04/20/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Regular Meeting
Board of County Commissioners
Wednesday, April 20, 2016
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
Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner
David Rice , and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger,
County Attorney; Roman Gastesi; County Administrator; Amy Heavilin, County Clerk; Cheryl
Robertson, Deputy Clerk; county staff and members of the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item Al Motion was made by Commissioner Neugent and seconded by Commissioner
Kolhage 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 Florida Water Professional Month; Presentation of Mayor's Proclamation
declaring April 2016 as "Florida Water Professional Month" in Monroe County.
Item B2 Presentation of Years of Service Award for 20 years to Mark Thompson, Fire
Rescue Battalion Chief.
Item B3 Presentation of Mayor's Proclamation observing the week of May 15- 21, 2016 as
EMS Week. This year's theme, EMS STRONG: Called to Care. Chief Callihan
accepted award.
Item B4 Presentation of Mayor's Proclamation observing May 1, 2016 as LAW DAY in
Monroe County, Florida. Carla Latrinta accepted award.
Item B5 Presentation of Mayor's Proclamation observing April 2016 as Fair Housing
Month in Monroe County, Florida. LeAnne Broadbent accepted award.
Item B6 Presentation of Mayor's Proclamation declaring May 2016 as "Foster Care
Month" in Monroe County, Florida. Wesley House, Kohler's here supporting the
award.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
BULK APPROVALS
Commissioner George Neugent addressed the audience regarding the Rules of Bulk Approval's
items. Motion was made by Commissioner Neugent and seconded by Commissioner Kolhage
granting approval of the following bulk items. Motion passed unanimously.
Item C1 Board granted approval of a negotiated Bid Award Agreement with Siemens
Industry, Inc. for "Fire Alarm System, Building Automation System and Smoke
Control System Testing, Certification and Maintenance" for Corrections and
Facilities at a cost of $162,059. plus repairs Not To Exceed (NTE) $60,000.
Item C3 Board granted approval to execute updated Exhibit A to Traffic Signal
Maintenance and Compensation Agreement ARU48 with Florida Department of
Transportation (FDOT) to reflect compensation amount for 7/1/16 to 6/30/17
term.
Item C4 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 #089 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C6 Board granted authorization to enter into a purchase agreement to purchase a
refurbished 2004 Pierce pumper truck from Ten -8 Fire Equipment Inc. in lieu of a
significant dollar repair to the rust damage on the frame rails, undercarriage and
water pump of a current front -line reserve Pierce pumper. Request falls under
Chapter 7(A) of the Monroe County Purchasing Policy ( "Sole Source "), and
under Chapter 7(B) of the Monroe County Purchasing Policy ( "Emergency
Repairs ").
Item C8 Board granted approval to renew the current service agreement with Gallagher
Benefit Services, Inc. to provide Employee Benefits consulting services for up to
one year.
Item C9 Board granted approval of a UASI 2015 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 # 16DS-U7-11-23-02-
368 in the amount of $96,925.00 with no county match required; and
authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item CIO Board granted approval of Business Associate Agreement with Interisk
Corporation, as required by HIPAA, to cover handling of protected health
information.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item C 12 Board granted approval of a contract with Seatech of the Florida Keys Inc. for the
Construction of the Repairs to the Little Torch State Road 4A Boat Ramp in the
amount of $112,525.00. This project is funded by the one cent infrastructure sales
tax.
Item C13 Board granted approval to update the existing Master Lease Agreement between
Monroe County and Coast FBO, LLC (Marathon General Aviation),
consolidating previous lease amendments and extending the substantial
construction completion date of the "East Hangar ". Marathon General Aviation is
one of two full service Fixed Based Operators (FBO) on the airfield and they
primarily serve small piston powered general aviation aircraft.
Item C 14 Board granted approval of a resolution ratifying the County Administrator's
signature on Modification #4 to the Department of Community Affairs' Small
Cities Community Development Block Grant (CDBG) No. 12DB-05-11-54-01-
H15 and authorizing the County Administrator or his designee to sign all future
modifications.
RESOLUTION #093 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C15 Board granted approval to advertise for bids for Commercial Apron
Reconstruction at the Key West International Airport, to be funded by FAA(90 %)
grant pending, FDOT(5 %) grant pending, and Airport Operating funds(5 %).
Item C16 Board granted approval to advertise for bids for Drainage Reconstruction at the
Key West International Airport, to be funded by FAA(90 %) grant pending,
FDOT(5 %) grant pending, and Airport Operating funds(5 %).
Item C17 Board granted approval of a resolution to authorize staff to defer the processing of
right -of -way permit applications relating to the placement and maintenance of
communications facilities in the County's rights -of- way until an ordinance can be
adopted by the Board and to provide notice of its intent to adopt such an
ordinance.
RESOLUTION #094 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C18 Board granted approval to advertise a Request for Proposal for a Direct Loan
Agreement in an amount not to exceed $16,300,000.
Item C19 Board granted approval to advertise a Public Hearing for a Budget Amendment
for the Employee Housing Fair Share Impact Fee, Fund 136.
Item C20 Board adopted the following approval of various resolutions for the transfer of
funds and resolutions for the receipt of unanticipated revenue. The said
resolutions are incorporated herein by reference.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Resolution #095 -2016 receipt of unanticipated funds for Fund 125
Resolution #096 -2016 receipt of unanticipated funds for Fund 125
Resolution #097 -2016 receipt of unanticipated funds for Fund 125
Resolution #098 -2016 transfer of funds for Fund 148 & 157
Resolution #099 -2016 receipt of unanticipated funds for Fund 125
Resolution #100 -2016 receipt of unanticipated funds for Fund 125
Resolution #101 -2016 amending Resolution #069 -2016 for Fund 162
Resolution #102 -2016 receipt of unanticipated funds for Fund 158
Resolution #103 -2016 receipt of unanticipated funds for Fund 158
Resolution #104 -2016 receipt of unanticipated funds for Fund 158
Resolution #105 -2016 receipt of unanticipated funds for Fund 158
Resolution #106 -2016 receipt of unanticipated funds for Fund 001
Item C21 Board granted approval of an Interlocal Agreement between Monroe County and
the School Board of Miami -Dade County for operation of WLRN radio on
County owned towers.
Item C22 Board granted approval to apply for the National Endowment for the Humanities
Preservation Assistance Grant.
Item C23 Board granted approval of First Amendment to the Amended and Restated
Contract with The Florida Keys Society for Prevention of Cruelty to Animals, Inc.
(FKSPCA) for operation of the Key West Animal Shelter reflecting a CPI
increase of 0.7% effective May 1, 2016.
Item C24 Board granted approval of a Lease Agreement with the State of Florida
Department of Health, Monroe County Health Department to provide continued
office space at the Gato Building, 1100 Simonton Street, Key West, FL
Item C25 Board granted approval of a Lease Agreement with the State of Florida
Department of Health, Monroe County Health Department to provide office space
at the Murray E. Nelson Government and Cultural Center, 102050 Overseas
Highway, Key Largo, FL.
Item C26 Board granted receipt of monthly change orders reviewed by the County
Administrator's office.
Item C27 Board granted approval of a resolution to waive M.C.0 section 18- 25(b)(1),
which prohibits possession of alcoholic beverages at Higgs Beach, on April 30,
2016 for the Annual KW Paddle Board Classic.
RESOLUTION #088 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C29 Board granted approval of contract with Barracuda Builders of Key West, Inc. for
the East Martello Museum ADA Upgrades. Funding for this project comes from a
Tourist Development Council (TDC) grant.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item C30 Board granted approval of Monroe County Board of Commissioners to waive
paragraph 2.02B of the personnel Policy and Procedures Manual for two
individuals to fill one budgeted position simultaneously from thirty (30) calendar
days to ninety (90) calendar days.
Item D 1 Board granted approval of an Amendment to Agreement with the Dolphin
Research Center, Inc. To extend the termination date for the DRC Construct
Welcome Building Project.
Item D2 Board granted approval of an Amendment to Agreement with the Dolphin
Research Center, Inc. to extend the termination date for the DRC Construct
Animal Care and Training Building Project.
Item D3 Board granted approval of an Agreement with the Greater Key West Chamber of
Commerce, Inc. To provide Visitor Information Services in an amount not to
exceed $333,760.00 per year commencing October 1, 2016.
Item D4 Board granted Approval of an Agreement with the Lower Keys Chamber of
Commerce, Inc. To provide Visitor Information Services in an amount not to
exceed $95,760 per year commencing October 1, 2016.
Item D5 Board granted approval of an Agreement with the Islamorada Chamber of
Commerce, Inc. To provide Visitor Information Services in an amount not to
exceed $157,500 per year commencing October 1, 2016.
Item D6 Board granted approval of an Agreement with the Greater Marathon Chamber of
Commerce, Inc. To provide Visitor Information Services in an amount not to
exceed $168,000 per year commencing October 1, 2016.
Item D7 Board granted approval of amendment to contract with 3406 North Roosevelt
Boulevard Corporation d/b /a Visit Florida Keys for the provision of services for
operating an executive office for tourism promotion by Monroe County Code
Section 2 -299 (D)(E) to exercise option to extend for five additional years.
Item D9 Board granted approval of an Agreement with City of Key West covering the
Smathers Beach Restroom Facility project, in an amount not to exceed
$225,000, DAC I, FY 2016 Capital Resources and rescind BOCC approval for
Agreement at March 23, 2016 meeting.
Item I1 Board granted approval to re- appoint Mr. Steve R. Henson, ENG I 22A, to one (1)
additional three (3) year term to the Contractors Examining Board (CEB)
beginning May 15, 2016 and ending May 15, 2019 as an Engineering Contractor.
Item I2 Board granted approval to re- appoint Mr. Gary Centonze, CFC 1425735, to one
(1) additional three (3) year term to the Contractors Examining Board (CEB)
beginning May 15, 2016 and ending May 15, 2019 as a Plumbing Contractor.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item K1 Board granted approval to request for expenditure from the Law Enforcement
Trust Fund in the amount of $7,000 for Florida Sheriffs Youth Ranches;
additionally, approval of revision to agenda item K -1, from the March 23, 2016
agenda, to correct scrivener's error in reference to year of expenditure for Coral
Shores High School graduation night.
$7,000.00 Florida Sheriffs Youth Ranches
$500.00 Coral Shores High School Operation Graduation 2016.
Item L1 Board granted approval to appoint Eric Anderson to the Art in Public Places
Committee to fulfill the term of Dave Andrews. His term will expire November 1,
2016.
Item L2 Board granted approval of appointment of Margaret Tower Smith as the District 4
Representative to the Parks and Recreation Advisory Board.
Item L3 Board granted approval to appoint Captain Mike Nealy to the Florida Keys
Council for People with Disabilities Committee. His term will expire May 1,
2019.
Item M2 Board granted approval of BOCC Warrants (Including Payroll) For The Month of
March 2016.
Item M3 Board granted approval of Reconciliation of Assets Added in FY 16 to
Expenditure Audit Trail.
Item M4 Board granted approval of Assets inventoried in FY 16 by Custodian.
Item M5 Board granted approval of Surplus Assets submitted for consideration this month.
Item M6 Board granted approval of Tourist Development Council expenses for the month
of March 2016.
Item M7 Board granted approval of FKAA invoices $50,000 or over for the fiscal year (to
include salaries), relating to the Cudjoe Regional Wastewater System Project.
Item M9 Board granted Official Approval of March 23, 2016 regular BOCC Meeting
Minutes.
Item M10 Board granted Official Approval of February 10, 2016 regular BOCC Meeting
Minutes.
Item N2 Board granted approval of Amendment No. 9 to the Contract for Engineering,
Design and Permitting Services of the Demonstration Projects, with AMEC
Foster Wheeler Environment and Infrastructure, Inc. for an internal reallocation of
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
funds to fund the CEI services for the #277 Culvert and the #266 and #287 air
curtain installations, and minimal technical review for the air curtains O &M
operations. The Contract value remains unchanged.
Item N3 Board granted authorization to enter into Amendment #1 to the contract with
Earth Tech Enterprises, Inc. for installation of air curtains on Canals #266 and
#287 on Big Pine Key to remove the list of subcontractors from the contract. The
contract value remains unchanged.
Item N5 Board granted ratification of two (2) small contracts signed by the County
Administrator.
Item N8 Board granted authorization to enter into Amendment #1 to the contract with
Douglas N. Higgins, Inc. for installation of a culvert on Canal #277 to remove the
list of subcontractors from the contract. The contract value remains unchanged.
Item 03 Board granted approval of a settlement agreement in code case CE11120081 and
case number 15 -CA -560 -P between Monroe County and Key Largo Service
Station, LLC, regarding the lot located at 98210 Overseas Highway, Key Largo,
Florida, 33037.
Item 05 Board granted approval to advertise a public hearing to consider an ordinance
amending Sections 17 -4 and 18 -1 of the Monroe County Code to expressly state
that camping in county -owned parks and recreational facilities is prohibited and
providing the County Administrator with authority to waive that prohibition.
Item 06 Board granted approval of New Buyer settlement agreement for Code Compliance
lien regarding real property located at 190 Normandy, Tavernier, FL 33037.
Item 07 Board granted approval to accept proposal from Marsh USA for Property
Insurance package through Lloyds of London Insurance Company and Landmark
American Insurance Company.
Item 08 Board granted approval to pay $414,138 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy.
Item 09 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 Q1 Board granted approval of a Resolution of the Board of County Commissioners of
Monroe County, Florida adopting the Title VI & Nondiscrimination Policy and
Plan for Monroe County.
RESOLUTION #086 -2016 IS INCORPORATED HEREIN BY REFERENCE
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
BULK APPROVALS
Item C2 Approval to negotiate a contract with EAC Consulting, Inc., the highest ranked
respondent, for engineering design and permitting services for the Stock Island II
Roadway and Drainage Improvement Project. If successful negotiations cannot be
reached, approval to negotiate a contract with the next highest ranked respondent
until successful negotiations are reached. Mayor Carruthers commented then
moved item for approval, seconded by Commissioner Neugent. Judith Clarke,
Director of Engineering, gave a few example items in small discussion. Diane
Beruldsen addressed the Board as a public speaker. Motion approved
unanimously.
Item C5 Approval to allow Director of Engineering Services, on behalf of the County, as
owner, to sign a Utility Work Schedule for the removal of the existing out -of-
service 18" watermain connected to the Old Seven Mile Bridge. Judith Clarke,
Director of Engineering, addressed the Board to answer Commissioner Neugent's
question. A motion was made by Commissioner Neugent and seconded by
Commissioner Rice for approval. Motion approved unanimously.
Item C7 Authorization for the Mayor to execute a Memorandum of Understanding with
the Guidance /Care Center d/b /a The Heron Assisted Living, Assisted Living
Prevents Recidivism program, for the period from October 1, 2015 through
September 30, 2016. A motion was made by Commissioner Neugent and
seconded by Mayor Carruthers for approval.
A Roll -Call was taken by the Clerk with the following results:
Commissioner Murphy
Commissioner Neugent
Commissioner Kolhage
Commissioner Rice
Mayor Carruthers
Yes
Yes
Yes
Abstain (Voting Conflict)
Yes
Motion Carried.
Item C11 Approval to enter into a contract in the amount of $33,838.20 with Upper Keys
Marine Construction, Inc. for the repair of the Harry Harris Boat Dock in
Tavernier. This project is funded by the one cent infrastructure sales tax. Doug
Sposito; Director of Project Management and Christine Hurley; Division Director
of Growth Management addressed the Board to answer Commissioner Neugent's
question. A motion was made by Commissioner Neugent and seconded by
Commissioner Rice for approval. Motion approved unanimously.
Page 8 of 18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
TOURIST DEVELOPMENT COUNCIL
Item D8 Approval of one "At Large' appointment for the Tourist Development Council
District III Advisory Committee. Commissioner Neugent Motion to re- appoint
Incumbent; Mr. Lucignano, seconded by Commissioner Murphy. Motion
approved unanimously.
COUNTY CLERK
Item M8 FKAA invoices for the fiscal year (to include salaries), relating to the Cudjoe
Regional Wastewater System Project. The invoices under $50,000 are being
provided For Information Only. Jan Edelstein (representing Cudjoe Gardens
Property Owner's Association) addressed the Board as a public speaker regarding
flower invoices /testing. Discussion by Commissioners. This was not an action
item but for information only.
STAFF REPORTS
Item E Christine Hurley, Growth Management, addressed the Board to inform the
Commissioners of what their office is intending to do in about a month or two.
Staff will send a letter to areas considered repetitive lost for flooding as part of the
County Application Community Rating System. Discussion by Commissioners.
COUNTY ADMINISTRATOR
Item N1 Roman Gastesi, County Administrator, provided report to the Board.
Item N6 Report on 2016 State Legislative session outcomes by Representative Holly
Raschein and the County's state lobbying team. Lisa Tennyson,
Intergovernmental Affairs, set the stage for discussion. Holly Raschein; State
Representative, Frank Bernandino (Anfield Consulting), Robert Reyes (Capitol
Group), and John Wayne Smith (Peebles- Smith) addressed the Board as speakers.
Comments by the Commissioners.
Item N4 Approval to enter into a contract with Earth Tech Enterprises, Inc. for an amount
not to exceed $99,000 to provide two years of operations, maintenance and
monitoring services, including the cost of electricity, for the two County -owned
Air Curtain systems, located within Doctor's Arm and Atlantic Estates on Big
Pine Key on Canal #266 (located between Baileys Lane and Witters Lane in
Doctor's Arm Big Pine Key) and on Canal #287 (located between Atlantis Drive
and Hollerich Drive in Big Pine Key). Rhonda Haag, Sustainability Coordinator,
addressed the Board. Discussion by Commissioners. A motion was made by
Commissioner Kolhage and seconded by Commissioner Neugent for approval.
Motion approved unanimously.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
COUNTY CLERK
Item M1 Amy Heavilin, County Clerk, expressed appreciation to the Public Work's staff
and Board's staff for assisting the Clerk with a large project recently. Clerk
recognized the following and extended a special thank you to each of the county
staff members; Sheryl Graham, Chrissy Collins, Willie DeSantis, Louis Tynes,
Miguel Gonzalez, Brandon Wallace, AJ Mira, James Sutton, Jerry Peak, and Kiki.
COUNTY ATTORNEY
Item 01 Bob Shillinger, County Attorney, addressed the Board with the following for
discussion; (1) The New Agenda Software. Staff has met with (IT) Information
Technology to address some of the concerns of the public as well as the concerns
of the commissioners i.e. Browser's, Divisions, and BOCC Administrative
procedures. (2) A member from our Human Services Advisory Board (Mr. Horan)
has requested legal staff to seek an Ethic's Opinion on his behalf as to whether he
can vote on certain items that are before that board, staff seeking direction to see
if there is a convict and if so how it can be managed. A Motion was made by
Commissioner Rice and seconded by Commissioner Neugent for the County
Attorney to seek Ethic's Opinion and once received, bring it back before the
Board for discussion. (3) Bob Shillinger, County Attorney, requested an
Attorney Client Closed Session in the matter of Monroe County Florida v.
Alexander Peacock Case Number CAP14 -1550 to be held on May 18, 2016 in
Key West at 1:30 p.m. Script was read into the record. A motion was made by
Commissioner Neugent and seconded by Commissioner Rice for approval.
Motion approved unanimously. (4) Fire Services Surtax; Staff has not sent the
formal request off for the Attorney General Opinion yet, staff seeking direction.
Staff was directed to not go forward in seeking the Attorney General Opinion.
Item 02 Approval of a settlement agreement in code case CE13060031 and case
number 15 -CA -327 -P between Monroe County and GMAC Mortgage, LLC,
regarding the property located at 367 King Avenue, Key Largo, FL 33037. A
motion was made by Commissioner Murphy and seconded by Commissioner
Kolhage. Motion approved unanimously.
Item 04 Approval to advertise a Public Hearing to consider approval of an ordinance
adding cigarette butts to the definition of "litter" in Section 21 -19 of the Monroe
County Code; creating Section 21- 21(D), making it unlawful to deposit cigarette
butts; and creating sections 21 -22 and 21 -23 of the Monroe County Code to
define penalties and enforcement. Bob Shillinger, County Attorney, addressed
the Board. After discussion, a motion was made by Commissioner Rice and
seconded by Commissioner Murphy. Motion approved unanimously.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item 010 Bob Shillinger, County Attorney, requested to hold an Attorney- Client Closed
Session in the matters of Monroe County BOCC v. Construct Group Corp. and
Berkley Regional Ins. Co., Case No. CA -K -15 -844 and Construct Group Corp. v.
Monroe County BOCC, Case No. CA -P -15 -563 at the regularly scheduled BOCC
meeting on May 18, 2016 in Key West, FL at 1:30 p.m. or as soon thereafter as
may be heard. Bob Shillinger read script into the record. A motion was made by
Commissioner Murphy and seconded by Commissioner Rice. No objections;
motion approved unanimously.
Item 011 Bob Shillinger, County Attorney, requested to hold an Attorney- Client Closed
Session in the matter of KW Resort Utilities Rate Application, Florida Public
Service Commission Docket No. 150071, at the regularly scheduled BOCC
meeting on May 18, 2016 in Key West, FL at 1:30 p.m. or as soon thereafter as
may be heard. Bob Shillinger read script into the record. A motion was made by
Commissioner Murphy and seconded by Commissioner Neugent. No objections;
motion approved unanimously.
PLANNING AND ENVIRONMENTL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS -BULK APPROVALS
Item H1 Appeal by Chrystal & James Parnell of determination by Director of Engineering
Services that landscaping installed on the right -of -way at 119 S. Bahama Drive,
Duck Key does not meet requirement of MCC 19 -33 and must be relocated.
(Quasi - Judicial Hearing). Bob Shillinger; County Attorney, explained to the
Board the context of a Quasi - Judicial Hearing. As explained under case law, any
exparte communication would need to be disclosed which occurred with any of
the interested parties. Commissioner Rice expressed he may have had a
discussion months ago that may have involved this matter but was unsure. Judith
Clarke, Director of Engineering, set the stage. Penny Mercill (representing
Summerland Key Cove Airport Company) elected to not speak- this was not the
topic. This public speaker was instructed to come back in May 2016 as part of
the Sounding Board. Discussion by Commissioners. A motion was made by
Commissioner Kolhage and seconded by Commissioner Murphy to deny the
appeal and to direct staff to proceed with it being removed within 30 days.
Motion approved unanimously.
COUNTY ADMINISTRATOR
Item N7 Discussion regarding Turkey Point Nuclear Generating Station, including
presentation by Florida Power and Light. Mike Sole, Vice President of State
Governmental Affairs at Florida Power & Light, presented a powerpoint
presentation addressing several viewpoints of Turkey Point. Discussion by
Commissioners. Laura Reynolds, Consultant for Southern Alliance for Clean
Energy, addressed the Board as well about concerns of Florida Power & Light -
Turkey Point. Discussion by Commissioners. Ed Swakon, EAS Engineering, Inc.
discussed the Saltwater Intrusion Plume. Discussion by Commissioners. Dotti
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Moses (representing Island of Key Largo Federation of Homeowner Associations,
Deb Curlee (representing Last Stand), Larry Francisco (representing Cudjoe
Gardens Property Owner's Association), Bill Hunter (representing Sugarloaf
Shores Property Owner's Association), Caroline McLaughlin (representing
National Parks Conservation Association), Diane Beruldsen, Jan Edelstein, and
final public speaker Vera Vasek (representing Upper Sugarloaf Resident's
Association. Commissioners commented and provided options and an outline of
ideas on how to move this process forward. Bob Shillinger, County Attorney,
addressed the Board.
Add On Item L4
COMMISSIONER'S ITEMS
Approval of a resolution expressing Monroe County's concern over the threat
posed to the Florida Keys Aqueduct Authority's (FKAA) Florida City wellfields
by the hypersaline plume emanating from Florida Power & Light Company's
(FPL) Cooling Canal System (CCS) at FPL's Turkey Point facility and expressing
Monroe County's desire to work cooperatively with Miami -Dade County and
other agencies to protect those wellfields. A motion to adopt the following
resolution was made by Mayor Carruthers and seconded by Commissioner
Murphy.
A Roll -Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Absent
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
RESOLUTION #087 -2016 IS INCORPORATED HEREIN BY REFERENCE
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
BULK APPROVALS
Item C28 Approval to waive error and award a contract to the lowest bidder Burke
Construction Group Inc., for the construction of the redevelopment of Bernstein
Park. Project is funded by Fund 314 2014 Revenue Bond Fund. Doug Sposito,
Director of Project Management, presented a presentation and set the stage. Staff
recommended that the Board accept the contract as designed. Discussion by
Commissioners. Public Speaker Diane Beruldsen (slide presentation shown). A
motion was made by Commissioner Rice and seconded by Commissioner
Kolhage to approve.
A Roll -Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Muprhy
Yes
Commissioner Neugent
Absent
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
PUBLIC HEARINGS
Item P1 A public hearing for a proposed abandonment of a portion of the right- of -way of
Seventh Avenue West right -of -way, adjacent to Lot 13, Block 18, Cudjoe
Gardens Sixth Addition, according to the Plat thereof as recorded in Plat Book 6,
at Page 66 of the Public Records of Monroe County, Florida. APPLICANT HAS
REQUESTED THE ITEM BE WITHDRAWN FROM CONSIDERATION. No
public speakers. A motion was made by Commissioner Murphy and seconded by
Mayor Carruthers to accept the withdrawal. Motion approved unanimously.
Item P2 A public hearing for a proposed abandonment of a portion of Spanish Main Drive,
CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat
thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe
County, Florida, adjacent to Lots 5, 6, & 7, Block 19 of the aforementioned Plat;
including agreement by applicant to construct Turnaround within area to be
abandoned and agreement for utility relocation as required by Florida Keys
Aqueduct Authority (FKAA). No public speakers. A motion was made by
Commissioner Murphy and seconded by Commissioner Rice for approval. Motion
approved unanimously.
RESOLUTION #107 -2016 IS INCORPORATED HEREIN BY REFERENCE
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APRIL 20, 2016
Item P3 A public hearing to consider an ordinance amending Section 18- 27(n)(1) and
(n)(2) of the Monroe County Code (MCC), to authorize freestyle bicycling in the
Skate and Bike Parks located at Key Largo Community Park and Big Pine Key
Park. No public speakers. A motion was made by Commissioner Rice and
seconded Commissioner Murphy to adopt the following ordinance. Motion
approved unanimously.
ORDINANCE #008 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item P4 A public hearing to consider an ordinance creating Sections 23 -43 through 23 -47
of the Monroe County Code, to provide a reduction in assessed value for
construction or reconstruction of homesteaded property completed after January
7, 2003 for the purpose of providing living quarters for parents or grandparents of
property owners, pursuant to F.S 193.703 and the 2002 amendment to the Florida
Constitution known as the "Granny Flats" Amendment. Bob Shillinger, County
Attorney, requested to move this item to the June 15 BOCC Meeting at 3 p.m.
A motion was made by Commissioner Rice and seconded by Commissioner
Kolhage. Motion approved unanimously.
Item P5 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, KEY
LARGO, APPROXIMATE MILE MARKER 96, 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, AS
PROPOSED BY MICRAN, INC.; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE
DATE. No public speakers. A motion was made by Commissioner Murphy and
seconded by by Commissioner Rice to adopt the following ordinance. Motion
approved unanimously.
ORDINANCE #009 -2016 IS INCORPORATED HEREIN BY REFERENCE
Page 14 of 18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item P6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN RESIDENTIAL (SR) TO
COMMERCIAL 2 (C2), FOR PROPERTY LOCATED AT 95710 OVERSEAS
HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 96,
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, AS PROPOSED BY MICRAN, INC.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
PROVIDING FOR AN EFFECTIVE DATE. No public speakers. A motion was
made by Commissioner Rice and seconded by Commissioner Murphy to adopt
the following ordinance. Motion approved unanimously.
ORDINANCE #010 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item P7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY
COMPREHENSIVE PLAN, CREATING POLICY 107.1.5 KEY LARGO
MIXED USE AREA 2, TO PROVIDE LIMITATIONS ONDEVELOPMENT
AND SPECIFIC RESTRICTIONS; TO ACCOMPANY A PROPOSED
AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) FROM
RESIDENTIAL LOW (RL) TO MIXED USE /COMMERCIAL (MC); FOR
PROPERTY LOCATED AT 97770 AND 97702 OVERSEAS HIGHWAY, KEY
LARGO, MILE MARKER 98, DESCRIBED AS PARCELS OF LAND IN
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, ISLAND OF KEY
LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBERS 00091000.000000 AND 00091020.000000; AS PROPOSED BY
SEE THE SEA OF KEY LARGO, INC. AND COCONUT BAY OF KEY
LARGO, INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE. No public speakers. A motion was made by Commissioner Murphy and
seconded by Commissioner Rice to adopt the following ordinance. Motion
approved unanimously.
ORDINANCE #011 -2016 IS INCORPORATED HEREIN BY REFERENCE
Page 15 of 18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item P8 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND
USE MAP FROM RESIDENTIAL LOW (RL) TO MIXED
USE /COMMERCIAL (MC) FOR PROPERTY LOCATED AT 97770 AND
97702 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 98,
DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP 62
SOUTH, RANGE 39 EAST, ISLAND OF KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS 00091000.000000 AND
00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY LARGO, INC.
AND COCONUT BAY OF KEY LARGO, INC.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN
AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING
FOR AN EFFECTIVE DATE. No public speakers. A motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the
following ordinance. Motion approved unanimously.
ORDINANCE #012 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item P9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN RESIDENTIAL (SR) TO
SUBURBAN COMMERCIAL (SC) FOR PROPERTY LOCATED AT 97770
AND 97702 OVERSEAS HIGHWAY, KEY LARGO, MILE MARKER 98,
DESCRIBED AS PARCELS OF LAND IN SECTION 6, TOWNSHIP
62 SOUTH, RANGE 39 EAST, ISLAND OF KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00091000.000000
AND 00091020.000000, AS PROPOSED BY SEE THE SEA OF KEY LARGO,
INC. AND COCONUT BAY OF KEY LARGO, INC.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
PROVIDING FOR AN EFFECTIVE DATE. No public speakers. A motion was
made by Commissioner Murphy and seconded by Commissioner Rice to adopt
the following ordinance. Motion approved unanimously.
ORDINANCE #013 -2016 IS INCORPORATED HEREIN BY REFERENCE
Page 16 of 18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
Item P10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND
USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO RECREATION
(R) AND CONSERVATION (C), FOR PROPERTY DESCRIBED AS A
PARCEL OF LAND IN SECTION 24, TOWNSHIP 59 SOUTH, RANGE 40
EAST, KEY LARGO, MONROE COUNTY, FLORIDA, AND ALSO BEING A
PORTION OF TRACT A, HARBOR COURSE SOUTH, SECTION ONE,
OCEAN REEF PLAT NO. 14 (PLAT BOOK 7, PAGE 9), KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00573690.003900, AS PROPOSED BY OCEAN REEF CLUB INC.;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE
LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE.
Item P11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) TO
PARKS AND REFUGE (PR) AND CONSERVATION DISTRICT (CD), FOR
PROPERTY DESCRIBED AS A PARCEL OF LAND IN SECTION 24,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, KEY LARGO, MONROE
COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT A,
HARBOR COURSE SOUTH, SECTION ONE, OCEAN REEF PLAT NO. 14
(PLAT BOOK 7, PAGE 9), KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00573690.003900, AS PROPOSED BY
OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND
USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
Item P10 & P11 heard together
Public speakers; Deb Curlee, Dottie Moses, and final speaker Joel Reed
(representing Ocean Reef Club). A motion was made by Commissioner Murphy
and seconded by Commissioner Rice to adopt the following ordinances for P 10
and P 11. Motion approved unanimously.
ITEM P10 ORDINANCE #014 -2016 IS INCORPORATED HEREIN BY REFERENCE
ITEM P11 ORDINANCE #015 -2016 IS INCORPORATED HEREIN BY REFERENCE
Page 17 of 18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 20, 2016
There being no further business, the meeting of the Board of County Commissioners was
ADJOURNED.
Clerk to the Monroe County, FL
Page 18 of 18
Board of County Commissioners
By: Cheryl Robertson
Executive Aide/Deputy Clerk
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Page 18 of 18
Board of County Commissioners
By: Cheryl Robertson
Executive Aide/Deputy Clerk