05/18/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Regular Meeting
Board of County Commissioners
Wednesday, May 18, 2016
Key West, Florida
A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m.
at the Harvey Government Center. Present and answering to roll call were Commissioner 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 Murphy and seconded by Commissioner
Rice 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 Presentation of the Employee of the Year Award to Anna Haskins, Special Needs
Coordinator, Social Services Department. Cheryl Graham, Director of Social
Services, addressed the Board.
Item B2 Presentation of Mayor's Proclamation observing May 16 -May 20, 2016 as Law
Enforcement Memorial Week in Monroe County. Rick Ramsey, Monroe County
Sheriff, addressed Board.
Item B3 Presentation of Mayor's Proclamation observing the week of May 21- 28, 2016 as
SAFE BOATING WEEK in Monroe County, Florida.
Item B4 Presentation of Mayor's Proclamation observing the Month of June 2016 as
FLORIDA KEYS SCENIC HIGHWAY AWARENESS MONTH in Monroe
County, Florida.
Item B5 Presentation of Mayor's Proclamation observing May 2016 as Motorcycle
Awareness Month in Monroe County, Florida.
Item B6 Presentation of Mayor's Proclamation observing June 2, 2016 as Gun Violence
Awareness Day in Monroe County, Florida.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
BULK APPROVALS
Mayor Heather Carruthers addressed the audience regarding the Rules of Bulk Approval's items.
Motion was made by Mayor Carruthers and seconded by Commissioner Neugent granting
approval of the following bulk items. Motion passed unanimously.
Item C 1 Board granted approval to accept a bid proposal and approve a contract with the
most responsive bidder "Island Fence ", to provide perimeter fence maintenance,
repair and modification services at the Key West International Airport. Financial
funding for any service provided will be paid by Airport Operating Fund 404,
FAA or FDOT grant sources.
Item C2 Board granted approval of Jacobs Project Management Co.'s Task Order # 12/14-
61 for Construction Support Services during construction of New Storage
Hangars at the Florida Keys Marathon International Airport, in the amount of
$135,250.00. To be paid 20% Airport Operating Fund 403 and 80% FDOT grant.
Item C3 Board granted approval to award bid and execute a contract with West
Construction, Inc. in the amount of $1,798,035.00 ($1,345,022.00 for the Base
Bid and $453,013.00 for Additive Bid #1) for Phase 1 Construction of new
Storage Hangars at the Florida Keys Marathon International Airport, to be funded
80% FDOT ($1,438,428.00) and 20% Airport Operating Fund 403 ($359,607.00).
Item C4 Board granted approval to renew contract between the Florida Keys Marathon
International Airport and Jayne's Cleaning Service, Inc. for One (1) additional two
(2) year period, in the amount of $22,800.00 per year to be paid 100% from
Airport Operating Fund 403.
Item C5 Board granted approval and endorsement of notice of cancellation of Traffic
Signal Maintenance and Compensation Agreement with Florida Department of
Transportation (FDOT). Cancellation will be effective July 1, 2018.
Item C6 Board granted approval to advertise a public hearing to amend Section 19 -5 of the
Monroe County Code to prohibit fishing from the Sugarloaf Blvd Bridge (CR939
(Sugarloaf Blvd) Monroe County Bridge #904153 over unnamed channel).
Item C7 Board granted approval of Amendment 2 to the Agreement for Disaster Response
and Recovery Services with DRC Emergency Services, LLC to update
Miscellaneous Provisions due to changes in the Federal Emergency Management
Agency (FEMA) procedures outlined in the FEMA Super Circular.
Item C8 Board granted approval of Amendment 2 to the Agreement for Hurricane Debris
Monitoring and Disaster Related Services with Tetra Tech, Inc. to update
Miscellaneous Provisions due to changes in the Federal Emergency Management
Agency (FEMA) procedures outlined in the FEMA Super Circular.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Item C9 Board granted approval of Amendment 1 to Contract with Paradise Divers, Inc.
for Temporary Ferry Service between the City of Marathon and Pigeon Key,
extending the expiration date to June 30, 2017. Annual contract term to run July
1, 2016 — June 30, 2017 at total contract cost of $231,249.40 with contributions
from FDOT in amount of $125,000.00, City of Marathon in amount of $17,343.75
and Pigeon Key Foundation in amount of $1,406.25.
Item C11 Board granted approval to reduce the tipping fee to $89.00 at the Monroe County
Transfer Stations for the Lobster and Stone Crab Trap Retrieval Program.
Item C12 Board granted approval to advertise for sealed bids for security patrols and
services to the Duck Key Security District.
Item C13 Board granted 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.
Resolution #109 -2016 receipt of unanticipated funds for Fund 158
Resolution #110 -2016 transfer of funds for Fund 001 &503
Resolution #111 -2016 receipt of unanticipated funds for Fund 125
Resolution #112 -2016 transfer of funds for Fund 148
Resolution #113 -2016 transfer of funds for Fund 404
Item C 14 Board granted approval to Advertise a Request for Proposals for Fully Insured
Vision Benefits for eligible active employees and retirees.
Item C15 Board granted approval of 2nd Amendment to Agreement between Monroe
County Social Services and Tranquility Bay Adult Day Care to increase the not to
exceed amount from $50,000.00 to $80,000.00 for contract period ending
6/30/2016.
Item C16 Board granted approval of 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, 2016 from 10 a.m. until 10 p.m. for the Lower Keys Rotary Annual
Community Independence Day Celebration.
RESOLUTION #114 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C17 Board granted approval to enter into a one -year residential renewal lease
agreement commencing June 1, 2016 with a County Employee (JM) for Location
E in Key Largo.
Item C 18 Board granted approval to enter into a one -year residential renewal lease
agreement commencing June 1, 2016 with a County Employee (TO) for Location
F in Key Largo.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Item C19 Board granted approval to reject all responses to Rowell's Waterfront Park request
for qualifications per FDOT's direction that an insufficient number of responses
were received and the scope description needs revision, and approval to advertise
a new RFQ.
Item C21 Board granted approval to advertise a request for proposals for repairs and
improvements to the Stock Island Fire Station HVAC system. The repair project
will be funded by the one cent infrastructure sales tax.
Item C22 Board granted approval of the first of (2) two optional (2) two year Renewal
Agreement with Pamela Uslander for a mobile food concession at Higgs Beach.
Lessee became current on all payments and has continued to perform well during
the evaluation period. The Lessee has timely requested a renewal of her lease as
provided for in her original Agreement.
Item C23 Board granted receipt of monthly report on change orders reviewed by the County
Administrator's office.
Item D 1 Board granted approval of a resolution transferring funds for County Cost
Allocations.
RESOLUTION #115 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item D2 Board granted approval of an Amendment to Agreement with The Studios of Key
West, Inc. To extend the termination date of the agreement to September 30, 2017
and to revise Exhibit A outlining scope of services for the Beacon of the Arts
Phase III Project.
Item D3 Board granted approval of Amendment to Agreement with The Studios of Key
West, Inc to extend the termination date of the Studios of Key West Rooftop
Garden & Exhibition Space Project to September 30, 2017.
Item D4 Board granted approval of Amendment to Agreement with The City of Key West
to extend the termination date for the Truman Waterfront Park Amphitheater and
Public Parking Project to September 30, 2017.
Item D5 Board granted approval of an Agreement with The Key Largo Chamber of
Commerce, Inc. To provide Visitor Information Services in an amount not to
exceed $149,100 per year commencing October 1, 2016.
Item D6 Board granted approval of an Amendment to Agreement with Key West Botanical
Garden Society, Inc to revise Exhibit A outlining scope of services for the
Botanical Garden Gate, Water Fountain, Sign and Kiosk Project.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Item I2 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and ASAP, Inc. to
provide derelict vessel, floating structure and marine debris removal services for
an additional two year term.
Item I3 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Adventure
Environmental, Inc. To Provide Derelict Vessel, Floating Structure And Marine
Debris Removal Services For An Additional Two Year Term.
Item I4 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Coffin Marine
Services, Inc. to provide derelict vessel, floating structure and marine debris
removal services for an additional two year term.
Item I5 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Arnold's Auto
and Marine Repair, Inc. to provide derelict vessel, floating structure and marine
debris removal services for an additional two year term.
Item I6 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Lower Keys
Marine Towing and Salvage, Inc. to provide derelict vessel, floating structure and
marine debris removal services for an additional two year term.
Item I7 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Blue Water
Marine Services, Inc. to provide derelict vessel, floating structure and marine
debris removal services for an additional two year term.
Item I8 Board granted approval of Amendment to Contract (Amendment) between the
Monroe County Board of County Commissioners (County) and Upper Keys
Marine Construction, Inc. to provide derelict vessel, floating structure and marine
debris removal services for an additional two year term.
Item N2 Board granted approval For your Information Only, Fixed Asset transfer between
departments for May 2016.
Item N3 Board granted approval of 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 your Information Only.
Item N4 Board granted approval For your Information Only, Fixed Asset inventories by
Custodian for FY 2016.
Item N5 Board granted approval of Fixed Asset Surplus requests for May 2016.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Item N6 Board granted approval of Tourist Development Council expenses for the Month
of April 2016.
Item N7 Board granted approval of BOCC Warrants (Including Payroll) For The Month of
April 2016.
Item N8 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 02 Board granted Ratification by the Board of two small contracts, All Power
Generators Corp for $45,000.00 and Facility Dude for $49,717.20 signed by the
County Administrator.
Item 03 Board granted approval of Amendment No. 10 to the Contract for Engineering,
Design and Permitting Services of the Demonstration Projects, with AMEC
Foster Wheeler Environment and Infrastructure, Inc. to provide Additional
Assessment, Technology Ranking Criteria Matrix, Conceptual Plan and Engineers
Cost Estimate Services related to the Technology Evaluation for the Canal #278
Eden Pines in Big Pine Key, Monroe County, Florida in an amount not to exceed
$31,792.20.
Item P2 Board granted authorization to initiate litigation against Jennifer and Rolando
Garcia and the property located at 170 Bahama Ave, Key Largo, Florida, to seek
compliance with the County code and enforce a lien arising from Code
Compliance case number CE15020106.
Item P3 Board granted authorization to initiate litigation against Kenneth Paul Heaps and
the property located at 123 Point Pleasant Dr., Key Largo, Florida, to seek
compliance with the County code and enforce a lien arising from Code
Compliance case number CE15030032.
Item P4 Board granted authorization to initiate litigation against Geoffrey Bailey and the
property located at 98801 Overseas Hwy, Key Largo, Florida, to seek compliance
with the County code and enforce a lien arising from Code Compliance case
number CE14080127.
Item P5 Board granted authorization to initiate litigation against Marie Claude Rodney and
Pascal Rodney and the property located at 414 Laguna Ave., Key Largo, Florida,
to seek compliance with the County code and enforce a lien arising from Code
Compliance case number CE 15020186.
Item P7 Board granted approval of transfer of title to County Vehicle No. 0800 -8403,
2015 Ford Transit XLT, to Allstate Insurance Co., in exchange for a total loss
payment of vehicle and authorization for Mayor to execute all necessary
documents.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Item P8 Board granted approval to advertise for a public hearing to consider an ordinance
amending Sec. 2- 110(3) and Sec. 2- 111(a) of the Monroe County Code to
increase the County's reimbursement rates for subsistence (meals) while on
travel, allowing for the purchase and/or reimbursement of refundable airlines
tickets, allowing for the purchase of travel insurance, and authorizing use of
chartered airline service when determined by the County Administrator to be the
most cost effective method of travel for the County.
Item P10 Board granted rescission of Item 0-8 from BOCC 4/20/2016 meeting due to
incorrect renewal premium for Windstorm Insurance Policy and approval to pay
correct renewal premium amount of $438,144.00 for Windstorm coverage on
County buildings.
Item S 1 Board granted approval of Amendment to Management Agreement with The
Young Men's Christian Association of South Florida, Inc. (YMCA) to remove the
Key Largo Community Park -Skate and Bike Park facility from contractual scope
of management, supervision, operation and direction services.
Item S2 Board granted approval of 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
AM to 11:30 AM for the annual 4th of July Parade sponsored by The Reporter
Newspaper.
RESOLUTION #118 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item S3 Board granted approval of an exception to Section 2.02C of the personnel policies
and approval to create a new Case Manager position (FTE) to be occupied for up
to six months overlapping with the current Case Manager who is retiring at the
end of Feb., 2017.
Item S4 Board granted Official Approval of April 13, 2016 Special BOCC Meeting
Minutes.
PUBLIC HEARINGS
Item Q6 An ordinance by the Monroe County Board of County Commissioners amending
the Monroe County Land Use District (Zoning) Map from Suburban Commercial
(SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas
Highway, Little Torch Key, Mile Marker 28.5 Oceanside, legally described as
parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66
South, Range 29 East, Little Torch Key, Monroe County, Florida, having real
estate numbers 00113570- 000000, 00113570- 000100, 00113570- 000200,
00113590- 000000 and 00113620- 000000, as proposed by Patrick R. and Diane
Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD;
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
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
for an effective date. (4 /5th vote required for approval). Steve Williams,
Assistant County Attorney, received a formal request for a continuance from the
applicant. Mayte Santamaria, Senior Director of Planning and Environmental
Resources, discussed the length of the continuance with the Board requesting a 6
months continuance until November 22 BOCC Meeting held in Key West. A
motion was made by Commissioner Rice and seconded by Commissioner Murphy
to approve the continuance. Motion approved unanimously.
A motion was also made by the Commissioner Kolhage and seconded by
Commissioner Rice to add item S6 for Discussion and Direction of Fire Rescue
for this afternoon. Motion approved unanimously.
COUNTY ADMINISTRATOR
Item 04 Discussion and direction regarding becoming a member of the Key West Historic
Marker Tour and placement of Historical Markers on County owned building by
Historic Markers, Inc. Bruce Neff, Executive Director of Historic Markers Inc.,
addressed the Board to speak about their project. After discussion, Commissioner
Rice made a motion to approve funds for a Historic Marker seconded by Mayor
Carruthers. Motion approved unanimously.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item J2 Presentation of the 10th Annual Monitoring report on the implementation of the
Incidental Take Permit and associated Habitat Conservation Plan for Florida Key
deer and other protected species on Big Pine Key and No Name Key. Michael
Roberts, Senior Administrator of Environmental Resources, presented a
presentation to the Board. The recommendation is to accept the report and submit
to USFWS. Christine Hurley, Division Director of Growth Management
addressed the Board. After discussion, Commissioner Neugent motioned to accept
report and submit to United States Fish & Wildlife Services, seconded by
Commissioner Murphy. Motion approved unanimously.
Item J3 Presentation by Adam Emerick, Biologist for the National Key Deer Refuge, on
status of the Key deer population and the USFWS involvement in recovery, the
trends in mortality as they relate to history, location, sex, and age, and the current/
future management that the Refuge is /will be implementing. Adam Emerick,
Biologist for the National Key Deer Refuge, presented a presentation.
Discussion by Commissioners.
ADD -ON ITEMS
Item S6 Discussion and Direction regarding Fire Rescue and Law Enforcement regarding
potential rumors of multiple ambulance issues. Rick Ramsey, Monroe County
Sheriff addressed the Board. Discussion by Commissioners.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
SOUNDING BOARD
Item R1 Request to speak to the County Commissioners regarding the Summerland Key
Cove Airport Signs - Penny Merrill. Judith Clarke; Director of Engineering and
Bob Shillinger; County Attorney addressed the Board. Staff has direction to
research and bring back as a discussion item before the Board.
CLOSED SESSION
Item K1 An Attorney - Client Closed Session in the matter of KW Resort Utilities Rate
Application, Florida Public Service Commission Docket No. 150071. Bob
Shillinger, County Attorney, read script into the record.
Item K2 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.
Bob Shillinger, County Attorney, requested to continue Item K2 to the June 15
BOCC meeting held in Key Largo at 1:30 pm. A Motion was made by
Commissioner Rice and seconded by Commissioner Murphy. Motion approved
unanimously.
Item K3 An Attorney- Client Closed Session in the matter of Monroe County, Florida vs.
Alexandra Peacock, Case No. CA P- 15 -50. Bob Shillinger, County Attorney,
stated Item K3 to be taken off, no need for a close session at this time.
Mayor Heather Carruthers declared the closed meeting ended and returned to the
open session.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item J1 Approval of a Resolution establishing an interim flat -fee of $400.00, or applying
the existing 1.5% fee, whichever is less, to specifically cover the County's
qualification of occupants, and direction related to two requests to waive the
administrative fees included within the County's affordable housing ground
leases, which were originally intended to reimburse the County for the
coordination of affordable housing. Mayte Santamaria, Senior Director,
addressed the Board. No public speakers. Bob Shillinger, County Attorney,
addressed Commissioner Kolhage's question about a potential conflict. A Motion
was made by Mayor Carruthers and seconded by Commissioner Rice to adopt the
following resolution. Motion approved unanimously.
RESOLUTION #116 -2016 IS INCORPORATED HEREIN BY REFERENCE
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
BULK APPROVALS
Item C10 Approval by resolution of a Locally Funded Agreement with Florida Department
of Transportation (FDOT) for Monroe County's Initial Capital Improvement
"Year 0" contribution of $2,700,000 for the repair and rehabilitation of the Old
Seven Mile Bridge from Knights Key to Pigeon Key. Kevin Wilson, Public
Works and Engineering, addressed the Board to answer Commissioner Kolhage's
questions. Roman Gastesi, County Administrator, addressed the Board as well.
A Motion was made by Commissioner Rice and seconded by Commissioner
Neugent to adopt the following resolution. Motion approved unanimously.
RESOLUTIOIN #108 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C20 Approval to negotiate a contract with CPH, Inc., the highest ranked respondent,
for programming and design through construction administration for a new
Cudjoe Fire Station. This project is funded through the one cent infrastructure tax.
Doug Sposito, Director of Project Management present. Roman Gastesi, County
Administrator addressed the Board. After discussion, staff has direction as to
what needs to be done. A motion was made by Commissioner Murphy for
approval and seconded by Commissioner Neugent to negotiate a contract with
CPH, Inc. Motion approved unanimously.
PROJECT MANAGEMENT
Item Hl Discussion on the implementation of an Integrated Pest Management policy
(IPM) to maintain the integrity of County buildings and grounds, to protect the
health and safety of the public and staff, and to maintain a productive working
environment. Doug Sposito, Director of Project Management, addressed the
Board. Discussion by Commissioners. The goal by staff is to bring back to the
Commission the replacement policy for adoption by the new fiscal year.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS -BULK APPROVALS
Item I1 Approval of the selection of a Boating Improvement Fund (BIF) grant funding
request for FY' 17 submitted by the Village of Islamorada (Village) for regulatory
buoy maintenance in the amount of $18,000, and direction for staff to draft an
Inter -Local Agreement (ILA) between Monroe County (County) and the Village.
A Motion was made by Commissioner Neugent and seconded by Commissioner
Rice for approval. Motion approved unanimously.
PROJECT MANAGEMENT
Item H2 Approval of an inter -local agreement with the City of Key West Housing
Authority to renovate and utilize the Senior Citizen Plaza kitchen for the County's
Congregate Meal Program and seniors' social activities. The renovations will be
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MAY 18, 2016
funded from the one -cent infrastructure tax. Kevin Wilson, Public Works and
Engineering, sets the stage. Doug Sposito, Director of Project Management
addressed the Board as well as Sheryl Graham, Director of Social Services and J.
Manuel Castillo Sr., Executive Director of Monroe County Housing Authority.
Page Haverty, Darlene Bennett (representing AARP), Terri Gedmin (representing
AARP Local 1351), Randy Becker, Judy Martinez, David Rose (representing
AARP), Noelle Plagens (representing AARP), and Louis Latorre (representing the
elderly) addressed the Board as public speakers. After discussion, a motion was
made by Commissioner Murphy and seconded by Commissioner Kolhage to go
along with staff's recommendation to change the timing to 5 years, strike out the
renewal term, and change the amortization from 20 to 5. Motion approved
unanimously.
PUBLIC HEARINGS
Item Q 1 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 -22of the Monroe County Code to define penalties and
enforcement. No public speakers. A Motion was made by Commissioner Rice
and seconded by Commissioner Neugent. Motion approved unanimously.
ORDINANCE #016 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item Q2 Public Hearing to consider an Ordinance amending Sections 174(b) and 18 -1 and
creating Section 17 -4(e) 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. No
public speakers. A Motion was made by Commissioner Murphy and seconded by
Commissioner Neugent. Motion approved unanimously.
ORDINANCE #017 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item Q3 A Public Hearing to consider approval of a resolution for a Budget Amendment of
Fiscal Year 2016 Impact Fees Employee Fair Share Housing Fund 136. No
public speakers. A Motion was made by Commissioner Murphy and seconded by
Commissioner Rice. Motion approved unanimously.
RESOLUTION #117 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item Q4 An ordinance by the Monroe County Board Of County Commissioners amending
the Livable Communikeys Program Master Plan for Future Development of Big
Pine Key and No Name Key amending the tier designation for property owned by
Longstock II, LLC, legally described as lots 1, 2, 3, 4 and 5, block 1; lots 1
through 18 block 2, Sam -N -Joe Subdivision Plat Book 3 Page 76 of the public
records of Monroe County Florida and lots 1 through 9, block 3, Darios
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
Subdivision Plat Book 3 Page 92 of the public records of Monroe County Florida;
having real estate numbers 00300090 - 000000; 00300180 - 000000; 00300590-
000000 and 00300670 - 000000 from Tier I to Tier III on Figure 2.1 (Tier map for
Big Pine Key and No Name Key); creating Action Item 3.3.5 to restrict the
development of the four subject parcels to only affordable housing; providing for
severability; providing for the repeal of inconsistent provisions; providing for the
transmittal to the State Land Planning Agency; providing for the filing with the
Secretary of State and for an effective date; and providing for the inclusion in the
Monroe County 2010 Comprehensive Plan. Mayte Santamaria, Senior Director of
Planning and Environmental Resources, sets the stage. Alicia Putney
(representing Key Deer Protection Alliance) and Deb Curlee (representing Last
Stand) addressed the Board as public speakers. Attorney Bart Smith on behalf of
the applicant addressed the Board. Discussion by Commissioners. Commissioner
Rice moved staff's recommendation, seconded by Commissioner Murphy.
A Roll -Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
ORDINANCE #018 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item Q5 An ordinance by the Monroe County Board of County Commissioners amending
the Tier Overlay District Map designation from Tier I to Tier III for property
owned by Longstock II, LLC, legally described as lots 1, 2, 3, 4 and 5, block 1;
lots 1 through 18 block 2, Sam -N -Joe Subdivision Plat Book 3 Page 76 of the
public records of Monroe County Florida and lots 1 through 9, block 3, Darios
Subdivision Plat Book 3 Page 92 of the public records of Monroe County Florida;
having real estate numbers 00300090 - 000000; 00300180- 000000; 00300590-
000000 and 00300670 - 000000; providing for severability; providing for the
repeal of inconsistent provisions; providing for the transmittal to the State Land
Planning Agency and the Secretary of State; providing for amendment to the Tier
Overlay District map and providing for an effective date. No public speakers.
A Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to adopt the following Ordinance. Motion approved unanimously.
ORDINANCE #019 -2016 IS INCORPORATED HEREIN BY REFERENCE
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MAY 18, 2016
STAFF REPORTS
Kevin Wilson, Public Works and Engineering, provided an update to the Board on
Rowells, Card Sound Road Toll Authority, and Old Seven Project & Phase.
Alan MacEachern, Director of Information Technology, addressed the Board to
answer Mayor Carruther's question.
SHERIFF'S OFFICE
Item L1 Approval of FY 2016 recommendations of the Monroe County Shared Asset
Forfeiture Fund Advisory Board. Bob Shillinger, County Attorney, addressed the
Board regarding the Domestic Abuse Shelter item #24 in the agenda backup.
Recommending approving everything else except for item #24, will bring back
before the board once ready to go. Commissioner Kolhage moved the
recommendation minus #24, seconded by Commissioner Murphy. Motion
approved unanimously.
COUNTY CLERK
Item N1 Amy Heavilin, County Clerk, provided the Board with an update on the Audit of
the Medical Examiner's Office. Last week my staff completed their audit for the
Medical Examiner's Office and has distributed an electronic version as well as a
hard copy to each member of the Commission and county staff (attached letter for
reference). Amy Heavilin also gave thanks to her team Reuben Iyamu (Director
of Internal Audit) and Ron Saunders (Legal Advisor) and the County Attorney's
Office for a great job well done. Roman Gastesi; County Administrator, Bob
Shillinger; County Attorney, and Cynthia Hall; Assistant County Attorney
addressed the Board regarding the Medical Examiner. Discussion by the
Commissioners.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator, provided a written report to the Board and
information about a FPL Saltwater Intrusion Senate Committee held in
Homestead that several staff members attended. Commissioner Murphy
commented as well as Bob Shillinger, County Attorney. Discussion by the
Commissioners.
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MAY 18, 2016
COUNTY ATTORNEY
Item P 1 Bob Shillinger, County Attorney, provided a written report to the Board. Bob
Shillinger also introduced Marie Haywood and Paul Witkiewitz both of which are
interns /law clerks under the Collins Scholars Program to the Board. County
Attorney requested an Attorney- Client Closed Session in the matter of the
Aqueduct Case No. CAK -16 -439 at the June 15, 2016 BOCC meeting held in
Key Largo at 1:30pm (script read into the record). A motion was made by
Commission Neugent and seconded by Commissioner Murphy. Motion approved
unanimously.
Steve Williams, Assistant County Attorney, addressed the Board regarding John
Anderson who acquired property over the internet. Staff seeking the Board
authority as to the settlement. After discussion, staff had direction. A Motion was
made by Commissioner Murphy and seconded by Commissioner Kolhage as to
that direction. Motion approved unanimously
Pedro Mercado, Assistant County Attorney, addressed the Board on another
issue. Staff seeking direction to pursue and take any legal remedies that we are
entitled too. A motion was made by Commissioner Kolhage and seconded by
Commissioner Neugent. Motion approved unanimously.
Item P6 Discussion and direction regarding amending MCC § 18 -2 that prohibits
possession and consumption of alcoholic beverages on public beaches and parks
to provide the County Administrator with authority to waive the prohibitions. A
motion was made by Commissioner Rice and seconded by Commissioner
Kolhage to move ahead. Motion approved unanimously.
Item P9 Bob Shillinger, County Attorney, requested to hold an Attorney- Client Closed
Session in the matter of Keith Cohen and Cheri Cohen v. Monroe County,
Florida, Case No. 15- 10167- CIV- MARTINEZ- GOODMAN at the regularly
scheduled BOCC meeting on June 15, 2016 in Key Largo, FL at 1:30 p.m. or as
soon thereafter as may be heard. Script read into the record. A Motion was made
by Commissioner Rice and seconded by Commissioner Kolhage. Motion
approved unanimously.
Page 14 of 16
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
ADD -ON ITEMS
Item S5 Approval of an Emergency Ordinance creating Rowell's Waterfront Park and
providing park hours and permissible and prohibited activities. Bob Shillinger,
County Attorney, addressed the Board. A Motion was made by Commissioner
Neugent and seconded by Commissioner Murphy to adopt the following
Ordinance.
A Roll -Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
ORDINANCE #020 -2016 IS INCORPORATED HEREIN BY REFERENCE
Page 15 of 16
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAY 18, 2016
There being no further business, the meeting of the Board of County Commissioners was
ADJOURNED.
,inty, FL
Board of County Commissioners
By: Cheryl Robertson
Executive Aide/Deputy Clerk
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