08/19/2009 Regular
172
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
VVednesday,i\ugust 19,2009
Key Largo, Florida
i\ Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 i\.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, Commissi2009/1720ner Kim VVigington, and Mayor George
Neugent. i\lso present at the meeting were Roman Gastesi, County i\dministrator; Debbie
Frederick, i\ssistant County i\dministrator; Suzanne Hutton, County i\ttomey; Danny L.
Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio;
and the general public.
i\ Special Invocation was made in memory of the late Monroe County Veteran's i\ffairs
Director - Charles Ingraham.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy
granting approval of i\dditions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Mayor's Presentation of Service i\ ward for 15 years of service to David Zalanka, Fire
Rescue Lieutenant.
Mayor's Proclamation designating September 6 - 12,2009 as Suicide Prevention VVeek.
Mayor's Proclamation designating September 17 - 23, 2009 as Constitution VVeek.
BULK APPROVALS
Board ratified the signing of an i\ward Letter by the Mayor accepting additional Federal
funds in the amount of $49,206.00 as a Modification to the Emergency Management Base Grant
i\greement # 09-BG-03-11-54-01-169 in the amount of $98,726.00; and authorized the County
i\dministrator to execute any other required documentation in relation to the application process.
Board granted approval and authorized execution of an i\greement between Monroe
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County and the University of Miami Miller School of Medicine (UM), Gordon Center for
Research in Medical Education (GCRME), Division of Pre hospital and Emergency Healthcare
designating Monroe County Fire Rescue (MCFR) as a satellite training site to offer American
Heart Association (AHA) Basic Life Support (BLS), and Advanced Cardiac Life Support
(ACLS) courses.
Board granted approval and authorized execution of Amendment 001 to the Nutrition
Services Incentive Program (NSIP) Contract US-951 between Monroe County and the Alliance
for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County
Commissioners (Social Services/Nutrition Program) for Fiscal Year 8/1/08 to 9/30/09.
Board granted approval and authorized execution of the Adult Services Home and
Community Based Case Management Referral Agreement between the Florida Department of
Children & Families and the Monroe County Board of County Commissioners (Social
Services/In-Home Services Program) for State Fiscal Year (SFY) July 1,2009 to June 30, 2010.
Board granted approval of Modification #1 to the Low Income Home Energy Assistance
Program (LIHEAP) Federally Funded Sub Grant Agreement Number 09EA-7K-11-54-01-019
between Monroe County Board of County Commissioners (Community Services/Social
Services) and the State of Florida, Department of Community Affairs for the provision of funds
to pay electric bills for low income clients.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Orion Bank for an Automated Teller Machine at the Key West International
Airport.
Board granted approval of Award of Bid to Quality Enterprises USA, Inc., for Runway
Safety Area improvements at the Key West International Airport in the amount of$2,296,711.98
Board granted approval of Federal Aviation Administration Grant, Project Number 3-12-
0044-027-2009 to conduct an Environmental Assessment for relocation and extension of
Runway 07/25 at the Florida Keys Marathon Airport, in the amount of$485,855.00.
Board granted approval and authorized execution of an Amendment to Lease Agreement
for the Airport Gift Shop at the Key West International Airport between Monroe County and
Gina Borrego/Last Chance Gifts, LLC.
Board granted approval of Award of Bid to Tri- Tech Construction and Design, Inc., for
Runway Obstruction Clearing Phase II at the Key West International Airport, in the amount of in
the amount of $1 06,456.45.
Board granted approval of a vendor from the top-ranked firms, to negotiate a contract for
the development of Monroe County's Americans with Disabilities Act Transition Plan - first
ranked is Bender and Associates in joint venture with ADAAG Consulting Services.
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Board granted approval of the Receipt of monthly report on Change Orders reviewed by
the County Administrator's Office.
Board granted approval and authorized execution of First Renewal to Monroe County Art
in Public Places Administrative Agreement between Monroe County and the Florida Keys
Council of the Arts to utilize 10% of the 1 % allocation for art funding, for the reimbursement of
administrative expenses.
Board granted approval and authorized execution of Fourth and Final Amendment to
Contract for Consulting Services for American with Disabilities Act (ADA) Compliance
Assessments for County Facilities and Roads between Monroe County and MBI/K2M
Architecture, Inc.
Board adopted the following Resolutions for the Transfer of Funds and Resolutions for
the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 214-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 125-2009 (OMB Schedule Item No.2)
RESOLUTION NO. 215-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 216-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 217-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 218-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 219-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 220-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
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RESOLUTION NO. 221-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 222-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.1 0).
RESOLUTION NO. 223-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 224-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 225-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 226-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 227-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 228-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 229-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 230-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 231-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 232-2009
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 233-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 234-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 235-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No.1 04-2009 (OMB Schedule Item No. 23).
RESOLUTION NO. 236-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 237-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 238-2009
Said Resolution is 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 Edward Byrne Memorial
Justice Assistance FY 2010 Grant (JAG) program based upon the recommendations of the
Substance Abuse Policy Advisory Board and authorized the County Administrator to execute the
application.
RESOLUTION NO. 239-2009
Said Resolution is incorporated herein by reference.
Board granted approval for the Mayor to execute the Edward Byrne Memorial Justice
Assistance funding distribution letter dated July 15, 2009 to 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, for the following
projects: Monroe County Youth Challenge Drug and Violence Prevention in the amount of
$41,723; Samuel's House Women's Shelter Drug Testing Program in the amount of$21,700;
HeronJPeacock Anti-recidivism Program for Mentally III and Substance Abusers in the amount
of$32,725; and 16th Judicial Circuit Urinalysis Program (Drug Court Program) in the amount of
$46,725 totaling the amount of$142,873.
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Board granted approval to award Public Works surplus items as described in the Recap of
Bid Opening on July 30, 2009. (Items 1, 2, 11, 12, 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28 &
29). Said document is incorporated herein by reference.
Board granted approval of Award of Bid and authorized execution of an Agreement
between Monroe County and Curran Taylor, Inc. for convection steamers for the Monroe County
Detention Center on Stock Island.
Board granted approval to modify the fee structure for the use of Government meeting
rooms, and Channel 76 televising costs for the Fiscal Year beginning October 1, 2009.
Board adopted the following Resolution authorizing the execution of the 7th year Grant
Agreement # 023SC with the Florida Department of Environmental Protection (DEP) for the
acceptance of the Consolidated Small County Solid Waste Management Grant for Fiscal Year
2009/2010.
RESOLUTION NO. 240-2009
Said Resolution is incorporated herein by reference.
Board granted approval for Staff to apply for a grant for transportation stimulus funds for
bridge repair and rehabilitation projects and for the Mayor to execute a Certification Under
Section 1511 of the American Recovery and Reinvestment Act stating the projects that may be
awarded discretionary stimulus grant funds through the American Recovery and Reinvestment
Act of 2009 (ARRA) which have received the full review and vetting required by law and that
the infrastructure investment is an appropriate use of taxpayer dollars.
Board adopted the following Resolution indicating strong support for bridge repair and
rehabilitation projects.
RESOLUTION NO. 241-2009
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of the Year 2009 - 2010 Monroe County Tourist Development
Council Marketing Plan.
Board granted approval and authorized execution of a 1 st Amendment to Agreement
between Monroe County and the Lower Keys Chamber of Commerce, Inc. covering the Big Pine
and Lower Keys Island Art Festival to revise date of event to December 5,2009.
Board granted approval and authorized execution of a 1 st Amendment to extend the
Agreement between Monroe County and 3406 North Roosevelt Boulevard Corporation d/b/a
Visit Florida Keys for the provision of services for operating an executive office for tourism
promotion by Monroe County Code Sections 2-299.
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Board granted approval to waive policies and bid process and enter into a Contract
between Monroe County and The Ameurop Group, Inc. who is the only entity that provides
multilingual tourist assistance for 24 hours; 7 days a week; 365 days a year. The Ameurop
Group, Inc. provides live assistance through to 1-800-771- KEYS and provides a monthly
detailed report.
Board granted approval and authorized execution of an Agreement between Monroe
County and Keys Association of Dive Operators, Inc. to act as a County Wide Dive Umbrella.
Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Keys Fishing Tournaments, Inc. to act as a County Wide Fishing Umbrella.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution addressing procedural issues pertaining to the
"Contract for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels and
Marine Debris"; providing clarification regarding the intent of the contract, providing
clarification regarding quote solicitation and job award procedures, and waiving purchasing
policy by providing additional purchasing levels and signature authorities to expedite the derelict
vessel and marine debris removal process.
RESOLUTION NO. 242-2009
Said Resolution is incorporated herein by reference.
Board granted approval of a Task Assignment Notification Form, FWC Contract No.
08150 with the Florida Fish & Wildlife Conservation Commission (FFWCC) to receive a
$176,000 grant for the removal of invasive exotic plant species from conservation lands that are
owned or managed by Monroe County.
Board adopted the following Resolution authorizing the acceptance of Block 54, Lots 16
& 17, Maloney Subdivision also known as McDonald's Plat (PB 1-55) in Stock Island, Florida
from the Monroe County Comprehensive Plan Land Authority for affordable housing including a
12 unit apartment complex consisting of3 buildings located at 5530 Third Avenue, Stock Island.
(RE# 00126970-000000).
RESOLUTION NO. 243-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Occupancy Agreement and
Ground 99 Year Lease between Monroe County and the Habitat for Humanity of Key West and
the Lower Keys, Inc. for property at 5530 Third Avenue, Stock Island (RE# 00126970-000000)
for management and renovation of a 12 unit apartment complex to be used for affordable
housing.
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Board granted approval and authorized execution of a Ground Lessor Estoppel and
Attornment Agreement by Monroe County and Sea Grape II, Ltd. in favor of Neighborhood
Lending Partners of South Florida, Inc. This approval allows the long term lessee to obtain
financing for the project of twenty-eight (28) units.
Board adopted the following Resolution approving the Rockland Industrial Park Re-Plat
with a minor technical change to the original of the Rockland Industrial Park recorded in Plat
Book 7 at Page 76 which amendment has already been approved by the acting Planning Director
pursuant to Monroe County Code Section 11 0-96(E), having legal description of a portion of
Government Lot 7, Section 21, Township 67 South, Range 26 East, Rockland Key Florida,
having Real Estate Number 001122080-000100.
RESOLUTION NO. 244-2009
Said Resolution is incorporated herein by reference.
Board granted approval and ratified the members to the Green Initiative Task Force
(GITF) for a one-year term, the appointments are for District 2 - David Tuttle; District 3 - Jedde
Regante and Donna Windle; District 4 - Steven Grasley and Jeffrey Pinkus; and District 5 - Joel
Reed and John Hammerstrom. All of the appointments are being renewed for an additional one-
year term beginning September 29,2009 and expiring on September 28,2010.
Board granted approval and authorized execution of an Amendment to the 2006
Agreement between Monroe County and DRC Emergency Services, LLC extending the
Agreement for one additional year, through September 19,2010.
Board granted approval of the Code Enforcement Action Plan which includes altering the
job description of a current employee and the creation of one (1) FTE position within the Code
Enforcement Department.
Board granted approval and authorized execution of a Sub-Lease Agreement between the
Overseas Redevelopment Company, LLC & Flagler Village Limited Partnership, L TD for that
portion of the lease that is post-development. The Lessee Overseas Redevelopment Company,
LLC is applying for Low Income Housing Tax Credit Financing.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving an Amendment to the
2008/2009/2010 Local Housing Assistance Plan as required by the State Housing Initiatives
Partnership (SHIP) Program, and adoption of the "Florida Homebuyer Opportunity Program"
(FHOP) strategy and the submission of the amended Local Housing Assistance Plan to the
Florida Housing Finance Corporation.
RESOLUTION NO. 245-2009
Said Resolution is incorporated herein by reference.
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COMMISSIONERS' ITEMS
Board granted approval of Mayor Neugent's appointment of Sylvia Murphy, Mayor Pro
Tern to the Tourist Development Council as the Mayor's representative to the Board of County
Commissioners.
Board granted approval of Commissioner DiGennaro's reappointment of Jim Cameron to
the Planning Commission as the District 4 representative.
COUNTY CLERK
Board granted approval of the Board of County Commissioners minutes from the Regular
meeting of June 17,2009 (Previously distributed).
Board granted approval of the following Warrants (104652-104752 & 541931-542974):
General Fund (001), in the amount of $3,202,969.99; Fine & Forfeiture Fund (101), in the
amount of$6,201,202.20; Road and Bridge Fund (102), in the amount of$38,981.04; TDC
District Two Penny (115), in the amount of $472,979.15; TDC Admin. & Promo 2 Cent
(116), in the amount of$572,445.17; TDC District 1,3 Cent (117), in the amount of
$253,403.54; TDC District 2,3 Cent (118), in the amount of$102,601.23; TDC District 3,3
Cent (119), in the amount of$11,842.44; TDC District 4,3 Cent (120), in the amount of
$161,440.24; TDC District 5,3 Cent (121), in the amount of$110,719.02; Gov. Fund Type
Grants (125), in the amount of$148,074.91; Fire & Amb District 1 L&M Keys (141), in the
amount of $248,650.34; Upper Keys Health Care (1441), in the amount of$841.77; Uninc Svc
Dist Parks & Rec (147), in the amount of $40,695.49; Plan, Build, Zoning (148), in the amount
of$65,087.00; Municipal Policing (149), in the amount of$698,390.01; Duck Key Security
(152), in the amount of$3,840.00; Local Housing Assistance (153), in the amount of
$73,382.68; Boating Improvement Fund (157), in the amount of$34,751.32; Misc. Special
Revenue Fund (158), in the amount of $27,259.46; Environmental Restoration (160), in the
amount of$32,814.13; Law Enforcement Trust (162), in the amount of$9,438.18; Building
Fund (180), in the amount of$15,454.01; 1 Cent Infra Surtax (304), in the amount of
$74,606.06; 2003 Revenue Bonds (307), in the amount of$1,293.29; Infr Sls Srtx Rev
BDS2007 (308), in the amount of$392,966.60; Big Coppitt Wastewater Pr (310), in the
amount of$2,891,324.06; Card Sound Bridge (401), in the amount of$5,135.47; Marathon
Airport (403), in the amount of$91,560.23; Key West Inti. Airport (404), in the amount of
$129,996.75; KW AlP Series 2006 Bonds (405), in the amount of$115,315.25; PFC & Oper
Restrictions, in the amount of $560,904.82; MSD Solid Waste (414), in the amount of
$1,192,883.76; Worker's Compensation (501), in the amount of$20,149.88; Group Insurance
Fund (502), in the amount of$122,717.75; Risk Management Fund (503), in the amount of
$29,047.85; Fleet Management Fund (504), in the amount of$96,598.80; Fire&EMS LOSAP
Trust Fund (610), in the amount of$I,200. Note: Checks 541931 - 541982 voided due to
problem with check signing machine.
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Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list in incorporated herein by reference.
Board granted approval of Tourist Development Council Expenditures for the month of
July, 2009: Advertising, in the amount of$I,119,093.51; Bricks & Mortar/Interlocal
Projects, in the amount of$$126,985.92; Events, in the amount of$94,838.70; Office Supplies
& Oper Costs, in the amount of$30,281.29; Public Relations, in the amount of$149,014.32;
Sales & Marketing, in the amount of$63,941.86; Telephone & Utilities, in the amount of
$20,133.67; Travel, in the amount of$2,203.98; Visitor Information Services, in the amount of
$61,101.00.
Board granted approval to rescind Agenda Item K7 from the April 19, 2006 BOCC
meeting; a Letter of Understanding with the Florida Department of Community Affairs
recognizing the number of affordable dwelling unit allocations available for use in Agreement
with developers.
Board granted approval of the corrective warrants list for the period of October, 2008
through June, 2009.
COUNTY ADMINISTRATOR
Board granted approval of the reappointment of Mr. Lou Hernandez to the Tourist
Development Council representing the position of elected municipal official.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and the Monroe County Health Department to provide office space at the Gato Building,
1100 Simonton Street, Key West, Florida.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and the Monroe County Health Department to provide office space at the Murray E.
Nelson Government and Cultural Center, Key Largo, Florida.
COUNTY ATTORNEY
Board granted approval and authorized execution of a) Florida Communities Trust Area
of Critical State Concern Program Addendum VII to Grant Contract, Proposal Number 93-001-
CSl to transfer four (4) County-owned parcels located within the City of Marathon to the City of
Marathon and; b) approval for the Mayor to execute the correlating Quit Claim Deed approved
by the Florida Communities Trust, upon receipt of the executed Addendum VII to Grant
Contract from the City of Marathon.
Board granted approval and authorized execution of a Professional Services Contract
between Monroe County and Thomas D. Wright to serve as legal counsel for the Contractors
Examining Board.
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Board granted approval and authorized execution of a Consent to Assignment from Tew
Cardenas, LLP to Cardenas Partners, LLC of original agreement dated February 27,2009, and all
subsequent amendments, for provision of lobbying services pursuant to notification received that
the Washington office ofTew Cardenas, LLP has bifurcated from the Miami office and is now
its own separate entity known as Cardenas Partners, LLC effective July 1, 2009.
Board granted approval of payment in the amount of$43,152.46 to the firm of Ferencik,
Libanoff, Brandt, Bustamante & Williams, P.A. for legal services provided on behalf of Monroe
County in the matter of Monroe County v. Bender & Associates, etc/D.L. Porter Constructors,
Inc. vs. Bliss-Cashier Metal Products, Inc., Case No. 03-CA-915-K.
Board granted approval for Assistant County Attorney Granger to voluntarily dismiss
without prejudice the County's foreclosure actions entitled 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. a!., Case No.
04-CA-639-K but allowing the Code Enforcement lien to remain filed and imposed during its
regular meeting scheduled for August 19,2009 in Key Largo.
Board granted approval to advertise an Ordinance for a Public Hearing to amend Section
23-85 of the Monroe County Code; 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.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item concerning the use of the "Old Stiglitz"
House" on South Street near Watson Park on Big Pine Key for the Boys and Girls Club after
school and summer programs. The following individuals addressed the Board: Dan Dombroski
and Cece Williamson, representing the Boys & Girls Club. The item was referred to Staff.
MISCELLANEOUS BULK ITEMS
The Board discussed the advertisement of a Request for Proposals for Parking Lot
Management for the Key West International Airport. Peter Horton, Airports Director and Danny
Kolhage, Clerk of Courts discussed the matter. Motion was made by Commissioner DiGennaro
and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
The Board discussed applying for a Small Community Air Service Development Program
federal grant to obtain one or more low cost air carriers for the Key West International Airport.
Peter Horton, Airports Director discussed the matter. Motion was made by Commissioner
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Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion
carried unanimously.
The Board discussed rates charged by Miami-Dade County Fair & Expo for electric,
lights and air conditioning during Hurricane Ike activation of pet friendly shelter facility. The
rates billed were $27.00 per hour for electric/lights, and $80.00 per hour for air conditioning
during September 7-8,2008. Suzanne Hutton, County Attorney and Danny Kolhage, Clerk of
Courts discussed the matter. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro granting approval of the item. Motion carried unanimously.
The Board discussed adding a Recycling Coordinator position under Solid Waste
Management, effective October 1, 2009. Dent Pierce, Public Works Director and Rosa
Washington, Sr. Administrator - Solid Waste Management discussed the matter. The following
individual addressed the Board: Robby Majeska. Motion was made by Commissioner
DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion
carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Board discussed an Agreement between Monroe County and the Key West Business
Guild, Inc. for Visitor Information Services which promote gay and lesbian tourism for Key
West. The following individual addressed the Board: Ron Miller, representing the Upper Keys
Citizens Association. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro granting approval of the item. Motion carried unanimously.
The Clerk announced a vacant position on the Tourist Development Council District I
Advisory Committee for an "At Large" appointment.
The Clerk announced a vacant position on the Tourist Development Council District II
Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Airports - Peter Horton, Airports Director reported passenger numbers at the Key West
International Airport. Mr. Horton also discussed a recent trip he and the Mayor took to Miami to
meet with representatives of Vision Air concerning a new charter at the airport(s).
GROWTH MANAGEMENT
The Board discussed a Sub-Lease Agreement between Overseas Redevelopment
Company, LLC & Flagler Village Limited Partnership, Ltd. to comply with low income housing
tax credit financing application requirements. Suzanne Hutton, County Attorney and Drew
Trivette, Growth Management Director discussed the matter. The following individuals
addressed the Board: Tim Koenig and Scott Oropeza, representing Overseas Redevelpment.
After discussion, motion was made by Commissioner DiGennaro and seconded by
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Commissioner Carruthers granting approval of the item, as revised. Motion carried
unanimously.
The Board discussed a request from The Green Initiative Task Force (GITF) to apply for
a grant from the Federal Government that requires no matching funds known as the Solar
American Cities-Technical Outreach, it offers $10.5M total funding and is designated for energy
efficiency and renewable energy information dissemination, outreach, training and technical
analysis. In order to apply, the GITF will need assistance of County staff to assist in writing the
grant. Drew Trivette, Growth Management Director and Roman Gastesi, County Administrator
discussed the matter. The following individual addressed the Board: Joel Reed. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval
of the item. Motion carried unanimously.
The Board discussed the currently utilized "H" mitigation credit/debit process for public
and private development located on Big Pine Key and No Name Key with direction to Growth
Management to pursue Regulatory Conservation as a mitigation strategy using a mitigation
ordinance as a secondary approach. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers granting approval of the item. Motion carried
unanimously.
The Board discussed the Affordable Housing Advisory Committee (AHAC) meeting four
times per year. Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers allowing the number of AHAC meetings to increase from once a year to four times a
year. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent Yes
Motion carried.
STAFF REPORTS
Growth Management - Drew Trivette, Growth Management Director reported on
climate change/sea level and the County's Tier System. Mr. Trivette discussed his resignation
and that his last day of employment would be September 18, 2009.
COMMISSIONERS' ITEMS
The Board discussed Mayor Neugent's item to move forward with legislation and provide
direction to the County Attorney to negotiate a contract with the Grey Robinson Law Firm for
purposes of lobbying the Florida State Legislation to support a Bill entitled Area of Critical State
Concern Wastewater and Stormwater Assistance Program. Roman Gastesi, County
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Administrator and Suzanne Hutton, County Attorney discussed the matter. Motion was made by
Commissioner DiGennaro and seconded by Commissioner granting approval and authorizing
execution of the subject contract. Motion carried unanimously. Motion was also made by
Commissioner Murphy and seconded by Commissioner Carruthers to support the legislative
proposal consisting of an authorization to conduct a referendum on an additional one penny sales
tax, the $200 million dollars of state revenues and targeted deadline extensions for wastewater.
Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to postpone to the Board's September meeting in Marathon the support to provide
additional land on Scout Key to be placed under a conservation easement to satisfy the
requirement for off- site mitigation for Camp Sawyer. Motion carried unanimously.
The Board discussed Commissioner DiGennaro's items concerning an Interlocal
Agreement between Monroe County and the City of Marathon to assist the City of Marathon
with training of city code inspectors, and to allow the city to utilize the services of the County's
Contractors Examining Board to provide contractor licensing and disciplinary functions. This
ILA terminates the prior agreement and updates it. Drew Trivette, Growth Management Director
discussed the matter. Motion was made by Commissioner Murphy and seconded by
Commissioner Carrruthers to table the item to the Board's September meeting in Marathon.
Motion carried unanimously. Suzanne Hutton, County Attorney also discussed the item.
COUNTY ADMINISTRATOR
Roman Gastesi, County Attorney referred the Board to the written County Divisions'
Monthly Activity Report for July, 2009 dated July 4, 2009.
The Board discussed approval or rejection of the proposal to lease the property formerly
known as the Hickory House parcel and fixtures for the sum of one dollar a year for thirty years
with ideas for improvements. The following individual addressed the Board: Howard Gelbman.
Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed the
matter. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro
to reject the bid proposal received and bring back to the Board a specific RFP for consideration
before it is advertised. The Board also requested a status on the condition of the property.
Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed a Resolution extending the default date for the SHIP Mortgage
issued for Woods Comer to December 31, 2009. Motion was made by Commissioner Carruthers
and seconded by Commissioner DiGennaro to adopt the following Resolution authorizing a final
extension default date to March 31, 2010. Motion carried unanimously.
RESOLUTION NO. 246-2009
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Said Resolution is incorporated herein by reference.
The Board discussed a request for approval to advertise a Public Hearing for an
Ordinance prohibiting lobbying of County officials and employees from the time a solicitation is
advertised until the award of contract, and adding to the bases for debarment the violation of the
lobbying prohibition. Suzanne Hutton, County Attorney. Motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to table the item. Motion carried
unanimously.
CLOSED SESSION
Suzanne Hutton, County Attorney announced that an Attorney-Client Closed Session of
the Board of County Commissioners was being held in the matter Tropex Construction Service,
Inc. VS. Monroe County, CA P 06-44. Present at the meeting will be the Commissioners, County
Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County
Attorney Bob Shillinger and a certified court reporter.
COUNTY ATTORNEY
Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers
to re-open the agenda in order to add an item by the County Attorney. Motion carried
unanimously. Bob Shillinger, Chief Assistant County Attorney discussed the ratification of a
Settlement Agreement in the matter of Tropex Construction Services, Inc., a Florida corporation
v. Monroe County Board of County Commissioners, Case No. CA P 06-44 P. Motion was made
by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of
the Settlement Agreement. Motion carried unanimously.
Bob Shillinger, Chief Assistant County Attorney discussed the Attorney-Client Closed
Session of the Board of County Commissioners in the matter of Donald Barton v. Monroe
County, CA K 09-917, and requested that the Session be continued. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers to continue the Closed
Session to the Board's meeting on September 16, 2009 at 1:30 P.M. Suzanne Hutton, County
Attorney read the names of the persons to be present - the Commissioners, County Administrator
Roman Gastesi; County Attorney Suzanne Hutton; Chief Assistant County Attorney Bob
Shillinger; Assistant County Attorney, Susan Grimsley and a certified court reporter. Motion
carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator - Sewer Projects referred the Board to the written
Engineering Division - Wastewater Projects - July 2009 Status Report - dated August 19,2009.
The Board was provided with a document entitled Cudjoe Regional Wastewater System Design.
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Jim Reynolds, Executive Director of the Florida Keys Aqueduct Authority discussed the
document.
Motion was made by Commissioner Wigington and seconded by Commissioner Murphy
granting approval and authorizing execution of the Florida Department of Environmental
Protection (FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602090 in
the amount of $20,134,400 to fund the construction of the Big Coppitt Wastewater Treatment
Plant and Geiger/Rockland Key collection systems. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item to waive or reduce permitting fees
for the North Key Largo Utilities Corp project to upgrade the existing wastewater treatment
facility to meet the 2010 standards, and possible direction to staff to draft a resolution amending
the fees as approved by the Board. The following individual addressed the Board: David Ritz,
representing North Key Largo Utility Corporation. Suzanne Hutton, County Attorney discussed
the matter. Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers that County permit fees which are not set by the State shall be reduced to 5% for Not-
for-profit organizations with a 501 (c) (12) status from the Internal Revenue Service for
construction to comply with Advanced Waste Treatment requirements of Chapter 99-395, Laws
of Florida, and that they are not retroactive. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Wigington No
Mayor Neugent Yes
Motion carried.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the status of the Sandra Carter
v. Monroe County, case number CA K 07-882 litigation. Mr. Shillinger also discussed the
Calusa and Vandenbrook matters. The Board authorized the County Attorney to move forward
and file a Motion for Rehearing on the Carter litigation.
Commissioner DiGennaro excused himself from the meeting.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance deleting Sections 23-82,
23-83, 23-85(e), 23-88 and 23-93 of the Monroe County Code; Amending Sections 23-102 and
23-111 of the Monroe County Code; Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of
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Ordinances; and providing an effective date. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following
Ordinance. Section 11 shall be revised that the subject Ordinance shall take effective
immediately upon filing with the Office of the Secretary of State. Motion carried unanimously.
ORDINANCE NO. 028-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Monroe
County Code, Section 10-25, Chapter 10, Article II; Providing for a surcharge of$30.00 in
noncriminal traffic infractions as defined in F.S. 318.14 and Criminal Violations as listed in F.S.
318.17; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Ordinance. Section 5 shall be revised that the
subject Ordinance shall take effective immediately upon filing with the Office of the Secretary of
State. Motion carried unanimously.
ORDINANCE NO. 029-2009
Said Ordinance is incorporated herein by reference.
Commissioner DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Section 102-20 of the Monroe County Code
concerning the appointments and terms of members of the Planning Commission and vacancies
thereon; Deleting removal for cause except as specifically set forth; Deleting the requirement for
special meetings; Removing the for time certain public hearings and adding a military
representative as an ex officio member. The Board accepted public input with the following
individuals addressing the Board: Gail Kenson, representing NAS Key West, and Pauline Klein.
Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 030-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an ordinance amending Chapter 142 Signs in the
Land Development Code, specifically by amending Section 142-3 regarding vehicle and A-frame
signs; by amending Section 142-4 regarding off premises signs; by amending section 142-5
regarding electronic signs; and by creating Section 142-8 for special identification signs;
providing for severability; providing for repeal of inconsistent provisions; providing for
transmittal to the Secretary of State and Department of Community Affairs; providing for
codification; providing for an effective date. The Board accepted public input with the following
individuals addressing the Board: Anne Rodamen, representing SugarloafFood Company;
Marney Brown, and Dan Lesley. Drew Trivette, Growth Management Director discussed the
matter. Motion was made by Commissioner DiGennaro and seconded by Commissioner
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Carruthers to adopt the Ordinance, with a size revision: A-frame signs (i.e. Sandwich board
signs) are changed from 3 X 4 to 4 x 4 through December 31,2010. Roll call vote was taken
with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Wigington No
Mayor Neugent No
Motion failed. After further discussion, motion was made by Commissioner Murphy and
seconded by Commissioner DiGennaro to accept the Planning Commission's recommendation,
as written, through June 7, 2010. Roll call vote was unanimous.
ORDINANCE NO. 031-2009
Said Ordinance is incorporated herein by reference.
MISCELLANEOUS
Roman Gastesi, County Administrator discussed the advertisement/posting for a new
Growth Management Director position due to the resignation of Drew Trivette.
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
~~C.~
Isabel C. DeSantis, Deputy Clerk