05/20/2015 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 20, 2015
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Murray E. Nelson 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, 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 B 1 Presentation of Years of Service Award for 10 years of service to Monroe
County to Antonio Hernandez, Maintenance Worker 1, Unincorporated Parks & Beaches,
Public Works/Engineering Division.
Item B2 Mayor's Proclamation recognizing the month of May as Motorcycle Safety
Awareness Month.
Item B3 Presentation of Employee of the Year Award to Montillo Desquotte, Foreman,
Roads & Bridges, Public Works/Engineering Division.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
granting approval of the Bulk Approvals. Motion passed unanimously.
Motion was made by Commisssioner Carruthers and seconded by Commissioner Murphy to
remove Item K1 from the Bulk Approvals. Motion passed unanimously.
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Item C1 Board granted approval to enter into a one - year's residential lease agreement
commencing June 1, 2015, with a County Employee for Location E.
Item C2 Board granted approval to enter into a one - year's residential lease agreement
commencing June 1, 2015, with a County Employee for Location F.
Item C3 Board adopted 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 NO. 120 -2015
Said Resolution is incorporated herein by reference.
Item C4 Board adopted a Resolution removing previous appointments of authorized
agents of Animal Control Contractors.
RESOLUTION NO. 121 -2015
Said Resolution is incorporated herein by reference.
Item C6 Board granted approval of first amendment to agreement with Perma -Fix of
Florida, Inc. for hazardous waste sheds cleaning and disposal services.
Item C7 Board adopted a Resolution to waive M.C.0 section 18- 25(b)(1), which
prohibits possession of alcoholic beverages at Big Pine Community Park, on July 3, 2015
from 10 a.m. until 10 p.m. for the Lower Keys Rotary Annual Community Independence Day
Celebration.
RESOLUTION NO. 122 -2015
Said Resolution is incorporated herein by reference.
Item C8 Board granted approval to issue a bid solicitation for Janitorial Services at Key
West International Airport.
Item C9 Board granted approval to issue a bid solicitation for Landscaping Services at
Key West International Airport.
Item CIO Board adopted various resolutions for the transfer of funds and resolutions for
the receipt of unanticipated revenue.
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 123 -2015
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 124 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 125 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 126 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 127 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 128 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 129 -2015
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 130 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 131 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 132 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 133 -2015
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 134 -2015
Said Resolution is incorporated herein by reference.
Item C1 I Board granted Authorization for the Mayor to execute an Agreement with
Samuel's House, Inc. for the Court- Mandated, Criminal /Substance Abuse Case Management,
Drug Testing project, for the period from Oct 1, 2014 through September 30, 2015.
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Item C12 Board granted Ratification of execution of the Certificate of Acceptance of
Sub -grant Award for the project entitled, Court- Mandated, Criminal /Substance Abuse, Case
Management, Drug Testing using funds provided under the FDLE Edward Byrne Memorial
Justice Assistance Grant Program, for the period from October 1, 2014 through September 30,
2015.
Item C15 Board adopted a Resolution to transfer $300,000 to the Monroe County
Property Appraisers' FY14 /15 General Fund Adopted Budget for the purpose of purchasing a
new CAMA system. The additional funds would increase the Property Appraiser's total
budget from $4,273,041 to $4,573,041.
RESOLUTION NO. 135 -2015
Said Resolution is incorporated herein by reference.
Item C16 Board granted approval of a UASI 2014 Memorandum of Agreement with the
City of Miami concerning a United States Department of Homeland Security's Office of
Grants & Training (OG &T), through the State of Florida, Division of Emergency
Management (FDEM) sub -grant Agreement # 15DS- P8- 11- 23 -02- in the amount of
$96,925.27 with no county match required; and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
Item C17 Board granted Issuance (renewal) of a Class A Certificate of Public
Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire Department, Inc. d/b /a
Ocean Reef Public Safety Department for the operation of an ALS transport ambulance
service for the period June 1, 2015 through May 31, 2017.
Item C 18 Board granted approval by the Board, acting as Plan Administrator of the
Length of Service Award Plan (LOSAP) to begin 10 -year disbursement of funds to one
eligible participant, with a monthly benefit of $150.00 commencing June 01, 2015.
Item C 19 Board granted approval to accept bid proposal from Goodman -Gable Gould
Company DB /A Adjusters International to provide Insurance Adjusting Claim Services. The
services of the Contractor will be used as a retainer agreement following catastrophic events
resulting in significant damage, such as hurricanes.
Item C20 Board granted approval to pay $388,466 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy.
Item C21 Board granted approval to negotiate a policy with Delta Dental Insurance
Company for fully- insured dental benefits for a term of two (2) years to become effective
September 1, 2015 with staff signing the necessary forms.
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Item C22 Board granted approval of Federally Funded Subgrant Weatherization
Assistance Program (WAP) Agreement 15WX- OG- 11 -54 -01 -039 between State of Florida,
Department of Economic Opportunity (DEO) and Monroe County Board of County
Commissioners (Monroe County Social Services) for the period of May 1, 2015 through
March 31, 2016, in the amount of $11,307.00.
Item C23 Board granted approval to execute a continuing services contract with RS &H,
Inc., the highest ranked respondent, for construction engineering and inspection (CEI)
services for the Monroe County Roadway and Drainage Improvement Program. Task orders
for specific road projects will be issued as projects are ready for construction.
Item C24 Board granted approval to execute a Traffic Signal Maintenance and
Compensation Agreement with Florida Department of Transportation (FDOT) effective July
1, 2015 to provide Monroe County with $29,640 funding for maintenance of traffic signals.
Item C25 Board adopted a resolution of Small County Outreach Program (SCOP)
Agreement with Florida Department of Transportation (FDOT) to provide $3,325,208 funding
for Construction and Construction Engineering and Inspection (CEI) phases of the repair to
Card Sound Bridge ( #904990).
RESOLUTION NO. 141 -2015
Said Resolution is incorporated herein by reference.
Item C26 Board adopted a resolution to enter into a Joint Participation Agreement (JPA)
with Florida Department of Transportation (FDOT) for FDOT to provide $375,000 to fund the
temporary ferry service from the City of Marathon to Pigeon Key for three (3) years
commencing July 1, 2015.
RESOLUTION NO. 142 -2015
Said Resolution is incorporated herein by reference.
Item C27 Board granted approval of Amendment 3 to the Interlocal Agreement (ILA)
with the City of Marathon to provide three (3) years of funding at 7.5% of the contract amount
or $18,750, whichever is less, per year to fund the Pigeon Key Ferry on an annual basis
commencing on July 1, 2015.
Item C28 Board granted approval of the Receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C29 Board granted approval to waive irregularity, award bid, and enter into a
contract in the amount of $1,818,835.00 with Pedro Falcon Electrical Contractors, Inc. for the
construction of the Monroe County Fire Training Academy on Crawl Key. This project is
funded by the one cent infrastructure sales tax.
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Item C30 Board granted approval to award bid and enter into a contract in the amount of
$104,625.00 with Pedro Falcon Electrical Contractors, Inc. for the construction of the Higgs
Beach Fitness Trail. Construction is funded by the One Cent Infrastructure Sales Tax. Funding
for the purchase of the exercise stations came from donations from the Friends of Higgs
Beach.
Item C31 Board granted approval of a First Amendment to the Agreement with Currie
Sowards Aguila Architects (CSA) for the design through construction administration of a new
P.K. Courthouse and Detention Center for addition of site plan review. This project is funded
through the infrastructure tax.
Item C32 Board granted approval of staff recommendation for the 2015 Transportation
Alternatives Program (TAP) Funding Cycle.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with Stuart Newman
Associates, Inc. d/b /a NewmanPR (providing tourism based public relations services for the
TDC) to exercise option to extend Agreement for two additional years with an increase to
monetary compensation.
Item D2 Board granted approval of an Amendment to Destination Agreement with Key
West Tourist Development Association, Inc. in an amount of $30,000 for Fantasy Fest in
October 2014 to extend termination date of agreement to June 30, 2015 to allow for
submission of invoices.
Item D3 Board granted approval of an Amendment to Destination Agreement with Key
West Tourist Development Association, Inc. in an amount of $15,000 for Fantasy Fest in
October 2014 to extend termination date of agreement to June 30, 2015 to allow for
submission of invoices.
Item D4 Board granted approval of an Amendment to Agreement with Dolphin research
Center, Inc. to extend the termination date for the Dolphin & Sea Lion Shade Structures
project to September 30, 2015.
Item D5 Board granted approval of an Amendment to Agreement with the City of Key
West to extend the termination date for the Vietnam Veteran's Memorial project to December
31, 2015.
Item D6 Board granted approval of an Amendment to Agreement with Islamorada
Village of Islands to exercise option to extend the agreement for an additional five (5) year
period to September 30, 2020, for the beach and beach park facilities cleaning and trash
removal services in Islamorada, in amount not to exceed $45,000 per year.
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DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Item G1 Board adopted a Resolution of the Board of County Commissioners of Monroe
County, Florida, authorizing the Mayor of Monroe County to execute on behalf of the County
the "Second Amendment to Interlocal Agreement creating a South Florida Regional Planning
Council." To rename the South Florida Regional Planning Council as the South Florida
Regional Council.
RESOLUTION NO. 136 -2015
Said Resolution is incorporated herein by reference.
Item G2 Board granted approval of the selection of Boating Improvement Funds (BIF)
funding requests for FY' 16 submitted by the Village of Islamorada ($25,000 for regulatory
buoy maintenance) and the City of Key Colony Beach ($5,896 for regulatory buoy and
signage replacement), and direction for staff to draft Inter -Local Agreements (ILA) with the
Village of Islamorada and the City of Key Colony Beach based on staff's selection
recommendations, providing for reimbursement for boating and waterways related projects to
be performed in FY' 16.
Item G3 Board granted approval of refund to Global Disaster Recovery, Inc. for overage
paid on a permit issued on 3/24/2015, in the amount of $278.47.
Item G4 Board granted approval of refund to Merrill Homes, Inc. for overage paid on a
permit issued on 1/9/15, in the amount of $1,522.54.
MONROE COUNTY SHERIFF DEPARTMENT
Item K2 Board granted approval of request for expenditure from the Law Enforcement
Trust Fund.
$500.00: To help cover expenses for the all -night event that provides a safe, drug, and alcohol
free celebration to recognize the achievements of our graduating seniors.
$500.00: To help cover expenses for the all -night event that provides a safe, drug, and alcohol
free celebration to recognize the achievements of our graduating seniors.
Item K3 Board granted approval of an MOU between the Monroe County Sheriffs
Office and Monroe County Board of County Commissioners allocating funding from
collection of court costs for crime prevention programs with the county. The $257,143.00
from the crime prevention fund will be purchase law enforcement equipment.
COMMISSIONERS' ITEMS — BULK APPROVALS
Item L1 Approval of appointments to fill three seats on the Duck Key Security District
Advisory Board.
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Item L2 Board discussed the 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. After discussion, this item was continued
until the June 10 2015 BOCC Meeting in Marathon, FL.
COUNTY CLERK
Item M2 Board granted approval of March 18th, 2015 and April 15th, 2015 BOCC
Meeting Minutes and approval of the July 16th, 2014 REVISED Meeting Minutes.
Item M3 Board granted approval of Warrants (including payroll) for the month of April
2015: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of
$4,187,738.37; Fine & Forfeiture Fund (101), in the amount of $6,812,494.99; Road and
Bridge Fund (102), in the amount of $320,450.44; TDC District Two Penny (115), in the
amount of $322,712.88; TDC Admin. & Promo 2 Cent (116), in the amount of
$1,499,821.28; TDC District 1,3 Cent (117), in the amount of $833,336.71; TDC District
2,3 Cent (118), in the amount of $104,959.93; TDC District 3,3 Cent (119), in the amount of
$242,383.15; TDC District 4,3 Cent (120), in the amount of $284,404.75; TDC District 5,3
Cent (121), in the amount of $238,264.23; Gov. Fund Type Grants (125), in the amount of
$771,197.69; Fire & Amb District 1 L &M Keys (141), in the amount of $965,813.25;
Upper Keys Health Care (144), in the amount of $1,170.38; Uninc Svc Dist Parks & Rec
(147), in the amount of $130,106.97; Plan, Build, Zoning (148), in the amount of
$705,171.47; Municipal Policing (149), in the amount of $1,065,202.97; 911 Enhancement
Fee (150), in the amount of $76,236.36; Duck Key Security (152), in the amount of
$5,902.69; Local Housing Assistance (153), in the amount of $72,670.40; Boating
Improvement Fund (157), in the amount of $27,872.41; Misc. Special Revenue Fund (158),
in the amount of $31,328.96; Environmental Restoration (160), in the amount of
$15,865.72; Law Enforcement Trust (162), in the amount of $7,000.00; Court Facilities
Fees -602 (163), in the amount of $11,369.02; Drug Abuse Trust (164), in the amount of
$5,972.50; Bay Point Wastewater MSTU (168), in the amount of ($55.80); Big Coppitt
Wastewater MSTU (169), in the amount of ($151.09); Key Largo Wastewater MSTU
(170), in the amount of $176.45; Stock Island Wastewater (171), in the amount of
$2,502.45; Cudjoe- Sugarloaf MSTU (172), in the amount of ($234.97); Long Key, Layton
MSTU, in the amount of $514.63; Duck Key MSTU (176), in the amount of $936.65;
Building Fund (180), in the amount of $299,537.90; 1 Cent Infra Surtax (304), in the
amount of $547,639.67; INFR Sle Srtx Rev Bds2007 (308), in the amount of $32,494.50;
Big Coppitt Wastewater PR (310), in the amount of $5,023.72; Duck Key Wastewater
(311), in the amount of $1,310.02; Cudjoe Regional (312), $13,014.94; Series 2014 Revenue
Bonds (314), in the amount of $635.00; Card Sound Bridge (401), in the amount of
$80,850.38; Marathon Airport (403), in the amount of $345,178.61; Key West Intl.
Airport (404), in the amount of $665,018.08; PFC & OPER Restrictions (406), in the
amount of $817,502.66; MSD Solid Waste (414), in the amount of $1,494,759.96; Worker's
Compensation (501), in the amount of $129,189.03; Group Insurance Fund (502), in the
amount of $2,790,308.05; Risk Management Fund (503), in the amount of $64,890.87; Fleet
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Management Fund (504), in the amount of $201,912.32; Fire & EMS Losap Trust Fund
(610), in the amount of $2,685.00.
Item M4 Board granted approval of Tourist Development Council expenses for the
month of April 2015.
Item M5 Board granted approval to remove surplus equipment from inventory and
transfer assets from KWIA to Marathon Airport.
Item M6 Board granted approval of FKAA for fiscal year (to include salaries), relating
to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are being
submitted for approval.
Item M7 Board granted approval of FKAA for fiscal year (to include salaries), relating
to the Cudjoe Regional Wastewater System Project. The invoices $50,000.00 and over are
being submitted for approval.
COUNTY ADMINISTRATOR
Item N3 Board granted approval of the First Amendment to an Interlocal Agreement
between Monroe County (County) and the Key Largo Fire Rescue and Emergency Medical
Services, an independent special district (District), to reimburse the Key Largo Fire Rescue
and Emergency Medical Services District for the purchase of certain fire vehicles and for the
installation of fire hydrants within the District boundaries.
Item N4 Board adopted a Resolution authorizing the temporary closing of the
Northbound Lanes of US 1 from mile marker 98.2 to mile marker 100 from 10:00 a.m. to
11:30 a.m. for the annual 4th of July Parade sponsored by The Reporter Newspaper.
RESOLUTION NO. 138 -2015
Said Resolution is incorporated herein by reference.
Item N5 Board granted approval of Amendment No. 3 to the contract with AMEC
Foster Wheeler Environment and Infrastructure, Inc. for the Engineering Design, Permitting,
Field Assessments, Project Management and Engineering Support Services for the Canal
Demonstration Projects to extend the contract expiration date from June 30, 2015 to
December 31, 2015 at no additional cost to the County.
Item N6 Board granted approval of the reappointment of Rick Freeburg to the Health
Council of South Florida for a two year term in the category of Provider.
Item N7 Board granted approval of an Interlocal Agreement between Monroe County
(County) and the Ocean Reef Volunteer Fire Department (Department) to reimburse for the
purchase of certain fire vehicles.
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Item N10 Board granted approval of Amendment No. 7 to the contract with Amec Foster
Wheeler Environment & Infrastructure, Inc. that provides for the Selection of Canal
Demonstration Projects and Homeowner Coordination Services to authorize a five month no
cost time extension to the contract from July 15, 2015 to December 15, 2015.
Item N12 Board granted approval of annual appointments to the Older Americans
Advisory Board.
Item N 13 Board granted approval to enter into a Memorandum Of Understanding with
the South Florida Regional Planning Council for conference planning and implementation
services for the 7th Annual Southeast Florida Regional Climate Change Summit to be held in
Monroe County, scheduled for December 1 -3, 2015 in Key West.
COUNTY ATTORNEY
Item O1 Board granted authorization to initiate litigation against Allison M. Hayden and
Martin R. Formento and the property located at 719 Sharon Pl., Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE 13120103.
Item 02 Board granted authorization to initiate litigation against JP Morgan Chase
Bank National Association and the property located at 3 Oakwood Avenue, Key Largo,
Florida to seek compliance with the County Code and enforce a lien arising from Code
Compliance Case Number CE13050054.
Item 03 Board granted authorization to initiate litigation against Jose Martinez, Jr. and
the property located at 655 Colson Dr., Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE13100141.
Item 04 Board granted authorization to initiate litigation against Monica A. Menzel and
Keith Durham and the property located at 552 Palm Dr., Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE14010042.
Item 05 Board granted authorization to initiate litigation against Esmel Dorta and
Dunia Molinet and the property located at 44 Judy Place, Key Largo, Florida, to seek
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE 13120078.
Item 06 Board granted authorization to initiate litigation against Alfredo Menendez and
the property located at 241 Lignumvitae Dr., Key Largo, Florida, to seek compliance with the
County Code and enforce a lien arising from Code Compliance Case Number CE 14010047.
Item 07 Board granted authorization to initiate litigation against Jaime Sanchez and
Leyva Yamina and the property located at 15 Susan St., Key Largo, Florida, to seek
5/20/2015 Page 10
compliance with the County Code and enforce a lien arising from Code Compliance Case
Number CE13060076.
Item 08 Board granted authorization to initiate litigation against Allan Woodman and
the property located at 819 Narragansett Lane, Key Largo, Florida, to seek compliance with
the County Code and enforce a lien arising from Code Compliance Case Number
CE13120051.
Item 010 Board granted authorization to initiate litigation against Allan Woodman and
the property located at 819 Narragansett Lane, Key Largo, Florida, to seek compliance with
the County Code and enforce a lien arising from Code Compliance Case Number
CE13120051.
Item 012 Board granted authorization to initiate litigation against Allan Woodman and
the property located at 819 Narrangansett Lane, Key Largo, Florida, to seek compliance with
the County Code and enforce a lien arising from Code compliance Case Number
CE10090056.
COUNTY ADMINISTRATOR
Item N2 Holly Raschein, Monroe County State Representative addressed the Board
regarding the outcome from the Florida 2015 Legislative Session.
Land Authority
Roman Gastesi, County Administrator addressed the Board concerning the addition of Item
N14 to the Agenda. Motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy to add Item N14 to the Agenda.
Item N14 Tony Allen, Owner of Allen -Beyer Funeral Home, Roman Gastesi, County
Administrator and Bob Shillinger, County Attorney addressed the Board regarding the issues
with the Medical Examiner. The Board directed Staff to look into what it would take to
remove the Medical Examiner from his position.
SOUNDING BOARD
Item R1 Andrew M. Tobin, Esq. and Bob Shillinger, County Attorney addressed the
Board regarding Enos Mitchell — Hibiscus Park, Map Amendment Applications.
COUNTY ADMINISTRATOR
Item NI 1 Christine Limbert- Barrows and Roman Gastesi, County Administrator
addressed the Board regarding the discussion and direction on operation and disposal rate in
the Amended and Restated Haul Out, Operation and Maintenance Agreement with Waste
Management Inc. of Florida (WM). After discussion, the Board decided to continue this item
until after lunch.
5/20/2015 Page 11
PUBLIC WORKS
Item C5 Board discussed the renewal and seventh addendum to contract with Humane
Animal Care Coalition, Inc. (HACC) to operate the Key Largo Animal Shelter and provide
animal control services from Mile Marker 70 through Mile Marker 112 including Ocean Reef
and the Village of Islamorada. The following individuals addressed the Board: Kevin Wilson,
Director of Public Works /Engineering /ProjectManagement; Robby Majeska, Owner of Keys
Kritter; Dottie Moses; Tom Garrettson, President of Humane Animal Care Coalition; and Duff
Smith. After discussion, a motion was made by Commissioner Neugent and seconded by
Commissioner Rice granting approval of the item. Motion passed unanimously.
COUNTY ATTORNEY
Item 013 Board discussed the disputes and claims between Construct Group Corp., and
Monroe County arising from the CR 905 Bike Lanes Project. The following individuals
addressed the Board: Bob Shillinger, County Attorney; Fransisco Touron, representing
Construct Group Corp.; Chris Ambrosio, Assistant County Attorney; and Judith Clarke,
Director of Engineering. A motion was made by Commissioner Rice and seconded by
Commissioner Carruthers authorizing the County Attorney's Office to proceed with any and
all litigation. Motion passed unanimously.
BULK APPROVALS - MISCELLANEOUS
Item C13 Board discussed the Ratification of submission of the revised Edward Byrne
Memorial Justice Assistance funding distribution letter with the Florida Department of Law
Enforcement for fiscal year 2014 -2015 (Oct. 1,2014 through Sept. 30, 2015), whereby
Monroe County agrees to the distribution of $84,521 in program funds in the County.
Item C14 Board discussed the Ratification of grant adjustment submission to FDLE
RSAT sub -grant to account for the unexpected grant funds decreasing the award amount.
Item K1 Board discussed the Approval of FY 2015 recommendations of the Monroe
County Shared Assest Forfeiture Funds Advisory Board.
After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy granting approval of Items C13, C14 and K1. A Roll Call vote was
taken with the following results:
Commissioner Carruthers Yes
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Commissioner Murphy
Commissioner Neugent
Commissioner Rice
Mayor Kolhage
Motion Carried.
Yes
Not Present
Abstain
Yes
COUNTY ATTORNEY
Item 011 Board discussed the approval to intervene in the case of Laudicina et al. v.
Florida Keys Aqueduct Authority and Dep't of Environmental Protection, Florida DOAH
Case No. 15 -1233. The following individuals addressed the Board: Bob Shillinger, County
Attorney; Chris Bergh, representing the Nature Conservancy; Henry Briceno, representing
Science Community; James Focquean, representing Science Community; Jan Edelstein,
representing Cudjoe Gardens Property Owners Association and Kevin Wilson, Director of
Public Works /Engineering/Project Management. After discussion, a motion was made by
Commisssioner Murphy and seconded by Commissioner Neugent granting approval of the
County Attorney's Office to intervene and sit in on this case. 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.
COUNTY ADMINISTRATOR
Item N9 Rhonda Haag, Sustainability Manager and Roman Gastesi, County
Administrator addressed the Board regarding the approval to advertise a Request for
Proposals for removing an existing ineffective weed barrier system and installing a new air
curtain system at the mouth of Canal #266 located between Baileys Lane and Witters Lane in
Doctor's Arm Big Pine Key; demolishing portions of an ineffective weed barrier and
installing a new air curtain system at the mouth of Canal #287 located between Atlantis Drive
and Hollerich Drive in Big Pine Key; and providing a 2 -year period of operations and
maintenance of both systems. After discussion, a motion was made by Commissioner Rice
and seconded by Commissioner Murphy granting approval of the item. Motion passed
unanimously.
5/20/2015 Page 13
GROWTH MANAGEMENT
Item H1 Bob Jones, Director of FCRC Consensus Center addressed the Board regarding
the Presentation of the Workforce Housing Stakeholder Assessment Report prepared by the
FCRC Consensus Center, FSU.
Item H2 Board discussed the adoption of a Resolution assigning additional duties to the
Affordable Housing Advisory Committee based on recommendations in the Workforce
Housing Stakeholder Assessment Report according to Section 7- 201(c) of the Monroe County
Code.
The following individuals addressed the Board: Christine Hurley, Director of Growth
Management; Roman Gastesi, County Administrator; Deb Durlee, representing Last Stand;
Ron Miller, representing UKCA; Sue Heim, and Ed Swift, representing the Affordable
Housing Committee. After discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Rice to approve the revised Resolution as provided by Staff on
May 20, 2015, with the following changes: Revise additional duty #1 to say, "Propose a
definition for `Workforce' and the need within and where (geographically in unincorporated
Monroe County) for providing housing for various income levels (very low, low, median and
moderate);" Add the following as #2 under by October 2015: "Evaluate and define the
workforce housing need in unincorporated Monroe County;" Edit additional duty #7 to say,
Review and consider recommendations to the BOCC for amendments to statutes to address ".
RESOLUTION NO. 139 -2015
Said Resolution is incorporated herein by reference.
Item H3 Board discussed the approval to advertise a Public Hearing to consider an
amendment to Section 2 -700 of the Monroe County Code (MCC) relating to expanding the
members appointed by the BOCC to the Affordable Housing Advisory Committee. The
following individuals addressed the Board: Dottie Moses; Deb Curlee, representing Last
Stand; Ed Swift and Jim Saunders. After discussion, a motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers to go with the Original 11 plus number
18, a citizen appointed by the School Board and number 19, a citizen appointed by the
Lodging Association. Motion passed unanimously.
5/20/2015 Page 14
COUNTY ADMINISTRATOR
Item N11 Board discussed the direction on operation and disposal rate in the Amended
and Restated Haul Out, Operation and Maintenance Agreement with Waste Management Inc.
of Florida (WM). The following individual addressed the Board: Christine Limbert- Barrows,
Assistant County Attorney; Greg Sullivan, representing Waste Management; Roman Gastesi,
County Administrator; and Bob Shillinger, County Attorney. After discussion, a motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to approve the
$87.15 effective October 1, 2014 with the language that Waste Management has requested
and reads as follows: "Other permitted facilities that produce recycling credit for the County
or that otherwise meets the County's 75% recycling goal by 2020" and "Operator uses
commercially reasonable efforts to seek to obtain the 75% recycling credit " A Roll Call vote
was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Kolhage
No
Motion Carried.
CODE CASES
Item P1 Kat Windsor, Code Enforcement addressed the Board regarding the direction
at the request of the property owner, Victor Godoy, for a reduction in the outstanding code
fines imposed in Code Case No. CE13060086. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Murphy for Mr. Godoy to pay
$2,250.00 in fines plus hard costs of $305.64 for total of $2,555.64 and 60 days to pay. 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.
5/20/2015 Page 15
Item P2 Board discussed the direction at the request of the property owner, Alicia C.
Geer, for a reduction in the outstanding code fines imposed in Code Case No. CE07090260.
The following individuals addressed the Board: Kat Windsor, Code Enforcement; Alicia Geer,
Property Owner; Bob Shillinger, County Attorney; and Steve Williams, Assistant County
Attorney. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to place a lien on the property in the amount of $4,500 and to pay the hard
costs totaling $371.62 in 60 days. Motion passed unanimously.
Item P3 Kat Windsor, Code Enforcement addressed the Board regarding the direction at
the request of the property owner, Chris Sante, Manager of TRAILER DEPOT, LLC, for a
reduction in the outstanding code fines imposed in Code Case No. CE09110007. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Rice to pay $2,000.00 in fines plus hard costs of $453.60 for a total of $2,453.60 in 30 days. A
Roll Vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Kolhage
Yes
Motion Carried.
Item P4 Kat Windsor, Code Enforcement addressed the Board regarding the direction at
the request from Frances E. and Jon S. Andersen, the property owners, to address the BOCC
asking it to remove outstanding code fines imposed in Code Case No. CE07040059. After
discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to pay $6,300.00 in fines plus hard costs of $704.64 for a total of $7,004.60 in 60
days. 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.
Item P5 Board discussed the direction at the request of the property owner, Alexa L.
Wheeler, Trustee of the Alexa L. Wheeler Revocable Trust, for a reduction in the outstanding
code fines imposed in Code Case CE08120093. The following individuals addressed the
Board: Kat Windsor, Code Enforcement; Alexa Wheeler, Property Owner; Steve Williams,
Assistant County Attorney; and Peter Morris, Assistant County Attorney. After discussion, a
motion was made by Commissioner Murphy and seconded by Commissioner Rice to waive all
fees and hard costs. A Roll Call vote was taken with the following results:
Commissioner Carruthers Yes
5/20/2015 Page 16
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Kolhage
Not Present
Motion Carried.
SOUNDING BOARD
Item R2 Board discussed the request to speak to the Board of County Commissioners in
regards a lease at Key West Airport — Gary Lichtenstein. The following individuals addressed
the Board: Richard Fowler, Esq.; Pedro Mercado, Assistant County Attorney and Don
DeGraw, Director of Airports.
PUBLIC HEARINGS
Item Q 1 Board discussed 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 passes
unanimously.
ORDINANCE NO. 010 -2015
Said Resolution is incorporated herein by reference.
Item Q2 Board discussed a public hearing to consider approval of 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). After discussion, a
motion was by Commissioner Neugent and seconded by Commissioner Murphy to continue
this item until the June 10 2015 BOCC Meeting in Marathon, FL. Motion passed
unanimously.
Item Q3 Board discussed a public hearing to consider approval of 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). After discussion, a
motion was made by Commissioner Neugent and seconded by Commissioner Murphy to
continue this item until the June 10 2015 BOCC Meeting in Marathon, FL. Motion passed
unanimously.
Item Q4 Board discussed a public hearing to consider an ordinance amending Chapter
25 of the Monroe County Code relating to Non - Consensual Towing Services. (Pedro — PH
cont. from BOCC 4/15/15). After discussion, a motion was made by Commissioner Neugent
and seconded by Commissioner Murphy granting approval of the item. Bob Shillinger,
County Attorney addressed the Board regarding the continuance until June 10 2015 BOCC
Meeting in Marathon, FL. Motion passed unanimously.
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Item Q5 Board discussed a Public Hearing to consider approval of a resolution for a
Budget Amendment for Fiscal Year 2015 Impact Fees Roadways Fund 130. After discussion,
a motion was made by Commissioner Neugent and Commissioner Murphy granting approval
of the item. Motion passed unanimously.
RESOLUTION NO. 137 -2015
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item 02 Board discussed the approval of interlocal agreement with the Key Largo
Wastewater Treatment District to re- sequence the distribution of Mayfield Grant Funding and
authorization to jointly file suit with the District to validate the agreement under Chapter 75,
Florida Statutes. The following individuals addressed the Board: Robby Majeska; Sue Heim;
and Howard Gelbman. After discussion, a motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers granting approval of the item. Motion passed
unanimously.
STAFF REPORTS
Item E7 Lisa Tennyson, Legislative Affairs and Grants Acquisition Director addressed
the Board regarding the Federal Report and working with Congressman Carlos Curbelos on a
number of issues. They wrote a "Dear Colleague" letter for PILT Funding on the County's
behalf. Congressman Curbelos' Office also wrote a letter on our behalf to the FAA to look at
Higg's Beach Beacon relocation issue.
BUDGET & FINANACE
Item J Laura DeLoach- Hartle, Senior Administrator of Grants and Special Projects
addressed the Board regarding the approval of a 10% increase in the Human Service Advisory
Board funding for FY16 in the amount of $175,260 increasing the overall funding from
$1,752,600 to $1,927,860. After discussion, a motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers to approve the increase in the Human Advisory
Board. A Roll Call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Rice Yes
Mayor Kolhage Yes
5/20/2015 Page 18
Motion Carried.
COUNTY ADMINISTRATOR
Item N1 Roman Gastesi, County Administrator addressed the Board regarding the
Trauma Star Stickers that are being mailed out this week.
Item N8 Rhonda Haag, Sustainabilty Manager and Erin Deady, Esq. addressed the
Board regarding the approval of Monroe County's participation in a grant application to be
submitted May 28, 2015 to the National Oceanic and Atmospheric Administration (NOAA)
for a Grant to fund the South Atlantic Regional Resilience proposed four (4) state Coastal
Community Resilience project, which includes a 30% cash match from the County; and
approval to allow Dr. Jason Evans (Stetson University) and Erin Deady (Erin L. Deady, P.A.)
to prepare and submit the grant application on behalf of the County. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Neugent
granting approval of the item. Motion passed unanimously.
COUNTY ATTORNEY
Item 0 Bob Shillinger, County Attorney addressed the Board concerning the different
ways to deal with the code fines. He will bring back something to the Board in the near future.
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
, 4wedA 64&44d, ), e.
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