04/15/2015 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 15, 2015
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner 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 Rice and seconded by Commissioner
Murphy 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 George Brentnall, Director of Veteran Affairs.
Item B2 Presentation of Years of Service Award for 10 years of service to Monroe
County to Penny Kipp, Sr. Budget Administrator with Office of Management & Budget.
Item B3 Proclamation recognizing April 2015 as Fair Housing & Community
Development Month in Monroe County.
Item B5 Presentation of Mayor's Proclamation observing the week of May 1 lth — 15th,
2015 as Law Enforcement Memorial Week.
Item B6 Presentation of Mayor's Proclamation observing the week of May 17 — 23,
2015 as EMS Week. This year's theme is EMS STRONG.
4/15/2015 Pagel
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent
granting approval of the Bulk Approvals. Motion passed unanimously.
Item C1 Board granted approval of Lease Extension Agreement with Disabled
American Veterans, Chapter 122, for lease of property at the Florida Keys Marathon Airport
for a term of 5 years.
Item C2 Board granted approval of Lease Agreement with Federal Express Corporation
for use of air cargo building and unimproved areas around the building at the Florida Keys
Marathon Airport.
Item C3 Board granted approval of Lease Agreement with Hyatt & Hyatt, Inc.
(Benihana) for use of the public works compound parking lot at Key West International
Airport.
Item C4 Board granted approval of Utility Payment Agreement between Monroe
County BOCC /Social Services and the Utility Board of the City of Key West, Fl. D /B /A Keys
Energy Services for the agreement period of 4/17/15 to 3/31/17.
Item C5 Board granted Ratification of the Federally- funded reoccurring Low Income
Home Energy Assistance Program (LIHEAP), Subgrant Agreement 4 15EA- OF- 11 -54 -01 -019
between the State of Florida, Department of Economic Opportunity and Monroe County
Board of County Commissioners /Monroe County Social Services for the contract period of
4/1/15 to 3/15/16, in the amount of $202,880.
Item C6 Board granted approval to execute a Local Agency Program Agreement (LAP)
with the Florida Department of Transportation (FDOT) for the construction and construction
engineering and inspection (CEI) services; for the Pedestrian Bridge Over Marvin Adams
Waterway. This project is funded at 100% by the FDOT through the Transportation
Alternatives Program.
Item C7 Board granted approval of Amendment 7 to the contract with Metric
Engineering, Inc. for the Engineering Design and Permitting Services for the US1 Bayside
Shared Use Path/Pedestrian Bridge Project to extend the expiration date of the contract to
September 30, 2016.
Item C8 Board granted approval of Amendment and Consent to Assignment with Tetra
Tech, Inc. for Hurricane Debris Monitoring and Disaster Related Services.
Item C9 Board granted approval to negotiate a Contract with Reynolds, Smith and Hill,
Inc. (RS &H) the highest ranked respondent, for construction engineering and inspection (CEI)
services for the Monroe County Roadway and Drainage Improvement Program. If successful
negotiations cannot be reached, approval to negotiate a contract with the next highest ranked
respondent until successful negotiations are reached.
4/15/2015 Page 2
Item C10 Board granted approval of Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C12 Board granted approval of a Contract with Burke Construction Group, Inc. for
the Senior Nutrition Center Renovations in Key West, in the amount of $528,714.00. This
project is funded through the one -cent infrastructure tax.
Item C13 Board granted approval to advertise a Request for Proposals (RFP), to replace
the existing chiller unit at the Medical Examiner's facility.
Item C15 Board granted approval of Supplemental 43 to the Joint Participation
Agreement (JPA) AQN -53 with the Florida Department of Transportation (FDOT) for the
county's transportation planning program.
Item C16 Board granted approval to enter into a Contract with Littlejohn Engineering
Associates, Inc. for the design and permitting of the Big Pine Swimming Hole Project. The
design is funded at 100% by the FDOT through the Transportation Alternatives Program.
Item C17 Board granted approval of General and Professional Liability Insurance policy
with Colony Insurance Company for Bayshore Manor and for the Risk Administrator to sign
all necessary forms.
Item C18 Board granted approval of one year Contract renewal with Employers Mutual,
Inc. to provide Third Party Claims Administration for the Monroe County Workers'
Compensation program.
Item C19 Board granted approval to accept proposal from Marsh USA for Property
Insurance package through Lexington Insurance Company and Landmark American Insurance
Company.
Item C20 Board granted acceptance of the Monroe County Length of Service Award
Program ( LOSAP) actuarial valuation report for the Plan Year 2014 and transfer of funds for
Plan Year 2014 into the LOSAP Trust Fund.
Item C22 Board granted approval to renew the existing Emergency Generator
Maintenance Contract with All Power Generators, Corp. for one (1) additional year.
Item C23 Board granted approval of Renewal and Fourth Addendum to Agreement with
Safe Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal
Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70.
Item C24 Board granted approval to execute Amendment 5 with Government Services
Group, Inc. for additional services required to support preparation of the County's CAFR, and
to develop and implement the non -ad valorem special assessment program for the Long Key
and Stock Island phase IL Funding of these increases ($17,275 this year and $2,000 /year in
future years), comes from the assessment revenues.
4/15/2015 Page 3
Item C25 Board granted approval of GSA Lease Amendment at Key West International
Airport.
Item C26 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. 103 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 104 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 105 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 106 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 107 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 108 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 109 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 110 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 111 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 112 -2015
Said Resolution is incorporated herein by reference.
4/15/2015 Page 4
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 113 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 114 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 115 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 116 -2015
Said Resolution is incorporated herein by reference.
Item C27 Board granted approval to advertise a Public Hearing for a Budget Amendment
for the Impact Fees - Roadways, Fund 130.
Item C31 Board granted approval to issue a bid solicitation for Sewer Lateral
connections at Florida Keys Marathon International Airport.
Item C32 Board granted approval to issue a bid solicitation for New Storage Hangars at
Florida Keys Marathon International Airport.
Item C34 Board granted approval of a Supplemental Local Agency Program (LAP)
agreement with the Florida Department of Transportation (FDOT) in the amount of
$86,447.71 to increase grant funds allocated to engineering design and permitting services
from $100,000 to $186,447.71 for repairs to Monroe County bridge 4904480, the ramp from
the Old Seven Mile Bridge to Pigeon Key Island.
Item C35 Board granted approval of Contract with Metric Engineering, Inc., for
engineering design, permitting and post design services for the Pigeon Key Ramp Repair
project in the total not to exceed amount of $205,959.71. The project is 100% funded through
a Local Agency Program (LAP) Agreement with the Florida Department of Transportation
(FDOT).
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item D1 Board granted approval of an Amendment to Agreement with Axis Travel
Marketing, Ltd. (to provide European Travel Services in the United Kingdom; Ireland;
Scandinavia; Italy; France; Germany; Austria; Switzerland; Benelux and Holland which
promote tourism) to exercise option to extend Agreement for two additional years to
September 30, 2017 with an increase in compensation.
4/15/2015 Page 5
Item D3 Board granted approval of an Amendment to Agreement with Pigeon Key
Foundation, Inc. to extend termination date for the Pigeon Key Gang Quarters Bathroom
Repairs project to March 31, 2016.
Item D4 Board granted approval of an Agreement with Key West Art and Historical
Society, Inc. covering the Custom House Museum Roof Repairs project in an amount not to
exceed $170,990, DAC I FY 2015 Capital Resources.
Item D5 Board granted approval of an Agreement with Florida Keys Community
College and the Letters "FKCC" covering the Tennessee Williams Theatre Lobby Expansion
and Enhancement project in an amount not to exceed $350,000, DAC I, FY 2015 Capital
Resources.
Item D7 Board granted approval of an Agreement with Key West Botanical Garden
Society, Inc. covering the Botanical Garden Signage, Playground and Demonstration Garden
project in an amount not to exceed $18,250, DAC I, FY 2015 Capital Resources.
Item D8 Board granted approval of an Agreement with The Studios of Key West, Inc.
covering the Studios of Key West, Beacon of the Arts — Phase III project in an amount not to
exceed $150,000, DAC I, FY 2015 Capital Resources.
DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS
Item Hl Board granted approval of a refund to Monroe County Fire Equipment for
overage paid on a permit issued 2/20/15, for the amount of $171.00.
Item H2 Board granted approval of a refund to Keys Roofing, Inc. for an error in
issuing a permit on 1/14/2015, for the amount of $55.78.
Item H3 Board granted approval of a refund to Robert T. Zollo for overage paid on a
permit issued on 2/10/15, for the amount of $155.00.
Item H4 Board granted approval of a refund to Coastal Docks, LLC. For an error in
issuing a permit on 9/30/14, for the amount of $180.00.
Item H5 Board granted approval of a refund to Integrity Builders, LLC. for overage
paid on a permit issued on 10/15/14, for the amount of $15.66.
Item H6 Board granted approval of a refund to Sky Limit Construction, LLC. for
overage paid on a permit issued on 11/13/14, for the amount of $310.76.
Item H7 Board granted approval to re- appoint Mr. Charles E. Miller (Charlie),
CGCO23830, to one additional three -year term to the Contractors' Examining Board (CEB)
beginning April 15, 2015 and ending April 15, 2018 as the second alternate voting member.
4/15/2015 Page 6
Item H8 Board adopted a Resolution authorizing Code Compliance Inspector, Francie
Boellard to issue citations for disposition in County Court.
RESOLUTION NO. 117 -2015
Said Resolution is incorporated herein by reference.
Item H9 Board granted approval of the County Administrator and Growth Management
Division Director's appointment of Cynthia McPherson to the position of Senior Director,
Code Compliance Department, under direction of the Growth Management Division.
MONROE COUNTY SHERIFF DEPARTMENT
Item I1 Board granted approval of request for expenditure from the Law Enforcement
Trust Fund.
$25,000.00 Take Stock in Children: To support "scholarships, mentors, projects and events"
and to provide state - matching scholarships for low- income families and support the leadership
camp experience at the Sheriff's Youth Ranch.
COUNTY CLERK
Item L2 Board granted approval of the Revised Minutes for November 18th, 2014
Minutes, December 10th, 2014 Minutes, January 21st, 2015 Minutes and March 9th, 2015
Minutes.
4/15/2015 Page 7
Item L3 Board granted approval of Warrants for the month of March, 2015: (107341-
107404 & 584680 - 585576): General Fund (001), in the amount of $3,033,177.99; Fine &
Forfeiture Fund (101), in the amount of $3,444,541.97; Road and Bridge Fund (102), in
the amount of $67,329.00; TDC District Two Penny (115), in the amount of $596,047.56;
TDC Admin. & Promo 2 Cent (116), in the amount of $773,021.61; TDC District 1,3 Cent
(117), in the amount of $571,465.18; TDC District 2,3 Cent (118), in the amount of
$62,696.04; TDC District 3,3 Cent (119), in the amount of $147,450.30; TDC District 4,3
Cent (120), in the amount of $133,303.66; TDC District 5,3 Cent (121), in the amount of
$206,025.02; Gov. Fund Type Grants (125), in the amount of $908,238.70; Impact Fees
Roadways (130), in the amount of $70,132.28; Fire & Amb District 1 L &M Keys (141), in
the amount of $88,014.54; Upper Keys Health Care (144), in the amount of $221.21; Uninc
Svc Dist Parks & Rec (147), in the amount of $68,888.84; Plan, Build, Zoning (148), in the
amount of $92,670.09; Municipal Policing (149), in the amount of $530,899.33; 911
Enhancement Fee (150), in the amount of $74,683.94; Duck Key Security (152), in the
amount of $4,905.70; Boating Improvement Fund (157), in the amount of $48,155.54;
Misc. Special Revenue Fund (158), in the amount of $41,538.19; Environmental
Restoration (160), in the amount of $12,102.07; Court Facilities Fees -602 (163), in the
amount of $20,331.49; Drug Abuse Trust (164), in the amount of $ 5,686.25; Bay Point
Wastewater MSTU (168), in the amount of $523.28; Big Coppitt Wastewater MSTU
(169), in the amount of $302.18; Stock Island Wastewater (171), in the amount of
$12,897.09; Cudjoe- Sugarloaf MSTU (172), in the amount of $469.94; Duck Key MSTU
(176), in the amount of $302.18; Building Fund (180), in the amount of $100,766.94; 1 Cent
Infra Surtax (304), in the amount of $834,738.22; INFR Sle Srtx Rev Bds2007 (308), in the
amount of $15,444.00; Big Coppitt Wastewater PR (310), in the amount of $4,494.40; Duck
Key Wastewater (311), in the amount of $1,087.74; Cudjoe Regional (312), $6,978.07;
Series 2014 Revenue Bonds (314), in the amount of $135.84; Card Sound Bridge (401), in
the amount of $4,384.49; Marathon Airport (403), in the amount of $417,962.30; Key West
Intl. Airport (404), in the amount of $726,539.60; PFC & OPER Restrictions (406), in the
amount of $1,046,095.00; MSD Solid Waste (414), in the amount of $1,387,811.69;
Worker's Compensation (501), in the amount of $104,606.01; Group Insurance Fund
(502), in the amount of $155,562.86; Risk Management Fund (503), in the amount of
$233,968.52; Fleet Management Fund (504), in the amount of $96,564.68; Fire & EMS
Losap Trust Fund (610), in the amount of $7,142.50.
Item L4 Board granted approval of Tourist Development Council expenses for the
month of March, 2015.
Item L5 Board granted approval to remove surplus equipment from inventory and
transfer assets from TDC Audit to Clerk of Courts.
Item L6 Board granted approval of FKAA invoices greater than $50,000 (to include
salaries), relating to the Cudjoe Regional Wastewater System Project.
4/15/2015 Page 8
COUNTY ADMINISTRATOR
Item M3 Board granted approval to ratify an Agreement signed by the Deputy County
Administrator with Casa Operating Lessee Inc., for conference hosting and implementation
services for the 7th Annual Southeast Florida Regional Climate Change Summit to be held in
Key West on December 2 -3, 2015. The Summit is being hosted by Monroe County on behalf
of the Southeast Florida Regional Climate Change Compact, a four - county partnership created
for the purpose of collaborative planning and implementation of adaptation and mitigation
strategies related to climate change.
Item M4 Board granted approval for the running of the 34 Annual 7 -mile Bridge Run
for Saturday, April 5, 2015 from 6:45 A.M. to 9:00 A.M.
COUNTY ATTORNEY
Item N2 Board granted approval of Professional Services Agreement with the law firm
of Barnett, Bolt, Kirkwood, Long & Koche, P.A. for advice and representation of the County
in connection with employment tax issues.
Item N4 Board granted authorization to initiate litigation against Robert Sax and the
property located at 688 Dolphin Ave., Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE13040144.
Item N6 Board granted Ratification of collective bargaining agreement with IAFF Local
3909 Unit One and Unit Two covering the time period October 1, 2014 through September
30, 2017, and authorization for County Administrator to execute the agreements.
Item N7 Board granted authorization to initiate litigation against Mia Rubinstein and
her property located at 3746 Park Avenue, Big Pine Key, to seek compliance with the County
Code and enforce a lien arising from Code Compliance Case Number CE13070170.
Item N10 Board granted approval of Second Amendment to contract with Erin L. Deady,
P.A. for outside legal counsel for issues related to the RESTORE Act and technical assistance
with the development of the County's Multi -Year Implementation Plan and RESTORE Act
local pot - funded grant applications.
PUBLIC WORKS
Item C14 Bob Shillinger, County Attorney and Kevin Wilson, Public
Works /Engineering /Project Management Director addressed the Board regarding the
Authorization for the Division Director of Public Works & Engineering to cancel the lease
agreement for Watson Field. After discussion, a motion was made by Commissioner Neugent
and seconded by Commissioner Murphy granting approval of the item. Motion passed
unanimously.
4/15/2015 Page 9
COUNTY ADMINISTRATOR
Item C21 Rhonda Haag, Sustainability Manager and Roman Gastesi, County
Adminstrator addressed the Board regarding the approval to direct County staff to incorporate
considerations for energy efficiency, sea level rise and climate change into County capital
projects and other activities proposed for Fiscal Year 2015/2016 during the budget process, as
requested in the Monroe County Climate Change Advisory Committee Resolution. After
discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Carruthers granting approval of the item. Motion passed unanimously.
Item C29 Board discussed the Authorization for the Mayor to execute a Memorandum of
Understanding with Guidance /Care Center for the project entitled Men's Jail Housed Drug
Abuse Treatment Program, for the period from October 1, 2014 through September 30, 2015.
See motion under Item C30.
Item C30 Board discussed the approval of Ratification of the Certificate of Acceptance
of Sub -grant Award for the Guidance /Care Center: Men's Jail Housed Drug Abuse Treatment
Program, using funds provided under the FDLE Residential Substance Abuse Treatment
Grant program, for the period from October 1, 2014 through September 30, 2015. Motion was
made by Commissioner Neugent and seconded by Commissioner Murphy granting approval
of both C29 and C30. 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 C33 Don DeGraw, Airports Director addressed the Board regarding the approval to
issue a bid solicitation for Phase II of the Key West International Airport's Customs Facility
renovation. After discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Murphy granting approval of the item. Motion passed unanimously.
TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS
Item D2 Board discussed the approval of a resolution to transfer District V, FY 2015
Event Resources into District V, FY 2015 Advertising Campaign/Resources in an amount of
$10,000. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent granting approval of the item. Motion passed unanimously.
RESOLUTION NO. 119 -2015
Said Resolution is incorporated herein by reference.
4/15/2015 Page 10
Item D6 Board discussed the approval of an Agreement with Historic Florida Keys
Foundation, Inc. covering the Oldest House Electrical and Roof Repair project in an amount
not to exceed $16,913, DAC I, FY 2015 Capital Resources. 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
Abstain
Mayor Kolhage
Yes
Motion Carried.
COUNTY ATTORNEY
Item N3 David Martinez, Property Owner and Kathleen Windsor, Code addressed the
Board concerning the equest of the property owners, David J. Martinez, Jr. and Liliana
Martinez, for a reduction in the outstanding code fines imposed in Code Case No.
CE13100191 as a result of a failure to connect to the Central Sewer System. After discussion,
a motion was made by Commissioner Murphy and seconded by Commissioner Rice to reduce
the fines and costs to the amount of $1,009.44 and payable within 30 days to. Motion passed
unanimously.
WASTEWATER
Item G1 Board discussed the approval of Amendment 9 to the Cudjoe regional ILA
with FKAA to add $7.1 million of additional funding for construction of a deep injection well.
Funding will come from a combination of Mayfield wastewater grants and infrastructure sales
taxes. After discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Carruthers granting approval of the item. Motion passed unanimously.
STAFF REPORTS
Item E5 Kevin Wilson, Public Works /Engineering /Project Management Director
addressed the Board regarding the Monthly Financial Summary on Cudjoe. He also provided
an update on all of the Sewer Projects. Commissioner Neugent brought up the issue with the
E3 Contract and the CPI Increase.
Item E6 Christine Hurley, Growth Management Director addressed the Board regarding
the regarding the Affordable Housing Workshop. The FSU Consensus Center will have a
DRAFT Report in a week. Ms. Hurley also discussed the Comprehensive Plan updates.
4/15/2015 Page 11
COUNTY ADMINISTRATOR
Item M2 Board discussed the approval to enter into a Contract with the lowest
responsive and responsive proposer JND Thomas Company, Inc. for removing organic muck
material from Canal 4266 located between Baileys Lane and Witters Lane in Doctor's Arm
Big Pine Key, and Canal 4290 located between Avenues I and Avenue J in Big Pine Key,
utilizing vacuum dredging. The following individuals addressed the Board: Rhonda Haag,
Sustainability Manager; Wendy Blondin and Lisa Tennyson, Grants Acquisitions and
Legislative Affairs Director. After discussion, a motion was made by Commissioner Rice and
seconded by Commissioner Murphy to approve both canals with the proviso that no
contaminated soil be disposed of at Marathon Golf Club (Option A) and that contaminated
soil be disposed of at the least expensive landfill that will accept it. 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.
GROWTH MANAGEMENT
Item H10 Board discussed the approval to advertise a Public Hearing to consider an
amendment to Section 6 -3 of the Monroe County Code (MCC) relating to the allowance of
temporary setback variances for temporary construction staging areas with a special permit
granted by the Board of County Commissioners. After discussion, a motion was made by
Commissioner Neugent and seconded by Commissioner Murphy granting approval of the
item. Motion passed unanimously.
STAFF REPORTS
Item E7 Lisa Tennyson, Grants Acquisition and Legislative Affairs Director addressed
the Board regarding Gulf Seafood Project and which type of acquisition would the Board like
to utilize. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy to pursue out right fee simple acquisition for the Gulf Seafood
Company. Motion passed unanimously.
4/15/2015 Page 12
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Item H11 Christine Hurley addressed the Board regarding the Discussion of Federal
Emergency Management Agency (FEMA) Community Assistance Visits (CAVs).
COMMISSIONERS' ITEMS — BULK APPROVALS
Item Kl Deb Curlee, representing Got Your Bags? Addressed the Board regarding
adopting a Resolution supporting the initiatives by local municipalities in Florida to lessen the
negative impact of single -use plastic bags on our environment. After discussion, a motion was
made by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the
Resolution and the addition to expand legislation to include counties and other local
government municipalities. Motion passed unanimously.
RESOLUTION NO. 102a -2015
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item M5 Nat Cassel, Assistant County Attorney addressed the Board regarding the
approval to enter into an Agreement with Larry W. and Pamela Aravena LeJuene for a
temporary grant of easement and right of entry for use of their property located at 30990
Bailey's Lane, Big Pine Key, Parcel Identification Number 00310730- 000000., during
construction of the canal organic removal water quality improvement demonstration project at
Canal 4266, Doctor's Arm Subdivision, Big Pine Key. Items M5 and M6 were heard together
and the motion is below.
Item M6 Nat Cassel, Assistant County Attorney addressed the Board regarding the
approval to enter into an Agreement with Jerry Shearin for a temporary grant of easement and
right of entry for use of his property located at Lot 48 on Witters Lane, Big Pine Key, Parcel
Identification Number 00310490- 000000 during construction of the canal organic removal
water quality improvement demonstration project at Canal 4266, Doctor's Arm Subdivision,
Big Pine Key. After discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Rice granting approval of items M5 and M6. Motion passed
unanimously.
STAFF REPORTS
Item E8 Bob Ward, Information Technology Director addressed the Board concering a
new application that shows the County's annual budget.
4/15/2015 Page 13
COUNTY ATTORNEY
Item N1 Bob Shillinger, County Attorney addressed the Board concerning the
Islamorada Affordable Housing Committee that is meeting on April 20 2015 at 12p.m. at the
Village Chambers. Mr. Shillinger also addressed the Board regarding a Closed Session that he
needs to have at the May 20, 2015 BOCC Meeting in Key Largo at 1:30p.m. regarding the
matter of Hill v. Monroe County. After discussion, a motion was made by Commissioner
Carruthers and seconded by Commissioner Murphy granting approval of the Closed Session.
Item N5 Kathleen Windsor addressed the Board regarding the Authorization to initiate
litigation against Miami Kiwanis Youth Foundation, Inc. and vacant property identified by
real estate number 005507071- 000000 in the public records of Monroe County for injunction,
foreclosure, money judgment and writ of execution; authorization for the County to proceed
with abatement of overgrown canal vegetation creating a navigational hazard per Resolution
No. 377 -2014; and to impose repair costs as a lien. A motion was made by Commissioner
Murphy and seconded by Commissioner Rice to approve the item. Motion passed
unanimously.
Item N8 Patricia Lloyd and Steve Williams, Assistant County Attorney addressed the
Board concerning the Property Owner's, Patricia Lloyd, request for reduction in the
outstanding Code Fines imposed in code cases L4- 96 -99, CE09080166, 47 Riviera Drive, Big
Coppitt Key. After discussion, a motion was made by Mayor Kolhage and seconded by
Commissioner Rice to accept the recommendation of Staff as outlined on the agenda item
summary (accept the reduced amount of $211,055.66 {$208,380.00 fines and $1,675.60
costs} for 60 days and provide a Full Satisfaction and Release of Lien upon payment after 60
days amount will revert to the full amount). Motion passed unanimously.
Item N9 Bob Shillinger, County Attorney and Sloan Bashinsky addressed the Board
regarding the discussion and direction of the use of the County Facilities by political parties.
The Board decided to leave the current policy in place as it reflects the current law.
4/15/2015 Page 14
PUBLIC HEARINGS
Item O1 Board discussed a Public Hearing to consider an Ordinance by the Monroe
County Board of County Commissioners to defer the approval of applications for the transfer
of development rights to offshore islands, transfer of ROGO exemptions to offshore islands,
tier amendments for offshore islands; map amendments for offshore islands to increase
potential density or intensity and text amendments for offshore islands to increase
development potential (density /intensity), commencing January 21, 2015, until such time as a
comprehensive plan amendment process is completed regarding offshore islands and
providing for expiration within 365 days of the effective date of this interim development
ordinance or when the comprehensive plan amendments become effective, whichever comes
first. The following individuals addressed the Board: Mayte Santamaria, Planning Director;
Sloan Bashinsky; Bart Smith, representing FEB Corp.; Christine Russell; and Naja Girard,
representing Last Stand. After discussion, a motion was made by Commissioner Murphy and
seconded by Commissioner Carruthers to approve the item. Motion passed unanimously.
ORDINANCE NO. 011 -2015
Said Ordinance is incorporated herein by reference.
Item 02 Mayte Santamaria, Planning Director addressed the Board regarding a Public
Hearing to consider a Resolution by the BOCC to amend Resolution 4 183 -2013, the
Planning & Environmental Resources Fee Schedule to:
• Establish a fee for temporary construction staging areas; and
• Establish a separate fee for a Lettre of Understanding specific to cell tower proposals;
and
• Correct the fee Land Use District Map Amendment application and combine to one
application; and
• Establish a Vacation Rental Exemption application and fee to implement Section 134 -
1(b); and
• Repeal any other fee schedules inconsistent herewith.
After discussion, a motion was made by Commissioner Rice and seconded by Commissioner
Murphy granting approval of the item. Motion passed unanimously.
RESOLUTION NO. 118 -2015
Said Resolution is incorporated herein by reference.
4/15/2015 Page 15
Item 03 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 to expand the boundaries of the Rockland Key Commercial Retail Center
Overlay District, as described in Section 130 -131 of the Monroe County Code, for one
additional property described as a parcel of land in a part of Government Lots 6 and 7, Section
21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, having Real
Estate Number 00122080- 000302. (Quasi - Judicial Proceeding). The following individuals
addressed the Board: Mayte Santamaria, Planning Director; Sloan Bashinsky; and Michelle
Newmann. After discussion, a motion was made Commissioner Murphy and seconded by
Commissioner Rice granting approval of the item. Motion passed unanimously.
ORDINANCE NO. 012 -2015
Said Ordinance is incorporated herein by reference.
Item 04 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). The following individuals addressed the Board:
Mayte Santamaria, Planning Director; Bart Smith, representing the applicant; Josh Nicklaus;
Jesus Diaz; Ruben Ravelo; Daniel Padron; Santiago Arencibia; Ricardo Diaz; Peter Batty;
Simon Stafford; and Mimi Stafford. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Rice to go with Staff Recommendation to continue
until June. Motion passed unanimously.
After further discussion, a motion was made by Mayor Kolhage and seconded by
Commissioner Rice to revisit the language in the Comprehensive Plan. Motion passed
unanimously.
Item 05 Board discussed a Public Hearing for an Ordinance Chapter 25 of the Monroe
County Code relating to Non - Consensual Towing Services. The following individuals
addressed the Board: Pedro Mercado, Assistant County Attorney; Bob Shillinger, County
Attorney; Doris Arnold, representing Arnold's Towing; Billy Pruitt, Jr., representing Florida
Keys Towing and Billy Pruitt, Sr., representing Florida Keys Towing. After discussion, a
motion was made by Commissioner Neugent and seconded by Commissioner Rice to continue
this item until the May 20, 2015 BOCC Meeting in Key Largo, FL. Motion passed
unanimously.
4/15/2015 Page 16
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
-
4/15/2015 Page 17