waive all fines and costs. Motion passed unanimously.
PUBLIC HEARINGS
Item R1 Board discussed a Public Hearing to adopt a Resolution approving a
Development Agreement, pursuant to Chapter 163.3220 F.S., between Monroe County,
Florida; Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Safe Harbor
Seafood (as successor in interest to Joseph R. Rackman and Jeffrey W. Bolotin, as Trustees of
the Island Trust Agreement dated March 10, 1989) agreeing to a conceptual plan to redevelop
property located at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street on Stock
Island. (Statutorily Required Public Hearing) Requesting to continue to April 15, 2015 BOCC
Meeting. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Rice to continue this Item until the April 15, 2015 BOCC Meeting in Key
West, FL. Motion passed unanimously.
RESOLUTION NO. 114 -2015
Said Resolution is incorporated herein by reference.
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Item R2 Board discussed 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. 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
No
Motion Carried.
RESOLUTION NO. 115 -2015
Said Resolution is incorporated herein by reference.
Item R3 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of County Commissioners amending the Monroe County Land Use District
(Zoning) Map from Urban Residential - Mobile Home (URM) to Urban Residential (UR), for
property located at 97801 Overseas Highway, Key Largo, approximate Mile Marker 98,
described as parcels of land located in Sections 5 and 6, Township 62 South, Range 39 East,
Key Largo, Monroe County, Florida, having Real Estate Numbers 00090810.000000,
00090820.000000, 00090840.000000, 00090840.000100, and 00090860.000000, as proposed
by PL Ocean Residence Holdings, LLC. (Quasi - Judicial Proceeding). After discussion, a
motion was made by Commissioner Neugent and seconded by Commissioner Murphy
granting approval of the item. Motion passed unanimously.
Item R4 Board discussed a Public Hearing to consider approval of a Resolution for a
Budget Amendment of Fiscal Year 2015 One Cent Infrastructure Surtax Fund 304. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Rice granting approval of the item. Motion passed unanimously.
RESOLUTION NO. 116 -2015
Said Resolution is incorporated herein by reference.
Item R5 Board discussed a Public Hearing to consider approval of an Ordinance
amending Sec. 2- 110(3) and Sec. 2- 111(c) of the Monroe County Code to update the County's
reimbursement rates for subsistence (meals) and mileage. After discussion, a motion was
made by Commissioner Neugent and seconded by Commissioner Rice granting approval of
the item. Motion passed unanimously.
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Item R6 Bob Shillinger, County Attorney addressed the Board concerning a Public
Hearing for an Ordinance Chapter 25 of the Monroe County Code relating to Non - Consensual
Towing Services. After discussion, a motion was made by Commissioner Neugent and
seconded by Commissioner Rice to continue this Item until the April 15, 2015 BOCC Meeting
in Key West, FL. Motion passed unanimously.
COUNTY ATTORNEY
A motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to
reconsider item Q13. Motion passed unanimously.
Item Q13 George Erio, Property Owner and Kat Windsor, Code Enforcement addressed
the Board regarding the request of the property owner, George W. Erio, for a reduction in the
outstanding Code fines imposed in Code Case Number CE12020027. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to
approve the $10,175 plus the hard costs of $338.40 payable within 60 days and staff to help if
subordination is required a loan. Motion passed unanimously.
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COUNTY ADMINISTRATOR
Item P2 Board discussed the direction regarding the potential acquisition of the "Gulf
Seafood" property on Stock Island in order to preserve commercial fishing. The following
individuals addressed the Board: Lisa Tennyson, Grants Acquisition and Legislative Affairs
Director; Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Bill
Hunter; Deb Curlee, representing Last Stand; Simon Stafford; Daniel Padron; Rafael Ubeda;
Mimi Stafford; Peter Bacle, representing Stock Island Lobster Co.; Collen Quirk, representing
Fish Busterz Fisheries; Bill Kelley, Florida Keys Commercial Fishermans Association. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Rice to go with Staff Recommendation with the provision that the grant form letter contain
language that County will be pursuing both the fee simple option and the less than fee simple
option at this time. 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.
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
F 1
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