01/28/2009 Regular
5
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 28, 2009
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 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; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio;
and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
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 Years of Service Award for 15 years of service to Monroe County
to Mark Anderson, Sr. Technician, Maintenance, Facilities Maintenance, Public Works
Division.
Presentation of Employee Service Award for the month of November 2008 to
Christine Thompson, Systems Analyst, Technical Services Division.
Presentation of the Employee Service Award to Mike Nalepa, Construction
Inspector Supervisor, for the month of September 2008.
Presentation of Mayor's Proclamation declaring the month of February 2009 as
Water Quality Awareness Month.
Presentation of Mayor's Proclamation declaring the first week of February 2009
as Bahama Conch Community Land Trust Week.
Presentation of Mayor's Proclamation declaring January 28,2009 as Tanju
Mishara Day.
BULK APPROVALS
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Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval of the following items by unanimous consent:
Board granted approval of a Workers' Compensation Settlement in the amount of
$55,000.00 (inclusive of attorney fees) for file #05021200-GB.
Board adopted the following Resolution authorizing the District 16 Medical
Examiner to establish fees to be charged to third parties for specific services.
RESOLUTION NO. 007-2009
Said Resolution is incorporated herein by reference.
Board granted approval for the Transportation Security Administration to
continue to occupy space at the Key West International Airport on a month to month
basis, pending a Supplemental Lease Agreement.
Board granted approval to advertise a Request for Qualifications for Airport
Consultant Services, for the Key West International Airport, and the Florida Keys
Marathon Airport and for Airport Staff to review responses and provide a short list of
three firms who will deliver brief presentations to the Board.
Board granted approval of a Renewal Agreement Monroe County and Emergency
Medical Sciences Academy, Inc. (EMS Academy) to provide an emergency medical
services (EMS) training environment.
Board granted approval to submit Grant Applications to the Florida Department
of Health, Bureau of Emergency Medical Services, to fund EMS related equipment and
to have the applications signed by the proper County authorities.
Board granted approval to refund $200.00 to Clyde Allen (A Natures Sanctuary,
Inc.) to adjust the price he paid for surplus County Unit #3200-098.
Board granted approval to award Public Works surplus items as described in the
Recap of Bid Opening on December 4,2008 (Items 1, 3, 4, 6, 7, 9, 10, 15, 16, 18, 19,24,
27,28,31,32,33, 34, 35,41,44,45,47,49,56, 57, 58, 59, 60, 61, and 62). Said recap is
incorporated herein by reference.
Board granted approval to transfer title to County Vehicle Number 0903-1007
(Serial Number 1D7HA16K02J224760) to the Monroe County Sheriff's Office.
Board granted approval to transfer title to County Vehicle Number 0940-515
(Serial Number 1B7HC16X1XS231377) to the Monroe County School Board.
Board granted approval to transfer title to County Vehicle Number 1419-087
(Serial Number 2FAFP71W9XX109382) to the SugarloafVolunteer Fire Department.
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Board granted approval of the request to initiate bid process for the food service
contract currently held by G.A. Food Service, Inc. which provides food to both the
Nutrition Department and Bayshore Manor.
Board granted approval of an Amendment to Agreement between Monroe County
and Monroe County Community Transportation Coordinator/Guidance Clinic of the
Middle Keys for contract period of 01/01/2008 through 12/31/2008.
Board granted approval of the receipt of monthly report on changes orders
reviewed by the County Administrator's Office. Said report is incorporated herein by
reference.
Board granted approval of the installation of a streetlight at the intersection of
US 1 and Raffy Road, MM 21 1/2, Cudjoe Key.
Board adopted the following various Resolutions for the Transfer of Funds and
Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 008-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 009-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 010-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 011-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 012-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 013-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 014-2009
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 015-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 016-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.1 0).
RESOLUTION NO. 017-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 018-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 019-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 020-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 021-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 022-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 023-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 024-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 025-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 026-2009
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 027-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 028-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 029-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 030-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 031-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 032-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 033-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 034-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 035-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 036-2009
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment
for One Cent Infrastructure Sales Tax Fund 304, 2003 Revenue Bonds Fund 307, 2007
Revenue Bond Fund 308 and Big Coppitt Wastewater Project Fund 310.
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Board granted approval of a Funding Agreement between Monroe County and
State of Florida, Department of Emergency Management for reimbursement of expenses
related to Tropical Storm Fay.
Board granted approval of a Funding Agreement between Monroe County and
State of Florida, Department of Emergency Management for reimbursement of expenses
related to Hurricane Ike.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise Fiscal Year 2010 Event Request for
Proposals.
Board granted approval to rescind Agreement between Monroe County and
Dolphin Research Center, Inc. for their Parking Lot Project in an amount of $33,000.
Board granted approval and authorized execution of an Agreement between
Monroe County and Upper Keys Business Group, Inc. covering the Key Largo Food &
Wine Festival between July 31, 2009 and August 8, 2009, in an amount not to exceed
$15,000, DAC V, FY 2009 Event Resources.
Board granted approval and authorized execution of an Agreement between
Monroe County and Key West Business Guild, Inc. covering Womenfest on September
8-13,2009 in an amount not to exceed $20,000, DAC I, FY 2009 Event Resources.
Board granted approval and authorized execution of an Agreement between
Monroe County and Phil Peterson's Key West Poker Run LLC covering the Phil
Peterson's Key West Poker Run on September 17-21,2009 in an amount not to exceed
$35,000, DAC I, FY 2009 Event Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Redbone, Inc. to revise Exhibit B (budget) of the
Agreement covering the Mercury SLAM Celebrity Tournament.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Capt. Terry Fisher covering the Captain Leon Shell
Memorial Sailfish Tournament to revise dates of event to February 27 - March 1, 2009.
Board granted approval to rescind Agreement between Monroe County and
Florida Keys Land & Sea Trust, Inc. for the production of the Bahamian Heritage
Festival in January/February 2009.
Board granted approval and authorized execution of an Agreement between
Monroe County and Key West Tourist Development Association, Inc., covering Fantasy
Fest 2009 between October 23 - November 1, 2009 in an amount not to exceed $108,000,
FY 2009 Event Resources.
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DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution confirming the action taken by the
BOCC at a Public Hearing during the meeting of December 17, 2008, awarding
Administrative Relief to Judi's House Inc. in the form of a residential market rate RaGa
allocation on Parcel 7, White Heron Estates A Condominium, Sugarloaf Key
RE#00172070.000700 with the condition that the owner grant a conservation easement to
Monroe County on Parcels 4 & 5, White Heron Estates A Condominium SugarloafKey,
RE#00172070-000400 and 00172070-000500.
RESOLUTION NO. 037-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Amendment to
Contract PL-029 (now #08150) to change the grantor from Florida Department of
Environmental Protection (FDEP) to Florida Fish and Wildlife Conservation Commission
(FWC) and to modify the type of grant reimbursement allowed under the contract to
include "cost reimbursement".
Board granted approval and authorized execution of an Easement between
Monroe County and Islander Village, LLC, grantors and the Key West Resort Utilities,
Corp. grantee and rescission of easement previously granted on November 19,2008.
Board granted approval and authorized execution of a Consent to Assignment by
Monroe County consenting to the collateral assignment by Northstar Resort Enterprises
Corp. (Northstar) to both BiscaYlle Bank and to Spectrum Mortgage Group Inc.
Board adopted the following Resolution adopting amendments to the Local
Housing Assistance Plan to include Incentive Strategies required by F.S. 420.90.76.
RESOLUTION NO. 038-2009
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of a request for expenditure from Law Enforcement Trust
Fund, in the total amount of $53,541.07, as follows:
Monroe County Sheriff's Office: to purchase/replace equipment for the MCSO
Honor Guard. The MCSO Honor Guard is requested for functions throughout the
County, in the amount of$541.07.
Monroe County School District: to help fund an additional counseling position for
the start-up program of The Keys Center (formerly PACE Center for Girls), in the
amount $15,000.00.
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Key West High School Girls Softball: to help cover expenses, in the amount of
$5,000.00.
Marathon A YSO: on behalf of the Marathon Under 12 Girls Soccer Team to
assist with tournament expenses, in the amount of $1 ,000.00.
Monroe County Sheriffs Office: to help the MCSO Animal Farm with items that
are needed to continue "Easter on the Farm" and "Christmas on the Farm" for the year
2009 for the children of Monroe County, in the amount of$2,000.00.
Monroe County Education Foundation: to help the student-mentoring program
providing fully paid scholarships for low-income families, in the amount of $20,000.00.
Monroe County Education Foundation: for a one-week leadership camp for 50
new Take Stock middle school children organized by the Florida Sheriffs Youth Ranch,
in the amount of $1 0,000.00.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution correcting a scrivener's error contained in
Resolution No.1 08-2008.
RESOLUTION NO. 039-2009
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Wigington's appointment of John
Hernandez to the Community Development Block Grant (CDBG) Citizens Advisory
Task Force, with a term ending January 28, 2013.
Board granted approval of Commissioner DiGennaro's reappointment of Tom
Neville to the Duck Key Security District Advisory Board, with a term ending February
1, 2012.
Board granted approval of Commissioner Carruthers' reappointment of Michael
Shields to the Library Advisory Board, with a term ending October 1, 2012.
Board granted approval of Commissioner Carruthers' appointment of Jeffrey A.
Harwell to the Art in Public Places Committee, replacing Jon McIntosh, with a term
ending January 20, 2013.
Board granted approval of Commissioner Carruthers' appointment of Tracey
Holst to the Community Development Block Grant Citizens Task Force, replacing Jim
Malcolm, with a term ending January 28, 2013.
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Board adopted the following Resolution to recognize the need for the United
States Postal Service to maintain current levels of service in Key West and the Keys.
RESOLUTION NO. 040-2009
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner DiGennaro's appointment of Derrick
Johnson to the Community Development Grant (CDGB) Citizens Task Force as the
District 4 Representative, with a term ending January 1,2013.
Board granted approval of Commissioner Murphy's appointment of Anna
Nickerson to the Community Development Block Grant (CDBG) Citizens Advisory Task
Force to a four year term.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Special BOCC meetings held on December 3 & 8, 2008 Regular BOCC
meetings held on November 19,2008 and December 17,2008 (previously distributed).
Board granted approval of the following Warrants (104102 - 104135 & 535684 -
536649): Fine & Forfeiture Fund (101), in the amount of$3,605,622.77; TDC District
Two Penny (115), in the amount of$9,350,711.74; TDC Admin. & Promo 2 Cent
(116), in the amount of$158,889.68; TDC District 1,3 Cent (117), in the amount of
$319,676.00; TDC District 2,3 Cent (118), in the amount of$324,566.75; TDC District
3,3 Cent (119), in the amount of$76,465.70; TDC District 4,3 Cent (120), in the
amount of$9,938.51; TDC District 5,3 Cent (121), in the amount of$22,427.24; Gov.
Fund Type Grants (125), in the amount of $30,998.05; Impact Fees Roadways (130),
in the amount of$30,527.90; Impact Fees Parks & Rec (131), in the amount of
$125,888.63; Uninc Svc Dist Parks & Rec (147), in the amount of$183,025.02; Plan,
Build, Zoning (148), in the amount of $22,238.20; Municipal Policing (149), in the
amount of$70,619.16; 911 Enhancement Fee (150), in the amount of$44,323.45; Duck
Key Security (152), in the amount of$I,250,627.99; Boating Improvement Fund
(157), in the amount of $3,840.00; Misc. Special Revenue Fund (158), in the amount of
$20,187.50; Environmental Restoration (160), in the amount of$35,820.92; Law
Enforcement Trust (162), in the amount of$43,127.03; Court Facilities Fees-602
(163), in the amount of$I,546.55; Drug Abuse Trust (164), in the amount of$8,532.81;
Marathon Municipal Service (166), in the amount of$27,434.15; Stock Island
Wastewater (171), in the amount of$4,517.29; Long Key, Layton MSTU (175), in the
amount of $250.00; 2003 Revenue Bonds (207), in the amount of $3,520.00; 1 Cent
Infra Surtax (304), in the amount of $3,455.50; 2003 Revenue Bonds (307), in the
amount of$141,788.20; Big Coppitt Wastewater Pr (310), in the amount of
$630,269.32; Duck Key Wastewater (311), in the amount of$169,497.56; Key West
IntI. Airport (404), in the amount of$8,268.04; KW AlP Series 2006 Bonds (405), in
the amount of$281,848.93; MSD Solid Waste (414), in the amount of$162,914.63;
Worker's Compensation (501), in the amount of $892,950.55; Group Insurance Fund
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(502), in the amount of$I,074,359.38; Risk Management Fund (503), in the amount of
$11,612.59; Fleet Management Fund (504), in the amount of$278,842.07; Law
Enforcement Trust Fund (600), in the amount of $129,600.30; Court Facilities Fees
(602), in the amount of$102,280.38; Fire&EMS LOSAP Trust Fund (610), in the
amount of$I,200.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of December, 2008: Advertising, in the amount of
$67,579.83; Bricks & Mortar Projects/Interlocals, in the amount of $8,325.00; Visitor
Information Services, in the amount of$70,279.00; Events, in the amount of
$210,373.46; Office Supplies & Operating Costs, in the amount of$45,167.32; Personal
Services, in the amount of$219,287.82; Public Relations, in the amount of$88,563.61;
Sales & Marketing, in the amount of$71,351.09; Telephone & Utilities, in the amount of
$24,698.82; Travel, in the amount of $8,001.20.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. (Said list is incorporated herein by reference).
Board granted approval of Public Official Bond for Danny L. Kolhage, Monroe
County Clerk of Court.
COUNTY ADMINISTRATOR
Board granted approval of Public Official Bond for Danise Henriquez, Monroe
County Tax Collector.
Board granted approval to award Monroe County Health Department surplus
items as described in the Recap of Bid Opening dated December 4, 2008 (Items 50, 51
and 52). Said recap is incorporated herein by reference.
Board granted approval and authorized execution of a Lease Agreement between
Monroe County and Southernmost Homeless Assistance League (SHAL) for office space
located in the Gato Building, 1100 Simonton Street, Key West.
COUNTY ATTORNEY
Board granted approval to invoke the Florida Supreme Court's discretionary
jurisdiction to review the Third DCA's decision in Collins, et. al. v Monroe County and
State of Florida 3D07-1603 (Lower Tribunal No. 04-379), dated December 31, 2008.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Adam Harper in Code Enforcement Case CE06090198.
Board granted approval of assignment of Certificate of Destruction to Florida
Keys Towing, and authorization for County Administrator to execute the assignment.
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Board granted approval of amended budget for the legal services of Kaplan,
Kirsch and Rockwell raising the not to exceed amount from $75,000 to $77,815.
Board adopted the following Resolution to extend the default date for the SHIP
mortgage issued to Woods Comer.
RESOLUTION NO. 041-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Settlement Agreement in
Monroe County v. Bender and Associates, P.A., et at, CA K 03-915.
Board granted approval to file lawsuit for injunctive relief against The Martinez
Family Trust and Leo Miller.
Motion carried unanimously.
MISCELLANEOUS
Mayor Neugent introduced Dennis Ward the newly elected Monroe County State
Attorney. Mr. Ward addressed the Board and also introduced Mark Wilson, Assistant
State Attorney with his office.
MISCELLANEOUS BULK APPROVALS
The Board discussed approval for Orion Bank to continue to rent space at the Key
West International Airport, for an Automated Teller Machine on a month to month basis
pending a Lease Extension Agreement. Peter Horton, Airports Director discussed the
matter. After discussion, motion was made by Commissioner DiGennaro and seconded
by Commissioner Carruthers granting approval of the item. Motion carried unanimously.
The Board discussed an Amendment to the Franchise Agreement between
Monroe County and Waste Management, Inc., of Florida, permitting the Franchisee to
collect regular vegetative waste at the same time that residential solid waste is collected.
Dent Pierce, Public Works Director discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro granting
approval of the item. Motion carried unanimously.
The Board discussed approval to negotiate a Contract with Architects Design
Group, Inc., for professional services for the design, contract documents, and project
administration of the Monroe County Emergency Operations Center in Marathon.
Suzanne Hutton, County Attorney discussed the matter. Dave Koppel, County Engineer;
Maria Graziano, Facilities Development Coordinator; and Jerry Barnett, Director of
Facilities Development discussed the matter. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of
the item. Motion carried unanimously.
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The Board discussed approval of a new Contract between Monroe County and
Buccaneer Courier for a period of two years commencing on March 16, 2009 and ending
March 15, 2011 with an option to renew for two additional 2 year periods. The current
Contract for Monroe County's courier service expires on March 15, 2009. The following
individual addressed the Board: Christine Rodriguez, representing GCR Distributing.
Debbie Frederick, Assistant County Administrator discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Board discussed approval to advertise Tourist Development Council Fiscal
Year 2010 Capital Projects - Request for Proposals. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval
of the item. Motion carried unanimously.
STAFF REPORTS
Airports - Peter Horton, Airports Director advised the Board that four weeks from
today the first flight will fly out of the new Key West International Airport terminal. Mr.
Horton then provided the Board with the status of the construction of the new airport
terminal.
Engineering - Dave Koppel, County Engineer thanked the Board for his service to
Monroe County.
Growth Management - Andrew Trivette, Growth Management Director advised
the Board that the Division will be requesting a Special Workshop meeting to be held in
late February concerning the working waterfront amendment. Mr. Trivette also advised
the Board he received a letter from the Marine & Port Advisory Committee regarding the
repair and correction of actions being taken at the Key Haven boat ramp. Commissioner
Wigington briefed the Board concerning the Key Haven boat ramp. The following
individual addressed the Board: Diane Beruldson.
Technical Services - Lisa Druckemiller, Senior Administrator provided an update
concerning the status of the data network being installed at the Murray Nelson Building.
ENGINEERING
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval and authorizing execution of the Third Amendment to
Supplemental Agreement for Road and Bridge Funds between Monroe County and
Islamorada Village of Islands to extend the termination date of the Agreement to allow
additional time for the Village to make roadway improvements funded by the County.
Motion carried unanimously.
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Maria Graziano, Facilities Development Coordinator made a power point
presentation to the Board on the Solid Waste Analysis Report. Suzanne Hutton, County
Attorney and Roman Gastesi, County Administrator discussed the matter. The following
individuals addressed the Board: Ramon Rodriquez, representing the Rusty Anchor;
Nancy Toppino, Ricky Arnold, Doris Arnold, Michael Browning, representing New
Moon Management Corp.; Michael Home, Daniel Dombroski, Genevieve Isakson, John
Albert, representing Waste Management; Skip Haring, representing the City of Layton;
Jay Marzella, Barbara Anderson, Steve Robbins, and Diane Beruldsen. No official action
was taken by the Board.
WASTEWATER ISSUES
Judy Clarke, Assistant County Engineer updated the Board concerning the status
of Wastewater Projects through December 2008. Commissioner Carruthers discussed
information she obtained from her visit to Washington, D.C., concerning the Federal
stimulus package and indicated there are no actual air marks for the money - all of the
money will be going to different agencies. Roman Gastesi, County Administrator
discussed hiring a team of lobbYists to represent Monroe County at the State and Federal
levels and indicated he will bring a contract for consideration by the Board at next
month's meeting. Suzanne Hutton, County Attorney addressed the Board.
Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy granting approval and authorizing execution of State Financial Assistance
Agreement, DEP Agreement No. LP8983 between Monroe County and the Florida
Department of Environmental Protection for $100,000 pursuant to line item 1772c of the
2008-2009 General Appropriations Act. Motion carried unanimously.
Tom Walker, Department Director Engineering - Florida Keys Aqueduct
Authority made a presentation concerning the 2009 update to the Monroe County
Sanitary Wastewater Master Plan that delineates boundaries of the Cudjoe Regional
centralized wastewater treatment system. James Reynolds, Executive Director of Florida
Keys Aqueduct Authority and Gerald R. Briggs, M.S.M. - Chief, Bureau of Onsite
Sewage Programs Florida Department of Health addressed the Board. After discussion,
motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval of the Monroe County Sanitary Wastewater Master Plan,
with the amended map that delineates boundaries of the Cudjoe Regional Centralized
Wastewater Treatment System, as indicated on the last page - moving the original
regional system connected parcels. Motion carried unanimously. The following
individual addressed the Board: Alicia Putney, representing the Solar Community of No
Name Key.
MISCELLANEOUS
Suzanne Hutton, County Attorney requested direction from the Board concerning
her involvement in discussions with Staff, the Florida Keys Aqueduct Authority and the
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Monroe County Health Department concerning some assistance the health department
has requested. The health department is tasked with enforcement of the laws regarding
onsight systems which are not going to be connected to central sewers and has asked that
the county take the enforcement of laws over in our Code Enforcement process. The
Board authorized the County Attorney to assist the Monroe County Health Department
with their request as long as there is no cost to the County. Monroe County will
subsidize onsite systems only if we get money to subsidize Cudjoe Regional and only to
the same degree that we are able to subsidize Cudjoe Regional. The County will not do
this based on district subsidy that have gone in the past.
CLOSED SESSIONS
An Attorney-Client Closed Session of the Board of County Commissioners was
held in the matter of Galleon Bay v. Monroe County v. State of Florida, CA K 02-595.
Suzanne Hutton, County Attorney announced the names of the individuals authorized to
be present: Suzanne Hutton, County Attorney; Roman Gastesi, County Administrator;
Chief Assistant County Attorney, Bob Shillinger; and Assistant County Attorney, Derek
Howard.
The Board of County Commissioners reconvened with Commissioner DiGennaro
and Commissioner Murphy excusing there selves from the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance adopting a new
Code of Ordinances (re-codification of existing Monroe County Code) for Monroe
County, Florida. There was no public input. Suzanne Hutton, County Attorney
addressed the Board. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Wigington to adopt the following Ordinance. Motion
carried unanimously, with Commissioner DiGennaro and Commissioner Murphy not
present.
ORDINANCE NO. 001-2009
Said Ordinance is incorporated herein by reference.
Commissioner DiGennaro and Commissioner Murphy returned to the meeting
and took their seats.
COUNTY ATTORNEY
The Board discussed direction regarding an RFP for air ambulance services.
Suzanne Hutton, County Attorney discussed the matter. The following individuals
addressed the Board: Pauline Klein, Bari Conte, representing Air Methods Corp.; Alana
Scalia, Diane Beruldsen, Kay Thacker; James Callahan, Acting Fire Chief; Colonel
Richard Ramsey, representing the Monroe County Sheriffs Office; Diane Beruldson and
Kay Thacker. After discussion, motion was made by Commissioner DiGennaro and
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seconded by Mayor Neugent not to go out for an RFP. Roll call vote was taken with the
following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington Yes
Mayor Neugent Yes
Motion carried.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item regarding a future policy on the
naming of public buildings. The following individuals addressed the Board: John Jones,
Tom Milone, Mamie Brown, Pauline Klein, Diane Beruldson and Kay Thacker. After
discussion, Mayor Neugent requested for Commissioner Murphy to speak with Alice
Allen, a BOCC appointed member on the Historic Preservation Committee, to see if they
would accept this responsibility and for Commissioner Murphy to report back to the
Board with their answer.
The Board discussed Commissioner DiGennaro's item concerning the direction
regarding the current status of County insurance issues. Roman Gastesi, County
Administrator; Suzanne Hutton, County Attorney; and Teresa Aguiar, Division Director-
Employee Services discussed the pending RFP for insurance services. Teresa Aguiar
advised the Board that the date for the opening of the proposals has been extended to
February 25,2009. Staff was directed to proceed with the opening of the RFP and report
back to the Board. Richard H. Legg Managing Senior Vice President & COO Wells
Fargo Third Party Administrators; Maylan Lowe- Watler, representing KPHA; and Diane
Beruldson addressed the Board.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a request from the Growth Management Division for
direction concerning Ordinance No. 023-2008 pertaining to gross acreage density
calculations for affordable, employee and workforce housing; which amends the text of
the Year 2010 Comprehensive Plan to allow maximum net density calculations for
affordable, employee, and workforce housing to be calculated on a gross acreage basis
while retaining open space, setback and buffering requirements. The following
individuals addressed the Board: Ron Deans, Executive Director Naval Air Station Key
West; and Diane Beruldson. Drew Trivette, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Wigington not to appeal the decision of the DCA, rej ect it and rescind the
ordinance. Roll call vote was unanimous.
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MONROE COUNTY HOUSING AUTHORITY
The Board discussed a Resolution approving a revision to the Local Housing
Assistance Plan, Homebuyer Assistance Strategy and providing for an effective date.
The following individuals addressed the Board: Manuel Castillo, Executive Director of
the Monroe County Housing Authority; and Diane Beruldsen. After discussion, motion
was made by Commissioner Carruthers and seconded by Mayor Neugent to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 042-2009
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item concerning a request from Florida
Keys Commercial Fisherman for support from the Board of County Commissioners on
their request of waiving the Spiny Lobster Tag Fee for 2009 from the Florida Fish &
Wildlife Commission. The following individual addressed the Board: Scott
Zimmerman, Executive Director of the Florida Keys Commercial Fishermen's
Association. No official action was taken.
The Board discussed Commissioner Carruthers' item regarding alternating the
order of roll call voting at the Board of County Commissioner's meetings. The following
individual addressed the Board: Diane Beruldsen. No official action was taken.
The Board discussed Commissioner Carruthers' item concerning a subsequent
amendment to the Administrative Procedures regarding seating order of the Commission
at the Board of County Commissioner's meetings. No official action was taken.
The Board discussed Commissioner Carruthers' item concerning staff review of
FDOT plans for Big Coppitt to ensure that traffic patterns are safe and adequate to
accommodate current traffic levels and potential additional trips resulting from the two
new Habitat for Humanity affordable housing developments, a potential Coconut Cove
development in Big Coppitt and the additional Habitat development planned for Cudjoe.
Designate staff responsible for review and establish timetable to update the Board as to
staff findings and action taken. Drew Trivette, Growth Management Director discussed
the matter. The following individual addressed the Board: Diane Beruldsen. The item
was referred to staff.
The Board discussed Commissioner Carruthers' item concerning recycling in
County-owned buildings and possible recycling initiatives in conjunction with the waste
removal contract countywide. The following individual addressed the Board: Diane
Beruldsen. Roman Gastesi, County Administrator discussed the matter. The item was
referred to staff.
21
The Board discussed Commissioner Carruthers' item concerning the County's
highway sign policy and coordination with FDOT requirements. The following
individuals addressed the Board: Dan Lesley, Anne Rodaman, Barney Brown,
representing Good Food Conspiracy; Denise Trilsch, Jeff Gagnon, representing
Kingston's Clam Bar; Leo Smith, representing The Detail Shop; Cathy Baier, Diane
Beruldsen, and Jimmy Johnson, representing Sugarloaf Marina. Suzanne Hutton, County
Attorney and Drew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to suspend the 150 code enforcement citations issued during
the sign sweep. Motion carried unanimously.
The Board discussed Commissioner DiGennaro's item concerning authorization
of a written request to FEMA introducing Resolution No. 513-2008 and requesting a
meeting following the next BOCC Regular meeting on February 18,2009. Letter from
BOCC will be accompanied by letters of support from Congresswoman Ileana Ros-
Lehtinen and State Representative Ron Saunders. County staff is asked to compile
revised implementation options and work with interested parties, as per the
aforementioned Resolution, for BOCC approval to propose to FEMA by the next BOCC
meeting. A formal meeting with FEMA will not occur until that time. The following
individuals addressed the Board: Diane Beruldsen and Pauline Klein. Drew Trivette,
Growth Management Director discussed the matter. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Carruthers granting approval
of Commissioner DiGennnaro's request to send a written request to FEMA as indicated in
the aforementioned Resolution; and directing staff to assist the Commissioner on the
matter. Motion carried unanimously.
COUNTY CLERK
The Board discussed rescinding an Interlocal Agreement between Monroe
County, and the Florida Keys Aqueduct Authority, and the municipalities of Key West,
Islamorada, Layton, Key Colony Beach and Marathon for multi-jurisdictional
coordination and cooperation regarding water supply, use and reuse and alternative water
supplies. Drew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval to rescind the item. Motion carried unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for December, 2008.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval of the appointment of Margie Mearns to the Historic
Preservation Commission. Motion carried unanimously.
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The Board discussed the County Administrator's Strategic Planning Initiative.
The Board agreed for the County Administrator to move forward on the initiative. The
Administrator named Lisa Tennyson as the lead person on the initiative.
Roman Gastesi, County Administrator discussed Federal & State lobbYing efforts
and indicated a report would be provided to the Board at the next BOCC meeting.
The Board discussed the approval/confirmation of the Administrator's
appointment of James Callahan as Monroe County Fire Chief/Division Director and Gary
Boswell as Deputy Chief of Operations, Fire Rescue. The following individuals
addressed the Board: Skip Haring, representing the City of Layton; Kay Thacker, and
Diane Beruldsen. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner DiGennaro granting approval of the item. Roll call vote was
taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington No
Mayor Neugent Yes
Motion carried.
The Board discussed the potential regionalization of Fire Rescue Services.
The following individual addressed the Board: Skip Haring, representing the City
of Layton. After discussion, motion was made by Commissioner Murphy to deny the
regionalization of Fire Rescue Services. Motion died for lack of a second. No official
action was taken.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney thanked her staff for the support given and the
costs savings to the county during the election's litigation. Ms. Hutton discussed
comments she sent to the attorney for the Florida Association of Counties concerning
beach park access legislation. Ms. Hutton also discussed her research on the county's
policy for training county employees on ethics rules. Roman Gastesi, County
Administrator discussed the ethics training. Bob Shillinger, Chief Assistant County
Attorney and Drew Trivette, Growth Management Director discussed the Florida Key
Deer litigation.
The Board discussed approval to advertise a Public Hearing for an Ordinance to
impose a five-cent local option motor fuel ("gas") tax; to clarify the statutory authority
for the existing six -cent "gas" tax, and to revise the distribution language for the existing
"gas" tax since the municipalities have incorporated since the prior Ordinance was
enacted; and approval to advertise a Public Hearing for an Ordinance to impose a ninth-
cent local option motor and special fuel ("gas") tax. Suzanne Hutton, County Attorney
23
discussed the matters. After discussion, motion was made by Commissioner Murphy and
seconded by Mayor Neugent to approve the advertisement of the items. Roll call vote
was waken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent Yes
Motion carried.
Suzanne Hutton, County Attorney discussed a request by property owner Michael
Cristler for further mitigation of fines in Code Enforcement Case CE05050056. The
following individual addressed the Board: Michael Cristler. Bob Shillinger, Chief
Assistant County Attorney and Drew Trivette, Growth Management Director discussed
the matter. Motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to settle the case in the amount of$19,687.50 (25% of accrued
fines per Resolution No. 148-2008). Motion carried unanimously.
The County Attorney deleted from the agenda the approval to schedule an
Attorney-Client Closed Session of the Board of County Commissioners in the matter of
Tropex Construction Service, Inc. v. Monroe County, CA P 06-44 to be held at the
regularly scheduled meeting in Key Largo on February 18,2009.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval of staff recommendation of reduction to $5,300 to cover
most of the costs of the code enforcement personnel and the County Attorney's Office in
enforcing the codes of this County concerning a request by property owner HSBC Bank
USA for mitigation of fines in Code Enforcement Cases CE07060155 and CE07070042.
Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington to exempt 39 units from system development charges of Key Largo
Wastewater District (KLWTD) for Burton Drive Affordable Housing Project. Motion
carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval and authorizing execution of the Seventh Amended Settlement
Agreement in Richard M Osborne & Conch Contrada LC v. Monroe County & Joe
Paskalik, CA K 01-108. Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval to advertise a Public Hearing for the purpose of adopting and
implementing a Monroe County False Claims Ordinance to deter persons from causing
Monroe County to pay claims that are false, fraudulent or inflated and providing
24
enforcement and providing penalties including damages for the submission of false
claims to the County. Motion carried unanimously.
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
i.\~e. ~~
Isabel C. DeSantis, Deputy Clerk