02/18/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 18,2009
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Murray E. Nelson Government Center. Present and
answering to roll call were Commissioner 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 Staft: members of the press
and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Mayor Neugent and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Presentation of the Employee Service Award to Kevin Wilson, Project Manager,
for the month of October 2008.
Presentation of Mayor's proclamation declaring the month of March 2009 as
Seagrass Awareness Month.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Board granted approval to advertise for proposals for the purchase of a new
Tanker that meets the needs of Monroe County, as determined by the Fire Rescue
Apparatus and Equipment Committee.
Board granted approval to award Fire Rescue surplus item and transfer title of a
2000 Custom Mobile Home Office Trailer, Title 81727664, VIN # Cc6370, County Plate
# 168092, as described in the Recap of Bid Opening on December 4,2008, Item #38, to
New Moon Management Corp. for $4001.00. (Said Recap is incorporated herein by
reference).
Board granted approval and authorized execution of Amendment #001 to the
Alzheimer's Disease Initiative (ADI) Contract No. KZ897 between the Alliance for
Aging, Inc. (Aging Resource Center) and the Monroe County Board of County
Commissioner (Community Services/In-Home Services) for Fiscal Year 7/1/08 to
6/30/09.
Board adopted the following various Resolutions concerning the Transfer of
Funds and the Receipt of Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 043-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 450-2008 (OMB Schedule Item No.2).
RESOLUTION NO. 044-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 045-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 046-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 047-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 048-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 049-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 050-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 051-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.1 0).
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RESOLUTION NO. 052-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 053-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 054-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 055-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 056-2008
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment
for Fund 101 Fine & Forfeiture Fund, and Fund 153 Local Housing Assistance.
Board granted approval of the receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Board granted approval and authorized execution of a First Amendment to
Agreement between Monroe County and MBI/K2M Architecture, Inc. for the interior and
exterior modifications of the Marathon Courthouse.
Board granted approval to rescind the Contract of June 18, 2008 awarded to
Leonardo Nierman to display a 12' tall sculpture at the Freeman Justice Center, and
granted approval and authorized execution of a revised Contract between Monroe County
and Leonardo Nierman.
Board granted approval and authorized execution of an Award Agreement for Art
in Public Places to Kim & Ian Workman d/b/a Kimian's Art II, for artwork at the Key
West International Airport.
Board granted approval and authorized execution of an Award Agreement for Art
in Public Places to Nan Thurn Kitchens d/b/a Architectural Clayworks, for artwork at the
Key West International Airport.
Board granted approval and authorized execution of an Award Agreement for Art
in Public Places to Team McMow d/b/a McMow Art Glass, Inc., for artwork at the Key
West International Airport.
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Board granted approval and authorized execution of an Award Agreement for Art
in Public Places to Richard Moody, for artwork at the Key West International Airport.
Board granted approval and authorized execution of an Award Agreement for Art
in Public Places to Elena Ortega d/b/a Artsy Studio, for artwork at the Key West
International Airport.
Board granted approval to rescind the transfer of title to County vehicle number
1419-087 (serial number 2FAFP71W9XXI09382), as approved on January 28,2009, and
approval to transfer County vehicle number 1001-559, a 2000 Ford Taurus (serial number
IFAFP5226Y A203729) to the SugarloafFire Department.
Board granted approval to demolish and dispose of the old building located in the
parking lot of the Plantation Key Courthouse, Plantation Key.
Board granted approval and authorized execution of a one-year Residential Lease
Agreement for Location B with the Sheriffs Deputy to commence April 1, 2009 and
terminating March 31,2010.
Board granted approval to amendment the Agreement and exercise the first option
to renew the Contract between Monroe County and U. S. Water Services Corporation for
the operation and maintenance of the sewage treatment plant at the Plantation Key
Government Complex.
Board granted approval to pay Big Pine Athletic Association, Inc. on a month-to-
month basis for temporary management of the Big Pine Skate Park pending a February
18, 2009 re-bid opening for permanent management and ratify the August 22, 2008
Agreement.
Board granted approval to extend the current General and Professional Liability
Insurance with Lantana Insurance Ltd. for Bayshore Manor and waiver of policy
requiring going out for RFP.
Board granted approval of HIPP A (Health Insurance Portability and
Accountability Act) Business Associate Contract Addendum between Monroe County
and Walgreens Health Initiatives, Inc. The purpose of this addendum is to satisfy certain
standards and requirements of HIPP A and HIPP A Regulations, including, but not limited
to Title 45, Section 164.50(e) of the Code of Federal Regulations.
Board granted approval and authorized execution of Amendment No. 1 to the
Prescription Management Plan Services Agreement between Monroe County and
Walgreens Health Initiatives, Inc. (WHI).
Board granted approval of Schedule for Purchase of Dedicated Maintenance
Technician #CPE50416 from Bellsouth Communication Systems, LLC d/b/a AT & T
Communications Systems Southeast ("A T & T").
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Clarification of the Monroe County Identification No. 141906-2 (2420) assigned
to a 1994 Ford Ambulance, VIN No. IFDLF47M7REA39787, and approval ofa Bill of
Sale, Absolute awarding this surplus vehicle to the highest bidder.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution to provide additional advance
registration, booth related expenses and travel related expenses for trade shows for the
Fiscal Year 2010 to be paid from TDC funds in Fiscal Year 2009.
RESOLUTION NO. 057-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution transferring DAC III Capital Resources
into DAC III Advertising Resources.
RESOLUTION NO. 058-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement between
Monroe County and Super Boat International Productions, Inc. covering the Marathon
Super Boat Grand Prix on May 15-17, 2009 in an amount not to exceed $25,000, DAC
III, FY 2009 Event Resources.
Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 2-297(A) and 2-300(A) and (B) of the Monroe County Code.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Keys Association of Dive Operators (KADO) to revise the
Recommendation Committee Member name for DAC III.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Murray Marine, Inc. to revise name of event to Key West
Harbor King Mackerel Tournament.
Board granted approval and authorized execution of an Agreement between
Monroe County and AT&T to provide long distance telephone services to the Tourist
Development Council.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing the acceptance of Block 2,
Lot 2, Paraiso Estates on 75th Street in Marathon from the Monroe County
Comprehensive Plan Land Authority for affordable housing.
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RESOLUTION NO. 059-2009
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution extending the deadline until March 19,
2010 for the reservation of the "H" value and for the award of sixteen (16) affordable
dwelling unit allocations for Caya Place LLC on Big Pine Key on the eastern parcel (RE
00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine).
RESOLUTION NO. 060-2009
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of a letter by the Monroe County Board of County
Commissioners be sent to Senator Atwater and Speaker Cretul requesting action to waive
trap fees for Commercial Fisherman in the Florida Keys.
Board adopted the following Resolution of the Monroe County Board of County
Commissioners supporting the creation of a Sanctuary Preservation Area (SP A) within
the Florida Keys National Marine Sanctuary (FKNMS) at the reef area known as Snapper
Ledge, Tavernier, Key Largo, Florida requesting that the Sanctuary Advisory Council
(SAC) consider and approve a similar recommendation for the purposes of providing
lasting protection to this vital and unique Sanctuary Resource, and providing for
transmittal of this Resolution to the Chairman of the Sanctuary Advisory Council and the
Superintendent of the FKNMS.
RESOLUTION NO. 061-2009
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution of the Monroe County Board of County
Commissioners providing a process for the appointment of the eleven members of the
Affordable Housing Advisory Committee (AHAC), establishing a meeting frequency,
dismissing the existing members of the AHAC, thanking them for their service and
committing Commissioners to making new appointments at the March meeting of the
BOCC in accordance with the attached appointment list.
RESOLUTION NO. 062-2009
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted approval of the following Warrants (104136-104175 & 536650-
537492): Fine & Forfeiture Fund (101), in the amount of$3,001,205.16; TDC District
Two Penny (115), in the amount of$134,156.88; TDC Admin. & Promo 2 Cent (116),
in the amount of$343,320.25; TDC District 1,3 Cent (117), in the amount of
$363,290.78; TDC District 2,3 Cent (118), in the amount of$67,822.96; TDC District
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3,3 Cent (119), in the amount of$195,711.56; TDC District 4,3 Cent (120), in the
amount of$32,068.19; TDC District 5,3 Cent (121), in the amount of $73,449.82; Gov.
Fund Type Grants (125), in the amount of $1 02,497.44; Impact Fees Roadways (130),
in the amount of$68,991.27; Impact Fees Parks & Rec (131), in the amount of
$91,161.46; Uninc Svc Dist Parks & Rec (147), in the amount of$166,329.69; Plan,
Build, Zoning (148), in the amount of$57.97; Municipal Policing (149), in the amount
of$33,562.08; 911 Enhancement Fee (150), in the amount of$73,612.28; Duck Key
Security (152), in the amount of$15,217.45; Local Housing Assistance (153), in the
amount of $46,409.26; Boating Improvement Fund (157), in the amount of $4,661.94;
Misc. Special Revenue Fund (158), in the amount of$22,621.88; Environmental
Restoration (160), in the amount of$3,245.76; Law Enforcement Trust (162), in the
amount of$44,203.85; Court Facilities Fees-602 (163), in the amount of$I,862.04;
Drug Abuse Trust (164), in the amount of$11,302.03; Marathon Municipal Service
(166), in the amount of$I,064.00; Stock Island Wastewater (171), in the amount of
$1.29; Cudjoe-SugarloafMSTU (172), in the amount of $209,474. 10; 1 Cent Infra
Surtax (304), in the amount of $33,834.00; 2003 Revenue Bonds (307), in the amount of
$118,585.82; Big Coppitt Wastewater Pr (310), in the amount of$391,955.28; Duck
Key Wastewater (311), in the amount of$466,371.30; Card Sound Bridge (401), in the
amount of$2,198,859.66; Key West Inti. Airport (404), in the amount of $3,374.46;
KW AlP Series 2006 Bonds (405), in the amount of $52,407.49; MSD Solid Waste
(414), in the amount of$655,653.68; Worker's Compensation (501), in the amount of
$571,294.65; Group Insurance Fund (502), in the amount of$I,093,371.02; Risk
Management Fund (503), in the amount of $7,636.26; Fleet Management Fund (504),
in the amount of$195,273.22; Law Enforcement Trust Fund (600), in the amount of
$10,958.75; Court Facilities Fees (602), in the amount of$93,862.19; Fire&EMS
LOSAP Trust Fund (610), in the amount of$I,200.00.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bids. (Said list is incorporated herein by reference).
Board granted approval of the following Tourist Development Council
Expenditures for the month of January, 2009: Advertising, in the amount of$537,158.28;
Visitor Information Services, in the amount of$61,101.00; Events, in the amount of
$58,408.92; Office Supplies & Operating Costs, in the amount of$30,585.85; Public
Relations, in the amount of$155,761.28; Sales & Marketing, in the amount of
$58,499.47; Telephone & Utilities, in the amount of$21,676.82; Travel, in the amount of
$5,640.40.
COUNTY ATTORNEY
Board granted authorization for the Mayor to execute the Trust Fund Release and
Disbursal Agreement in order to obtain $20,400.19 held in trust by Miami Dade County
as part of the Settlement Agreement between the South Florida Employment and Training
Consortium and the Agency for Workforce Innovation.
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Board corrected the motion made and approved on January 28,2009, regarding
the County's Burton Drive affordable housing project, to seek to exempt EDD's from
system development charges, changing the number from 39 to 36.
ENGINEERING
Board granted approval to advertise a Request for Qualifications for bridge repair
design services, in anticipation of receiving federal economic stimulus dollars for
transportation projects.
PUBLIC DEFENDER
Board granted approval and authorized execution of a First Amendment to Lease
for the Public Defender office space, in order to add 570 square feet, between Monroe
County (on behalf of Public Defender) and Strombus Corporation. This change will
increase the monthly rent by $1,920.58 per month beginning March 1,2009. The Public
Defender has agreed to pay for any construction out of its current budget. However, the
rent increase does represent an increase in the Public Defender's budget for this Fiscal
Year.
Motion carried unanimously.
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 Mayor George Neugent, Commissioner Sylvia Murphy,
Commissioner Mario DiGennaro, Councilman Clark Snow and Mayor Norman
Anderson.
Motion was made by Commissioner Murphy and seconded by Mayor Neugent
granting approval and authorizing execution of a Renewal Agreement effective from
March 1,2009 through February 28,2010 between the Board of Governors of Fire and
Ambulance District 1 of Monroe County, Florida and Roy Khanna for maintenance of
Fire Rescue vehicles ( ambulances) including inspections, preventative maintenance, and
unscheduled maintenance and repairs resulting from failure or malfunction. Motion
carried unanimously.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all commissioners
present.
MISCELLANEOUS BULK APPROVALS
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The Board discussed the Fiscal Year 2010 Budget Timetable. Tina Boan, Senior
Budget 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. Said document is incorporated herein by
reference.
The Board discussed approval of a Contract for Professional Services with
Architects Design Group, Inc. (ADG) for the design, contract documents, and project
administration of the Monroe County Emergency Operations Center in Marathon. The
Architectural services contract is a fixed fee of $1 ,082,044.00. The fixed fee is based on
7.5% of the estimated construction costs of $ 12,400,000.00 (which is $13,000,000.00
minus the site work of $600); therefore, if the costs of construction go up the Architect
fee will go up. As discussed, at this point the estimated cost of construction is an
estimate only. Roman Gastesi, County Administrator; Jerry Barnett, Director of
Facilities Development; Suzanne Hutton, County Attorney; and James Callahan, Fire
Chief After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to table the item to later in the day. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Murphy's item concerning a Resolution by
the Affordable Housing Advisory Committee expressing appreciation to the Monroe
County Board of County Commissioners for the successful use and repayment of funds
from the Affordable and Employee Housing Fair Share Impact Fee Trust Fund for impact
fees for the Woods Comer affordable housing project. Jim Saunders, representing the
Affordable Housing Advisory Committee addressed the Board. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy
recognizing the resolution. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed Supplemental Lease Agreement No.5 between Monroe
County and the United States of America, for rental space for the Transportation Security
Administration at the Key West International Airport. Peter Horton, Airports Director
addressed the Board. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy to delete the item from today's agenda. Motion
carried unanimously.
The Board discussed using $416,089.00 in District 3 impact fees for the park at
the Murray E. Nelson Government & Cultural Center, in lieu of using infrastructure
funds. This change does not reflect an increase in contract amount. Jerry Barnett,
Director of Facilities Development and Roman Gastesi, County Administrator 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 an Amendment to the Contract between Monroe County and
Guidance Clinic of the Middle Keys, replacing Attachment C, which concerns
subcontracted BakerIMarchman Act transportation and increasing the Contract amount
for these services from $48,000 to $146,000. Tina Boan, Sr. Budget Director discussed
the matter. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
The Board discussed reducing the retainage withheld from Morganti
subcontractors Florida Keys Electric, Inc., and JLU Enterprises, for work completed at
the Key West International Airport New Terminal Building and Renovation construction
project. Peter Horton, Airports Director discussed the matter. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval of the item. Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board discussed Interlocal Agreements with the Florida Keys Aqueduct
Authority/Islamorada, Village of Islands/City of Key West/City of MarathonlKey Largo
Wastewater Treatment District to share the costs of Federal and State lobbyist services to
advocate for funding on the subject of wastewater and other infrastructure projects in the
Florida Keys; and Agreements with Ronald L. Book, P.A./Tew Cardenas LLPIFloridian
Partners LLC/Quantum Results, Inc., for Federal and State lobbyist services, advocating
for funding on the subject of wastewater and other infrastructure projects in the Florida
Keys. The following individuals addressed the Board: Tom Dillon, Susan Hammaker
and Charles Brooks representing the Key Largo Wastewater Treatment District; Michael
Collins, representing the South Florida Water Management District Governing Board;
Jackie Harder, representing Key Largo Chamber of Commerce, Diane Beruldson and
Kay Thacker. Roman Gastesi, County Administrator and Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to continue agenda items M4
through M12 to a Special Board Meeting on February 27,2009 in Marathon at 1:00 p.m.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced that there is one vacant position on the Tourist
Development Council District I Advisory Committee for an "At Large" appointment.
The Clerk announced that there is one vacant position on the Tourist
Development Council District II Advisory Committee for an "At Large" appointment.
The Clerk announced that there are two vacant positions on the Tourist
Development Council District N Advisory Committee for two "At Large" appointments.
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Diane Beruldson addressed the Board.
Mayor Neugent introduced Steven Frink, underwater photographer who installed
underwater photography on a prominent wall in the lobby of the Murray E. Nelson
Government Center.
The Board discussed an Agreement between Monroe County and Upper Keys
Business Group, Inc. covering Key Largo Conch Republic Days on April 17-26, 2009 in
an amount not to exceed $18,500, DAC V, FY 2009 Event Resources. The following
individual addressed the Board: Sir Peter Anderson, representing the Conch Republic.
After discussion, motion was made by Commissioner Murphy granting approval of the
item. Motion died for a lack of a second. Motion was then made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to deny approval of the item. 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.
COUNTY ADMINISTRATOR
The Board discussed approval/confirmation of Robert B. Nix as the Senior
Director of Planning and Environmental Resources. The following individual addressed
the Board: Kay Thacker. Andrew Trivette, Growth Management Director; and Roman
Gastesi, County Administrator discussed the matter. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Neugent to confirm Robert
B. Nix as the Senior Director of Planning and Environmental Resources. Roll call vote
was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent Yes
Motion failed.
STAFF REPORTS
Airports - Peter Horton, Airports Director advised the Board that a week from
today the first flights will leave the from the new Key West International Airport. Mr.
Horton also advised that the airports received two grant agreements from the Federal
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Aviation Administration in the amount of$710,291.00 for KWIA; and $48,693.00 for
FKMA.
Budget & Finance - Tina Boan, Senior Budget Director gave a quarterly update
and provided the Board with the document entitled: Quarterly Focus, Monroe County
Office of Management & Budget, 1st Quarter-end, Fiscal Year 2009, Volume 1, Issue 1.
DIVISION OF GROWTH MANAGEMENT
The Board discussed direction to staff regarding extension of a Lease Agreement,
Development Agreement, Development Order, and renewal of building permits for the
project known as Flagler Village in Stock Island. The following individuals addressed
the Board: Diane Beruldson and Attorney Bobby Highsmith, Esq. Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner Murphy directing Staff to
move forward and give notice to the bank and lessee that the item will be before the
Board at the March meeting for a finding of default. Drew Trivette, Growth Management
Director discussed the matter. Motion carried unanimously.
MONROE COUNTY SHERIFF'S OFFICE
The Board discussed the nomination of Mr. Peter Rosasco to the Sheriff's Shared
Asset Forfeiture Board (SAFF), replacing Dr. David Rice who resigned. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to continue the item to the next meeting. Motion carried
unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Wigington's item concerning direction to
staffregarding adoption, implementation and enforcement of a "4 Day Rule" regarding
agenda back-up material provided to the County Commission. Suzanne Hutton, County
Attorney discussed the matter. The following individual addressed the Board: Diane
Beruldson addressed the Board. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner DiGennaro granting approval of the item.
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro directing staff to explore and strengthen "Whistle-blower" protection policies
to ensure Monroe County employees have no fear of reprisal when reporting unlawful
activity to appropriate authorities for investigation or corrective action. Motion carried
unanimously.
The Board discussed Commissioner DiGennaro's item concerning Regular BOCC
meetings which run into the evening hours; set adj ournment by a certain time to
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reconvene in the morning of the second meeting date held aside specifically for this
purpose at the end of to day's meeting. No official action was taken.
The Board discussed Commissioner Carruthers' item concerning directions and
possible action regarding Higgs Beach. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy that Monroe County
pay up to $40,000 from contingency funds for an officer to patrol Higgs Beach. Motion
carried unanimously. The following individual addressed the Board: Diane Beruldson.
WASTEWATER ISSUES
Liz Wood, Senior Administrator, Sewer Projects referred the Board to the written
Engineering Division - Wastewater Projects - January 2009 Status Report - dated
February 18,2009.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval and authorizing execution of a Second Amendment to the
6/21/06 Interlocal Agreement between Monroe County and Florida Keys Aqueduct
Authority that clarifies the ILA restriction of the use of State Revolving Fund (SRF)
proceeds for the Big Coppitt project to allow for future SRF proceeds to fund alternate
projects. Motion carried unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for January, 2009.
The Board discussed the Hickory House Property. Roman Gastesi, County
Administrator and Suzanne Hutton, County Attorney discussed the matter. The Board
requested Staff to go out for an RFP to see what kind of proposals people have with
respect to sale, lease, lease option, or any other option regarding the Hickory House
property.
ENGINEERING
The Board discussed a Resolution prioritizing transportation projects in Monroe
County for the American Economic Recovery and Reinvestment Act, prompted by
President Obama's economic stimulus plan. Judy S. Clarke Director of Engineering
Services discussed the matter. The following correction was read into the record:
Highways and Bridges/Surfaces - Sombrero Beach BOl:1h~~/ard Road and Toms Harbor
Channel Bridge is Monroe County's bridge connecting US#1 to Duck Key. After
discussion, motion was made by Commissioner Murphy and seconded DiGennaro to
adopt the following Resolution, as revised: Motion carried unanimously.
RESOLUTION NO. 065-2009
Said Resolution is incorporated herein by reference.
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COUNTY ADMINISTRATOR
The Board discussed the annual appointments to the Older American Advisory
Board. Roman Gastesi, County Administrator discussed the Matter. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval of the item.. Said document is incorporated herein by reference.
Motion carried unanimously.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney advised the Board she did not have a written
litigation report as her office was very busy handling other legal issues. Ms. Hutton
indicated she would bring to the Board at the next March BOCC meeting a synopsis of
legislative bills she received from the county's lobbyist. Further, Ms. Hutton discussed
agenda item H3 - Flagler Village, from earlier in the day. Motion was made by
Commissioner Wigington and seconded by Commissioner Murphy to rescind the prior
motion which directed Staff to move forward and give notice to the bank and lessee that
the item will be before the Board at the March meeting for a finding of default. Motion
carried unanimously. Motion was then made by Commissioner DiGennaro and seconded
by Commissioner Murphy directing Staff to give notice to the lessee only that the item
will be before the Board at the March meeting for a finding of default. Motion carried
unanimously. Drew Trivette, Growth Management Director discussed the matter.
The Board discussed a request to waive conflict to allow Gray Robinson, P .A. to
represent bank in foreclosure action in which Monroe County has a Second Mortgage on
the property as part of the SHIP loan program. Suzanne Hutton, County Attorney
discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
MISCELLANEOUS BULK APPROVALS
The Board returned to the item concerning the Contract for Professional Services
between Monroe County and Architects Design Group, Inc. (ADG) for the design,
contract documents, and project administration of the Monroe County Emergency
Operations Center in Marathon. Jerry Barnett, Director of Facilities Development
discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy granting approval and authorizing execution of
the item, as revised. Motion carried unanimously.
STAFF REPORTS
Growth Management - Andrew Trivette, Growth Management Director reported
to the Board that a consultant working in growth management who was reviewing
hurricane evacuation has relocated from the University of Maryland National Center for
Smart Growth to the University of Utah where he plans, through an award of grant
money, to form a similar institute that would focus more on transportation planning and
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smart growth that is still in line with the project given and is expected to be delivered at
the end of the month. Mr. Trivette also discussed the working waterfront ordinance-
requested comments from the Board and indicated that the ordinance will include a data
analysis review sheet.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item concerning Regular BOCC
meetings which run into the evening hours; set adj oumment by a certain time to
reconvene in the morning of the second meeting date held aside specifically for this
purpose. Commissioner DiGennaro removed the item from the agenda.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution for a Budget
Amendment of Fiscal Year 2009 One Cent Infrastructure Sales Tax Fund 304, 2003
Revenue Fund 307,2007 Revenue Bond Fund 308 and Big Coppitt Wastewater Project
Fund 310. 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. 063-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider 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 enforcement and penalties,
including damages, for the submission of false claims to the County. There was no
public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 002-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider rescission of Land Development
Regulation Ordinance 020-2008 which amended Sec. 9.5-258 of the Monroe County
Land Development Regulations to allow the provision of Central Wastewater service and
support utilities to developed properties located within the Coastal Barrier Resources
System. The following public speakers addressed the Board: Hallett Douville, Beth
Ramsay-Vickrey, representing No Name Key Property Owner's Association; Snell
(Mick) Putney, Diane Beruldson, and Alicia Putney, representing the Solar Community
of No Name Key. Motion was made by Commissioner DiGennaro to postpone the item
to the next Marathon meeting. Motion died for a lack of a second. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Wigington
to rescind Ordinance No. 020-2008. Roll call vote was unanimous.
42
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
~oJ..-l.Q_J~. ~
Isabel C. DeSantis, Deputy Clerk