05/20/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 20, 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 & Cultural 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 25 years of service to Monroe County
to Norma Kula, Director of Libraries.
Presentation of Years of Service Award for 10 years of service to Monroe County
to Sylvia Capote, Custodian, Facilities Maintenance, Public Works Division.
Presentation of Mayor's Proclamation declaring May 22, 2009 as Maritime Day.
Presentation of Mayor's Proclamation observing the week of May 17-23,2009 as
"Emergency Medical Services Week".
Public presentation of annual volunteer and career firefighter's awards.
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Mayor Neugent
granting approval of the following items by unanimous consent:
Board granted approval and authorized execution of a Contract between Monroe
County and Weathertrol Maintenance Corporation for the HV AC Equipment
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Replacement project at the Florida Keys Marathon Airport, in the total amount of
$466,111.00.
Board granted approval to advertise Request for Proposals (RFP) for Janitorial
Services at the Florida Keys Marathon Airport.
Board granted approval to enter into a Public Transportation Joint Participation
Agreement for Federal Transmit Administration Section 5316 Job Access & Reverse
Commute Program with the Florida Department of Transportation. Grant was submitted
pursuant to Resolution No. 498-2007.
Board granted approval of award of bid and authorized execution of a Food
Service Contract between Monroe County and G.A. Food Service, Inc. for a period of
seven months beginning on June 1,2009 and ending December 31,2009, with an option
to renew for two consecutive one-year renewal periods through contract amendment
beginning on January 1,2010.
Board granted approval for Class Act Cleaning to continue to provide janitorial
services for the Key West Airport existing terminal building on a month to month basis,
pending advertising a Request for Proposals, selection of vendor, and Contract for
janitorial services.
Board granted approval and authorized execution of Supplemental Joint
Participation Agreement between Monroe County and the Florida Department of
Transportation for additional funding for the Runway Safety Area project at the Key
West Airport.
Board granted approval to waive Purchasing Policies and Procedures, to pay Lang
Environmental Inc. $14,138.00 for the emergency removal of asbestos in the old
Terminal Building at the Key West International Airport, and to pay EE&G
Environmental Services, $3,350.00, for consulting services in relation to the asbestos
removal.
Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and Stand Up for Animals, Inc. for operation of the Big Pine
Key and Marathon Animal Shelters.
Board granted approval to waive the $10.00 adoption fee for adult cats during the
month of June 2009, in observation of Adopt-A-Cat Month.
Board granted approval and authorized execution of Modification No.1
restructuring the rental rate in the Lease Agreement between Monroe County and the
State of Florida Department of Juvenile Justice for office space on the second floor of the
Department of Juvenile Justice Building on Stock Island.
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Board granted approval to exercise the second option to renew the Contract
between Monroe County and Diversified Services of Key West, Inc. for janitorial
services at the May Hill Russell Library, Key West, Florida, and the Department of
Juvenile Justice Building.
Board granted approval to exercise the second renewal option to the Agreement
between Monroe County and Weathertrol Maintenance Corp. for central air conditioning
maintenance and repair for Lower Keys Facilities.
Board granted approval to institute legal proceedings against Glen Boe &
Associates, Inc. for failure to timely provide the application paperwork to the County, for
the Roth Building WWTP permit, in order for the County to submit the paperwork to the
FDEP prior to the application deadline.
Board granted approval to institute legal proceedings against Glen Boe &
Associates, Inc. for failure to timely provide the application paperwork to the County, for
the Monroe (Marathon) Regional Service Center, in order for the County to submit the
paperwork to the FDEP prior to the application deadline.
Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and All Power Generators, Corp. for emergency generator
inspections and electrical repairs, upper, middle and lower keys facilities from Card
Sound to Key West for one additional year.
Board granted approval to award bid and authorized execution of a Contract for
bio-diesel fuel to the lowest acceptable bidder, Blaylock Oil Company.
Board granted approval and authorized execution of the Fourth Amendment of
Contract for Temporary Pigeon Key Ferry Service between Monroe County and Paradise
Divers, Inc. extending the termination date to December 31, 2009.
Board approved the receipt of monthly report on Change Orders reviewed by the
County Administrator's Office.
Board granted approval and authorized execution of a Third Amendment to
Contract for Consulting Services for Americans with Disabilities Act (ADA) Compliance
Assessments between Monroe County and MBI/K2M Architecture, Inc.
Board granted approval and authorized execution of a Second Amendment to
Contract between Monroe County and Currie Sowards Aguila Architects for
Architect/Engineering services at the Murray E. Nelson Government and Cultural Center.
Board granted approval and authorized execution of a Utility Easement by and
between Monroe County and Keys Energy Services for the Big Pine Key Fire Station.
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Board granted approval and authorized execution of a Third Amendment to
Contract between Monroe County and Currie Sowards Aguila Architects for
Architect/Engineering Services at the Murray E. Nelson Government and Cultural
Center.
Board granted approval to renew current Employee Assistance Agreement
between Monroe County and Horizon Behavioral Services, Inc. for one year.
Board granted approval for Mayor to sign title transferring County Vehicle No.
0970-5875,2006 Ford F-150 (VIN 1FTRF12297NA37801), to insurance company.
Board granted approval of the Class A Emergency Medical Services Certificate of
Public Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire Department,
Inc. d/b/a Ocean Reef Public Safety Department (ORPSD) for the operation of an ALS
transport ambulance service for the period June 1,2009 through May 31,2011.
Board granted acceptance of the Monroe County Length of Service Award
Program (LOSAP) actuarial valuation report for the Plan Year 2008; transfer of funds for
Plan Year 2008 and 1989 into the LOSAP Trust Fund; and adopted the following
Resolution authorizing each participant in LOSAP to be credited with additional year of
servIce.
RESOLUTION NO. 123-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Federally Funded Subgrant
Agreement between Monroe County and the State of Florida, Division of Emergency
Management concerning the Severe Repetitive Loss (SRL) Grant Program Contract
Number: 09SR-47-11-54-01; SRL-PJ-04-FL-2008-024 (Finigan) in the amount of
$149,478.66; authorization to execute the Severe Repetitive Loss Project Agreement
between Monroe County and Lesley A. Finigan Revocable Trust; and authorization for
the County Administrator to execute any other required documentation in relation to the
application process.
Board adopted the following Resolutions concerning the Transfer of Funds and
the Receipt of Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 124-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 125-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 126-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No.1 09-2009 (OMB Schedule Item No.4).
RESOLUTION NO. 127-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 128-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 129-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 130-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 131-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 132-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 133-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 134-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 135-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 136-2009
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 137-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 138-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 139-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 140-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 141-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 142-2009
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 056-2008 (OMB Schedule Item No. 20).
RESOLUTION NO. 143-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 144-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 145-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 146-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 147-2009
Said Resolution is incorporated herein by reference.
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Board granted approval of submission of Final Program Report for Contract with
the State of Florida Department of Children and Families for the Criminal Justice, Mental
Health and Substance Abuse Reinvestment Grant as required by DCF.
Board granted approval to advertise a Public Hearing for a Budget Amendment
for Fund 404 Key West International Airport, and approval to create a new Fund 406
Passenger Facility Charge.
Board adopted the following Resolution authorizing the write-off of outstanding
receivables owed to Monroe County by the Pigeon Key Foundation.
RESOLUTION NO. 148-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Renewal between
Monroe County and Public Financial Management Inc. (PFM), Financial Advisor to
Monroe County for two additional years.
Board granted approval of Modification #2 to the State-Funded Subgrant
Agreement, Contract Number 08-EC-30-11-54-01-039, extending the date for the federal
funding from May 8,2009 to December 7,2009, and for the State funding from June 30,
2009 to June 30, 2010, for a new Emergency Operations Center (EOC).
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Tinsley Advertising and Marketing, Inc. to exercise option
within Agreement to extend the Agreement for an additional two year period to
September 30, 2011.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Cooke Communications, LLC a Delaware Limited Liability
Company d/b/a "Floridakeys.com and KeyW est. com" , to revise scope of services and
compensation.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Supplemental Joint
Participation Agreement (JP A) No. 1 between Monroe County and the Florida
Department of Transportation (FDOT) for Contract No. AOU27 for Transportation
Planning Consultant Assistance and Transportation Planning Staff Assistance (Scenic
Highway Coordinator Position), extending the term of the JP A from December 31, 2009
to December 31,2010, and providing additional funding of$417,000.00.
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Board granted approval and authorized execution of Amendment No.3 to
Contract between Monroe County and URS Corporation Southern to increase the
compensation cap from $355,000 to $406,000.
Board ratified the Florida Keys Scenic Corridor Alliance (FKSCA) Grant
Application to VISIT FLORIDA for Florida Keys Scenic Highway Website Development
using existing FDOT funding, authorizing the administrator to execute documents
accepting the grant.
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. 149-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment No.1 to
Agreement between Monroe County and James F. Murley, Esquire to clarify scope of
servIces.
Board adopted the following Resolution acknowledging the impacts associated
with illegal unpermitted vessel mooring proliferating throughout the keys, and requesting
the Florida Fish & Wildlife Conservation Commission, the Florida Department of
Environmental Resources, and the Board of Trustees of the Internal Improvement Trust
Fund to coordinate with Monroe County in addressing such impacts.
RESOLUTION NO. 150-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Occupancy Agreement
and 99 Year Lease between Monroe County and Habitat for Humanity of the Upper
Keys, Inc. for property located at 98970 Overseas Highway in Key Largo (RE#
00522220-000000) for continued use of store building and the construction of five (5)
units of Affordable Employee Housing.
MONROE COUNTY HOUSING AUTHORITY
Board granted approval of the Governor's appointment of David P. Purdo to the
Monroe County Housing Authority Board of County Commissioners.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner DiGennaro's reappointment of Dennis
Wooten to the Duck Key Security District Advisory Board, with a term expiring June 1,
2012.
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Board granted approval of Commissioner DiGennaro's appointment of James
Bernardin to the Tourist Development Council as the District 4 representative to fulfill
the term of Frank Rego, with a term expiring February 1, 2012.
Board granted approval of Commissioner Wigington's appointment of
Christopher Fogarty to the Green Initiative Task for replacing Glenn Stevenson, with a
term expiring August 28, 2009.
Board granted approval of Commissioner Wigington's appointment of Les Faust
to the Green Initiative Task Force replacing Robert Drolet, with a term expiring August
28, 2009.
Board adopted the following Resolution opposing Florida State House Bill 1171
and Senate Bill 2036, opposing any legislation having the result of abrupt deregulation of
the insurance industry, removing effective consumer protection against unregulated rates,
and seeking Governor Crist's veto if the legislature passes such bills.
RESOLUTION NO. 151-2009
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Carruthers' removal of Donna Windle
from the Monroe County Planning Commission.
Board granted approval of Commissioner Carruthers' appointment of Elizabeth
Lustberg to the Monroe County Planning Commission, replacing Donna Windle, with a
term expiring November 18,2012.
COUNTY CLERK
Board granted official approval of the BOCC minutes from the Regular meetings
of March 18, 2009 and April 15, 2009 (previously distributed).
Board granted approval of the following Warrants (104372-104460 & 539205-
540243): Fine & Forfeiture Fund (101), in the amount of$3,398,825.01; TDC District
Two Penny (115), in the amount of$6,321,663.93; TDC Admin. & Promo 2 Cent
(116), in the amount of$42,673.51; TDC District 1,3 Cent (117), in the amount of
$385,977.14; TDC District 2,3 Cent (118), in the amount of$533,478.47; TDC District
3,3 Cent (119), in the amount of$379,115.60; TDC District 4,3 Cent (120), in the
amount of$52,301.78; TDC District 5,3 Cent (121), in the amount of$119,642.47;
Gov. Fund Type Grants (125), in the amount of$199,565.05; Impact Fees Roadways
(130), in the amount of$180,958.52; Impact Fees Parks & Rec (131), in the amount of
$147,645.23; Uninc Svc Dist Parks & Rec (147), in the amount of$137,624.64; Plan,
Build, Zoning (148), in the amount of $931.84; Municipal Policing (149), in the amount
of$48,897.21; 911 Enhancement Fee (150), in the amount of$59,098.11; Duck Key
Security (152), in the amount of $940,571.12; Boating Improvement Fund (157), in the
amount of $4,968.00; Misc. Special Revenue Fund (158), in the amount of $26,862.52;
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Environmental Restoration (160), in the amount of$15,128.60; Law Enforcement
Trust (162), in the amount of $89,447.52; Court Facilities Fees-602 (163), in the
amount of$4,929.73; Drug Abuse Trust (164), in the amount of$3,127.31; Marathon
Municipal Service (166), in the amount of $650.42; Stock Island Wastewater (171), in
the amount of$1,042.05; Cudjoe-SugarloafMSTU (172), in the amount of
$112,642.29; Conch Key MSTU (174), in the amount of$l,OOO.OO; Long Key, Layton
MSTU (175), in the amount of$331.35; 2003 Revenue Bonds (207), in the amount of
$42.06; 1 Cent Infra Surtax (304), in the amount of $35,202.32; 2003 Revenue Bonds
(307), in the amount of$41,574.12; Big Coppitt Wastewater Pr (310), in the amount of
$822,367.58; Duck Key Wastewater (311), in the amount of$979,903.16; Key West
IntI. Airport (404), in the amount of$8,281.53; KW AlP Series 2006 Bonds (405), in
the amount of$140,324.38; MSD Solid Waste (414), in the amount of$305,418.34;
Worker's Compensation (501), in the amount of$858,173.84; Group Insurance Fund
(502), in the amount of$1,687,313.60; Risk Management Fund (503), in the amount of
$9,458.89; Fleet Management Fund (504), in the amount of $39,486.39; Law
Enforcement Trust Fund (600), in the amount of$73,733.61; Court Facilities Fees
(602), in the amount of$104,351.32; Fire&EMS LOSAP Trust Fund (610), in the
amount of $420.00.
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 the following Tourist Development Council
Expenditures for the month of April, 2009: Advertising, in the amount of $964,064.63;
Bricks & Mortar Projects/Interlocals, in the amount of$146,668.68; Visitor Information
Services, in the amount of$128,535.00; Events, in the amount of$80,679.53; Office
Supplies & Operating Costs, in the amount of $39,429.62; Personal Services, in the
amount of$191,121.32; Public Relations, in the amount of$172,572.01; Sales &
Marketing, in the amount of$97,352.38; Telephone & Utilities, in the amount of
$21,910.81; Travel, in the amount of$11,089.55.
COUNTY ADMINISTRATOR
Board granted approval of termination of lobbyist cost-sharing agreement with
Islamorada as of June 30, 2009, and direction to Administrator to provide Islamorada
with the written 30 day notice of termination.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Local Option Gas Tax
Sharing Interlocal Agreement between Monroe County and the City of Key West, City of
Key Colony Beach, City of Layton, City of Marathon and Islamorada, Village of Islands.
Board granted approval of the acceptance of$12,000 offer to purchase Lot 60,
Conch Key, finding in accordance with Planning Director opinion that there is no
beneficial use of property to anyone other than adjacent property owners, direction to
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staff to provide the statutory notice to the adj acent property owners, and approval for the
Mayor and Clerk to execute a Quit Claim Deed (dated after expiration of statutory notice
period) for same upon all recording costs being borne by the purchaser.
Board granted approval of a request for Chief Assistant County Attorney Bob
Shillinger to provide legal representation to his daughter and son-in-law.
Board granted approval and authorized execution of an Agreement between
Monroe County and the State of Florida, Office of the State Attorney for the Sixteenth
Judicial Circuit of Florida to reimburse the State for the cost of prosecution in certain
criminal violations of the County Code.
Board granted approval to advertise and hold a Public Hearing to consider
adoption of a County Ordinance regarding preference to local businesses in bidding
procedures.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Peter Horton, Airports Director discussed the matter. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval and authorizing execution of a Joint Participation Agreement between
Monroe County and the Florida Department of Transportation to fund the purchase of
aircraft rescue fire fighting equipment for the Florida Keys Marathon Airport. Motion
carried unanimously.
The Board discussed the following four items (C9 through C12):
Amendment and 1 st Renewal of Franchise Agreement between Monroe County
and Waste Management, Inc. of Florida.
Amendment and 1 st Renewal of Franchise Agreement between Monroe County
and Marathon Garbage Service, Inc. f/k/a Mid-Keys Waste, Inc.
Amendment and 1 st Renewal of Franchise Agreement between Monroe County
and Ted Carter Enterprises, Inc. d/b/a Keys Sanitary Service.
Amendment and 1 st Renewal of Franchise Agreement between Monroe County
and Ocean Reef Club, Inc.
The following individuals addressed the Board: Bruce Williams, Karen Beal,
representing GLEE Recycling Committee; Tom Milone, representing Last Stand; Shirley
Freeman, Attorney Robert Cintron, representing World Waste and affiliated companies;
John Albert, representing Waste Management; and Elizabeth Beattie. Roman Gastesi,
County Administrator; Tina Boan, Senior Budget Director; and Suzanne Hutton, County
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Attorney discussed the matter. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Wigington to renew the above contracts for five
years and in those five years develop a master plan with all interested parties. Rosa
Washington, Recycling Coordinator made a power point presentation. After further
discussion, the motion was amended to approve the above contract extensions (C9
through C12), as written. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
No
No
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Murphy that within the five year
extension of the contracts a master plan shall commence. After consideration, the motion
was withdrawn. Motion was then made by Commissioner Murphy and seconded by
Commissioner DiGennaro directing Staff to begin work on a Master Plan and bring back
information to the Commission. Mr. Gastesi addressed the Board. After consideration,
the motion was withdrawn.
COUNTY ADMINISTRATOR
Holly M. Merrill, Legislative Assistant to State Representative Ron Saunders
made a presentation concerning Florida Keys Day.
EMPLOYEE SERVICES
The Board discussed continuing with the current Contract Agreements for the
County's Third Party Administrator - Wells Fargo and Utilization Review/Case
Management and Local Network Provider - Keys Physician Hospital Alliance. The
following individuals addressed the Board: Lawton Swan, representing Interisk
Corporation; Maribeth Grokhowsky, representing Blue Cross Blue Shield of Florida;
Craig Russey, representing Sapoznik/UMR; and Dan Wolansky, representing
Sapoznik/UMR. Danny Kolhage, Clerk of Court; Teresa Aguiar, Employee Services
Division Director; and Maria Fernandez-Gonzalez, Sr. Administrator, Benefits discussed
the matter. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner DiGennaro granting approval and authorizing execution of the items.
Roll call vote was unanimous.
The Board discussed the Contract Agreement with Dimension Health, Inc. to
provide Network Provider Services in the areas of Dade, Broward and Palm Beach
Counties. The following individual addressed the Board: Sue Heim. Teresa Aguiar,
Employee Services Division Director 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.
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DIVISION OF GROWTH MANAGEMENT
Drew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers granting approval and authorizing execution of an Occupancy
Agreement and 99 Year Lease between Monroe County and Habitat for Humanity of the
Upper Keys, Inc. for a parcel of land in Key Largo (RE# 00554720-000000, 00554720-
000100) on which fourteen (14) affordable housing units will be built. Motion carried
unanimously.
Drew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy granting approval and authorizing execution of an Occupancy
Agreement and 99 Year Lease between Monroe County and Habitat for Humanity of Key
West and the Lower Keys, Inc. for property on Big Coppitt at approximately Mile Marker
10 (RE# 00156320) to build twelve (12) affordable housing units. Roll call vote was
unanImous.
MISCELLANEOUS BULK APPROVALS
The Board discussed accepting a proposal from Goodman-Gable-Gould Adjusters
International to provide Insurance Adjusting Claim Services. The following individual
addressed the Board: Paul Berger, representing Claim Solvers; and Lawton Swan,
representing Interisk Corporation. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Caruthers to table the item. Roll call vote
was unanImous.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Wigington and seconded by Commissioner
DiGennaro to reopen the agenda. Motion carried unanimously. Drew Trivette, Growth
Management Director discussed the matter. Motion was made by Commissioner
Wigington and seconded by Commissioner Carruthers to repeal the prior approval of the
item. Motion carried unanimously. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval
and authorizing execution of an Occupancy Agreement and 99 Year Lease between
Monroe County and Habitat for Humanity of Key West and the Lower Keys, Inc. for
property on Big Coppitt at approximately Mile Marker 10 (RE# 00156320) to build
twelve (12) affordable housing units. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
Yes
No
No
Yes
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Motion carried.
MISCELLANEOUS BULK APPROVALS
Jerry Barnett, Project Management Director discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy granting approval and authorizing execution of a Contract
between Monroe County and Ecoscapes LLC for landscaping and irrigation at the Big
Pine Key Fire Station. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy granting approval and authorizing execution of
the item. 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,
and Commissioner Mario DiGennaro. Absent were Councilman Clark Snow and Mayor
Norman Anderson.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval and authorizing execution of a Renewal Agreement
effective May 16,2009 through May 15, 2010, between Board of Governors, Fire and
Ambulance District 1 of Monroe County, Florida and Emergency Training Solutions, Inc.
(ETSI) to provide on-line Emergency Medical Technical and Paramedic continuing
education courses via the Internet. Motion carried unanimously, with Councilman Snow
and Mayor Anderson absent.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc.,
sole source provider ofMSA Self Contained Breathing Apparatus (SCBA) products for
Monroe County, in the amount of $29,045.00 for the purchase of37 MSA cylinders for
SCBA. Motion carried unanimously, with Councilman Snow and Mayor Anderson
absent.
The following individual addressed the Board: Sue Heim. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval and authorizing execution of an Extension and Amendment No. 1
between Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida
and Advanced Data Processing, Inc. to provide rescue ambulance billing and related
professional services extending the term from June 1, 1009 through May 31,2010,
amending Section B2 to amend the time frame that accounts are sent to collection,
amending Section B3 to clarify modified payments and settlement requests, amending
Section C 1 to clarify re- filing of claims, and amending Section G to add two additional
monthly reports. James Callahan, Fire Chief addressed the Board. Motion carried
unanimously, with Councilman Snow and Mayor Anderson absent.
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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.
CLOSED SESSION
The following Closed Executive Sessions were held:
Suzanne Hutton, County Attorney announced the closed executive session of the
Board of County Commissioners in the matter of Roy's Trailer Park, Inc. v. Monroe
County, Case No. CA K 07-1505. Legal staff desires direction from the Board on the
case. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures. Present at
the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant
County Attorney Susan Grimsley, Assistant County Attorney CYnthia Hall, Assistant
County Attorney Lisa Granger and a certified court reporter.
Suzanne Hutton, County Attorney announced the closed executive session of the
Board of County Commissioners in the matter of Fonticiella Construction Corp. v.
Monroe County, Case No. CA K 09-424. Legal staff desires direction from the Board on
the case. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to
settlement negotiations or strategy sessions related to litigation expenditures. Present at
the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant
County Attorney Susan Grimsley, Assistant County Attorney CYnthia Hall, Assistant
County Attorney Lisa Granger and a certified court reporter.
EMERGENCY SERVICES
The Board discussed a Resolution or other direction pertaining to Trauma Star
fees and services Emergency Services. Fire Chief James Callahan discussed the matter.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to adopt the following resolution - Version "B" adopting a fee
waiver policy and process for trauma star billing for trauma star and critical care
interfacility flights. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Yes
Yes
No
Yes
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Mayor Neugent
Yes
Motion carried.
RESOLUTION NO. 152-2009
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
The Board discussed direction to the Florida Keys Aqueduct Authority to move
forward with proposed plan to implement the installation of Wastewater infrastructure on
final Keys projects. Roman Gastesi, County Administrator discussed the matter. The
following individuals addressed the Board: Stewart J. McKenzie, representing Florida
Keys Partnership, LLC; Lee Grant, PE - District Vice President of ABC OM Water; Jim
Reynolds, Executive Director of the Florida Keys Aqueduct Authority; and Mike Collins.
No official action was taken. The item was referred to the County Administrator.
Liz Wood, Sr. Administrator - Wastewater Projects updated the Board concerning
the written document - Engineering Division - Wastewater Projects - April, 2009 Status
Report - May 20, 2009.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution amending the
Planning and Environmental Resources Department Fee Schedule to more accurately
represent current expenses and to adequately offset the true costs of providing services to
the parties receiving the benefits of such services and by lowering the cost for an
Administrative Appeal. Drew Trivette, Growth Management Director discussed the
matter. The Board accepted public input with the following individual addressing the
Board: Tom Moses, representing Sunset Waterways. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 153-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a County Ordinance to
strengthen "Whistleblower" protection policies for County employees. There was no
public input. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 012-2009
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider adoption of a County Ordinance amending
Section 22-1 OO(b) of the Monroe County Code to provide a $225 fee for business not
otherwise taxed under the provision related to business tax. 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. 013-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance creating Section
2-429 of the Monroe County Code, a code of ethics for members of advisory or quasi-
judicial boards. There was no public input. Suzanne Hutton, County Attorney discussed
the matter and requested the following change:
Section 1.
(a) No members of any board performing quasi-iudicial functions and/or members of
an advisory board shall vote on any matter presented to an advisory board or quasi-
iudicial board on which the person sits if the board member will be directly or indirectly
affected by the action of the board on which the member serves. or afl:d the board member
has any of the following relationships with any of the persons or entities appearing before
the board: (n officer. director. partner. of counsel. consultant. employee. fiduciary or
beneficiary~ or (ii) stockholder. bondholder. debtor or creditor. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt
the following Ordinance, as revised. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
Yes
Yes
Yes
No
Motion carried.
ORDINANCE NO. 014-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a Development Agreement between
Monroe County and Calusa Campground Association, Inc. for redevelopment options for
the property and correction of Monroe County Code violations. Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to continue the item
to the Board's meeting on June 17,2009 at 3:00 P.M. at the Marathon Government
Center. Suzanne Hutton, County Attorney; Bob Shillinger, Chief Assistant County
Attorney; and Drew Trivette, Growth Management Director discussed the matter. The
Clerk swore in the individuals who indicated would address the Board. The Board then
accepted public input with the following individuals addressing the Board: Attorney
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Santiago Echemendia, of the firm Tew Cardenas, and representing Calusa Cove Property
Owners; Albert Vigil, representing Meleric Investment/ MNM of the Keys; Manuel
Noval, representing MNM of the Keys/Meleric Investment; Ken Pinos, representing Dirk
Smits; Ron Miller, representing, IKLFHA, (Attorney Echemendia conducted cross-
examination of Ron Miller), Diane Beruldsen, Dottie Moses, Miriam Perez, and Jose L.
Diaz. The County Attorney requested each Commissioner disclose for the record any
ex-parte communications that may have occurred. Each commissioner disclosed their ex-
parte communication(s). After further discussion, the clerk called the roll on the original
motion with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
No
Yes
Yes
No
Motion carried.
Commissioner DiGennaro excused himself from the meeting,
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by James Scott & Jean Marie McClure on Lot 8,
Block 2, Sunset Waterways, Key Largo, Real Estate Number 00529850-000000 in the
form of one (1) dwelling unit allocation. There was no public input. Motion was made
by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the
following Resolution. Motion carried unanimously, with Commissioner DiGennaro not
present.
RESOLUTION NO. 154-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance clarifYing the
statutory authority for the current six-cent motor and special fuel tax in section F.S.
336.025(1)(a); Providing for the distribution of the six-cent motor and special fuel tax to
all municipalities and the county; Imposing a five-cent local option motor fuel tax, as
authorized by F.S. 336.025(1)(b), upon such fuel sales in all of Monroe County, including
the municipalities therein, for a period of thirty years unless earlier repealed by the Board
of County Commissioners; Providing for a method of collection of the tax and remission
of the proceeds; Providing that the tax and remission of the proceeds; Providing that the
proceeds may only be spent for transportation expenditures as defined herein; Providing
for the pledge of the tax revenue for bonds whose proceeds are used for transportation
capital projects; Providing for severability; Providing for the repeal of all ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. The Board accepted public input with the
following individual addressing the Board: Steve Mannini, Diane Beruldsen, and David
Garvin. Commissioner DiGennaro returned to the meeting and took his seat. Suzanne
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Santiago Echemendia, of the firm Tew Cardenas, and representing Calusa Cove Property
Owners; Albert Vigil, representing Meleric Investment/ MNM of the Keys; Manuel
Noval, representing MNM of the Keys/Meleric Investment; Ken Pinos, representing Dirk
Smits; Ron Miller, representing, IKLFHA, (Attorney Echemendia conducted cross-
examination of Ron Miller), Diane Beruldsen, Dottie Moses, Miriam Perez, and Jose L.
Diaz. The County Attorney requested each Commissioner disclose for the record any
ex -parte communications that may have occurred. Each commissioner disclosed their ex-
parte communication. After further discussion, the clerk called the roll on the original
motion with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
No
Yes
Yes
No
Motion carried.
Commissioner DiGennaro excused himself from the meeting,
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by James Scott & Jean Marie McClure on Lot 8,
Block 2, Sunset Waterways, Key Largo, Real Estate Number 00529850-000000 in the
form of one (1) dwelling unit allocation. There was no public input. Motion was made
by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the
following Resolution. Motion carried unanimously, with Commissioner DiGennaro not
present.
RESOLUTION NO. 154-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance clarifying the
statutory authority for the current six-cent motor and special fuel tax in section F.S.
336.025(1)(a); Providing for the distribution of the six-cent motor and special fuel tax to
all municipalities and the county; Imposing a five-cent local option motor fuel tax, as
authorized by F.S. 336.025(1)(b), upon such fuel sales in all of Monroe County, including
the municipalities therein, for a period of thirty years unless earlier repealed by the Board
of County Commissioners; Providing for a method of collection of the tax and remission
of the proceeds; Providing that the tax and remission of the proceeds; Providing that the
proceeds may only be spent for transportation expenditures as defined herein; Providing
for the pledge of the tax revenue for bonds whose proceeds are used for transportation
capital projects; Providing for severability; Providing for the repeal of all ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. The Board accepted public input with the
following individual addressing the Board: Steve Mannini, Diane Beruldsen, and David
Garvin. Commissioner DiGennaro returned to the meeting and took his seat. Suzanne
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Hutton, County Attorney and Dent Pierce, Public Works Director, discussed the matter.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the Ordinance. Roll call vote was taken with the
following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
No
No
Yes
Yes
Yes
Motion failed due to a four-fifths vote requirement. Motion was made by Commissioner
Murphy and seconded by Commissioner Wigington granting approval of Sections 1 and 2
of the ordinance. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance to impose a
ninth-cent local option motor and special fuel ("gas") tax. The Board accepted public
input with the following individual addressing the Board: Diane Beruldsen. Suzanne
Hutton, County Attorney and Dent Pierce, Public Works Director discussed the matter.
Motion was made by Commissioner Murphy and seconded by Commissioner Wigington
to adopt the following Ordinance. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
No
Yes
Yes
Yes
Motion carried.
ORDINANCE NO. 015-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution for a Budget
Amendment of Fiscal Year 2009, 2003 Revenue Bond Debt Service Fund 207. There
was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 155-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Donna Ancheta & Rita Griffith R/S on Lot 16,
Block 2, Sunset Point, Key Largo, Real Estate Number 00490750-000000 in the form of
one (1) dwelling unit allocation. There was no public input. Motion was made by
111
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 156-2009
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington to reopen the agenda. Roll call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
No
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy to impose a three-cent local option motor fuel ("gas") tax. Roll
call vote was taken with the following results:
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Murphy
Commissioner Wigington
Mayor Neugent
Yes
No
Yes
Yes
Yes
Motion carried.
ORDINANCE NO. 016-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Charles R. Caldwell, Sr. on Lot 6, Block 9,
Ocean Park Village, Key Largo, Real Estate Number 00446820-000000 in the form of
one (1) dwelling unit allocation. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 157-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Harold & Sherry Fried on Lot 1, Block 7,
Harris Ocean Park Estates, Key Largo, Real Estate Number 00449410-000000 in the
form of one (1) dwelling unit allocation. There was no public input. Motion was made
by Commissioner Murphy and seconded by Commissioner Wigington to adopt the
following Resolution. Motion carried unanimously.
112
RESOLUTION NO. 158-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance by the Monroe
County Board of County Commissioners approving a request by Fausto and Maria Del
Carmen Diaz to amend the land use district designation from Improved Subdivision -
Duplex (IS-D) to Improved Subdivision - Vacation Rental (IS-V) of property legally
described as Block 8, Lot 2, Duck Key Indies Island Section 1, Part 1, PB5-82 Toms
Harbor, Monroe County, Florida having Real Estate Number 00377800-000000. The
County Attorney requested each Commissioner disclose for the record any ex-parte
communications that may have occurred. Each commissioner disclosed their ex -parte
communication(s). The Clerk swore in the individual who indicated would address the
Board. The Board accepted public input with the following individual addressing the
Board: Donna Bosold, representing Fausto Maria Del Carmen Diaz. Motion was made
by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-2009
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item concerning approval to
advertise and hold a Public Hearing for an Ordinance amending Section 4-70 Monroe
County Code providing for the limiting of chaining or tethering of dogs; providing for
penalties; providing for process to contest citation; providing for severability; providing
for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective date. Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner Carruthers granting approval
to advertise the item for public hearings to be held in Key West and Marathon. Motion
carried unanimously.
The Board discussed Commissioner Carruthers' item concerning approval to
advertise and hold a public hearing for an ordinance amending Monroe County Code
Section 12-31, Chapter 12, Article II; providing for composition of the beach and shore
preservation authority districts advisory boards; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval
to advertise the item with direction to the County Attorney that the districts in the
proposed ordinance be commensurate with BOCC districts. Motion carried unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator discussed the Interlocal Agreements with
113
the municipalities concerning gas tax distribution. Suzanne Hutton, County Attorney
discussed the item.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney requested an item be added to the agenda -
Settlement Agreement in the matter of Fonticiella Construction Corporation v. Monroe
County, Case No: 2009-CA-424-K. Motion was made by Mayor Neugent and seconded
by Commissioner DiGennaro to reopen the agenda. Motion carried unanimously. Bob
Shillinger, Chief Assistant County Attorney discussed the matter. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval and authorizing execution of the Settlement Agreement in the amount
of $600,000. Motion carried unanimously.
MISCELLANEOUS
The Board discussed space utilization at the Gato Building in Key West. Roman
Gastesi, County Administrator and Debbie Frederick, Assistant County Administrator
discussed the matter. No official action was taken.
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
1hol&C.~
Isabel C. DeSantis, Deputy Clerk