06/10/2015 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Regular Meeting
Board of County Commissioners
Wednesday, June 10, 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
Carruthers, Commissioner Murphy, Commissioner Neugent, Commissioner Rice and Mayor
Danny L. Kolhage. Also present at the meeting were Roman Gastesi, County Administrator,
Bob Shillinger, County Attorney, Amy Heavilin, County Clerk, Sheriff Rick Ramsay, county
staff, and members of the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Rice and seconded by Commissioner
Neugent granting approval of the additions, corrections and deletions to the
agenda. Motion carried unanimously. A copy of the approved changes are
attached at the end of these minutes for reference.
PRESENTATION OF AWARDS
Item B 1 Mayor's Proclamation of the Community Health Improvement Plan Publication
for Monroe County called "CHIP" which serves as a free reference guide for
Monroe County Residents and visitors on the health status of Monroe County
micro - communities, for which there are 19 micro - communities from Key West to
Key Largo. Gail Glover received the award on behalf of the Health Department
and addressed the audience.
BULK APPROVALS
Motion was made by Mayor Kolhage and seconded by Commissioner Carruthers granting
approval of the bulk approvals. Motion passed unanimously.
Item C 1 Board granted approval of a consulting contract with THC, Inc. to provide
engineering, consulting and other professional services for the next phase of the
Noise Insulation Program at Key West International Airport.
Item C2 Board granted approval of Lease and Concession Agreement with Avis Rent A
Car System, LLC to operate an automobile rental concession at the Florida Keys
Marathon International Airport.
Item C3 Board granted approval of a Lease and Concession Agreement with Budget Rent
A Car System, Inc. to operate an automobile rental concession at the Florida Keys
Marathon International Airport.
Page 1 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
NNE 10, 2015
Item C4 Board granted approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. The resolution numbers
below are incorporated herein by reference.
• Resolution #143 -2015 Transfer of Funds for Fund 314
• Resolution #144 -2015 Transfer of Funds for Fund 001
• Resolution #145 -2015 Receipt of Unanticipated Funds for Fund 158
• Resolution #146 -2015 Transfer of Funds for Fund 130
• Resolution #147 -2015 Receipt of Unanticipated funds for Fund 125
• Resolution #148 -2015 Receipt of Unanticipated funds for Fund 125
Item C5 Board granted approval of an exception to Section 4.07(B)(1) and 2.03 B (6) to
the Personnel Policies and Procedures Manual extending the maximum time
period for trainees from six (6) months to one (1) year, in order to allow Monroe
County Fire Rescue to hire up to six (6) Firefighter Trainees enrolled in the
Monroe County Firefighter Academy for a period of up to one (1) year, in order
for the Trainee to obtain the minimally required qualifications for the position of
Firefighter EMT / Firefighter Paramedic. Upon the Trainee obtaining the
minimum qualifications for the position, he /she will be considered to be hired into
the vacant budgeted position as a regular FTE employee (firefighter, FF/EMT or
FF /paramedic, depending on his or her qualifications).
Item C6 Board granted approval of contract with Richard L. Dolsey, PHC, Inc. dba
Physician's Health Center, Inc. to provide employment physical services.
Item C7 Board granted approval of a Resolution authorizing agents of Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida
Statutes, and to issue citations for violations of the Monroe County Code
including requiring appearance for disposition in County Court.
RESOLUTION #149 -2015 IS INCORPORATED HEREIN BY
REFERENCE.
Item C8 Board granted approval for Solid Waste Management staff to reduce tipping fees
for disposal of illegal fishing gear that remains in the water illegally during closed
season.
Item C9 Board granted approval to exercise the second option to renew the contract with
UniFirst Corporation for the Division of Public Works uniform services, Monroe
County.
Item CIO Board granted approval to amend and exercise the second renewal contract with
Maverick United Elevator LLC for complete elevator service maintenance for
Monroe County.
Page 2 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item C1 I Board granted approval for Monroe County Board of County Commissioners to
award bid and enter into contract with S.B. Painting and Grounds Maintenance,
Inc. for the project "Paint -Stock Island Jail ".
Item C 12 Board granted approval for ratification of Amendment #004 to the Alzheimer's
Disease Initiative Program (ADI) Contract #KZ1497 between the Alliance for
Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social
Services /In Home Services) for the contract period of 7/1/14 to 6/30/15 to add
facility -based respite services into the original contract, transfer funds within the
contract, and correct unit rates.
Item C13 Board granted approval to execute a Contract with Paradise Divers, Inc. for the
Temporary Ferry Service between the City of Marathon and Pigeon Key.
Item C14 Board granted approval of Local Agency Program (LAP) Agreement with Florida
Department of Transportation (FDOT) to provide funding for Engineering Design
and Permitting Services for the Garrison Bight Bridge Repair Project.
Item C15 Board granted approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office.
Item C17 Board granted approval of a task order with T.Y. Lin International/H.J. Ross for
the Jackson Square Chiller & Communication Tower Relocation. The conceptual
design is funded in the one -cent infrastructure tax.
Item C19 Board granted approval to negotiate a contract with Synalovski Romanik Saye,
LLC (SRS), for the design through construction administration of a new library in
the City of Marathon. This will be funded by the one -cent infrastructure tax.
Item C20 Board granted approval to advertise a Request for Proposals (RFP) to replenish
sand on Higgs Beach above the mean high water line.
Item C21 Board granted approval to advertise a Request for Qualifications for a consultant
to design the Rowell's Marina site.
Page 3 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item C22 PUBLIC WORKS — Board granted approval of a resolution to waive M.C.C.
section 18 -25 (b)(1), which prohibits possession of alcoholic beverages on County
property, for the County property known as Rowell's Marina, on July 4, 2015
from 6:00 pm until 10:30 pm for the Key Largo Volunteer Fire Department and
Key Largo Volunteer Ambulance Department (KLVFD/KLVAD) Annual
Community Independence Day Celebration, contingent upon (KLVFD /KLVAD)
obtaining required certificate of liability insurance, and Public Assembly and
alcohol sales and consumption permits prior to the event.
RESOLUTION #156 -2015 IS INCORPORATED HEREIN BY
REFERENCE.
Item Dl Board granted approval of a resolution to transfer District III, Administrative
Resources into District III, County Allocation in an amount of $238.00.
RESOLUTION #150 -2015 IS INCORPORATED HEREIN BY
REFERENCE.
Item H1 Board granted approval of refund to Houston Air for fees paid on a permit issued
on 4/10/15 in the amount of $50.00.
Item H2 Board granted approval of a refund to Skyline Lien Search, Inc. for fees paid on a
permit issued on 3/31/2015 in the amount of $50.00.
Item H3 Board granted approval of refund to Christian Cevallos for fees paid on a permit
issued on 4/8/15, in the amount of $50.00.
Item H4 Board granted approval of refund to Wire Nuts Electric of South Fla. For fees
paid on a permit issued on 11/26/14, in the amount of $101.00.
Item H6 Board granted approval of refund to Ocean Reef Club for a miscalculation of
impact fees paid on a permit issued on 7/29/14 in the amount of $9,947.58.
Item H8 Board granted approval of Work Order #14 in the amount of $50,000 under the
URS Transportation Planning Continuing Services contract.
Item L2 Board granted approval of April 8th, 2015 Special Meeting Minutes and May
20th, 2015 Regular Meeting Minutes.
Item L3 Board granted approval of Warrants (including payroll) for the month of May,
2015.
• A/P and Grant Warrants # 710251 - 711322
• Payroll Warrants # 79341 -79556
• Payroll Vouchers # 3053401- 3054880
• W /Comp Warrants # 18275 -18402
Page 4 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
001 - General Fund
101 - Fine & Forfeiture
102 - Road/Bridges
115 - TDC
116 - TDC
117 - TDC
118 - TDC
119 - TDC
120 - TDC
121 - TDC
125 - Grant Fund
130 - Impact Fees/Roadways
141 - Fire /Ambulance
144 - Upper Keys Health Care
147 - Unincorporated Service
148 - Planning Building
149 - Municpal Policing
150 - E911 Enhancement Fund
152 - Duck Key Security
153 - Local Housing Assistance
157 - Boating Improvement Fund
158 - Miscellaneous Special Revenue
Fund
160 - Environmental Restoration
162 -law Enforcement Trsut -600
163 - Court Facilities
p
2,247,175.39
244,667.37
130,480.78
435,313.26
530,635.83
577,505.00
76,338.14
371,081.41
187,911.05
140,402.99
735,463.59
595,372.45
852.92
86,432.22
411,533.71
39,804.85
5,052.66
16,336.23
70,648.52
75,544.73
9,031.93
25,000.00
9,071.41
age 5of19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
164 - Drug Facilities Fees 3,201.25
168 - Bay Point Wastewater MSTU
219.16
169 - Big Coppitt Wastewater
42.72
170 -Key Largo Wasterwater
185.59
171 - Stock Island Wastewater
1,173.69
172 - Cudjoe - Sugarloaf MSTU
-
175-
692.46
176 - Duck Key MSTU
-
180 - Building Funds
149,877.35
207 - 2003 Revenue Bonds
-
304 - 1 Cent Infrastructure
887,138.21
308 - Infrastructure Sales Tax Reveue
Bond
-
310 - Big Coppitt Wastewater
311 - Duck Key Wastewater
312 - Cudjoe Regional WW Project
314 - Series 2014 Revenue Bonds
401 - Card Sound Bridge
403 - Marathon Airport
404 - Key West Intl Airport
406 - PFC & Operating Restrictions
414 MSD Solid Waste
501 - Worker's Compensation
502 - Group Insurance Fund
503 - Risk Management Fund
504 - Fleet Management Fund
F
139.68
739.91
5,678.98
1,862.57
45,481.36
125,060.02
543,620.44
439,930.00
1,367,966.12
224,761.55
1,862,415.38
1,112,854.70
138,034.51
'age 6 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
610 - Fire /EMS LOSAP Trust Fund 2,205.00
TOTAL SPENT IN MAY, 2015 13,933,937.09
Item L4 Board granted approval of Tourist Development Council expenses for the month
of May, 2015
Item L5 Board granted approval to remove surplus equipment from inventory.
Item L6 Board granted approval of FKAA invoices greater than $50,000 (to include
salaries), relating to the Cudjoe Regional Wastewater System Project.
Item L7 Board granted approval of a request for the Clerk to re- allocate $456,963 of the
approved FYI Clerk's budget specifically to cover State funded shortfall
beginning June 1, 2015 thru Sept 30, 2015. The funds will be used for Court-
related personnel expenses.
Item M2 Board granted approval for the 35 Annual 7 -Mile Bridge Run for Saturday, April
9, 2016 from 6:45 A.M. to 9:00 A.M.
Item M3 Board granted approval of Amendment 1 to the contract with JND Thomas
Company, Inc., the contractor for removal of organic muck material from Canal
#266 and Canal #290, to authorize the County to mail payments under the
contract to Dayhill Group for disbursement under the contract rather than mailing
payments directly to the contractor.
Item N6 Board granted approval of a settlement agreement in Code Case CE13040158 and
Case Number CAP 15134 between Monroe County and Jose and Mirta Gonzalez
and Elena Morejon regarding the lot located at 16 Pigeon Drive, Key Largo,
Florida 33037.
Item N7 Board granted approval for the County Administrator and the County Attorney's
Office to negotiate an amended agreement with the independent external auditing
firm of Cherry Bekaert, LLP, exercising the option to extend the current Audit
Contract by an additional two (2) years; also, authorization for the County
Administratorto execute the amended agreement provided the fees in paragraph
(4) of the agreement remains unchanged, and otherwise the amended agreement
will be returned to the BOCC for approval.
Item N11 Board granted approval of First Amendment to Agreement between Monroe
County and Nabors, Giblins & Nickerson, P.A. (NGN) related to bond validation
and related issues.
STAFF REPORTS
Page 7 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item E1 Airports, Director Don DeGraw No Report Given
Item E2 Budget & Finance, Director Tina Boan No Report Given
Item E3 Emergency Services, Director Jim Calihan No Report Given
Item E4 Employee Services, Director Teresa Aguilar No Report Given
Item E5 Public Works/Engineering, Director Kevin Wilson
Report from the Director included the progress on Higgs Beach, McDonald
Avenue construction project anticipated to start in August, recommendation of the
Mayor to County Administrator included producing a periodic report on the status
of ongoing individual county -wide projects. Commissioner Neugent requested
an update on Bernstein Park project. Director Kevin Wilson agreed to put a
formal presentation together for next months meeting. He also made mention
that all seems to be working fine now following the recent Solid Waste changes.
Item G2 FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
Mayor Kolhage moved to appoint Commissioner Neugent as the temporary
Mayor Pro Tern for today's meeting. Roll Call include members Mayor
Neugent, Commissioner Rice and Kolhage. Absent from the meeting were
members Clark Snow and Norm Anderson.
Fire Chief Jim Callihan addressed the Board. Commissioner Kolhage moved to
approval of an exception to Section 4.07(B)(1) and 2.03 B (6) to the Personnel
Policies and Procedures Manual extending the maximum time period for trainees
from six (6) months to one (1) year, in order to allow Monroe County Fire Rescue
to hire up to six (6) Firefighter Trainees enrolled in the Monroe County
Firefighter Academy for a period of up to one (1) year, in order for the Trainee to
obtain the minimally required qualifications for the position of Firefighter EMT /
Firefighter Paramedic. Upon the Trainee obtaining the minimum qualifications
for the position, he /she will be considered to be hired into the vacant budgeted
position as a regular FTE employee (firefighter, FF /EMT or FF /paramedic,
depending on his or her qualifications). The motion was seconded by
Commissioner Rice. Discussion and recommendations were made in order to
reduce the large turnover. Ideas were possibly starting a high school program as
well as scholarship program to promote locals to seek a career in the Fire /EMS
industry. After discussion, the motion was approved unanimously.
ADJOURNMENT OF FIRE & AMBULANCE DISTRICT 1 BOARD OF
GOVERNORS
Page 8 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item E6 Growth Management, Director Christine Hurley
Director Hurley addressed the Board
• Procedures for bidding on larger derelict vessels costing more than
$50,000. Staff is working on a bid since it will be more than policy cap.
A separate Resolution was previsoulsy issued which allows this to be done
separately.
Staff is working hard on FEMA Audit for the Community Assistant visits.
Upcoming meeting with the Construction Industry will be held July 20,
2015 from 3:00p — 5:00p in Marathon and Key Largo using Polycom
system. There will be four to five new proceduras unveiled for permitting
developed as a result of FEMA. Once programs are in place staff will be
closer in completing audit responses. This is expected by
Aug /September. The programs minimum required documents when
building in a flood zone related to elevations or flood proofing,
calculations required if in a V -Zone. Most of the changes to be
recommended is going to fall on Surveyors since they provide the data on
flood zones.
Item E7 Intergovernmental Affairs, Director Lisa Tennyson Reported to the Board
• Updated the Board on current progress pertaining to Amendment 1 and
other items currently before the Legislature.
Item E8 Information Technology, Director Bob Ward Reported to the Board
• Provides an update of the four wireless park projects (Higgs, Birnstein,
Big Pine Community, and Harry Harris) of which antennas have been
installed; ready to move forward as soon as service is implemented.
• Introduces the releasing of a new web application, `Monroe County
Oneview. This application provides information for any particular address
in the county regarding a view of a property's surroundings and it's
resources of which are available. It also is accessible through the
county's main web site.
Item C 18 Staff provided an executive summary to the Board. Discussion between Board
and staff took place. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Murphy to reject the lowest bid response from
Drace Construction Corp. and negotiate with second lowest bidder D.L. Porter
Constructors, Inc. for the construction of the Key West Lighthouse Renovations.
Project Funded by the Tourist Development Council. Mayor made a point of
Page 9 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
reminding staff that during the negotiations that the project is "way over" budget
and should be addressed. Motion passed unanimously.
Item H5 Commissioner Rice addressed staff regarding the potential discrepancy between
the amount paid vs the amount of a greater refund than initially paid. Growth
Management Director explained the variance and why it looked odd. Once
explanation was completed, motion was made by Commissioner Rice and
seconded by Commissioner Murphy to approve the refund to Moon Bay
Condominium for Fire fees paid on a permit issued on 12/1/14, in the amount of
$24,426.74. Motion passed unanimously.
Item L1 COUNTY CLERK'S REPORT
Clerk addressed the Board to thank county attorney staff as well as the staff of
OMB who assisted the Clerk's office with the Banking RFP. A bank has been
selected and a transition is occurring over the next six to seven weeks. Clerk and
Board staff are working together to accomplish this task.
Item N8 Staff addresses the Board regarding disputes and claims between Metric
Engineering, Inc., and Monroe County arising from the CR 905 Bike Lanes
Project. Mr. Felix Rodriguez from Metric Engineering also addresses the Board
expressing Metric's disagreement documented in the agenda item summary (AIS).
Motion was made by Commissioner Neugent to accept staff recommendation to
authorize the county attorney to proceed with all dispute resolution mechanisms
up to and including litigation and seconded by Commissioner Murphy. Motion
passed unanimously.
Item M1 COUNTY ADMINISTRATOR'S REPORT
Written report has been attached. County Administrator accepted direction to
include more illustrations for future. Gastesi sent email to all commissioners on
6/9/2015 regarding the organizational changes. He announced and thanked
Connie Cyr for her service and her last day was today -- 6/10/2015. The county
is fortunate to have Lindsey Ballard replace her. Other retirements include
Debbie Frederick and Dent Pierce (these retirements are approximately 85 years
of combined knowledge and $200,000 overall in savings to the county).
In 2008 the county had approximately 9 divisions which were restructured to four
divisions and about 20 departments. New structure removes the positions of the
Deputy Administration and division directors but apoointed Christine Hurley and
Kevin Wilson. With the deletion of division directors the department directors
(about 22 of them) will report directly to the three Administrative positions. Due
to technology, now there can be 15 direct reports to each position.
County Administrator encourages members of the public and staff to send him
pictures to show what issues in the County may need their attention.
Page 10 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item N1 COUNTY ATTORNEY'S REPORT
To follow up on the County Administration changes, the County Attorney's office
will be taking over the "Agenda" function and other roles that the Aide was filling
prior to Connie Cyr's retirement.
In addition, County Attorney is in the process of examining software to update the
agenda process. It will be located in one location. A presentation is being
prepared for the July meeting with the hope that it will be fully implemented by
the fall.
Another topic has been the City of Key West has requested an Attorney General
Opinion on the use of Land Authority money in order to build a homeless shelter.
Is there interest from the Board on seeking that opinion. The question is whether
the funds that the Land Authority holds that have been raised in Key West can be
used for that purpose? The legislature just approvied a statute that allows them to
use their funds for construction and not just land acquisition. The follow up
question would be does that Statute fit within the context of authorized purposes.
Discussion took place by each of the Commissioners regarding the topic and the
County Attorney accepted their direction and will plan on providing more at the
July meeting.
County Attorney requested a closed session. In the prior month the County
approved staff to intervene in the challenge of Cudjoe Regional Wastewater
Treatment plants and the permit challenges.
The County is currently in litigation in the matter of Laudicina et al. v. FKAA and
Department of Environmental Protection and Monroe County, Florida DOAH
Case No. 15 -1233. The subject matter of the meeting will be confined to
settlement negotiations and strategy sessions related to litigation expenditures.
The persons to be in attendance at this closed meeting will be the County
Commissioners, County Administrator Roman Gastesi, County Attorney Bob
Shillinger; Assistant County Attorney Cynthia Hall and Derek Howard and a
certified court reporter. By law, no other persons are permitted to be present at
this meeting. It is estimated the meeting will take approximately thrity minutes.
As required by law, the court reporter shall record the times of commencement
and termination of the meeting, all discussions and proceedings, the names of all
persons present at any time, and the names of all persons speaking. No portion of
the meeting will be "off the record ". The court reporter's notes will be fully
transcribed, sealed, and then filed with Amy Heavilin, as Clerk. The transcripts
shall be made part of the public record upon conclusion of the litigation.
Motion was made by Commissioner Carruthers and Seconded by Commissioner
Neugent with discussion to hold a closed session at the July 15, 2015 Board
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
meeting at a time approximate of 1:30 pm The majority of the Board agreed it
should be heard at the regular July meeting.
July 16, 2015 the County Attorney along with the State Attorney is holding the
annual required Ethic Training in Marathon. Due to the number of participants,
this training will be televised at the other two county locations (Harvey Gov't
Center and Murray Nelson).
Update on the Galleon Bay Trial — it was scheduled for August hearing but that
has been continued to 2016.
Discussion and direction regarding the ordinance for fine reductions and
enforcement was a second separate question. Commissions pleasure was that if
enforcement was to be taken, it should first be brought to the commission for their
knowledge and direction.
Item Il /K1 Trauma Star Discussions
Report and presentation provided by Chief Jim Callihan as Director of Monroe
County Fire Rescue. He briefed the commission and the public progress from a
year ago when the county brought the collection/billing function in -house instead
of contracting out the function.
Budget and Finance Director answered questions from the Board regarding
funding and will bring forward at the July meeting a slide on the costs to the
entire program.
Commissioner Murphy raised concerns and recommended staff to look into the
preferred providers and the billings to patients.
Commissioner Neugent moved to approve staff recommendation to increase the
Trauma Star base rate to $12,000 and $100 per air mile. Staff will bring back a
resolution next month. This motion was seconded by Commissioner Carruthers;
the motion passed unanimously.
Discussion of Trauma Star Fee Waiver Program.
Commissioner Murphy moved approval for the Trauma Star Fee Waiver Program
to expand the waiver program to all Monroe County property owners. This was
seconded by Commissioner Rice and unanimously approved by the Board.
Item N3 Discussion and direction on revising the Monroe County Code and Purchasing
Policy as it relates to the purchase of certain insurance policies or coverages.
Commissioner Murphy moved approval to hold a Public Hearing to consider an
ordinance amending Section 2- 347(e)(5) of the Monroe County Code to provide
Page 12 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
an exemption to competitive bidding procedures for certain insurance policies and
coverages; and for the approval of the revised Purchasing Policies and Procedures
Manual. This was seconded by Commissioner Rice and the motion was
unamimously approved.
Mayor Kolhage recommended staff to invite the county insurance agent to attend
the hearing in order to address questions and concerns.
Item N5 Steve Williams, Assistant County Attorney made a verbal presentation of
settlement offer in Monroe County v. Rudolph Holdings, LTD, 15- CA- 107 -M.
Today's discussion is a result of the April 26, 2015 suit filed on an existing code
matter. After Board's approval to initiate litigation, the defendant contacted us
on april 29, 2015 and paid the outstanding amounts due. In the future, staff will
put the items for approval as a Bulk Item but wanted to share with the
Commissioners today the results of this particular case as the example of approval
and direction from April. Motion to approve was made by Commissioner
Murphy with a second by Commissioner Carruthers. Motion passed with no
objections.
Item N9 Commissioner Murphy moved approval and seconded by Commissioner Rice to
advertise a public hearing to consider an ordinance authorizing the Code
Compliance Special Magistrate to hear all requests for reductions in code
compliance liens and act on the Board's behalf in considering such liens. Motion
passed unanimously.
WASTEWATER ISSUES
Item J 1 After item was called the County Attorney advised the Commissioners that letters
were left in the back of the room in envelopes regarding this agenda item. Due to
the unusual circumstances and outside the routine policy, direction by the Board
was requested on how to handle these correspondence. Board unanimously
agreed that the letters will be provided to the Clerk for the official record but they
would not be read at the meeting. (Said letter is incorporated herein by
reference)
Director Kevin Wilson provided the executive summary to the Board for this
agenda item followed by seven Public Speakers (Bill Hunter, Deb Curlee for Last
Stand, Hallett Douville, Kathy Brown on behalf of No Name Key POA, Inc.,
Michael Press, Anne M. Press, and Beth Ramsay - Vickrey).
Board had direction and discussion with county staff. Commissioner Rice moved
approval with a second by Commissioner Murphy to approve the expansion of
Cudjoe Regional Wastewater system to include 42 properties on No Name Key
and 57 properties on Middle and Big Torch Keys plus 35 additional properties
whose cost of service is comparable. Additional funds coming from infrastructure
Sales tax and property assessments. Motion passed unanimously.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item J4 Commissioner Murphy moved approval with a second by Commssioner Rice to
approve the adoption of the East/West Long Key and No Name Key and
Middle /Big Key and Expanded parcels within Cudjoe Regional Wastewater
service area Wastewater Assessment Program Initial Assessment Resolution
describing the method of assessments for the wastewater service areas as adopted
by the BOCC on March 18th, item C37, for the East and West sides of Long Key
and on June 10th, for No Name Key, Middle Torch and Big Torch and the
expanded parcels of Cudjoe Regional Wastewater service area which includes 35
new parcels. Motion passed unanimously.
RESOLUTION #157 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item J2 Board was addressed by Director Kevin Wilson. Commissioner Murphy moved
the item to be amended that specifically removes the last paragraph of the policy
presented in the agenda backup for providing subsidy for installation of grinder
stations on CRWS properties who provide easements to FKAA between 1 July
2015 and 29 February 2016; seconded by Commissioner Carrathurs. Motion
passed unanimously as amended. (Said letter is incorporated herein by
reference)
Item J3 Director Kevin Wilson addressed the Board regarding the possible approval of a
policy for collection of individual assessments for residential properties that were
not developed and, therefore, not included in the assessment program.
There was one public speaker who addressed the Board (Jorge Ramos). After
discussion between the Board and staff, Commissioner Murphy moved to
DISAPPROVE the proposed policy which was seconded by Mayor Kolhage. A
Roll Call vote was taken by the Clerk with the following results:
Commissioner Carruthers
YES
Commissioner Murphy
YES
Commissioner Neugent
NO
Commissioner Rice
YES
Mayor Kolhage
YES
Motion carried.
Item N2 County Attorney, Bob Shillinger addressed the Board regarding the history
behind this agenda item. Mr. Collins was the County Attorney from 2003 -2006
and he successfully started the internship program within Monroe County. The
first two interns were Bart Smith and Diane Dick and there have been several
others over the years. This year the County has received some grant money that
will assist interns with living expenses. The proprosed resolution which is
recommended to be named after him will help honor him and continue his legacy.
Page 14 of 19
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
The current year intern for the County is Dustin Werling a law student studying at
Florida A &M University and he is also a Key West High School graduate (his
mother is Denise).
Four members of the public addressed the Board (Shawn Smith, Sharon
Hamilton, Judge Ptomey and John Dick).
Commissioner Murphy moved to approve a resolution establishing the "John
Richard Collins Legal Scholar Program" within the County Attorney's Office
with a second by Commissioner Neugent. Mayor requested the Clerk to take a
Roll Call vote; results were as follows:
Commissioner Carruthers
YES
Commissioner Murphy
YES
Commissioner Neugent
YES
Commissioner Rice
YES
Mayor Kolhage
YES
Motion carried unanimously.
RESOLUTION #152 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item K2 Board was addressed by three members of the public (Bill Hunter, Deb Curlee
representing Last Stand). The third member of the public was Michael Welber
representing the Florida Keys Rising Tide; however, he had left the meeting;
therefore the Mayor approved his written statement to become part of the public
record. (Said letter is incorporated herein by reference)
Commissioner Carruthers placed this item on the agenda and shared her concerns
that the State is placing on our local government and the necessity of the proposed
resolution. Discussion, comments and concerns were shared by the members of
the Board.
Commissioner Carruthers moved approval of a resolution supporting a ban on
the use of hydraulic fracturing, acid fracturing, and similar well stimulation
processes and treatments performed for the purpose of exploration or
production of energy resources, also known as "fracking, in the State of
Florida or in the Florida Keys or any area that would impact the water
supply or watersheds of the Florida Keys. The motion was seconded by
Commissioner Murphy; motion approved unanimously.
Item 01 A public hearing to consider an Ordinance amending Chapter 25 of the Monroe
County Code relating to Non - Consensual Towing Services.
Page 15 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Commissioner Rice moved approval of the Ordinance and the motion was
seconded by Commissioner Neugent.
A Roll Call vote was taken by the Clerk with the following results:
Commissioner Carruthers YES
Commissioner Murphy YES
Commissioner Neugent YES
Commissioner Rice YES
Mayor Kolhage YES
Motion carried.
ORDINANCE #013 -2015 IS INCORPORATED HEREIN BY REFERENCE
Item 02 Commissioner Murphy moved approval seconded by Commissioner Neugent to
approve a RESOLUTION authorizing a special permit allowing a temporary
construction staging area and a temporary setback variance at property located
along Avenue I, Big Pine Key (Real Estate #00110940.000000), related to a canal
restoration project (Canal #290). (Continued from May 20, 2015 BOCC). Motion
passed unanimously.
RESOLUTION #153 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item 03 Commissioner Neugent moved to approve a RESOLUTION authorizing a
special permit allowing a temporary construction staging area and a temporary
setback variance at property located along Avenue I, Big Pine Key (Real Estate
#00110960.0000000), related to a canal restoration project (Canal #290).
(Continued from May 20, 2015 BOCC). Motion was seconded by Commissioner
Carruthers; motion passed unanimously.
RESOLUTION #154 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item 04 Commissioner Murphy moved approval of a resolution seconded by
Commissioner Neugent for a second amendment to a Development Agreement
between Monroe County, Florida; Summerland Palms Investors, LLC, Coco
Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors LLC, Stock
Island Holdings, LLC and Oceanside Investors, LLC. (Quasi - Judicial
proceeding). Motion passed unanimously.
RESOLUTION #158 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Page 16 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item 05 Commissioner Neugent moved 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 motion was seconded by Commissioner Rice with discussion requested.
Staff addressed the Board and provided background and historical information on
the Board's previous concerns.
A Roll Call vote was taken by the Clerk with the following results:
Commissioner Carruthers YES
Commissioner Murphy NO
Commissioner Neugent YES
Commissioner Rice YES
Mayor Kolhage YES
Motion carried.
Mr. Peter Batty representing Fisherman addressed the Board as a public speaker.
RESOLUTION #155 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item 06 The Board discussed this item and a recommendation was made to appoint a 14
member of the public to the committee who has a non - vested financial interest in
Work Force Housing.
Special Action
Commissioner Carruthers moved approval to amend the ORDINANCE to amend
Section 2 -700 of the Monroe County Code (MCC) relating to expanding the
members appointed by the BOCC to the Affordable Housing Advisory Committee
to include a 14 member of the public to the committee who has a non - vested
financial interest in Work Force Housing. The motion was seconded by
Commissioner Rice and it was unanimously approved by the Board.
ORDINANCE #014 -2015 IS INCORPORATED HEREIN BY REFERENCE
Commissioner Murphy moved to open the Agenda to add item M7 to the agenda
which would appoint the 14 member to the Work Force Housing Committee.
The motion was seconded by Commissioner Carruthers with unanimous Board
consent. Agenda Item M7 was added.
Page 17 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Item 07 Commissoner Rice made a motion seconded by Commissioner Murphy to
continue until the September, 2015 BOCC agenda a public hearing to consider a
resolution transmitting to the State Land Planning Agency an ordinance by the
Monroe County Board of County Commissioners amending the Monroe County
Future Land Use Map from Residential Low (RL) to Commercial (COMM), for
property located at 95710 Overseas Highway, MM96, Key Largo, described as a
parcel of land located in government lot 3, Section 12, Township 62 South, Range
38 East, Key Largo, Monroe County, Florida, having real estate number
00088350.000000. (Legislative Proceeding). Unanimous Board approval.
Item H7 Commissioner Rice moved to approve a Resolution amending Resolution 403-
2013 reserving 1 additional affordable ROGO allocation (1 moderate affordable
unit) for Stock Island Holdings, LLC, for property at 5350 3rd Avenue, Stock
Island, Florida; for a total of 47 allocations in accordance with the development
agreement between Oceanside Investors, LLC, Summerland Palms Investors,
LLC, Coco Palms Developers, LLC, Suncrest Landings, LLC, Stock Island
Holdings, LLC, and Singh Investors, LLC. This is a companion item to
Development Agreement Second Amendment which is the subject of Public
Hearing Item 0-3 at this meeting. Motion was seconded by Commissioner
Murphy with unanimous consent of the Board.
RESOLUTION #151 -2015 IS INCORPORATED HEREIN BY
REFERENCE
Item M4 Director Christine Hurley addressed the Board with recommended changes and
amendments for completing the staffing needs for the Affordable Housing
Advisory Committee. Mr. Bob Jones was recommended as the facilitator,
Commissioner Carruthers Aide, Carol Schreck would be appointed as the
administrative support to the committee with an anticipation for temporary
assignment pay per County policy with Mayte and Emily as the other County staff
members. Discussion took place among the Board members. Commissioner
Murphy moved to approve staff recommendations with a second by
Commissioner Carruthers.
A Roll Call vote was taken by the Clerk with the following results:
Commissioner Carruthers YES
Commissioner Murphy YES
Commissioner Neugent NO
Commissioner Rice YES
Mayor Kolhage YES
Motion carried.
Page 18 of 19
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2015
Mayor voiced concerns regarding the County's Resolution created for the
additional duties of the Affordable Housing Advisory Committee (TRE's,
ROGO's, minor conditional use, deed restrictions). Director Hurley volunteered
to bring back to the July meeting a resolution addressing the Board's concerns.
Item M5 Commissioner Carruthers moved to approve the appointment of Ed Davidson
from the Monroe County School Board to the Affordable Housing Committee.
The motion was seconded by Commissioner Rice. Motion passed unanimously.
Item M6 Commissioner Murphy moved to approve the appointment of Jodi Weinhofer
from the Lodging Industry to the Affordable Housing Committee. Motion was
seconded by Commissioner Rice with unanimous Board approval.
Item M7 Motion was made by Commissioner Carrathurs and seconded by Commissioner
Rice to approve the appointment of Bill Hunter as the public sector representative
who has no direct financial interest to the Affordable Housing Committee. Board
approved unanimously.
Item N10 County Attonney updated the Board on the Medical Examiner concerns discussed
at the May, 2015 BOCC meeting. County Attorney and the Administrator met
with the Medical Examiner this past Monday, June 8, 2015 and it was very
productive. Vendors have been paid. Not much more to report until the Clerk's
Audit is released. Commissioner Murphy thanked the County Attorney and the
Administrator on how the meeting were conducted.
There being no further business, the meeting of the Board of County Commissioners was
ADJOURNED. �..�.=
,X % 01, .iii
Amy Heavilirg CPA
Ex- officio Clerk to the Monroe County, FL
Board of County Commissioners
By: Cheryl Robertson
Executive Aide /Deputy Clerk
Page 19 of 19
Wednesday, June 10, 2015
""NS
Page 4 C22 PUBLIC WORKS - Approval of a resolution to waive M.C.C.
section 18- 25(b)(1), which prohibits possession of alcoholic
beverages on County property, for the County property know as
Rowell's Marina, on July 4, 2015 from 6:00 p.m. until 10:30 p.m.,
for the Key Largo Volunteer Fire Department and Key Largo
Volunteer Ambulance Department (KLVFD/KLVAD) Annual
Community Independence Day Celebration, contingent upon
(KLVFD/KLVAD) obtaining required certificate of liability
insurance, and Public Assembly and alcohol sales and
consumption permits prior to the event.
Page 6 K2 COMMISSIONER CARRUTHERS - Approval of a resolution
supporting a ban on the use of hydraulic fracturing, acid
fracturing, and similar well stimulation processes and
treatments performed for the purpose of exploration or
production of energy resources, also known as "fracking, in
the State of Florida or in the Florida Keys or any area that
would impact the water supply or watersheds of the Florida
Keys.
Page 7 L7 CLERK OF COURTS - Official approval of a request for the
Clerk to re- allocate $456,963 of the approved FYI Clerk's budget
specifically to cover State funded shortfall beginning June 1, 2015
thru Sept 30, 2015. The funds will be used for Court- related
personnel expenses.
Page 8 N11 COUNTY ATTORNEY - Approval of First Amendment to
Agreement between Monroe County and Nabors, Giblins &
Nickerson, P.A. (NON) related to bond validation and related
issues.
Page 3 C16 PUBLIC WORKS - Approval of a task order with William P. Horn
Architect, P.A. for the water and energy conservation studies at the
Monroe County Sheriffs Office Detention Center and Headquarter
Building on Stock Island This project is funded by the one -cent
infiastructure tax.
Page 8 N4 COUNTY ATTORNEY - Request of the property owner, Ocean
Pointe Commons Association, Inc. to expand existing recreational
facilities in exchange for a Conservation Easement to be imposed
on two parcels of land, 500 Burton Drive, Key Largo.
CORRECTIONS/NOTES
Page 2 C4 BUDGET & FINANCE - (Back -up now included) - Approval of
various resolutions for the transfer of funds and resolutions for the
receipt of unanticipated revenue.
Page 3 C8 PUBLIC WORKS - (Correct back -up is now included) - Approval
for Solid Waste Management staff to reduce tipping fees for
disposal of illegal fishing gear that remains in the water illegally
during closed season.
Page 3 C18 PROJECT MANAGEMENT - (Time approximate of 9:45 A.M.) -
Approval to reject lowest bid response from Drace Construction
Corp. and negotiate with second lowest bidder D.L. Porter
Constructors, Inc. for the construction of the Key West Lighthouse
Renovations. Project Funded by the Tourist Development Council.
Page 6 J3 WASTEWATER — (Back -up now included) - Discussion, direction
and possible approval of a policy for collection of individual
assessments for residential properties that were not developed and,
therefore. not included in the assessment program.
Page 7 L3 CLERK OF COURTS — (Back -up now included) - Approval of
Warrants (including payroll) for the month of May, 2015.
Page 7 M5 COUNTY ADMNINISTRATOR — (Name Added of select
appointment) - Approval to appoint Ed Davidson from the Monroe
County School Board to the Affordable H� o g Committee.
Page 7 M6 COUNTY ADMNINISTRATOR — (Name Added of select
appointment) - Approval to appoint Jodi Weinhofer from the
Lodging Industry to the Affordable Housing Committee.
Page 8 N9 COUNTY ATTORNEY — (Revised Back -up: Ordinance Revised)
Discussion and approval to advertise a public hearing to consider
an ordinance authorizing the Code Compliance Special Magistrate
to hear all requests for reductions in code compliance liens and act
on the Board's behalf in considering such liens,
2