07/15/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 15, 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 Ann
Riger, Contract Administrator, Project Management.
Presentation of the Florida Keys Council for People with Disabilities Award to Harold
Wheeler, Tourist Development Council and Clinton Barras, floridakeys.com.
Presentation of Mayor's Proclamation in proclaiming July 26, 2009 as Americans with
Disabilities Act Awareness Day.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent
granting approval of the following items by unanimous consent:
Board granted approval to renew the Airport Liability Insurance with Ace Property
Casualty Insurance through Arthur J. Gallagher.
Board adopted the following Resolution amending Resolution No. 109-2008 which
provided a Ground Transportation System for the Key West International Airport; amending
Section 2, 4, and 6 to provide a comprehensive definition of "gross revenue"; to provide audit
requirements for gross revenue payments; to correct the placement of the permit stickers; to
provide an alternate payment method for contract vehicles for hire; providing for a revised map
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in Exhibit "A"; providing for severability; providing for the repeal of all Resolutions inconsistent
herewith; and providing an effective date.
RESOLUTION NO. 185-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of United States Government Lease for
Real Property, Lease Number GS-04B-59817 between Monroe County and the United States of
America for the Transportation Security Administration at the Key West International Airport.
Board granted approval and authorized execution of a Contract between Monroe County
and Engineered Arresting Systems Corporation (ESCO) as a sole source provider for purchase of
an Engineered Materials Arresting System (EMAS) block system for the Runway Safety Area
project at the Key West International Airport.
Board granted approval and authorized execution of Amendment 004 to the Community
Care for the Elderly (CCE) Contract KC871 between Alliance for Aging, Inc. (Area Agency on
Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County
Commissioners (Social Services/In-Home Services) for Fiscal Year 7/1/08 to 6/30/09.
Board granted approval and authorized execution of Amendment 001 to the Community
Care for the Elderly (CCE) Contract KC971 between the Alliance for Aging, Inc. (Area Agency
on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for Fiscal Year 7/1/09 to 6/30/10.
Board granted approval and authorized execution of Amendment 001 to the Home Care
for the Elderly (HCE) Contract KH972 between the Alliance of Aging, Inc. (Area Agency on
Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for Fiscal Year 7/1/09 to 6/30/10.
Board granted approval and authorized execution of Amendment 001 to the Alzheimer's
Disease Initiative (ADI) Contract KZ997 between the Alliance of Aging, Inc. (Area Agency on
Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for Fiscal Year 7/1/09 to 6/30/10.
Board granted approval and authorized execution of Contract ARRA-929 (Revised) -
American Recovery and Reinvestment Act of 2009 Elderly Nutrition Services Contract between
the Alliance for Aging, Inc. and Monroe County Social Services, which provides $62,004 for
additional congregate and home delivered meals to clients of the Nutrition Program.
Board granted approval of the Receipt of Monthly Report on Change Orders reviewed by
the County Administrator's Office (said document is incorporated herein by reference).
Board granted approval of an RFQ for a continuing Contract for
Architectural/Engineering Services as authorized by F.S. 287.055(2)(g). The statute allows the
County to secure standing architects/engineers who will be available to complete the design
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portion of a project without going out for bid. It applies only to projects in which the
construction costs do not exceed $2 million dollars.
Board adopted the following Resolution prohibiting the parking of vehicles along the
south side of Reef Drive, commencing 167 feet west of the intersection with CR905 and
continuing a total distance of 105 feet to aid in the accessibility of the entrance at the North Key
Largo Fire Station by emergency fire vehicles and providing for the installation of "No Parking"
signs pursuant to Monroe County Code Sec. 25-27.
RESOLUTION NO. 186-2009
Said Resolution is incorporated herein by reference.
Board granted approval to close the northern portion of Center Road, Summerland Key,
Florida, due to illegal dumping and other illegal activities that have been occurring at this
location for quite some time resulting in damage to the conservation lands.
Board granted approval to exercise the second option to renew the Contract between
Monroe County and ARAMARK. Uniform Services, a division of ARAMARK. Uniform &
Career Apparel, LLC for the Division of Public Works uniform services.
Board granted approval to amend and authorized execution of the Agreement and
exercise the first renewal option of the Contract between Monroe County and U.S. Water
Services Corporation for operation and maintenance of the wastewater treatment plant at the
Marathon Government Center.
Board granted approval to award bid and authorized execution of an Agreement between
Monroe County and Carlos Dega d/b/a Dega Art Studios, LLC for concrete scoring and coloring
at the African Cemetery Memorial Proj ect in Key West.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Glodix Construction Corporation for Rolling Door Replacement at - Monroe
County Detention Center (MCDC), 5501 College Road, Key West, Florida and Marathon Fleet-
(Marathon Garage), 1 0600 Aviation Boulevard, Marathon, Florida.
Board adopted the following various Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 187-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2)
RESOLUTION NO. 188-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
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RESOLUTION NO. 189-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 190-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 191-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 192-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 193-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 194-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 175-2009 (OMB Schedule Item No.9).
RESOLUTION NO. 195-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.1 0).
RESOLUTION NO. 196-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 197-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 198-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 199-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 200-2009
Said Resolution is incorporated herein by reference.
2 oJ REV!S~ON
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Transfer of Funds & Receipt of Unanticipated Funds (OMB Schedule Item Nos. 15).
RESOLUTION NOS. 200a-2009 & 200b-2009 *
Said Resolutions are incorporated herein by reference.
Board adopted the following Resolution authorizing the submission of a Grant
Application to the Florida Department of Law Enforcement for the Fiscal Year 2010 Edward
Byrne Memorial Justice Assistance 2010 Recovery Act Grant (JAG) Program based upon the
recommendations to the C22 Substance Abuse Policy Advisory Board and authorization for the
County Administrator to execute application.
RESOLUTION NO. 201-2009
Said Resolution is incorporated herein by reference.
Board authorized the Mayor to execute the Edward Byrne Memorial Justice Assistance
Recovery Act of 2009 Certificate of Participation with the Department of Law Enforcement for
Fiscal Year 2010 (October 1,2009 through September 30,2010), whereby Monroe County
agrees to act as the coordinating unit of government for this grant.
Board authorized the Mayor to execute the Edward Byrne Memorial Justice Assistance
Recovery Act of 2009 funding distribution letter with the Florida Department of Law
Enforcement for Fiscal Year 2010 (October 1,2009 through September 30,2010), whereby
Monroe County agrees to the distribution of JAG program funds in the County.
Board authorized the Mayor to execute the Edward Byrne Memorial Justice Assistance
Grant Certificate of Participation with the Florida Department of Law Enforcement for Fiscal
Year 2010 (October 1,2009 through September 30,2010), whereby Monroe County agrees to
act as the coordinating unit of government for this grant.
Board granted approval of a Federal Aviation Administration grant for Terminal
Construction Bond Repayment (Principal Only), in the amount of$I,477,770 for the Key West
International Airport Terminal Project.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement between Monroe
County and Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts, to
supplement costs of tourist related programs in an amount not to exceed $72,500 between
October 1,2009 and September 30,2010.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Supplemental Joint Participation
Agreement (JPS) No.2 between Monroe County and the Florida Department of Transportation
(FDOT) for Contract Number AN082 to fund Transportation Planner position (including
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Bicycle/Pedestrian Program Coordination), and extending the term of the JPS from September 1,
2009 to December 21,2010.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund:
$40,000.00 Summer Recreation Program - to help provide a safe and nurturing
environment in our schools for the children to spend their summers. Juvenile crimes increase
during the summer and this program can be categorized as a crime prevention program.
$7,000.00 16th Judicial Circuit of Florida - to help partially fund a full-time 16th
Judicial Circuit Urinalysis Program Laboratory Manager position. This position would add
additional technical support in delivery of direct services, supervision of other UA techs,
managerial services to the lab and allow for the expansion of drug testing services at a greatly
reduced rate.
$1,800.00 "National Night Out" - annual community event to heighten crime and
drug prevention awareness, generate support for anti-crime programs, and strengthen
neighborhood-police partnerships.
Board granted approval to apply for the Edward Byrne Justice Assistance (JAG) Local
Solicitation Grant, and requesting approval for the Sheriff to be designated as the "signing
official" for the funding request, and for the Monroe County Sheriffs Office to be designated as
the Organizational Unit; and authorization for the Sheriff to accept the grant and execute any
other required grant documents, if awarded.
MONROE COUNTY TAX COLLECTOR
Board granted approval of the recap of the 2008 tax roll and the list of errors and
insolvencies for the 2008 tax roll, and approval to extend the 2008 (corrected to 2009 later in the
meeting) tax roll prior to conclusion of the Value Adjustment Board Hearings.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Neugent's appointment of George L. Fernandez to the
Tourist Development Council, replacing Freddie Varela, with a term expiring July 15, 2013.
Board adopted the following Resolution in support of the renaming the Federal Building
located at 301 Simonton Street, Key West, Florida as the "Sidney M. Aronovitz United States
Courthouse" per H.R. 2913 Congressional Bill as introduced by Representative Ileana Ros-
Lehtinen.
RESOLUTION NO. 202-2009
Said Resolution is incorporated herein by reference.
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Board granted approval of Commissioner DiGennaro's appointment of Merlynn Boback
to the Duck Key Security District Advisory Board, fulfilling remaining term of Mary Balazs,
with a term expiring June 1,2010.
Board granted approval of Commissioner Murphy's appointment of Mimi Stafford to the
Marine & Port Advisory Committee to fulfill the term of Bill Moore who recently resigned, with
a term expiring May 16, 2010.
Board adopted the following Resolution renaming Ocean Bay Drive, Key Largo (MM99
Ocean), as Nick Pham Drive in honor of the fallen deputy in the line of duty.
RESOLUTION NO. 203-2009
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the BOCC minutes from the Special Meeting of June
2, 2009 (previously distributed).
Board granted approval of the following Warrants (104528-104626 & 541063-541931):
Fine & Forfeiture Fund (101), in the amount of$I,359,397.70; Road and Bridge Fund (102),
in the amount of$10,372.59; TDC District Two Penny (115), in the amount of$3,157,865.61;
TDC Admin. & Promo 2 Cent (116), in the amount of$195,551.22; TDC District 1,3 Cent
(117), in the amount of $290,692.02; TDC District 2,3 Cent (118), in the amount of
$649,973.90; TDC District 3,3 Cent (119), in the amount of$283,131.93; TDC District 4,3
Cent (120), in the amount of$13,245.51; TDC District 5,3 Cent (121), in the amount of
$54,111.45; Gov. Fund Type Grants (125), in the amount of$28,054.81; Impact Fees
Roadways (130), in the amount of$38,732.85; Impact Fees Parks & Rec (131), in the amount
of$172,649.19; Uninc Svc Dist Parks & Rec (147), in the amount of$91,431.51; Plan, Build,
Zoning (148), in the amount of$478.97; Municipal Policing (149), in the amount of
$40,376.49; 911 Enhancement Fee (150), in the amount of$27,888.77; Duck Key Security
(152), in the amount of$463,027.26; Local Housing Assistance (153), in the amount of
$1,974.88; Boating Improvement Fund (157), in the amount of$3,968.00; Misc. Special
Revenue Fund (158), in the amount of$180,727.90; Environmental Restoration (160), in the
amount of$58,285.96; Law Enforcement Trust (162), in the amount of $47,293.52; Court
Facilities Fees-602 (163), in the amount of$4,655.32; Drug Abuse Trust (164), in the amount
of$10,185.63; Stock Island Wastewater (171), in the amount of $409.29; Long Key, Layton
MSTU (175), in the amount of$409.29; 2003 Revenue Bonds (207), in the amount of $409.30;
1 Cent Infra Surtax (304), in the amount of$13,536.07; 2003 Revenue Bonds (307), in the
amount of$95,972.52; Big Coppitt Wastewater Pr (310), in the amount of$791,745.67; Duck
Key Wastewater (311), in the amount of$I,133,277.62; Card Sound Bridge (401), in the
amount of$679,914.79; Key West Inti. Airport (404), in the amount of$7,626.59; KW AlP
Series 2006 Bonds (405), in the amount of$292,582.98; MSD Solid Waste (414), in the amount
of$682,354.64; Worker's Compensation (501), in the amount of$111,598.19; Group
Insurance Fund (502), in the amount of$I,107,651.89; Risk Management Fund (503), in the
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amount of$32,897.59; Fleet Management Fund (504), in the amount of$252,215.64; Law
Enforcement Trust Fund (600), in the amount of$607,268.73; Court Facilities Fees (602), in
the amount of$122,699.54; Fire&EMS LOSAP Trust Fund (610), in the amount of$1,200.
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 June, 2009: Advertising, in the amount of $726,598.28; Bricks & Mortar
Projects/Interlocals, in the amount of $44,423.18; Visitor Information Services, in the amount of
$23,352.00; Events, in the amount of$153,425.85; Office Supplies & Operating Costs, in the
amount of$36,096.48; Personal Services, in the amount of$166,427.90; Public Relations, in the
amount of$111,810.23; Sales & Marketing, in the amount of $63,095.43; Telephone & Utilities,
in the amount of$16,301.46; Travel, in the amount of$14,151.14.
COUNTY ADMINISTRATOR
Board granted approval for the running of the 29th Annual 7- Mile Bridge Run for
Saturday, April 17, 2010 from 6:45 a.m. to 9:00 a.m.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Robert Reyes of Floridian Partners, LLC for continuing Strategic
Governmental Consulting Services for a one-year term effective July 18, 2009 through July 18,
2010.
COUNTY ATTORNEY
Board granted approval and authorized execution of four (4) Supplemental Gas Tax
Sharing lnterlocal Agreements: one (1) each between Monroe County and: 1) the City of Key
Colony Beach; 2) the City of Layton; 3) the City of Marathon; and 4) lslamorada, Village of
Islands.
Board granted approval for reappointment to the Board of Adjustment and Appeals of
Daryle L. Osborn, P.E. and Carl H. Schror who will serve for one (1) additional three (3) year
term beginning June 2009. The Contractor's Examining Board recommends both of the appoints
to the BOCC.
Board adopted the following Resolution to extend the default date for the SHIP mortgage
issued to Woods Comer to August 31, 2009.
RESOLUTION NO. 204-2009
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution correcting a typographical error in the Monroe
County Code which included comment on Section 130-130 of the Tier Ordinances which was
not in text of Ordinance; providing for transmission to the Department of Community Affairs.
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RESOLUTION NO. 205-2009
Said Resolution is incorporated herein by reference.
Board granted approval of motion that the County not enter into a Joint Land Use Study
(JLUS) with the US Navy.
Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Monroe County Code, Section 10-25 to increase the surcharge in traffic
cases from $15 to $30.
Board granted approval to advertise a Public Hearing for an Ordinance deleting Sections
23-82,23-83, 23-85(e), 23-88, 23-93 of the Monroe County Code and amending Sections 23-102
and 23-111(a)(3) of the Monroe County Code.
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 Commissioner Heather Carruthers, Commissioner Sylvia Murphy,
Commissioner Kim Wigington, City of Layton Councilman William Dilley, and City of Layton
Mayor Norman Anderson.
James Callahan, Monroe County Fire Chief discussed the matter. Motion was made by
Mayor Anderson and seconded by Commissioner Murphy granting approval of the issuance of a
Purchase Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion
Apparel's Janesville Brand of Turnouts in the State of Florida, in the amount of $55,470.00 for
the purchase of 30 sets of personal protective ensembles. Motion carried unanimously.
Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
granting approval of the issuance of a Purchase Order and the authority to accept and sign the
proposal from Elite Fire & Safety Equipment, Inc. in the amount of $118,995 for the purchase of
one new Type III Ford walk-thru modular ambulance by piggy-backing the Key Largo Fire
Rescue & EMS District bid contract #KLFREMS 08-01. Motion carried unanimously.
The Board discussed direction regarding a request received from the City of Layton for
the placement of career firefighters at the Layton Fire Department at mile marker 68. The
following individual addressed the Board: Diane Beruldson.
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.
DIVISION OF GROWTH MANAGEMENT
Commissioner DiGennaro read an opening statement into the record concerning the
continued exploration of the Downstairs Enclosure Pilot Inspection Program Modification
Proposal with both the State of Florida as a partner and with FEMA. The following individuals
addressed the Board: Sara Winnard, representing Citizens Not Serf; Matthew Oresman,
representing Citizens Not Serf; Reverand Tanya Ison, representing Citizens Not Serf; Michele
Hardin, representing Citizens Not Serf; Steven Baird, representing Boston Brick Company;
Abby Oglesbee, Diane Beruldsen, Richard Bennett, and Sloan Bashinsky. Andrew Trivette,
Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval of the continued exploration of the Downstairs Enclosure Pilot
Inspection Program Modification Proposal with both the State of Florida as a partner and with
FEMA. Motion carried unanimously.
EMPLOYEE SERVICES
Teresa Aguiar, Division Director introduced Neil Kahn and Pat Cuccaro, with Goodman-
Gable-Gould Adjusters International to the Board. Mr. Kahn addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval to accept the proposal from Goodman-Gable-Gould Adjusters
International to provide Insurance Adjusting Claim Services and authorized execution of same.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item concerning a recommendation of support to
provide additional land on Scout Key to be placed under a conservation easement to satisfy the
requirement of offsite mitigation for Camp Sawyer. Donald Craig, representing the Boy Scouts
of America addressed the Board. Suzanne Hutton, County Attorney; Drew Trivette, Growth
Management Director; and Mark Rosch, Executive Director of the Monroe County Land
Authority discussed the matter. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Wigington to not support the item. Roll call vote was taken with
the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington Yes
Mayor Neugent No
Motion carried.
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MISCELLANEOUS BULK APPROVALS
The Board discussed adjusting/adding parking fees for the public parking lot located at
the Key West International Airport, to become effective September 1, 2009. The proposed
changes are as follows: Increase daily maximum rate to $10.00 (current $8.00), weekly rate to
$50.00 (current $40.00). Institute a yearly rate of $1 ,200.00. There is currently no yearly rate.
Peter Horton, Director of Airports discussed the matter. Mr. Horton requested the Board approve
the new parking fees with an amendment that the parking fees for motor scooters and
motorcycles be half the rate. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers granting approval of the item, as amended. Motion
carried unanimously.
The Board discussed a Resolution to adopt the tentative residential solid waste collection,
disposal, and recycling rates for Fiscal Year 2009/1 O. The following individuals addressed the
Board: Christine Russell and Diane Beruldson. Rosa S. Washington, Sr. Administrator - Solid
Waste Management discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution with
direction that the Office of Management & Budget and the Public Works Division work together
to develop a business plan for the future and to ensure that the county is recovering all of their
costs. Motion carried unanimously.
RESOLUTION NO. 206-2009
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
to adopt the following Resolution to adopt the tentative solid waste collection, disposal, and
recycling rates for commercial waste generators for Fiscal Year 2009/10. Motion carried
unanimously.
RESOLUTION NO. 207-2009
Said Resolution is incorporated herein by reference.
MISCELLANEOUS
Commissioner Murphy recognized several individuals in the audience from Key Largo
concerning the matter of Key Largo Ocean Resorts. Commissioner Murphy advised that they
would not be able to speak at today's meeting and that the Commission could not add an item on
for them to speak.
CLOSED SESSION
A closed executive session was held in the matters of the Board of County
Commissioners Board of County Commissioners of Monroe County, Florida v. Tony Welters
and Virginia Welters, Case No. 03-CA-1505-K and Board of County Commissioners of Monroe
County, Florida v. Louis Welters, et al., Case No. 04-CA-639-K. Per F.S. 286.011(8), the subject
matter of the meeting shall be confined to settlement negotiations or strategy session related to
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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 Cynthia Hall, Assistant County Attorney Lisa Granger,
Assistant County Attorney Christine Lambert-Barrows and a certified court reporter.
WASTEWATER ISSUES
Judith S. Clarke, Director of Engineering Services referred the Board to the written
Engineering Division - Wastewater Projects, June 2009 Status Report dated July 15,2009. Ms.
Clarke also discussed the possibility of proceeding with the Initial Assessment Resolution for the
Cudjoe Regional Wastewater Treatment Facility that would need to be approved by September
15,2009. Liz Wood, Sr. Administrator - Sewer Projects; Suzanne Hutton, County Attorney; and
Roman Gastesi, County Administrator discussed the matter. Motion was made by Commissioner
Di Gennaro and seconded by Commissioner Murphy granting approval to advertise a Special
Meeting of the Board of County Commissioners to consider adoption of the Initial Assessment
Resolution for the Cudjoe Regional Wastewater Treatment Facility for Monday, August 3, 2009
at 2:00 P.M. at the Marathon Government Center and a Public Hearing on Monday, August 31,
2009 at 5:01 P.M. at the Marathon Government Center. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy to reopen the agenda so that
the above subj ect matter could be added. Motion carried unanimously. Motion carried
unanimously. In addition, Staffwas directed to bring back an amendment for consideration to
the Interlocal Agreement concerning the Cudjoe Regional Wastewater Treatment Facility to
include on-site systems at the Special Meeting of the Board scheduled on August 3, 2009 in
Marathon.
The Board discussed a First Amendment to the Interlocal Agreement (ILA) dated
September 20,2006 between Monroe County and Florida Keys Aqueduct Authority (FKAA) for
the County to provide funding for the Duck Key Regional Wastewater System. Judith S. Clarke,
Director of Engineering Services discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner DiGennaro granting approval and
authorizing execution of the item. Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
granting approval of a letter by the Monroe County Board of County Commissioners to be sent
to Michael W. Sole - Secretary of the Florida Department of Environmental Protection (FDEP)
requesting they reconsider its current criteria for the Small Community Wastewater Construction
Grants Program (SCWCGP), specifically the criteria for "disadvantaged communities" to enable
Monroe County to apply. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a request from the Green Initiative Task Force (GITF) to apply for
grants that will not require County matching funds. GITF has identified several grants related to
energy efficiency and conservation, at least one of which is funded by the Federal Government
via the American Recovery and Reinvestment Act (ARRA) and available through the
Department of Energy. John Hammerstrom, representing Green Initiative Task Force and Jed
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Regante, Chairman of the Green Initiative Task Force (GITF) addressed the Board. Roman
Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval for the GITF to proceed with the grant proposal presented to the
Board concerning a request for funding up to $1.2 million dollars for a County Department
Program for Energy Efficiency and Conservation, as well as sea level issues and climate change,
including salary and operating expenses for the Director, assistant(s), and projects to be
identified according to the RFP; (Energy Efficiency and Conservation Block Grant); any other
grants must be brought back before the Board for approval. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers
granting approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole
source stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of Florida,
in the amount of$55,470 for the purchase of30 sets of personal protective ensembles. Motion
carried unanimously.
Motion was made by Commissioner Wigington and seconded by Commissioner Murphy
granting approval to issue a Purchase Order and the authority to accept and sign the proposal
from Elite Fire & Safety Equipment, Inc. in the amount of $118,995 for the purchase of one new
Type III Ford walk-thru modular ambulance by piggy-backing the Key Largo Fire Rescue &
EMS District bid contract #KLFREMS 08-01. Motion carried unanimously.
STAFF REPORTS
Public Works Division - Suzanne Hutton, County Attorney advised the Board that she
will be renegotiating the current lease agreement with the Key West Garden Club located at
West Martello Towers.
Growth Management Division - Andrew Trivette, Director advised the Board of the
status of a grant application where the county received funding in the amount of $1.2 million
dollars concerning acquisition of right- of-ways (parcels that were adjacent to a FDOT right-of-
ways). The Board agreed to extend the time frame for 1 (one) year and renew the grant in order
to pay for the planning position.
DIVISION OF GROWTH MANAGEMENT
Drew Trivette, Growth Management Director discussed with the Board a request for
authorization to draft program requirements and operational guidelines for the Monroe County
Community Response Program. Roman Gastesi, County Administrator and Suzanne Hutton,
County Attorney also discussed the matter. The Board granted approval of the item.
REVi~iON
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STAFF REPORTS
Airports - Peter Horton, Airport Director updated the Board concerning the annual
inspections at the Key West International and Florida Keys Marathon Airports; Opening of
Phase II at the Key West International Airport; and Receipt of the South Florida Water
Management District Permit for the runway safety area.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance approving a request by
Peter G. and Elizabeth C. Giampaoli to amend the Tier Map Overlay designation from Tier I to
Tier III of property legally described as Lot 35, SugarloafKey, Monroe County, Florida, having
real estate number 0019360-000100; providing for severability and repeal of inconsistent
provisions; providing for transmittal to the Secretary of State and the Department of Community
Affairs; and providing for an effective date. There was no public input. Drew Trivette, Growth
Management Director discussed the matter and also recommended that the applicant be refunded
the application fee with the exception of advertising costs. After discussion, motion was made
by Commissioner Wigington and seconded by Commissioner Murphy to adopt the following
Ordinance, but that the refund of the application fee by denied. Motion carried unanimously.
ORDINANCE NO. 026-2009
Said Ordinance is incorporated herein by reference.
*
The second of two Public Hearings were held to consider adoption of an Ordinance
amending Section 4- 70, Monroe County Code providing for the limiting of chaining or tethering
of dogs. There was no public input. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers to adopt the following Ordinance. 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.
ORDINANCE NO. 027-2009
Said Ordinance is incorporated herein by reference.
*
Peter G. Giampaoli addressed the Board concerning the Public Hearing on his request-
to amend the Tier Map Overlay designation from Tier I to Tier III of property legally described
as Lot 35, SugarloafKey, Monroe County, Florida, having real estate number 0019360-
000100(Item Rl). Drew Trivette, Growth Management Director discussed the matter. The
Board took no further action.
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STAFF REPORTS
Public Works - Dent Pierce, Division Director advised the Board that his office received
funds from the Tourist Development Council DAC Boards, as follows: $50,000 for the East
Martello stair repairs; $45,000 for the West Martello Fencing; and $6,400 for Harry Harris Park
equipment repairs.
DIVISION OF GROWTH MANAGEMENT
Diane Beruldson and Owen Trepanier, President, Board of Directors - Habitat for
Humanity of Key West Lower Keys on the following items:
Resolution clarifying Resolution No. 184-2007 and Resolution No. 083-2009 reserving
and setting aside sixteen (16) affordable housing dwelling unit allocations for property described
as Lot 8, Block 8, Cutthroat Harbor Estates, Cudjoe Key, real estate number 00178350.000000
for a employee housing project to be constructed by Habitat for Humanity of the Lower Keys;
setting terms and conditions.
Resolution clarifying Resolution No. 184-2007 and Resolution No. 083-2009 reserving
and setting aside fourteen (14) affordable housing dwelling unit allocations for property
described as Mandalay PB 1-194 Key Largo PT Square 3, real estate numbers 00554720.000000
and 00554720.000100 for a project to be constructed by Habitat for Humanity of the Upper Keys
and the project known as Mandalay; setting terms and conditions.
Resolution clarifying Resolution No. 184-2007 and Resolution No. 083-2009 reserving
and setting aside thirty-six (36) affordable housing dwelling unit allocations for property
described as Blue Water Trailer Village Section 1, real estate number 00488730.000000 for a
employee housing project; setting terms and conditions.
Resolution extending Resolution No. 273-2006 and Resolution No. 184-2007 continuing
to reserve and set aside forty-nine (49) affordable housing dwelling unit allocations for property
described as Maloney Sub PB 1-55 Lots 1 through 20 Square 38 & PT disclaimed First Avenue,
Stock Island, real estate numbers 00125350.000000 and 00125360.000000 for a employee
housing project to be constructed by Overseas Redevelopment Company, LLC and the project is
known as Flagler Village; setting terms and conditions.
Resolution clarifying Resolution No. 184-2007 and Resolution No. 083-2009 reserving
and setting aside twelve (12) affordable housing dwelling unit allocations for property described
as Part Tract B, Porpoise Point Section 5, Big Coppitt, real estate number 00156320.000000 for a
employee housing project to be constructed by Habitat for Humanity of the Key West and Lower
Keys and the project known as Bayside Landing II: setting terms and conditions.
Suzanne Hutton, County Attorney and Drew Trivette, Growth Management Director
discussed the above items. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy to adopt the following Resolutions:
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RESOLUTION NO. 209-2009
RESOLUTION NO. 210-2009
RESOLUTION NO. 211-2009
RESOLUTION NO. 212-2009
RESOLUTION NO. 213-2009
Said Resolutions are incorporated herein by reference.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item concerning Windstorm Insurance and the
counties ongoing collaboration with FIRM in addressing inequitable treatment of Monroe
County Property owners. The following individual addressed the Board: Christine Russell. The
item was referred to the County Attorney.
The Board discussed Mayor Neugent's item concerning approval by the Board of County
Commissioners to support the name change of Florida Keys Community College to The College
of the Florida Keys. After consideration, the item was withdrawn.
The Board discussed Commissioner Carruthers item concerning approval of a Resolution
of the Board of County Commissioners of Monroe County, Florida, urging immediate passage of
comprehensive federal health reform legislation. The following individuals addressed the Board:
Diane Beruldson and Christine Russell. After consideration, the item was withdrawn.
COUNTY CLERK
Danny L. Kolhage, Clerk advised the Board that the Tax Collector's agenda item - MI
needed a correction for the record. He advised the Board they were extending the 2009 tax roll
prior to conclusion of the Value Adjustment Board Hearings, not the 2008.
COUNTY ADMINISTRATOR
The Board reconsidered the approval to apply for and if awarded accept grant from the
U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency
(FEMA), Grants Programs Directorate (GPD) of the Fiscal Year 2009 American Recovery and
Reinvestment Act (ARRA) Assistance to Firefighters Fire Station Construction Grants (SCG) for
the construction of the Conch Key Fire Station and the Stock Island Fire Station which meet the
grant criteria, adding a funding match. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion
carried unanimously.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney reported to the Board on the following matters:
Wastewater settlement agreement for the package treatment plants which the county owns and
157
which are located within the jurisdiction of Islamorada - the Board authorized the County
Attorney to continue to work with the Village of Islamorada and FDEP to get the contracts for
county-owned plants in Islamorada in final form and bring them back to the BOCC; Package
treatment plants in the unincorporated county and the County entering into such agreements with
plant owners - the Board did not authorize the County Attorney to enter into such agreements;
Settlement of the issues concerning soil contamination from the prior existence of a fuel tank at
the former Public Service Building on Stock Island - the County Attorney requested direction to
continue to try to work out a settlement of these issues, unless the County freely and of its own
accord wishes to pay all the invoices incurred by the City and the Key West Botanical Garden -
the matter was referred to the County Attorney to prepare a settlement agreement for the cost of
the initial environmental assessment and 20% of the rest of the pre-interest and penalty bills, for
a total amount of$16,773.70.
Bob Shillinger, Chief Assistant County Attorney discussed a letter to Franklin D.
Greenman, Esq., concerning Monroe County v. Key Largo Ocean Resorts Co-op, Inc., CA P 96-
260 matter. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro authorizing Mr. Shillinger to send the letter as discussed. (Said letter
is incorporated herein by reference). The following individual addressed the Board: Diane
Beruldsen. Motion carried unanimously.
Suzanne Hutton, County Attorney updated the Board concerning past litigation files
regarding the electrification of No Name Key.
The Board discussed a Request by property owner Dasha Renee Ray for mitigation of
fines in Code Enforcement Case CE05050175. Fines total $4,450. Lisa Granger, Assistant
County Attorney and Drew Trivette, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to fine Ms. Ray the amount of$1,206.00 to be paid within sixty days. Motion carried
unanimously.
Suzanne Hutton, County Attorney requested closed sessions on the following matters:
Attorney-Client Closed Session of the Board of County Commissioners in the matter of Tropex
Construction Service, Inc. vs. Monroe County, CA P 06-44 to be held at the regularly scheduled
meeting in Key Largo on August 19, 2009.
Attorney-Client Closed Session of the Board of County Commissioners in the matter of
Donald Barton v. Monroe County, CA K 09-917 to be held at the regularly scheduled meeting in
Key Largo on August 19, 2009.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
to hold the above closed sessions at 1 :30 P.M. for the Tropex matter and at 1 :45 P.M. for the
Donald Barton matter on August 19,2009 in Key Largo. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed a request to provide for an exception to
county policy for video footage and photographs paid with tax dollars are not available for
commercial usage for the very limited & special purpose of allowing 1 st State Bank to use a
158
segment of footage of the sinking of the Vandenberg in a television commercial based on the fact
that 15t State Bank provided funding which enabled the project to be completed. The Board
requested the matter be presented to the Tourist Development Council for a recommendation to
the Board of County Commissioners.
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
JhMC.~
Isabel C. DeSantis, Deputy Clerk