12/17/2008 Regular
276
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 17, 2008
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 Heather Carruthers, Commissioner Mario DiGennaro,
Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R.
Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick,
Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage,
Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Commissioner Carruthers informed the Board she is traveling to Washington, DC
to attend the Presidential Inauguration and is eager to discuss county related issues with
representatives.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval of Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of a Key Largo wood rat poster by Ann Morkill, Project Leader of
Florida Keys Refuges to Monroe County for display in the Division of Growth
Management offices.
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval of the following items by unanimous consent:
Board granted approval of a Federally-Funded Subgrant Agreement between
Monroe County and the State of Florida, Division of Emergency Management concerning
a Citizen Corps Agreement, Contract Number: 09CC in the amount of$7,500.00; and
authorized the County Administrator to execute any other required documentation in
relation to the application process.
Board granted approval of an Agreement between Monroe County and the State
of Florida, Division of Emergency Management concerning a Community Emergency
Response Team (CERT) Agreement Contract Number: 09CI in the amount of
277
$10,000.00; and authorized the County Administrator to execute any other required
documentation in relation to the application process.
Board granted approval ofFY 08 Federally-Funded Subgrant Agreement between
Monroe County and the State of Florida, Division of Emergency Management Grant
Program Agreement 08-DS-51-11-54-01; and authorized the County Administrator to
execute any other required documentation in relation to the application process.
Board granted approval to award bid and enter into an Agreement between
Monroe County and Post, Buckley, Schuh & Jernigan (PBS&J) to provide Professional
Services for Review and Update of Public Works All-Hazard Emergency Plan of County,
Government Agencies and Municipalities with Monroe County; and authorized the
County Administrator to execute any other required documentation in relation to the
review and update process.
Board granted approval of and authorized execution of a Suncom Network
Services Agreement between Monroe County and the State of Florida, Department of
Management Services Enterprise Information Technology Service.
Board granted approval of the receipt of the monthly report on Change Orders
reviewed by the County Administrator's Office. Said document is incorporated herein by
reference.
Board granted approval and authorized execution of the Local Governmental
Agreement between Monroe County and the South Florida Water Management District
(SFWMD), Agreement No. 4600001593 to provide $500,000 funding for stormwater
management projects.
Board adopted the following Resolution approving reactivating the Community
Development Block Grant (CDBG) Citizens Advisory Task Force and setting the term of
service for members at four years.
RESOLUTION NO. 488-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolutions concerning the Transfer of Funds, the
Receipt of Unanticipated Revenue, and Amending Funds.
Amending Resolution No. 435-2008 (OMB Schedule Item No.1).
RESOLUTION NO. 489-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 490-2008
Said Resolution is incorporated herein by reference.
278
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 491-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 492-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 493-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 494-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 495-2008
Said Resolution is incorporated herein by reference.
Resolution amending Resolution No. 369-2008 (OMB Schedule Item No.8).
RESOLUTION NO. 496-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 497-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.1 0).
RESOLUTION NO. 498-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 499-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 500-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment 001 to the
Community Care for the Elderly (CCE) Contract #KC871 between the Alliance for
Aging, Inc., (Area Agency on Aging for Miami-Dade and Monroe Counties) and the
Monroe County Board of County Commissioners (Social Services/In- Home Services) for
fiscal year 7/01/08 to 6/30109.
279
Board granted approval and authorized execution of the Renewal of the Home and
Community Based Services Aged and Disabled Adult Medicaid Waiver (ADA-MW)
Contract between the Alliance for Aging, Inc., and the Monroe County Board of County
Commissioners (Monroe County In-Home and Nutrition Services Program) for Direct In-
Home Services.
Board granted approval and authorized execution of the Older Americans Act
(OAA) Contract #AA-929(1I1109-12/31109) for Titles III-B, C-I, C-II, and III-E between
the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe
Counties) and the Monroe County Board of County Commissioners/Monroe County In-
Home and Nutrition Services.
Board granted approval and authorized execution of the Community Care for
Disabled Adults (CCDA) Contract #KG061- between the State of Florida, Department of
Children & families and the Monroe County Board of County Commissioners/Monroe
County In-Home Services. This Contract is for Fiscal Year January 1, 2009 through June
30, 2010.
Board granted approval and authorized execution of an Amendment to Extend
Agreement between Monroe County and GA Food Service, Inc., for a period not to
exceed 90 days for the Monroe County Nutrition Program.
Board rescinded Agenda Item L-7 from November 19,2008 and approved
execution of Resolution No. 486-2008 concerning a Declaration of Official Intent under
U.S. Treasury Regulations with respect to reimbursement from note and bond proceeds of
temporary advances made for payments prior to issuance; and designation of the County
Administrator as the authorized officer for purposes of executing documents related
thereto.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events
Agreement between Monroe County and Bauer Restaurant, Inc. to cover Key West
Songwriter's Festival on April 29 - May 3, 2009 in an amount not to exceed $45,000,
DAC I, FY 2009 Event Resources.
Board granted approval to revise the 2009/1 0 Cultural Umbrella Event
Application used by the Florida Keys Council of the Arts to make recommendations to
the Monroe County Tourist Development Council concerning funding for tourism related
cultural activities. This is just a change to the scoring within the application process.
Board granted approval and authorized execution of a Grant Award Agreement
between Monroe County and the Key West Botanical Garden Society, Inc. for the
Renovation of the Nature Chapel project in an amount not to exceed $44,000, DAC I, FY
2009 Capital Resources.
280
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Key West Botanical Garden Society, Inc. to extend
termination date to July 30, 2009.
Board granted approval and authorized execution of a Turn Key Events
Agreement between Monroe County and the Conch Republic Offshore Power Boat
Racing Association, Inc. covering the Key West World Championship Race in an amount
not to exceed $75,000, DAC I, FY 2009 Event Resources.
Board granted approval and authorized execution of a Destination Events
Agreement between Monroe County and the Lower Keys Chamber of Commerce, Inc.
covering Big Pine and Lower Keys Island Art Festival on December 13, 2009 in an
amount not to exceed $9,000, DAC II, FY 2009 Event Resources.
Board granted approval and authorized execution of an Addendum to Agreement
between Monroe County and C.B. Schmitt Real Estate Co., Inc. to provide office and
parking space for the Monroe County Tourist Development Council Administrative
Office.
Board granted approval and authorized execution of an Amendment (l st
Amendment) to Agreement between Monroe County and Redbone, Inc. to revise dates of
the Mercury Baybone Celebrity Tournament to October, 2009 in an amount not to exceed
$7,000, FY 2009 Two Penny Fishing Umbrella Funding.
Board granted approval and authorized execution of an Amendment (l st
Amendment) to Agreement between Monroe County and Redbone, Inc. to revise date of
the Mercury Baybone Celebrity Tournament to October 2008, in an amount not to exceed
$7,000, Two Penny Fishing Umbrella Funding.
Board adopted the following Resolution concerning the Transfer of Funds.
RESOLUTION NO. 501-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Destination Events
Agreement between Monroe County and Upper Keys Business Group, Inc. covering the
Key Largo Singers & Songwriters Festival in May 2009, in an amount not to exceed
$25,000, DAC V, FY 2009 Event Resources.
Board granted approval and authorized execution of a 1 st Amendment to
Agreement between Monroe County and Key West Inn Keepers Association, Inc., to
correct date of the Lighted Historic Tour to November and December, 2007 in the
amount not to exceed $3,000 FY 2008 Two Penny Cultural Umbrella Funding.
Board granted approval and authorized execution an Amendment (2nd
Amendment) to Agreement between Monroe County and Florida Keys Land and Sea
281
Trust, Inc. for Crane House Restoration Project in an amount not to exceed $172,000,
DAC III, FY 2009 Capital Resources.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of the selected contractor, Dot Palm Landscaping, Inc.,
and authorized execution of a Contract for Professional services for the removal of
invasive exotic plant species from conservation lands that are owned or managed by
Monroe County.
Board acknowledged the receipt of the Affordable Housing Advisory Committee's
recommendations to amend the Local Housing Assistance Plan, which will be considered
and voted upon by the Board of County Commissioners within 90 days.
Board granted approval of the selected contractor, GMR Aerial Surveys, Inc. and
authorized execution of a Contract for Professional Services for the development of a
Geospatial Land Cover Dataset for the Florida Keys.
MONROE COUNTY HEALTH DEPARTMENT
Board adopted the following Resolution authorizing the Monroe County Health
Department to establish fees specifically for primary care services, community public
health services, vital statistics, medical records, public records and returned/dishonored
checks offered at the Monroe County Health Department as set forth in Exhibit "A"
attached and made a part of the Resolution.
RESOLUTION NO. 502-2008
Said Resolution is incorporated herein by reference.
Board ratified changes to Attachment II, Part II of the Fiscal Year 2009 Core
Contract between Monroe County the Monroe County Health Department, approved at
the October 15,2008 meeting.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Wigington's reappointment of Nance
Frank to Art In Public Places Committee for a four year term, expiring November 1,
2012.
Board granted approval of the Elected Official Bond for Mayor Pro Tern Sylvia J.
Murphy, term of bond is November 15,2008 to November 15,2010.
Board granted approval of Commissioner Murphy's reappointment of Bill Loewy
to the Monroe County Shared Asset Forfeiture Committee, term to expire on December
20,2010.
282
Board granted approval of Mayor Neugent's reappointment of Bob Mock to the
Parks and Recreation Board, term to expire on January 1, 2013.
Board adopted the following Resolution recognizing December 21, 2008 as
National Homeless Persons' Memorial Day.
RESOLUTION NO. 503-2008
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner DiGennaro's reappointment of Christine
Tejera to serve on the Parks & Recreation Board as the District 4 representative, term to
expire on January 1,2013.
Board granted approval of the Elected Official Bond for Commissioner Kim
Wigington.
Board granted approval of the Elected Official Bond for Commissioner Heather
Carruthers.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Regular BOCC meeting held on October 15,2008 (previously distributed).
Board granted approval of the following Warrants (104073 - 104101 & 534728 -
535683): Fine & Forfeiture Fund (101), in the amount of$659,318.82; TDC District
Two Penny (115), in the amount of $3, 193,421.52; TDC Admin. & Promo 2 Cent
(116), in the amount of$165,888.20; TDC District 1,3 Cent (117), in the amount of
$336,469.44; TDC District 2,3 Cent (118), in the amount of$195,370.73; TDC District
3,3 Cent (119), in the amount of $422,859.67; TDC District 4,3 Cent (120), in the
amount of$39,077.24; TDC District 5,3 Cent (121), in the amount of$31,503.20; Gov.
Fund Type Grants (125), in the amount of$123,455.18; Impact Fees Roadways (130),
in the amount of $65,488.20; Impact Fees Parks & Rec (131), in the amount of
$217,387.64; Uninc Svc Dist Parks & Rec (147), in the amount of$109,058.73; Plan,
Build, Zoning (148), in the amount of $266.94; Municipal Policing (149), in the amount
of$14,329.13; 911 Enhancement Fee (150), in the amount of$60,096.30; Duck Key
Security (152), in the amount of$294,668.93; Local Housing Assistance (153), in the
amount of$149,670.95; Boating Improvement Fund (157), in the amount of$3,968.00;
Misc. Special Revenue Fund (158), in the amount of $49,362.82; Environmental
Restoration (160), in the amount of $46,989.77; Law Enforcement Trust (162), in the
amount of$209,919.92; Court Facilities Fees-602 (163), in the amount of$I,694.20;
Marathon Municipal Service (166), in the amount of $27,008.53; Cudjoe-Sugarloaf
MSTU (172), in the amount of$19.26; Long Key, Layton MSTU (175), in the amount
of$499.66; 1 Cent Infra Surtax (304), in the amount of$3,363.28; 2003 Revenue
Bonds (307), in the amount of$306,579.58; Big Coppitt Wastewater Pr (310), in the
amount of$609,129.61; Duck Key Wastewater (311), in the amount of$249,546.38;
283
Key West Inti. Airport (404), in the amount of$2,710.33; KW AlP Series 2006 Bonds
(405), in the amount of$107,385.18; MSD Solid Waste (414), in the amount of
$72,887.63; Worker's Compensation (501), in the amount of$287,410.25; Group
Insurance Fund (502), in the amount of $677,803.41; Risk Management Fund (503),
in the amount of $184,268.02; Fleet Management Fund (504), in the amount of
$146,069.73; Law Enforcement Trust Fund (600), in the amount of$II,763.04; Court
Facilities Fees (602), in the amount of$115,286.12; Fire&EMS LOSAP Trust Fund
(610), in the amount of$I,200.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of November, 2008: Advertising, in the amount of
$514,795.61; Bricks & Mortar Projects/Interlocals, in the amount of$289,751.51; Visitor
Information Services, in the amount of$102,620.00; Events, in the amount of
$17,349.96; Office Supplies & Operating Costs, in the amount of $40,268.49; Personal
Services, in the amount of $64,045.43; Public Relations, in the amount of$87,301.02;
Sales & Marketing, in the amount of $76,945.42; Telephone & Utilities, in the amount of
$11,618.14; Travel, in the amount of$13,713.35.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. (Said list is incorporated herein by reference).
COUNTY ADMINISTRATOR
Board granted approval of the Public Official Bond for Bill Shaw, Mosquito
Control.
Board granted approval of the Public Official Bond for Steven K. Smith,
Mosquito Control.
Board granted approval of the Public Official Bond for Joan Lord-Papy, Mosquito
Control.
Board granted approval of the appointment of Edith Zewadski-Bricker to the
South Florida Workforce Investment Board.
Board granted approval and authorized execution of an Employment Agreement
and Confirmation of Wilma F. Corbin as Executive Assistant to Commissioner Kim
Wigington, District 1.
Board granted approval and authorized execution of an Employment Agreement
and confirmation of Carol Schreck as Executive Assistant to Commissioner Heather
Carruthers, District 3.
COUNTY ATTORNEY
Board adopted the following Resolution extending the default date for the SHIP
284
Mortgage issued for Woods Comer.
RESOLUTION NO. 504-2008
Said Resolution is incorporated herein by reference.
Board granted approval of the unanimous recommendation from the Contractor's
Examining Board to appoint Mr. Rudy Krause, as a regular member of the Board for an
initial three (3) year term to begin January 19, 2009; and approval to reappoint Mr.
Charles Miller as an alternate member, for another term to begin January 1, 2009.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Alice Pastuck Colpetsir in Code Enforcement Case
CE06020191.
Board granted approval to advertise a Public Hearing for an Ordinance adopting a
new Code of Ordinances (recodification of existing Monroe County Code) for Monroe
County, Florida, to be held at a regularly scheduled BOCC meeting on January 28, 2009.
Board granted approval to file amicus curiae brief in the Third DCA in support of
the State of Florida in the matter of Florida Department of Environmental Protection v.
West, et al., 3D08-2819 (Lower Tribunal No. 95-20-165-CA-18).
Board adopted the following Resolution inviting the City of Key West to adopt an
Ordinance to include City in the Emergency Air Transport MSTU Boundaries set by
Ordinance No. 030-2008.
RESOLUTION NO. 505-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution inviting the City of Marathon to adopt an
Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU
Boundaries set by Ordinance No. 030-2008.
RESOLUTION NO. 506-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution inviting Key Colony Beach to adopt an
Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU
Boundaries set by Ordinance No. 030-2008.
RESOLUTION NO. 507-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution inviting the City of Layton to adopt an
Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU
Boundaries set by Ordinance No. 030-2008.
285
RESOLUTION NO. 508-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution inviting the City of Islamorada to adopt
an Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU
Boundaries set by Ordinance No. 030-2008.
RESOLUTION NO. 509-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution inviting the Key Largo Fire Rescue and
Emergency Medical Services District to enter into an Interlocal Agreement for inclusion
of District in the Emergency Air Transport MSTU Boundaries set by Ordinance No. 030-
2008, and initiating negotiations therefor.
RESOLUTION NO. 510-2008
Said Resolution is incorporated herein by reference.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution authorizing the reduction of Impact Fees
by 25% for the next 18 months and authorizing the Monroe County SHIP Administrator
to apply for an administer a special award of down paYment assistance funds for Monroe
County; and the County Administrator is authorized to take any further consistent action
necessary to implement this Resolution; and providing for an effective date.
RESOLUTION NO. 511-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the Monroe County SHIP
Program Administrator to administer a special award of down paYment assistance funds
for the City of Key West; and providing for an effective date.
RESOLUTION NO. 512-2008
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed a First Amendment to the Agreement between Monroe
County and the firm Gunster, Yoakley and Stewart, P .A. for outside legal services which
will add an additional timekeeper. Suzanne Hutton, County Attorney discussed the
matter. After discussion, motion was made by Commissioner Carruthers and seconded
286
by Commissioner DiGennaro granting approval and authorizing execution of the item.
Motion carried unanimously.
The Board discussed waiving the County's purchasing policy and procedure and
approving a Standard Form of Agreement between Monroe County and Perez
Engineering and Development, Inc., to provide resident inspector services at the Key
West International Airport construction proj ect. Peter Horton, Airports Director and
Roman Gastesi, County Administrator discussed the matter. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval and authorizing execution of the item. Motion carried unanimously.
The Board discussed approval for the Mayor to execute a letter to explore
partnering with the u.S. Navy/Navy Air Station Key West on the Gulf Seafood Working
Waterfront project in order to work toward funding through the Navy's Encroachment
Partnering Program. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Carruthers granting approval of the item, as modified.
Motion carried unanimously.
STAFF REPORTS
Airports - Peter Horton, Airports Director reported to the Board on the status of
the following matters: construction project at the Key West Terminal; airport financial
issues, commercial air service returning to the Florida Keys Marathon Airport beginning
December 19, 2008; and the construction project located adjacent to the Florida Keys
Marathon Airport.
Budget & Finance - Tina Boan, Sr. Budget Director and Roman Gastesi,
County Administrator briefed the Board on the amount of county revenue based on the
State Revenue Estimating Conference held in November.
Growth Management - Drew Trivette, Growth Management Director reported
to the Board status of the Flagler Village project. The following individual addressed the
Board: Diane Beruldsen.
ENGINEERING
Dave Koppel, County Engineer presented to the Board a report entitled
Engineering Division Report, Monroe County Bridges, dated December 17, 2008.
COMMISSIONERS' ITEMS
Mayor Neugent discussed allowing Friday, December 26, 2008 as an additional
holiday for county employees. The following individual addressed the Board: Diane
Beruldson. After discussion, motion was made by Mayor Neugent and seconded by
Commissioner Carruthers granting approval of the item. Roll call vote was taken with
the following results:
287
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington Yes
Mayor Neugent Yes
Motion carried.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for November, 2008 and discussed a change in the
amount ofbio-diesel used in certain county vehicles.
COMMISSIONERS' ITEMS
Commissioner DiGennaro discussed his item concerning a Resolution affirming
support for renegotiations with the Federal Emergency Management Agency regarding
their pilot inspection program for downstairs enclosures. The following individuals
addressed the Board: Philip McGann, Sheena Collum, and Diane Beruldsen. After
discussion, motion was made by Commissioner DiGennaro and seconded by Mayor
Neugent to adopt the following Resolution. Drew Trivette, Growth Management
Director discussed the matter. Motion carried unanimously.
RESOLUTION NO. 513-2008
Said Resolution is incorporated herein by reference.
ENGINEERING
Gary Donn, representing the Florida Department of Transportation presented to
the Board the Florida Department of Transportation (FDOT) Tentative Five Year Work
Program for Fiscal Years 2009-2010 through 2013-2014. The following individuals
addressed the Board: Diane Beruldson and Ron Miller. No official action was taken.
*
*
*
*
*
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call were Commissioner George Neugent, Commissioner Sylvia
Murphy, Commissioner Mario DiGennaro and Chairman Clark Snow. Absent was
Mayor Norman Anderson.
Acting Fire Chief, James Callahan discussed the following agenda items:
288
After discussion, motion was made by Commissioner DiGennaro and seconded
by Commissioner Murphy granting approval to issue a Purchase Order to Municipal
Equipment Company, LLC, sole source stocking distributor of Lion Apparel's J anesville
Brand of Turnouts in the State of Florida, in the amount of$37,378.00 for the purchase of
22 sets of personal protective ensembles. Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval to rescind the Renewal Agreement which was approved at
the October 15,2008 BOCC meeting as Item G-2 by and between the Board of
Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio-
Control, Inc.; and granted approval of a Renewal Agreement by and between Board of
Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio-
Control, Inc. formerly known as Medtronic Emergency Response Systems, Inc., for the
preventative inspection and maintenance of biomedical equipment. Motion carried
unanimously.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I, was adjourned.
*
*
*
*
*
The Board of County Commissioners meeting reconvened with all commissioners
present.
COUNTY ATTORNEY
The Board discussed direction to Staff concerning the Final Order from the
Department of Community Affairs received December 12, 2008 determining that
Ordinance 20-2008 is rejected. The appeal period is 21 days after publication in the
Florida Administrative Weekly, which should be prior to the January 28, 2009 meeting.
The following individuals addressed the Board: Hallet Douville, representing the Solar
Community of No Name Key; Donald Craig, representing No Name Key Homeowner's
Association; and Jim Newton, representing the No Name Key Property Owner's
Association. After discussion, motion was made by Commissioner Murphy not to appeal
the decision of the DCA. Furthermore, rescind Ordinance 20-2008 and not pursue a
Comprehensive Plan Amendment at this time. Also, request the Florida Keys Aqueduct
Authority evaluate, as soon as possible, the wastewater service possibilities for No Name
Key to include all types of central service, as well as on-site systems and report back to
the BOCC their recommendations. We as the BOCC will commit to amending the Land
Development Regulations and the Comprehensive Plan to facilitate their
recommendations. Suzanne Hutton, County Attorney requested a portion of
Commissioner Murphy's motion be modified that instead of rescinding Ordinance 20-
2008, a Public Hearing be set for the purpose of rescinding Ordinance 20-2008.
Commissioner Murphy accepted the modification to her motion. Chief Assistant County
Attorney, Bob Shillinger discussed the matter. After further discussion, Commissioner
Murphy withdrew her motion. Motion was then made by Commissioner Murphy and
289
seconded by Commissioner Wigington not to appeal the decision of the DCA. Roll call
vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington Yes
Mayor Neugent Yes
Motion carried.
The Board set a Public Hearing date of Thursday, January 29,2009 at the
Marathon Government Center at 10:00 A.M. for the purpose of rescinding Ordinance 20-
2008.
WASTEWATER ISSUES
Dave Koppel, County Engineer informed the Board he plans to present at the
January Board Meeting proposed funding alternatives for various options to fund
wastewater facilities and the possibility of making modifications to the Capital
Improvement Plan. Mr. Koppel also referred the Board to the written November 2008
Engineering Status Report concerning Wastewater Projects.
J ames ReYnolds, Executive Director of the Florida Keys Aqueduct Authority
discussed information concerning the neighbor meetings held at Sugarloaf and Big Pine
Key concerning the Cudjoe Regional Wastewater System.
CLOSED SESSION
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to continue the Attorney Client Closed Session in the matter of CA K 01-97, to
the January 28,2009 Board meeting in Key West at 2:00 P.M. Motion carried
unanimously.
A Closed Executive Session was held. Suzanne Hutton, County Attorney read
into the record the names of the individuals authorized to be present at the Closed
Executive Session of the Board in the matter of Celeste Bruno v. Monroe County, 07-
10117CV.
COUNTY ADMINISTRATOR
The Board discussed an EmploYment Agreement and confirmation for Dr. Chad
E. Brocato Sr., to serve as Monroe County Fire Chief. The following individuals
addressed the Board: Diane Beruldson and Richard Vandervoort, representing the IAFF
Local 3909. Acting Fire Chief, James Callahan also addressed the Board. After
discussion, motion was made by Commissioner DiGennaro and seconded by
290
Commissioner Carruthers to hire Dr. Chad E. Brocato Sr., to serve as Monroe County
Fire Chief. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent No
Motion failed.
PUBLIC HEARINGS
A Public Hearing was held to consider a request for Administrative Relief for
Judi's House Inc., on Parcel 7, White Heron Estates A Condominium, SugarloafKey,
Real Estate Number 0172070.000700. Suzanne Hutton, County Attorney discussed the
matter. The following public speaker addressed the Board: Mike Cunningham, Agent
for Judy's House, Inc. Drew Trivette, Growth Management Director; and Mark Rosch,
Executive Director of the Monroe County Land Authority discussed the matter. After
discussion, motion was made by Commissioner Murphy to grant the allocation with the
stipulation that the two (2) other vacant lots in the condominium have conservation
easements running in favor of Monroe County. Motion died for lack of a second.
Motion was then made by Commissioner DiGennaro and seconded by Commissioner
Carruthers approving an allocation for the lot. Roll call vote was taken with the
following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent No
Motion failed. Motion was then made by Commissioner Murphy and seconded by
Commissioner Carruthers to grant the allocation with the stipulation that the two (2) other
vacant lots in the condominium have conservation easements running in favor of Monroe
County. Motion carried unanimously.
A Public Hearing was held to consider approval of a Resolution for Unanticipated
Funds for a Budget Amendment for the Fiscal Year 2009 Key West International Airport
Fund, #404. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 514-2008
Said Resolution is incorporated herein by reference.
291
COUNTY ADMINISTRATOR
The Board discussed the 2009 appointments of Commissioners to various duties.
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
to eliminate the Criminal Justice Committee. Motion carried unanimously.
The following Dormant Committees were eliminated: FEMA Task Force,
Hurricane Preparedness Committee, and the Key West Airport Master Plan Study Group.
The Board appointed Commissioner Carruthers to serve on the Monroe County
Community Alliance.
The Board eliminated the Round Table Committee.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington confirming the Fiscal Year 2009 Commissioners' Appointments as well as the
documents entitled: 2009 Organization for Rotational Commissioner Attendance on the
Library Advisory Board and the Older American Advisory Board; Various Other
Appointments/Notes. Said documents are attached hereto for reference. Motion carried
unanimously.
Motion was made by Commissioner Murphy and seconded by Mayor Neugent
appointing Commissioner Wigington as the point person between the BOCC and the
Navy with regards to Navy related issues. Motion carried unanimously.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney requested approval to schedule an Attorney-
Client Closed Session of the Board of County Commissioners in the matter of Monroe
County v. Bender & Associates, CA K 03-915 for the regularly scheduled BOCC
meeting to be held January 28, 2009. Ms. Hutton read into the record the names of the
individuals authorized to be present at the closed session. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to hold an Attorney-
Client Closed Session for the matter on January 28, 2009 in Key West at 2:20 P.M.
Motion carried unanimously.
Suzanne Hutton, County Attorney requested approval to schedule an Attorney-
Client Closed Session of the Board of County Commissioners in the matter of Galleon
Bay vs. Monroe County v. State of Florida, CAK-02-595, for the regularly scheduled
BOCC meeting to be held January 28, 2009. Ms. Hutton read into the record the names
of the individuals authorized to be present at the closed session. Motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington to hold an
Attorney-Client Closed Session for the matter on January 28,2009 in Key West at 2:40
P.M. Motion carried unanimously.
292
Bob Shillinger, Chief Assistant County Attorney discussed the status of the
following litigation: Galleon Bay; Election contest matter - Vandenbrook; and Sandra
Carter. The following individual addressed the Board: Diane Beruldson.
PUBLIC HEARING
A Public Hearing was held for approval of a Resolution electing to use the
uniform method to collect non-ad valorem special assessments levied within the
unincorporated area of the County; Stating a need for such levy; Providing for the
mailing of this Resolution; and providing for an effective date. The Board accepted
public input with the following individual addressing the Board: Beth Ramsay-Vickrey,
representing No Name Key Property Owner's Association. Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 515-2008
Said Resolution is incorporated herein by reference
The following individuals addressed the Board: Joan Borel and Albert Sullivan,
representing Last Stand; and Russ Draper. Bob Shillinger, Chief Assistant County
Attorney presented a Settlement Proposal from Last Stand to resolve its challenge to the
permit approved by the SFWMD for the Key West International Airport runway safety
area proj ect AND request for approval of a special meeting for the scheduling of an
Attorney-Client Closed Session of the BOCC in the matter of Protect Key West and the
Florida Keys, Inc. d/b/a "Last Stand" v. South Florida Water Management District and
Monroe County, Florida, DOAH Case No. 08-3823. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Murphy to follow Staff
Recommendation and reject the Settlement Proposal. Motion carried unanimously.
Mayor Neugent and the Board wished all a Happy Holiday Season.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Jh~Q.~
Isabel C. DeSantis, Deputy Clerk
Ii ~ ~ o~ II f€O 0:2 i ~ ~
&'~ II l i
o-i lit
li~ l ~. n
~~ ~ UJ g fi
~~ ~ ~> t
~ fo.o 11~ n fl ~ ~ ~ 7-
i'& ~ 0 s' 8' t
1 ~ i ~ :t lii
!DCi' ~ S" a:I (') i' ~
8~ c "'tJ~ (.
> a: t;J o. tlI l
a'i Q. ;:r 0 sti- r')
::t: lia. cr ~ e
~~ ~ '<-
fi 8" '1 Qi i ;:
~a (') a7 1 a ~
~~ ~ i if l~
a a l"J
$~ -p,
- ~
e if -
r ;T
p ?' ~ oW E: c f 9 ~ 3: s: f r')
Sf.!:i= g. ! f ::r ~ t ~ i r Si
~C:dii E!t I!l J[ g
g:tg a a
a r+ g~
i\1~
-g
~
P9"'~ E i ;: ~ g I ~ ~ !: a
o:=:_ @: t tE 0 .a .a ~
r" :s f! 0 ~ i ~ I~
.a 5' ! I g
.r"S :::s a
;l ;:J 2
~
Jie
!'I'I i
is;;
~=;
!'Il~",
flJl',i)",
;IRa
iie
2e
rial
Clo&}'Q
"cl a
~..~
...~;
~=;
I;J~
n
;'~e
~~;:
hI.
f,Il !3
~I~
m j
~i?
~c;l~
l/l:t
gz
i. ~
M
l\lO rn
c' a- t"'!
!R 0
,...
'f ~
!
II)
t /'C #
~1^l\iB~ :O~ ~eo-(;(;-(; ~
;!!
tJ)
~
~
~
I\)
C)
i
(")
o
I
ti)
en
6
~
~
~
::
9
~
i
c:
Cri
~
~
~ ~ \ ~ f r a-3: f 3: en::: 3::
5, s;: ~I . i !t. CD
i If Ii' ~ :;. ::2. ;:I,
~ [ I ~ (I i er i i
i no ~o 9 ! llQ~ &.
0 i~
f p 0
it" -< t::: s:: ~ ""Q 7-
:J ::I ~
0- :C I ~ -< q- g
~ a .5 a'~ ro,
5i r"'" (') > e
. I l ~ o' [~ ~ ~ 8E ~
~. f ~ ~. Cp l"l
Q :J ~i ~ :s. ~ ~ ~
s: [ "'C e. ! ~ ~
"">- r
'-, =- q ~ ~
2:
C~- i' Ii' ~ g ~ ~
i ~ B ~.
(] c ~ Ii i. if
i' g if
::::s &'
,-\--.,. o. ~ a.
0 !4.
j
!;! ~ >!"P' ~!' pop !",pt [ I ! z n
Cl =-t:'Z iZ:ff ~rI) 2 n
(I i 1'-'2 ti 00 i
I l CD ell
(J fr1 (J ~ ift a g
I ~ ~'"1 ~F~
a . ;~
I ~!
5i
l g: ~P"!>> ~~?"p 9"fD I n P"!>> ~ Z 2
.a af~ ~S=if ef I ~f cffi: 2 ~
1 II l"l
.!f (1 f g u 0
a i !}h'l sa Ie ::
! 0 I
p a ;;I.... ;::I
, lIII
;
aSs
;:I~~
~l'I'8
I")~~
tJ * ~
n
iSZi
...,~;::
I~fj
~~
;:0;
n
i!~g
tl2i-
~~j
a~~
l"l
!~g
"" ~
ro, -
Rl ...
~!i~
a~~
r~
~E
~Zfi
!J....
~>!i
~~;
CH") i'~
l[ .-O!l
.j ~n
{ii ~~
0 n
:I
r go ::'. ~
='{ 8
- ~~
0
f!. 9 fI.l ~
8 ...8.
SlC.
Et- S' B.
w' (JQtt
r:::r--
'"
'<
~
~
fJ
:>
-+
---
-t-
(t>
~
::J
~
-4...
~
t IS #
~~~e~:OL~SO-~l-7.~
g. <: z
III t
fi i Ei;
~ > 0
"I'l
~ a
i i too'
~ ~
ci' a S
to txl '"
[ c t"I
=
a
~ :t?-~ !"~ M
~ i ~f ~ f 8e:
g aQ!!l~CQ d
I>>
a ~'< ~g
I ... i~
1"'10
~~
:z >PP"~
~ li~~ a
OR :.-
e 1!i .a 0 :;:
o ;r e -z
:::1'< ~2.
I a 0
~
~
"'l")S
~i~
.." t;
~3i
~;~
'3l ..-=
~li2~
e
C')...
~i~
~~s
/";0(.1
tJrii)lO
"Cl a
~....""
..,e!t:
~~m
~~j
(I.l ;l:l
('l
~~g
"'~i
S~o
eeA;
",,:::a
r3,.;!:
;:::j~~
~I
~~5
Q ~
(,tlfll;
f~
a-'
.-&
r;1 a
g
::r :.-
11 s:
0 2
!!- t;/)
g
:T
;;.
to It #
~jAjIJiB~ :O~ ~eo-'u-~~
12-22-08;10:18AM;
VARIOUS OTHER APPOINTMENTSlNOTES
Rural Health Network
Commissioner Murphy was appointed 12117/08. Terms have no expiration dates.
Industrial DeveloDmcnt Authority
Chairperson - George Neugent
Vice-Cbairperson -Sylvia Murphy
Secretary - Heather Carruthers
NEED REAPPOINTMENTS.
· COMMISSIONER DIGENNARO as the pOint pcISOD between the Board
of County Commissioners and Representative Saunders for one year.
· COMMISSIONER. MURPHY to represent the Board on issues concerning
highway safety and beautification, inclw:ting the 18 Mile Stretch of U.S. 1
and to be our State and Federal governmart liaison on these issues.
. COMMISSIONER DIGENNARO to serve with the Florida Commission
on Veterans Affairs.
. COMMISSIONER WIGINGTON to be the Boan:l"$liaisou (point petSQn)
for wastewater issues.
. COMMISSIONER DIGENNARO to be the Board's liaison with Senator
Bullard.
. COMMISSIONER CARRUTHERS to serve on the Combined Structural
and Oper.ating Plan (CSOP) Advisory Team of the South Florida
Ecosystem Restoration Task Force regarding Everglades restoration
issues.
. COMMISSIONER MURPHY to serve as a representative on a working
group 10 address burritane cvatllation in the Florida Kcy&.
· COMMISSIONER MURPHY to be the Board's liaison to the Affordable
Housing Advisory Committee
. COMMISSIONER WIGINGTON as the point person between the Board
of County Commissioners and the Navy with regards to Navy related
issues.
# 1/ 4
12-22-0S;11:53AM;
# 1/ 1
2009 ORGANIZATION FOR ROTATIONAL CO:MM1SSIONER ATTENDANCE:
1. Library Advisory Board
January
February
March
April
May
June
July
August
September
October
November
December
- Murphy
- Catruthers
- Di Gennaro
.. Murphy
- Wigington
· Di Gennaro
.. Murphy
- Wigington
- Di Gennaro
- Neugent
- Camtthers
- Murphy
(If].7 - Key Largo Library)
(2fl4 - Big Pine Key LIbrary)
(3/24 - Marathon EOC)
(4128 - Islamorda Library)
(5/26 - Key West Libraty)
(6123 - Marathon Library)
(7/28 ~ Key Largo LIorary)
(&/lS - Big Pine Library)
(9/22 - Islamorda Library)
(10/27 - Marathon Libraty)
(11/24 - Key West Libraty)
(12/22 - Key Largo Library)
* At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to
the meeting area nearest them. All meetings begin at 10:30 AM.
2. Older American Advisory Board
January
Febroary
March
April
May
June
July
August
September
October
November
December
- Wigington
- Murphy
- Neugent
- Di Gennaro
- Carruthers
- Wigington
- OAAB Vacation (each year)
- OAAB Vacation (each year)
- OAAB Vacation (each year)
.. Murphy
- Neugent
.. Di Gennaro
iii All meetings are held at the Marathon Libraty starting at 10:00 A.M.