HomeMy WebLinkAboutO. County Administrator
MEMORANDUM
Office of the County Administrator
TO: Board of County Commissioners
FROM: Debbie Frederick
Deputy County Administrator
DATE: January 5, 2009
SUBJECT: County Divisions' Monthly Activity Report for December, 2009
MONTHLY ACTIVITY REPORT - DECEMBER. 2009
KEY WEST AIRPORT
. In December, AirTran initiated low cost 737 flights to Orlando with continuing
service to Atlanta. Delta added a daily 737 non-stop to Atlanta as well.
. KWIA was recognized by the Key West Chamber of Commerce, "For outstanding
improvements that facilitate and enhance both the tourist and local travel experience."
The special award was presented to us for the completion of the new terminal proj ect.
. The Silverliners (retired Eastern Airlines flight attendants) held their annual Flight to
the North Pole in the new terminal this year. More than 500 children (mostly pre-
schoolers) had a great time visiting with Mr. and Mrs. Claus, opening presents and
having lunch at the Conch Flyer.
MARATHON AIRPORT
. Preliminary report presented to the Board of County Commissioners at December
2009 meeting regarding establishing a U. S. Customs Services facility at the
airport
. Through-the-fence agreement with Florida Keys Mosquito Control District has
been reviewed by FAA with no objections being noted
. Special Events:
. U.S. Air Force 39th Rescue Squadron conducted operational exerCIses at the
airport using C-130 Hercules aircraft
. Airport Emergency Plan (AEP) Triennial Full-Scale Exercise Pre-event planning
and coordination meeting was held with participating agencies
. Several construction and operations related projects continue to be in various
stages of completion at the airport including:
. HMGP Wind Retrofit (Hurricane Shutter) Project: Phase II - This project is
under contract with Castle USA Corporation; a pre-construction site visit was
conducted during the month. Project funding is through a sub-grant agreement
with the Florida Division of Emergency Management
. Passenger Terminal HV AC system replacement project is substantially complete
. The Environmental Assessment Project associated with the runway extension and
runway relocation proposals has commenced; an initial meeting with FAA was
held during the month at the Airports District Office in Orlando, Florida. Project
funding is through an FAA Grant
. Construction of the permanent FAA ADS-B Communications Facility and Tower
has been completed, replacing a temporary one which has been in operation for a
few years
EMPLOYEE SERVICES
I. Website Updates (other than normal position vacancy updates, etc.):
Benefits:
KPHA Provider Directory Updates
EAP monthly bulletin
Working Wellness Newsletter
Human Resources:
Updated 2 job descriptions
II. Turnover Numbers To Date:
Dec 2009 Turnover: .38% Turnover as of last Dec 2008: 21 % Turnover 2009: 8%
Resignations: 1 Terminations: 0 Retired: 0 Deceased: 0 Layoffs: 0
Total for 2009: Total for 2009: 5 Total for Total for 2009: Total for
20 2009: 8 1 2009: 8
III. Major ActivitiesIMeetings:
Human Resources
· 2009 Annual Evaluation report to all Supervisors.
Risk
· No major activities
Benefits (Group/Workers Comp)
· HIS Retiree Report completed and sent to FRS (due Dec 29th).
· Annual Wakely Actuarial (F.S. 112.08) submitted.
· Annual Medicare Part D Notice mailed to active/retirees 65 or older
Safety
· Held bi-annual Safety meeting.
BUDGET & FINANCE
Budget Analysts:
. Updated the 4th quarter Revenue and Expenditure report for FY09.
. Finished the reports and schedules for the FYI 0 Adopted budget book.
. Budget Transfers (Expenditure and Project transfers)
. Contracts Reviewed for December meeting - 20
. Prepared Resolutions for December meeting -20
. Posted Resolutions & Budget Transfers - 26
. Processed 403 budget amendment agenda item.
. Compiled and mailed the Adopted FY 2010 Budget for the yearly GFOA budget
award application.
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. Reports - Reviews a Balance Sheet by Fund Daily to verify all funds are
balanced.
. Reports - Monthly Expenditure Status Report and Expenditure Audit Trail Report
is printed and forwarded to Lower Keys AARP, Big Pine AARP and Middle Keys
AARP with an attached Memo outlining the available balance remaining for this
fiscal year.
. Resolution budget transfers monthly (Expenditure, Revenue and Project
transfers)
. Prep bills for Finance/Accts Payable
. Prepares the Monthly Bank of America Purchasing Card bill for Finance.
(gathering signature approvals, travel exp reports, purchase receipts and
completed daily purchase card reports from each card holder that has made a
purchase in that month).
. Reviewed Budget & Finance Contracts
. Resolution data input and postings
. Prepared the monthly Budget & Finance agenda items BOCC meeting packet.
. Prepared gas/diesel billing for Finance
. Prepared postage billing for Finance
. Timesheets
. Reviewed Travel Expense Reports, then forwarded to Finance.
. Administered/changed card status for new Purchasing cards
. Updated files for purchasing card holders
. Prepared Suncom billings for Finance
. Created purchase orders
. Prepared request to purchases
. Ordered supplies for office
Grants Administration Department:
. Continued Contract Preparation, Approval and Execution for final two 2010
Byrne JAG grants with FDLE. Preparation/discussion of related contracts for JAG
grants with the Drug Court and Samuel's House. In total the County is currently
administering 12 Byrne JAG grants (four of which are Recovery Act funds)
totaling approximately $680,000. Reviewed, approved, processed invoices for all
Byrne JAG and RSAT grants.
. Management of various issues related 2010 HSO/HSAB contracts, including
continued required document certification for all contracted organizations. In
total, the County is currently administering 39 contracts with not-for-profit
organizations totaling $2.9 million.
. 2008 Disaster Recovery Grant: In coordination with Housing Authority and
Wastewater Department, the County is making application for $2.8 million, of
which $1.8 million will be used to assist homeowners with lateral sewer
connections. Due date: Jan 15.
. Energy Efficiency and Conservation Block Grant (ARRA 2009): The County will
be making application to this grant for approx. $2.4 million in collaboration with
the City of Key West, the City of Marathon and the Village ofIslamorada. Staff
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has determined that collaborating with municipalities rather than competing with
them will improve the chances for success for the county and the cities. Monroe
County will be the lead applicant. Ifwe are successful, we will develop inter-
local agreements that detail each jurisdiction's respective programmatic and
financial obligations and submit to the BOCC for approval. We will be proposing
to do energy audits and retrofits for county buildings with high energy use to
reduce energy costs, addressing county facility lighting to reduce energy costs,
purchasing hybrid vehicles to replace gas vehicles in the County fleet, installing
solar hot water heaters (replacing existing conventional ones) in affordable homes
in partnership with Habitat for Humanity, and producing an energy-related
education video in partnership with Radio Green Earth. We are also exploring a
partnership with Keys Electric. No cash match is required; leverage (or in-kind)
dollars are also not required but if provided will add points to our score. Due date:
Feb 12.
. FEMA: Storms Ike and Fay: Completed and submitted Closeout Requests and
SODs for Large Project Worksheets for Fay and Ike. Hurricane Wilma:
Continued closeout work for Wilma PWs. To date, the County has closed a total
of 11 Large Proj ect Worksheets from Wilma.
Purchasing Department:
Totals for the month of December 2009 are as follows:
Total purchase orders processed 334
Total orders placed for departments 56
Total orders entered for departments 46
Office Depot orders processed 40
Staples Orders processed 3
We opened 3 bids and processed another 3 which was below average from the
previous months. Addendums entered 2, contracts reviewed 11, and bills paid 2, and
voided 6 purchase orders. We also processed 655 pieces of mail which was the
normal from previous months.
COMMUNITY SUPPORT SERVICES
Social Services Department (SSD)
In-Home And Nutrition Services (lliNS)
OAA, Older Americans Act Programs:
Nutrition (Information in this section is for the period 10/21/09 -11/20/09)
. C-l Congregate Meals totaled 1159 units this month. Seven seasonal clients have
already returned to the Marathon meal site. Attendance at the re-opened Big Pine
meal site continues to increase.
. C-2 Home-Delivered Meals totaled 3061 units during the reporting period, an increase
of 11 % over last month to help reduce the underachievement in the program.
In-Home Services (Information in this section is for the period 10/21/09 - 11/20/09)
. III-B Screening and Assessment: 6 units this period, 112% year-to-date achieved,18.06% overachieved. 36 clients on the waiting list.
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. III-B Homemaking: 86 units this period, 69% year-to-date achieved, 24.94%
underachieved. 47 clients on the waiting list.
. III-B Personal Care: 108.5 units this period, 123% year-to-date achieved, 29.06%
overachieved. 18 clients on the waiting list.
We have spent $105,736.69,93.94% ofIII-B funds, which is 2.26% overachieved.
o III-E In-Home Respite: 9.5 units this period, 4% year-to-date-achieved, 89.94%
underachieved (new program).
o III-E Facility Respite: 737.25 units this period, 146% year-to-date achieved, 52.06%
overachieved. We recently moved $30,000 into In-Home Respite to reduce the
overachievement.
We have spent $39,835.85, 70.43% ofIII-E funds, which is 21.25% underachieved. Case
Managers are working to bring more clients into the III-E program.
Non-OAA Programs:
CCDA (Community Care for Disabled Adults) for November 2009:
. Case Management: 8 units for the month were produced; 64.75 units year-to-
date.
. Homemaking: 123.5 units for the month were produced; 709.5 units year-to date.
. Home-Delivered Meals: Monthly units were 195 meals; 1030 meals year-to-date.
. Personal Care: Monthly units were 0; 25 units year-to-date.
Overall Program Achievement was 31.2%, 10.47% underachieved.
CCE (Community Care for the Elderly) for the period 10/21/09 - 11/20/09:
. Case Management: 64.75 units for the period and 306.5 units year-to-date.
29.44% achieved year-to-date. There are 101 clients on the waiting list.
. Intake: 14.75 units achieved and 37.5 units year-to-date. 73.85% achieved year-
to-date.
. Chore: 32 units achieved and 32 units year-to-date. 100% achieved year-to-date.
. Homemaking: 757.25 units for the period and 3285 units year-to-date. 35%
achieved year-to-date. There are 88 clients on the waiting list.
. Personal Care: 513.75 units for the period and 2279.25 units year-to-date.
41.53% achieved year-to-date. There are 46 clients on the waiting list.
. Respite: 78 units for the period and 586.5 units year-to-date. 33% achieved year
to date. There are 14 clients on the waiting list.
CCE overall is at 37% achievement, 4.67% underachieved. The Alliance
for Aging has given us $16,640 for 4 new CCE clients, who have just started
receiving services. The increased number of units will be reflected next month
and the achievement level should increase.
ADI (Alzheimer's Disease Initiative) for the period 10/21/09 - 11/20/09:
340 units were produced in the period and 925.5 units year to date. 39.19% year-
to-date achieved, 2.48% underachieved. We have reduced our underachievement
another 6% this month and should be on track soon.
HCE (Home Care for the Elderly Program) for the period 11/16/09 -
12/15/09: 15.25 billable units this period, 79.75 billable units year-to-date.
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Current spending level year to date is at 35.6%, 12.88% underachieved. We will
request that 2 new HCE clients be activated from the wait list to reduce the
underachi evement.
Monroe County Transit (MCT)
Department Activity for December2009
. One-way trips provided: 1,981
Unduplicated clients served: 245
Special Needs Clients registered: 399
. Awarded the 5310 FDOT Grant for the funding of a new Paratransit bus and the
5316 FDOT Grant for funding the Mobile Data Terminals/software for the
Trapeze Dispatching and Reservation System. The awards and agreements will be
brought to the board in the fall BOCC meetings.
Deposited Revenue: $2,539.67
Expenditures: $61,930.97
Percentage Spent Fiscal YTD: 3.2%
Community Support Services (CSS) / Compliance
In the month of December 2009 we had: 27 New Welfare cases
273 Office visits
58 Home and field visits
Incoming calls -Combined total [1,459]
We served (105) unduplicated Welfare client households
(19) New EHEAP cases totaling $4,209.92
(10cases)Low Income Home Energy Assistance Grant Program cases totaling $ 2,550.00
(15 -cases) Low Income Crisis Assistance cases totaling ~
3,198.22
Spent in DEC- $ 5,748.22
1 staff member volunteered and delivered Thanksgiving meals to shut-ins with
Salvation Army on Thanksgiving Day.
1 staff member donated $50 to Glad Tidings Church after 12 turkeys were
stolen to serve the needy for a Thanksgiving meal.
2 staff members coordinated with local agencies and the local libraries a
canned good drive to help replenish the local food banks, and was able to give
a substantial amount of food to St. Mary's, Salvation Army, and the
Metropolitan Church.
2 staff members also worked closely in getting 100 of our clients a Food Gift
Card for the holidays in conjunction with Salvation Army.
Bayshore Manor (BSM)
Bayshore Manor's current census is 16 residents. The current census is four
private pay and twelve subsidized. BSM provided 765.75 hours ofOA3E
respite care this month. Bayshore Manor has nine OA3E clients.
There are two clients on the wait list.
Revenue for December 2009
Expenditures for the same period
Percentage of the budget spent year to date
.
.
.
.
$34,368.45
$80,212.11
24.13 %
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LIBRARY
. The use of Library services keeps growing steadily as circulation in November
totaled 30,573 items, a 7% increase over the month last year and the Libraries
welcomed 32,260 visitors, a 4% increase.
. 301 new Library cards were issued in November, bringing our total cardholders to
42, 751-a significant percentage of the County population.
. 7,332 public access and wireless computer sessions were provided to the public
during the month.
. There was a 56% increase in borrower transactions (logins, renewals, requests) on
the Library's Information Portal website in November, as our monthly genre
newsletters and book clubs seem to be leading more customers to our materials
and the convenience of web site access to our catalog and their accounts.
. There was a 19% increase in attendance at library-sponsored events and
programs. Both Key Largo and Key West libraries doubled their number of
participants attending events for adults.
. A major event which contributed strongly to the above increase was the
celebration at all five branches of the Monroe County Public Library's 50th
Birthday. Following a proclamation at the November Board of County
Commissioners meeting, a week of open houses featuring contests, music, and
special displays highlighting Library memorabilia brought many of our patrons in
to celebrate the occasion and reminisce with Library staff.
. During November and December, Tom Hambright and library volunteers
uploaded another 1,300 archival images to the Library's Flicker photo project. In
December alone, there have been over 35,000 "visits" to the project. Visitors have
attached their own heart-warming memories to various images, such as: "I found
my great uncle on your site! I never had a photograph of him until now", and
"Here's the house I grew up in-I can't wait to show my grandchildren." These
responses express exactly the kind of community involvement that we hoped to
have for this project. Soon, one of our volunteers will be unable to provide further
time to the project, but we hope to find a replacement volunteer to perpetuate this
worthwhile and popular offering.
. We are taking a cautious approach to initial spending of the FY10 budget,
especially in areas of discretionary funds, and our spending is basically on a pace
with the fiscal year.
EXTENSION SERVICES
. Number of services provided: 444 phone calls, 55 office visits, 24 visits to clients,
8 group teachings with 256 participants, 9 media submissions, and 364 bulletins
distributed. Total Budget for FY 09/10: $186,213.00; Year to Date Expenditures
and Encumbrances: $120,236.18; Remaining Balance: $65,976.82; Percentage of
budget spent and/or encumbered year to date: 64%.
The Extension Director accomplished the following activities:
. Facilitated the monthly meeting of the Monroe County Green Initiative Task
Force. Major items of discussion were: a presentation by Rosa Washington and
Colleen Murphy regarding the County's recycling efforts and the grant proposal
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to USDA written by Colleen; a presentation by Steve Grasley on the national
effort to standardized solar installation permitting procedures; and a presentation
by Rich Jones about the NOAA Sea Level Rise meeting in Miami.
. Participated in two Webinars: "Residential Energy Audits by the International
Association of Inspectors" and "Standardizing Solar Permitting to aid both
Inspectors and Contractors."
. Presented an overview of the historical and current contributions of UF/MC
Extension Services since its inception in 1972 to the Florida Keys National
Marine Sanctuary Advisory Council.
. As per a public records request, provided electronic and paper copies of
documents and e-mails related to the Stan Mayfield Working Waterfronts Grant
to the law firm that is filing an administrative appeal regarding a change in the
rule administering the grant program. He anticipates having to testify at an
administrative hearing in January.
. Chaired a three-day meeting of the Gulf of Mexico Fishery Management
Council's Scientific and Statistical Committee (SSC) in Kenner, LA. The main
topic of discussion was the revised methods for establishing "Acceptable
Biological Catches" under the new congressional mandates and a review of the
updated population assessment of the red snapper fishery in the Gulf of Mexico.
The Environmental Horticulture Agent accomplished the following activities:
. The Agent and 24 Master Gardeners met to distribute the newly designed Master
Gardener logo clothing, and to plan next year's volunteer activities.
. Twelve Master Gardeners and Kim marched in the Key West Holiday Parade,
distributing candy and holiday cheer to the crowd.
. Held six regional plant clinics (two in Key West, one in Big Pine Key, one in
Marathon, and two in Key Largo) with the help of 16 Master Gardeners assisting
43 clientele with their plant and insect problems.
. Made ten site visits: two in Key West regarding Melaleuca ill at the Navy Base
and a visit to the Community Garden; Big Coppitt - Palm nutrition; Sugarloaf
Key - Melaleuca ill; Marathon - Stopper tree with loss of chlorophyll; Key
Largo & Tavernier - Sphaeropsis Gall on Green Buttonwood, Mahogany and
Gumbo Limbo trees; Gumbo Limbo tree and Stopper tree with ganoderma;
Valencia orange (thorny); grass questions.
GROWTH MANAGEMENT
GMD Comparative Revenue Summary
Revenue Total Total Revenue Revenue Revenue % Variance
Budget Revenue Revenue Ending Ending Ending Revenue
FY 2010 Collected in Collected December December December Ending
FY 2009 in FY 2008 FY 2010 FY 2009 FY 2008 December
FY 2010
To
December
FY 2009
Building $2,660,000 $2,610,100 $2,857,684 $731,383 $667,872 $887,855 +10%
Permit
Licenses &
8
Permits
Planning $500,907 $602,387 $488,081 $123,180 $149,321 $172,383 -18%
Department
Fees
Code $100,000 $288,941 $110,412 $46,240 $46,413 $19,729 0%
Enforcement
Fines &
Forfeits
· These are the primary, customer driven revenues and do not include the revenues obtained by taxes
etc.
EXPENSES
Budget Total Total FY 2010 FY 2009 FY 2008 %
FY'10 Expenses Expenses Expenses Expenses Expenses Variance
FY 2009 FY 2008 Ending Ending Ending Expenses
December December December Ending
December
FY 2009
To
December
FY 2010
Growth Mgmt. Admin. $903,834 $455,898 $648,098 $68,659 $85,184 $125,498 -19%
Geographic Info. (GIS) $287,555 $230,509 $181,935 $25,656 $47,203 $40,050 -66%
Planning $1,040,834 $899,234 $878,366 $223,738 $184,462 $227,999 +21%
Comprehensive Plan $221,000 $46,045 $74,655 0 $2,154 $26,511 -100%
Planning Commission $98,142 $84,698 $88,345 $17,376 $18,722 $21,801 -7%
Environmental Resources $275,222 $268,992 $330,016 $55,579 $66,858 $76,515 -17%
Marine Resources $52,850 $51,876 $84,753 $15,145 $12,966 $22,270 +17%
Code Enforcement $1,159,509 $1,047,668 $894,006 $255,107 $216,312 $201,004 +18%
Pump-Out Boat $67,443 $70,250 $64,640 $14,208 $16,083 $4,965 -12%
Building Department $2,389,816 $2,232,844 $2,311,238 $485,369 $472,272 $512,302 +3%
Marine Resources Office
. Handled approximately 40 customer inquiries; performed 5 site visits
. Removed 5 derelict vessels
. Performed inventory of missing regulatory buoys at the Whale Harbor Ch flats
. Attended meetings with the City of Key West and NOAA regarding Wisteria
Island and the proposal to develop a mooring field at that site
. Coordinated with the Sewer Project Coordinator regarding the acceptance of
vessel waste into central sewage systems
. Provided a presentation to the BOCC regarding the upcoming FWC Pilot Program
. Provided staff review of a proposed mooring field at Wisteria Island
. Submitted reimbursement documentation to CV A Program for pump out boat
expenditures
. Coordinated with Project Management regarding establishing a slip for the
pump out vessel at the Nelson Center
. Coordinated with DOT regarding the need for an idle speed zone at Jewfish Creek
. Developed new protocol for citizen owned vessels to be disposed of at County
transfer stations
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. Coordinated with SFRPC regarding necessary revisions to the Marina Siting Plan
. Coordinated vessel pump out requirements in association with new development at
Key Largo Fisheries
. Continued with required ATON surveys in the upper keys for FWC
. Attended Green Initiative Task Force meeting and provided update on regional
workshops regarding climate change
. Coordinated protocol for destroying vessels and extinguishing vessel titles with
the Florida DMV.
. Met with Florida Keys Commercial Fishermen Association to provide
coordination on the upcoming trap removal project funded by FEMA
. Coordinated with FWC and NOAA regarding charting of the Spiegel Grove
wreck site
GIS Office
GIS Proj ects
FLUM (on-going)
Zoning updates
T & E Species analysis
Tier Committee GIS data updates
FLUM Amendments - Planning (maps for Ads and Meetings)
GIS Server/Intranet Site Maintenance and data updates/editing (on-going)
GIS Employee Orientation
GIS Data/Map Requests
Tier Designation Review Committee draft maps
Habitat for Humanity - Monroe Co. Location Map (2)
Subdivision Development Analysis
Addressing
13 Address Assignments
Building Department
NUMBER OF PERMITS
APPS SUBMITTED
PERMITS ISSUED
WALK THRU
CERT OF OCCUPANCY
INSPECTIONS
TOTAL
A VERAGE PER DAY (20 Days)
PER DISCIPLINE: BUILDING/ROOFING
ELECTRICAL
PLUMBING
MECHANICAL (A/C)
GAS
PLANS REVIEWS
TOTAL
A VERAGE PER DAY (20 Days)
PER DISCIPLINE :ABO
BIO
BIO PEND
12/01/09-12/30/09
514
523
77
10
2016
101
820
296
517
71
10
3512
1760
320
89
10
C.O.
CODE ENF 2 4
CODE ENF 3 3
COORD 127
ELECT 96
EXAM 132
FEMA
FILE 1
FINAL 3
FIRE 29
FLOOD 109
M-STORAGE
MAR-BLDG 392
MECH 32
OFFICIAL 2
PENDING 12
PLAN 58
PLUMB 40
READY 6
ROGO 2
ROGO READY
ROOF 1
S.l. BUILDING 166
TRACK 1
UK-ABO 265
UK-BIO 112
UK-BLDG 523
UK-CODE 15
UK-COORD 224
UK-ELECT 75
UK-ENG
UK-EXAM 162
UK-FILE 19
UK-FIRE 60
UK-PENDING 49
UK-MECH 36
UK-NROGO
UK-PLAN 120
UK-PLUMB 39
UK-READY 125
UK-ROOF 18
UK-ROGO
UK-TRACK 44
Permit Type
Antenna/Towers/Equip Bldg
Awnings
Single Family Res-
Conventional
Demo
Dock
Fence/Retaining Walls
Average Days In System By Permit
Type
52
69
1855
34
222
23
11
Generator Building
Lp Gas Tanks
Land Clearing
Paving
Pool & Spa
Porch-Screen
Mobile Home-Replacement
Solar Units
Air Conditioning
Deck
Boat Davits
Roofing-Residential
Enclosure - Other
Concrete Slab
Exterior Renovations
Addition-Residential
Building Miscellaneous
Electric Misc
Plumbing - Miscellaneous
Sewage Treat Plant-
Commercial
Commercial Remodel
Shutters
Curbing
Bio Miscellaneous
Dredging
Signs
Chickee Hut
Lawn Sprinkler System
Remodeling - Residential
Commercial Misc
Porch - Enclose
Elevator/Chair Lift/Dumb
Waite
Pilings
Roofing-Commercial
Handicap Ramp
Repl. Of Single Family
Resid.
Mh Replaced With Sfr
Demo-Fema Compliance
Painting
Window Replacement
Fema Insp Compliance
Program
Guest House To Sfr
132
29
69
28
319
26
o
18
3
24
18
96
33
45
264
70
26
15
o
45
348
55
23
132
14
98
61
10
9
39
o
32
28
16
568
80
72
11
22
o
1066
12
Single Family Res-Modular
Demo
Dock/Seawall Repair
Gas Tanks - Above Ground
Land Clearing / Exotics
Only
Pool & Spa Maint. & Repair
Air Conditioning-Walk Thru
Boat Davits
Roofing Walk - Thru
Stucco
Exterior Concrete Repairs
Electric Misc Walk Thru
Plumbing - Sewer Tie-In
Walk-T
Shutters Walk-Thru
Fema Insp Private Inspector
Investigation Permit
Vacation Rental
1128
o
4
10
o
2
o
1
o
13
o
o
o
o
o
24
Planning & Environmental Resources
Current Planning Category
Appeal to Planning Commission in Progress 2
Appeal to DOAH in Progress 1
Code Enforcement Referral (estimated at 1 per week per Current Planner (4)) 16
Conditional Use, Major Permit in progress 5
Conditional Use, Minor Permit in progress 3
Conditional Use, TRE Transfer in progress 1
Conditional Use, TDR in Progress 2
Home Occupational Permits Issued 1
Home Occupational Permits in progress 1
Road Abandonment in Progress 5
Public Assembly Permits in Progress 1
Variance Administrative in progress 2
Variance, Planning Commission, in progress 2
Permits Reviewed & Processed 153
Vacation Rental applied 3
Vacation Rental issued 3
Vacation Rental Mgr. License Applied 3
Vacation Rental Mgr. License Issued 3
ROGO related applications
ROGO Exemptions Applied 3
ROGO Exemptions/Denials Issued 2
Customer Service
In-person inquiries estimated at 5 per day per planner (2) 300
Telephone inquiries estimated at 10 per planner (7) per day 2100
13
Email inquiries estimated at 5 per planner (7) per day 300
Request for Research Applications 3
Letters of Understanding 1
Historic Preservation Committee Application 2
Administrative Meetings
Development Review Committee/Agenda Items 1/1
Planning Commission/Agenda Items 1/4
Comprehensive Planning Category
Meetings
Formal meetings on various planning related topics 7
Meeting with Craig Company 1
Impromptu meetings on various planning related topics 15
Florida Scenic Highway meeting 1
Review ofComp Plan RFP Scope of Work - staff meetings 4
Review ofComp Plan RFP Scope of Work - meetings with consultant 2
DRC Meetings 1
Planning Commission Meetings 2
Florida Administrative Commission meeting conference call 1
DCA conference call to review water supply plan 1
Reviewed & ranked Comprehensive Planner interviews 1
Comprehensive Planner interviews 7
Reviewed staff reports 4
Prepared staff reports & ordinances 1
Responded to E-mails & phone calls 25
Added
Staff to google.docs process 1
Analyzed and Wrote
Opinion on K&S Contract 1
Assisted
Computer help for Staff (includes PowerPoint, Excel, Pentamation, Alchemy) 1
Resident with questions on FLUM/LUD amendments 1
In fixing the plotter 1
Attended
Meetings with Keith and Schnars, Comp Plan Consultants 1
Trained
Sf. Admin on HCP/ITP/LCP processes 1
Updated & Printed
New Rule Tasks 1
Emailed
Emails sent 93
Emails received 98
Formatted
Draft Staff Report outline 1
Ad Creation 6
Telephone Conversations 20
14
Estimated
Estimated at 5 per day per planner (2) - in person inquiries
Estimated at 10 per planner (7) per day - telephone inquiries
Estimated at 5 per planner (7) per day - email inquiries
Environmental Resources Performance Review
Site Visits
Code Enforcement Referral
Land Authority Referral
Letter of Current Site Conditions Applications
Permit Application Site Visit
Pre App Conference
Other:
Site Visits [Miscellaneous]
Written correspondence/ biological assessments
GIS Map (assorted)
Interagency Coordination (DEP, ACOE, FKEC, FL Park Serv., FWC)
Other:
Permit Application Review/Assessment
Meetings & miscellaneous
DRC
Tier Review (DRC) - 6 meetings
Pre Application - Assorted
Other
Phone Calls (estimated 3 persons)
Front Counter Walk-in (estimated 3 persons)
Code Enforcement Accomplishments
Number of New Cases Opened
Number of Inspections completed
Number of Cases Heard before Special Magistrate-
Fines Collected
After the Fact Fees Collected
Number of Contractor Citations Issued
Number of Contractor Citations Heard
Contractor Citations Paid
Flood insurance Inspection Fees Collected
Totals Collected
256
1412
116
$6,797.00
$23,223.00
23
o
$ No report
$ 6,940.00
$56,960.00
EMERGENCY SERVICES
Fire Rescue
. Implemented career firefighter staffing at Station 18 Layton/Long Key in
December.
. Attended IAFF Local 3909 Union negotiations meeting December ih
. Conducted Officers Management Training on December 9th
Training
15
300*
2100*
300*
14
4
1
200
1
31
32
19
251
2
6
1
400
200
. All career firefighter completed Incident Command Course IS 701 online.
. All career and volunteer paramedics and EMTs completed online Continuing
Education Training.
. Conducted Recruit Academy for the new hires. (EVOC, Live Fire Training,
Medical, Protocols and Trauma Star)
. Received approval for the State to conduct a FF II class in February
Fire Marshal
. The Fire Marshal's Office assisted with other county agencies in the closure of
Key Largo Ocean Resorts in Tavernier. This was once an RV park/campground
that became an unapproved fire and life safety problem.
. Completed the final review of Fire Station 17 Conch Key building plans.
. Met with FKAA and County Attorney regarding new fire hydrant installation and
the bid process. Began formulating an RFP for hydrant installation.
. Worked on the new Firehouse incident reporting software for implementation on
January 1,2010.
. Received approval at the December Board of Governors meeting for the FKAA to
install a water main distribution tap upgrade on Conch Key.
Emergency Management
. Obtained FY 2010 funding approval to conduct Recovery Plan exercise
. Attended Turkey Point Nuclear Power Plant Training and Presentation in
preparation for the 2010 Non- Evaluated Exercise
. Hosted/Conducted Regional Emergency Management quarterly meeting at the
Murray Nelson Cultural Center
. Conducted a planning meeting in preparation for the January 2010 Marathon
Airport Exercise
. Formulated and sent out a Local Mitigation Strategy (LMS) questionnaire
requesting a feedback and information regarding LMS projects to countywide
Departments, Municipalities, utilities and other entities involved in the Local
Mitigation Strategy workgroup
Trauma Star
. Orientation of Chief Musser to EMS/Trauma Star operational procedures.
. Finalized countywide Patient Care Protocols
. Developed and/or reconstructed patient care reports for Trauma, Stemi and Stroke
patients Transported by Trauma Star.
. Worked with Monroe County Sheriffs Office, Jackson Memorial Hospital and
Ryder Trauma to identify and secure an alternate Helispot for transferring
"Trauma Criteria" patients when Ryder hospitals' Helipad is out of service.
Upper Keys Health Care District
. Two patients airlifted to Ryder Trauma Center.
. Advisory Board meeting on December 11 tho
. Followed-up on two patients regarding funding.
PUBLIC WORKS
. Pollution Control removed over 34 tons of debris illegally dumped in County
rights of way, and 22.46 tons for other departments (6,820 lbs from the Key West
16
Garage; 3,120 lbs of brush from Marathon Public Works; 2,240 lbs of tires from
the Marathon Garage; invasive exotics for the Land Authority totaling 5,260 lbs
from the Upper Keys and 2,220 lbs from the Lower Keys; and a cleanup at East
Martello Towers totaling 25,260 lbs)
. Household Hazardous Waste picked up 48 free barrels and delivered 20 to Card
Sound and 20 to Facilities Maintenance
. The Recycling Coordinator submitted a grant application to the USDA for
training, education and composting
. Contractor completed installation of new generator exhaust pipe extension at the
Harvey Gov't. Center
. Solid Waste Department disposed of defective waste oil tank at Key West garage
. Cleaned/polished diesel fuel tanks at the Key West and Marathon garages
. In-house techs repaired electronic fuel monitoring equipment at the Marathon
Garage avoiding any additional contractor costs
. Installed safety cushions at top ofKL Park ball field fence
. Had FKAA install separate water meters at the KL Park duplex
. Moved select Dept. of Health offices from the Roth Building to the Nelson GC
. Refinished wood handrails at PK Court Room A
. Trimmed/mulched trees at Children's Memorial Garden at Friendship Park
. Responded to after-hour request from MCSO for assistance with large sink hole in
US 1 right of way
. Seven (7) individual events at the Nelson Gov't. Center required 146 overtime
hours to cover and the electric invoice was $630 higher for the month
PROJECT MANAGEMENT
. ADA Compliance Survey and Assessment - Public review of the Evaluation
Assessments reports placed in the Key West Library, Marathon Library and Key
Largo Library is ongoing.
. ADA Compliance Transition Plan Negotiations -BOCC a~proved commencement of
negotiations with the number one ranked firm on 19t of August 2009. First
negotiation meeting held August 27th, 2009. Second meeting held on October 2ih
2009. Staff compiling and providing to Bender & Associates copies of county policy
and procedures, program services, Evaluation and Survey Assessment documents,
etc. Vendor submitted project proposal to Project Management September 2009.
Bender's initial proposal was for over $300k which exceeds budget for project.
Bender submitted new proposal on September 23rd. Contract submitted to Bender for
signature. Approved by BOCC December 16th, 2009. Notice to Proceed will be issued
in January 2010.
. Warranty Support to Public Works - Staff continues to provide on-going warranty
support to Public Works for the Murray Nelson Government Center, the Freeman
Justice Center, Big Pine Park, Medical Examiner Facility and the Big Pine Key Fire
Station #13.
. Litigation Support to the County Attorney Office - staff continues to provide on-
going litigation research, documents, and support for the Freeman Justice Center,
Tower Group v. Monroe County as well as Monroe County v. Gonzalez Architects
17
o Freeman Justice Center Litigation-legal research and negotIatIOns for a
settlement agreement on-going. Draft agreement prepared by outside counsel
in coordination with County Attorney's office was under review by all parties.
Meeting held with Tower/OHL on October 19th 2009 agreement reached.
Agreement signed by Tower/OHL and approved by the BOCC on December
16th, 2009. Execution in progress.
o Gonzalez Architect's Litigation - staff s findings regarding costs to the county
due to design errors by architect forwarded to attorneys. Meeting held with
Project Management, consultants and County Attorney's on October 15th
2009. Ongoing litigation. Next meeting with Legal to be held on January 22nd,
2010.
. Grant Research, application and administration - ongoing process
. ARRA Stimulus Fund Grant- Staff is actively researching and reviewing available
fund grants.
o FEMA- ARRA Fire Station Construction Grants: Grant submitted on July 10,
2009 is in peer and technical review process. Earliest notification of award of
funds will be late December 2009.
. SFWMD Fund Grants FY2009 -Progress reports and invoice reimbursement request
for $144,520.88 prepared by staff as per Agreement #4600001593-FY2009 for
stormwater work completed on the following county projects: .
Total funds reimbursement received as of Nov. 5th 2009 is $144,510.75.
o Big Pine Fire Station
o Key Deer Boulevard Sodding Project
o Lower Keys Wastewater Treatment Plant
o Key Largo Wastewater Treatment Plant.
o Duck Key Wastewater Treatment Plant
o Plantation Key Fuel Facility Project
. SFWMD Fund Grants FY20 1 0 - Staff creating budgets, scope of work and proj ect
schedules to submit to SFWMD for stormwater drainage improvements grant funding
in FY2010. Following grants were submitted: Conch Key Fire Station
Stock Island Fire Station
Marathon Court House
Duck Key Waste Water
. TDC Fund Grants - Staff prepared and submitted applications for two projects which
have received DAC approval: Request for proposal (RFP) approved by Legal and will
be presented to the BOCC in January 2010.
o East Martello Tower- construction of emergency fire stairs and repair of
interior access stairs.
RFP to be on January, 2010 BOCC agenda along with request to have Bender
and Associates contracted for Construction Administration.
o West Martello Tower - demolition and replacement of existing perimeter
fencing. Will be held until February meeting.
. TDC Grant Compliance Inspections and Pay Applications Review - Inspections and
reviews for TDC projects were done on the following projects:
o Western Union Schooner - TDC project's first segment completed. Segment
two work is complete.
18
o Botanical Gardens - TDC project completed
o Tropic Cinema Renovation TDC project work has started inspections and
reviews on-going Segment 1 and 3 complete. Segment 2 complete. Project
completed.
o Ann's Beach Boardwalk Repairs TDC project application review completed
o Marine Mammal Conservancy TDC project application review complete
o Butterfly Garden TDC project application review complete
o Sombrero Beach Playground Equipment Replacement TDC project
application review complete
o Tennessee Williams Theater Fire Curtain TDC project application review
complete
o Dolphin Research Center TDC project. Storm water segment complete
o Marathon Community Theater TDC project application review complete
o Marathon Amphitheater Sound System Project complete
Two completed in December 2009.
. Freeman Justice Center- All Construction Completed - Close-Out Phase on-going
o Navarro has completed installation of electronic holding cell doors. All doors
were tested and were functioning properly. All security equipment in building
appears to be complete and functioning properly. Braswell Co. has been
notified by County Attorney to correct grouting problem(s) with exterior brick
and stone. Second notice to Braswell from Legal in December 2009.
. Emergency Operations Center - Marathon Airport
. Design Development phase: Final "near bid ready" package documents submitted for
FDEM review on November 30th 2009. FDEM acknowledged that the design meets
the required specifications. FDEM advised that upon further analysis of the hardening
costs they would forward to FEMA with a recommendation to increase the HMGP
grant from $965,397.00 (Phases 1&2) to $1,781,581.00. We continue to seek other
funding sources to cover the full cost.
o EOC Grant Reports and Reimbursements:
· HB7121Grant: Staff is awaiting payment of reimbursement request to
the State's Grant Coordinator in the amount of $91,610.67
· Federal HMGP Grant: Additional information and documents
provided. Staff is awaiting payment of reimbursement request for the
75% match submitted to the HMGP Grant Coordinator in the amount
of $9,035.96
. Big Pine Key Fire Station -Construction Complete- Close Out Phase
Certificate of Occupancy issued August 10, 2009. Fire Fighter helmet sculpture in
progress. Walk through of Fire Station with PFEC, Blue Water irrigation and MCPW
was completed on Thurs. November 5th. Still waiting for 1 % close out documents for
the window installation ARSO Enterprise Inc. Should receive them on or before
November 25th. All warranty issues are being addressed by the contractor (PFEC)
SFWMD Grant Reports and Reimbursements: Staff has submitted progress report
and reimbursement request for stormwater work completed. Waiting response from
SFWMD.
Sunset Point Boat Ramp - Final inspection by FWC completed. Awaiting FWC final
documentation and reimbursement.
19
. RFQ-Continuing Contract for Architects/Engineers - Opening date was August 25,
2009 with 26 responses received. Selection of Committee Members and delivery of
documents completed on August 27, 2009. Public Noticed Meeting was held at the
Marathon Government Center on Friday, September 25, 2009 beginning at 9:00 AM
and all submittals were ranked. A request was presented on October 218t 2009 to the
BOCC for authorization to enter into negotiation with 4 top ranked firms for
continuing contracts. Received signed contracts from top three (3) ranked which will
be presented to the BOCC - approved December 16th, 2009. They are CH2M Hill,
William A. Horn and MBI K2M. Contract with CSA will be submitted to BOCC at
the January 2010 meeting along with request to add Bender and Associates as 5th AlE
consultant.
. Plantation Key Fueling Facility - Contractor is still awaiting final inspection sign off
pending payment by the County of the mitigation fees. Final close out package
received and awaiting review.
. Medical Examiner's Facility Wetlands Mitigation - no change in the regulatory
aspects of permit compliance. Have reviewed the original permit documents and
ascertained there was limited reference to land excavation and the enforcement
interpretation may be overly harsh. Current plan is to proceed with a request for an
extension to the May 2010 completion deadline while asking for a permitting
clarification (and reduction in requirement, if necessary)
. Conch Key Fire Station- Building Dept. permit reviews continue. FDOT landscape
permit application submitted.
o Grant Submittal: Grant requesting a 50 % Federal match in the amount of
$1,351,529 for the construction of the Conch Key Fire Station is in federal
reVIew process.
. Marathon Courthouse Renovations - No change.
. Stock Island Fire Station - Presentation of three (3) possible sites expected to be on
the agenda for January.
o Grant Submittal: Grant requesting a 50 % Federal match in the amount of
$2,122,069 for the construction of the Stock Island Fire Station is under
federal review process.
. Surface Water Management Reviews - Two (2) storm water plan reviews were
completed.
. Higgs Beach Restroom Renovation - Architect to be selected January 2010. Funds
are available for design of Master Plan.
. Higgs Beach Visitor Center - Higgs Beach Committee Public Works Director and
Project Management Department Director held meeting with FORB BOD on October
15th to plan strategy. Second meeting being held Monday November 23rd, 2009.
. Nelson Gov't Center - Ongoing support for post occupancy warranty work continues.
. Projects On Hold
o Public Works Rockland - on hold.
o Jefferson B. Browne Building - on hold.
o Old Tavernier School Town Meeting Hall - on hold.
20
TECHNICAL SERVICES
We completed 224 work orders for the month of December (busy month), installed
second new domain controller, successfully integrated new domain controllers into active
directory, tested backups of new domain controllers, removed NTWeb 1 as a DNS
forwarder, upgraded Alchemy software, loaded additional scanned data into Alchemy,
installed new toll collection computers at Cardsound, pushed out new Microsoft security
updates, held our fantastic annual Christmas Luncheon.
VETERANS AFFAIRS
Clients Assisted: 1544
New Clients Assisted: 50
Field Visits 9
Benefits Delivery At Discharge 6
Van Clients Transported: 141
(to the V AMC, Miami as well as other Miami area hospitals, without incident)
The Veterans Affairs Department:
The financial data for the month of December, $237,867.00 indicates the amount of new
revenue brought into Monroe County derived from claims for the entire department,
including Key Largo and Marathon.
The financial data captured monthly will vary due to the Veterans Administration
variable time frame on adjudication of awards, as well as the amount awarded.
21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20,2010
Division: County Administrator
Bulk Item: Yes
NO---1L-
Department: County Administrator
Staff Contact PersonlPhone #: Connie Cyr /292-4443
AGENDA ITEM WORDING:
Discussion & clarification on the Boards & Committees appointments as on the Value Adjustment
Board, an alternate was not selected.
ITEM BACKGROUND:
At the November 18, 2009 BOCC meeting, the Boards & Committees were discussed and voted on.
Commissioner DiGennaro and Mayor Murphy both expressed interest for the V AB, but we still need a
third for an alternate.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Selection of a Commissioner to sit on the Value Adjustment Board as an alternate.
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Chapter 194
ADMINISTRATIVE AND JUDICIAL REVIEW
OF PROPERTY TAXES
194.015 Value adjustment board.--There is hereby created a value adjustment board for
each county, which shall consist of two members of the governing body of the county as
elected from the membership of the board of said governing body, one of whom shall be
elected chairperson, and one member of the school board as elected from the membership of
the school board, and two citizen members, one of whom shall be appointed by the
governing body of the county and must own homestead property within the county and one
of whom must be appointed by the school board and must own a business occupying
commercial space located within the school district. A citizen member may not be a member
or an employee of any taxing authority, and may not be a person who represents property
owners in any administrative or judicial review of property taxes. The members of the board
may be temporarily replaced by other members of the respective boards on appointment by
their respective chairpersons. Any three members shall constitute a quorum. of the board,
except that each quorum must include at least one member of said governing board, at least
one member of the school board, and at least one citizen member and no meeting of the
board shall take place unless a quorum. is present. Members of the board may receive such
per diem compensation as is allowed by law for state employees if both bodies elect to allow
such compensation. The clerk of the governing body of the county shall be the clerk of the
value adjustment board. The board shall appoint private counsel who has practiced law for
over 5 years and who shall receive such compensation as may be established by the board.
The private counsel may not represent the property appraiser, the tax collector, any taxing
authority, or any property owner in any administrative or judicial review of property taxes.
No meeting of the board shall take place unless counsel to the board is present. Two-fifths of
the expenses of the board shall be borne by the district school board and three-fifths by the
district county commission.
llistory.--s. 2, ch. 69-140; s. 1, ch. 69-300; s. 26, ch. 70-243; s. 22, ch. 73-172; s. 5, ch. 74-
234; s. 1, ch. 75-77; s. 6, ch. 76-133; s. 2, ch. 76-234; s. 1, ch. 77-69; s. 145, ch. 91-112; s.
978, ch. 95-147; s. 4, ch. 2008-197.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20,2010
Division: County Administrator
Bulk Item: Yes
No ---X-
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Discussion of 1951 Resolution and June 2007 legislation allowing
Keys Energy Services to utilize County rights of way and bridges to provide electrical service to No
Name Key, and reaffirmation of resolution, provided that any obstruction, whether permanent or
temporary, to said bridges and rights of way, or any physical changes there are coordinated with the
Engineering Department in compliance with County ordinances regarding its roads and bridges and that
Keys Energy will maintain lines and whatever structural supports they install to support lines.
ITEM BACKGROUND: Residents of No Name Key have requested that Keys Energy Services
provide electrical power to the island.
PREVIOUS RELEVANT BOCC ACTION: Discussion of item at June 2009 BOCC meeting with
request for additional information. At the July 15, 2009 meeting an update was provided that the
previous litigation did not address either the 1951 resolution or the enabling legislation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: approval
TOTAL COST:
$0
INDIRECT COST: .$..Q
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: none
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
USOLUTICB OI.UTIlIG TIm eln OF ~"I W./S)1'.
FLORIDA PmlttSSICfi TO USE 1'HI RIOB'f..or..wn
OF CIR'l'.l.IJf FUBLtC. STRmS,ROJDS, BRIOOES.
AND/OR HIG1IllIS IN MOOROE COUNT!, FLORIDA.
.,
I
I
~.c;~ the Ci't7 ot Kq Wen, Florida, de.~. to' ran electrical line
from the City of' !.f51' Weat,llorlda to P:laeoll 187. J'1orida tor the Purpose of fur-
niehing e1ectr :ity to the ree1denta ot the 1l.orida,ley8 re81di~ in eaid area,
and,
WHERE..J, the Oi ty of Key We!'t, Florida has requested the Board of County
Commissioners of Monro,e County, F:Lorida to grantea.eements on. and over the ,public' _
streets, roads, bridges and/or h1ghwa;rB under :said Board's jurisdiction and control,
and,
WHl::RE.i , the . said City ot 181 West, Florida has agreed not to .charge a~y
higher rates to :-esidents of the above areas than it oOargea within the boundaries
of the City of tuy West, Florida, and that in furnishing eervice to residents not
residing on a p\ lie street, road and/or highway.not to charge a.r:ry hi~her rate for
the extension oJ the pole linesthan that which is charged by the Fl~rida Keys Elect-
Florida, and
rical Cooperative Association, which is' now operating in another area in Monroe County,
WHEREJ , the City of Key West,. Florida has agreed to fumi:sh service
under the r.ondi t J ons set forth in the above paragraphs to any and all subscribers
who may apply fo,' same, now, therefore,
BE IT iLESOLVED BY THE BOARD OF COWTY COMMISsiONERS OF MONROE COUNT!,
FLORIDA, that pe:ni saion be and the same is hereby granted to the City of Key West,
Flori da to construct and maintain an electrical s;rstent on am over aI'l1" of the public
streets, roads, ; .ldges and/or highways under said Board's jurladiction and control
. .
wi t.hin the Flori" Key~, Monroe County, Florida, from ,the City of Key- West, Florida
up to and indud: .g Pigeon. Key, FlOrida, provided that. the City or ley West, Flor.ida
charges the agretd rates and costs to consuners for extension a8 set forth in the
. I
introductory par,cgraphs o~ this Resolution.
Dated' 'is 4th day or September, A.D. 1951.
_...-.~~-
I ...... -: ,,'... ..... "':-;~. ..
)-:.._....~:..:t:_~ ....!..;;:..,..~ ,..~. Jo :....-~< ':.., .-.1.,. .."~ ,.,";";:'="
, .".
'. ...-- 1"..
1 CHAPTER 69-1191
2
3 House Bill No. 2946
4
5 AN ACT concerning local government in the City of Key West, Florida; creating the
6 Utility Board ofthe City of Key West, Florida; granting said board the full, complete and
7 exclusive power and right to manage, operate, maintain, control, extend, extend beyond
8 the limits of the City of Key West, Florida, in Monroe County, Florida, improve, finance
9 and re-finance the electric public utility now owned by said city, and to build, construct
10 and acquire by purchase, gift or otherwise, from time to time, other public utilities, and
11 providing for said board to have all of the powers in connection with such other public
12 utilities as those granted by any special or local bill to said board with respect to the
13 electric public utility now owned by said city; providing for any legally appointed and
14 authorized board under the provisions of Chapter 65-1770, Laws of Florida, Acts of the
15 Legislature Year 1965, to be the governing body of the Board created under this act, until
16 the election of the first board under the provisions of this act; providing for the election of
17 the first members of said Board created under this act; fixing their terms of office;
18 providing for the election and terms of office of subsequent members of said Board;
19 providing the qualifications and compensation for members of said Board; providing for
20 the organization of said Board; providing for removal of members; prescribing the
21 jurisdiction, powers, functions, authority, duties and privileges of said board; granting
22 said Board the exclusive right to issue and sell from time to time revenue bonds against
23 the income of said public utility or against the income of anyone (1) or more of them, at
24 prices determined by said Board, and the exclusive right to incur indebtedness against
25 said public utilities or their income; providing for prior approval by the City Commission
26 of the City of Key West, Florida before said Utility Board may validate and issue any
27 bonds as authorized hereunder; authorizing and empowering said board to establish,
28 adopt, provide, operate, maintain and assist in the support of a pension system or plan for
29 the relief of social security of disabled or retired officers and employees of said Board,
30 and to delegate authority for the handling of said plan or system; empowering said Board
31 to make contracts of insurance for its officers and employees for life, health or accident
32 insurance, and to contract for annuities or pensions and appropriate money for the
33 aforesaid purposes; ratifying all actions heretofore taken in connection with the pension
34 system or plan by the predecessor board; authorizing and empowering said Board to
35 create, establish, provide for, adopt, maintain, operate and regulate a civil service system
36 and plan for the security of the employees of said Board and to adopt rules and
37 regulations for the government and operation of said civil service system and plan, and to
38 appropriate necessary funds for said purpose; providing for the disposal of surplus and
39 obsolete property of said board; providing for a legislative audit of the accounts of said
40 board; providing for disclosure of personal interest of any Board member or employee of
41 said board in firms contracting with said Board, and providing a penalty for failure to
42 disclose same; providing a method of payment for official travel expenses of Board
43 members, agents and employees; providing procedures required in the purchase of lands
44 by said board; declaring all records of said board to be public records; providing that said
45 board created under the provisions of this act shall be the successor to the Utility Board
46 of the City of Key West, Florida, created and existing by and under said Chapter 65-
47 1770, Laws of Florida, Acts of the Legislature Year 1965, and acts amendatory thereto,
48 and as such successor shall succeed to all the rights, powers, privileges, duties and
49 obligations of its predecessor board; and shall succeed to the title and ownership of all
50 credits, money, assets, choices in action, properties, both real, personal and mixed, of
51 which said predecessor board was possessed or had title to or used in the operation of or
52 in connection with said electric public utility; declaring the title to all such property, real,
53 personal and mixed, to be vested in said Board created under the provisions of this act;
54 declaring the legislative intent that this act shall not be deemed repealed or amended by
55 the passage of any act, whether general, special or local, at this regular session of the
56 Legislature or any future session thereof, unless the act seeking to effect, repeal or amend
57 this act makes specific reference to this act; declaring that the provisions of this act are
58 severable, and if any be held unconstitutional by a competent court, the remainder of this
59 act shall not be affect by such holding; repealing all laws and parts of laws, whether
60 general, special or local, in conflict with this act, to the extent of such conflict; providing
61 that this act shall be liberally construed; and providing when this act shall take effect.
62
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. RIGHTS OF THE UTILITY BOARD: There is hereby created the Utility
67 Board of the City of Key West, Florida, to be composed of five (5) members as
68 particularly hereinafter set forth. Such Utility Board created by this act shall be and is
69 hereby made the successor to the Utility board of the City of Key West, Florida,
70 heretofore created and existing by and under the provisions of chapter 65-1770, Laws of
71 Florida, Acts of the Legislature Year 1965, and acts amendatory thereto. The full,
72 complete and exclusive power and right to manage, operate, maintain, control, extend,
73 and extend beyond the limits of the City of Key West, Florida, in improve, finance and
74 re-finance the electric public utility now owned by the City of Key West, Florida, and the
75 nonexclusive right to build, construct, operate and acquire other public utilities, by
76 purchase, gift, grant, lease, rental or otherwise, from time to time, from the United States
77 Government, its departments, agencies, bureaus and commissions, and from the State of
78 Florida and any of its political subdivisions, and corporations which are publicly or
79 privately owned or operated, and by the right of eminent domain, shall be carried on by
80 such Utility Board composed of five (5) members, all of whom shall be elected by the
81 qualified electors of the City of Key West, Florida, at large, as hereinafter set forth.
82 Furthermore, said Utility Board shall have the power and right to sell at retail or
83 wholesale certain tangible personal property related to its utility services, including, but
84 not limited to, generators, protection and conservation equipment, and appliances. The
85 term "public utility", as used herein, shall include, but not be limited to, cable and
86 telecommunication facilities. Nothing herein shall grant the right of eminent domain as to
87 cable or telecommunication facilities. The name of the Utility Board shall be "Utility
88 Board of the City of Key West, Florida," and said board shall function and operate as
89 hereinafter provided. Said Utility Board shall have the right to sue and be sued, may
90 adopt and use a seal and change it at pleasure, and may use in the conduct of its business
91 the trade name of "Keys Energy Services," the use of which heretofore by its predecessor
92 board is approved, confirmed and validated; further, said Utility Board may change such
93 trade name and from time to time adopt such trade names as it deems expedient and
94 proper in the conduct of its business, operations and activities.
95
96 Section 2. ELECTION OF UTILITY BOARD MEMBERS: The first election for the
97 nomination or election of candidates for members of the Utility Board of said city shall
98 be held no earlier than forty-five (45) days and no later than sixty (60) days from the date
99 this act shall become law and on the first Tuesday in November biannually thereafter,
100 commencing with the election of 1971 and shall be held concurrent with the election for
101 the office of City Commission of the City of Key West, Florida. Such elections shall be
102 non-partisan elections and every person voting in said election shall be entitled to vote for
103 as many candidates for the utility board as there are members to be elected to said Board.
104 The name of any qualified elector of the City of Key West who meets the qualifications
105 for member of said Utility Board, as set forth in this act, may appear upon the election
106 ballot as a candidate for the office of member of the Utility Board, upon said elector
107 paying to the City of Key West, Florida, the sum of one hundred dollars ($100.00) and
108 said sum shall be deposited with the City Clerk of said city at his office not later than
109 5 :00 p.m. on the date set for the closing of qualification by the election officials, for the
110 first election under the provisions of this act, and thereafter the second Tuesday in
III October of the year in which subsequent elections under this act are to be held. A
112 qualifying fee for such candidate for such office, and said elector shall submit to the said
113 city clerk concurrently therewith the sworn statement of his or her name, address,
114 occupation, willingness to serve if elected and shall indicate on such sworn statement his
115 or her desire for his or her name to appear on the ballot as a candidate for such office.
116 Provided, however, that any person who holds an elective office in the government of the
117 City of Key West, Florida, County of Monroe, the State of Florida, or any political
118 agency, board or commission is compensated by wages, salaries or otherwise shall not be
119 eligible to serve concurrently as a member of the board created by this act. Only the name
120 or names of candidates complying with this section shall appear on the ballot as a
121 candidate for nomination or election. No candidate having qualified and thereafter
122 withdrawing or becoming disqualified under the provisions of this act shall be entitled to
123 a refund of the aforesaid qualifying fee paid.
124
125 Section 3. MEMBERSHIP OF UTILITY BOARD: The Utility Board shall consist of five
126 (5) members who shall be elected from the city at large in groups numbered I, II, III, IV,
127 and V. All persons desiring to qualify for members shall file in groups numbered I, II, III,
128 IV or V. The member in group number I shall be elected in the regular municipal general
129 election commencing in 2007 and at each general election every four (4) years thereafter.
130 Members in groups numbered II and III shall be elected in the special general election in
131 1969 as provided for herein at each regular municipal general election each four (4) years
132 thereafter, commencing in 1973 and at each general election each (4) years thereafter.
133 Members in groups numbered IV and V shall be elected at the special general election
134 provided for herein in 1969 and at the regular municipal general election to be held in
135 1971 for a term of four (4) years and at each general election thereafter for a term of four
136 (4) years. All members shall hold office until their successors are elected and qualified
137 from 12:00 noon of the day after the canvas of the vote and the declaration of the results
138 of the election. All members shall be subject to removal for good and sufficient cause by
139 a four-fifths (4/5) vote of the city commission. If a candidate for member receives a
140 majority of votes in the primary election in the candidate's group, the candidate shall be
141 considered elected upon and after the canvas of the vote and the declaration of the result
142 of the election as hereinafter provided. Ifthere is no majority, two (2) candidates for
143 nomination to the office of member who receives the greatest vote in the primary election
144 each group shall be placed on the ballot at the next regular or special municipal general
145 election following the primary as provided in the city charter of the City of Key West,
146 Florida. The candidate for nomination receiving the greater vote in the regular or special
147 municipal general election following the primary election if otherwise qualified shall be
148 elected to office from the group in which candidate is qualified. One (1) of said member
149 shall serve as Chairperson of the Utility Board. The Chairperson shall be selected from
150 the five (5) members by the five (5) members during an organizational meeting in
151 December immediately following an election and serve as such until the next
152 organizational meeting following an election. A member may serve as Chairperson for
153 consecutive terms.
154
155 Section 4. ELECTION AUTHORITIES: For the purposes of this act, the election
156 authorities shall be the same authorities conducting elections under the Charter of the
157 City of Key West, Florida, and any amendment thereto. The Utility Board of the City of
158 Key West is hereby directed to pay as an administrative expense to said authorities the
159 actual expense incurred in conducting the first election to be held under the provisions of
160 this act.
161
162 Except as otherwise provided in this act, the provisions of the general election laws of
163 the State of Florida shall apply to elections held under this act. All elections provided for
164 by this act shall be conducted by said election authorities.
165
166 Section 5. ELECTION PROCESS: The full names of all candidates nominated for
167 membership in the Utility Board, except those who have withdrawn, died, or become
168 ineligible, shall be printed on the official ballots of the City of Key West, Florida, without
169 party designation or symbol. Iftwo (2) or more candidates have the same surname, or
170 surnames so similar as to be likely to cause confusion, each candidate may submit an
171 identifying name by which he or she is commonly known. Ifno such selection shall be
172 made by the candidate, their residence addresses shall be printed with their names on the
173 ballot.
174
175 A regularly nominated candidate shall be entitled, upon written application to the election
176 authorities at least five (5) days before the election, to appoint two (2) persons to
177 represent him as watchers and challengers at each polling place where voters may cast
178 their ballots for him. A person so appointed shall have all the rights and privileges
179 prescribed for watchers and challengers by or under the general election laws of the State
180 of Florida. The watchers and challengers may exercise their rights throughout the voting
181 and until the ballots have been counted.
182
183 Section 6. UTILITY BOARD VACANCY: (1) The office of members ofthe Utility
184 Board shall become vacant upon his or her death, resignation, removal from office in any
185 manner authorized by law, or forfeiture of his office, or as otherwise provided herein.
186
187 (2) A member of the Utility Board shall forfeit his or her office ifhe (1) lacks at any time
188 during his or her term of office any qualification for the office prescribed by law; (2)
189 violates any express prohibition of this law; (3) is convicted of a crime involving moral
190 turpitude; or (4) fails to attend three (3) consecutive regular meeting ofthe Utility Board
191 without being excused by the Board.
192
193 (3) A vacancy in the board shall be filled for the remainder ofthe unexpired term, if any,
194 at the next regular election, but a quorum of the remaining members of said Board shall
195 by majority vote appoint a qualified person to fill the vacancy until the person elected to
196 serve the remainder of the unexpired term takes office. If the board fails to do so within
197 sixty (60) days following the occurrence of the vacancy, the City Commission of the City
198 of Key West, Florida shall appoint a member to fill the said vacancy for the unexpired
199 term. Notwithstanding the requirement that a quorum of the Board consists of three (3)
200 members, if at any time the membership of the Board is reduced to less than three (3), the
201 City Commission of said city shall fill the vacancies for the unexpired term.
202
203 (4) The City Commission of the City of Key West, Florida shall be the judge of the
204 election and qualification ofthe members of the Utility Board and of the grounds for
205 forfeiture of their office and for that purpose shall have power to subpoena witnesses,
206 take testimony and require the production of records. A member charged with conduct
207 constituting grounds for forfeiture of his office shall be entitled to a public hearing on
208 demand; and notice of such hearing shall be published in one (I) or more newspapers of
209 general circulation in said city at least one (1) week in advance of the hearing. Removal
210 from said office should be by a four-fifths (4/5) vote of the City Commission. Decisions
211 made by the City Commission of the City of Key West, Florida under this section shall
212 be subject to review by the courts.
213
214 Section 7. RECALL OF UTILITY BOARD MEMBER: Any member ofthe Utility
215 Board of the City of Key West, Florida may be subject to recall by the electors of the
216 City of Key West, Florida by the same laws, methods rules, and regulations prescribed by
217 State law of City Charter for the removal of a member of the City Commission of the
218 City of Key West, Florida. Any vacancies which occur as a result of said recall process
219 shall be filled in the manner heretofore prescribed for filling vacancies on said Utility
220 Board.
221
222 Section 8. COMPENSATION: The Chairman of the Utility Board shall receive a
223 monthly salary as compensation for his services in an amount set by majority vote of the
224 board, pursuant to resolution. The other members of the board shall receive a monthly
225 salary as compensation for their serviees in an amount set by majority vote of the board,
226 pursuant to resolution. All compensations set forth herein shall be payable as an
227 operating expense of the electric public utility.
228
229 Section 9. UTILITY BOARD PROCESS: A majority of the members of the Utility
230 Board at any meeting shall constitute a quorum, and the Utility Board may adopt rules
231 and by-laws for time, place and conduct of its meetings. Provided, however, that in the
232 event of a catastrophe or disaster whereby one (1) or more members of the Utility Board
233 is physically incapacitated from any cause and temporarily unable to serve, then the
234 remaining member or members are hereby vested with the power and right to conduct all
235 ofthe business ofthe Utility Board until such time as such member or members
236 temporarily incapacitated are able to resume their duties. Provided further, that in the
237 event of the death of one (1) or more members of the Utility Board from any cause, the
238 remaining member or members are hereby vested with the power and right to conduct all
239 of the business of the utility Board until such time as appointments to fill the vacancies
240 created by death can be made in due course, pursuant to the terms and conditions of this
241 act.
242
243 Section 10. UTILITY BOARD MEETINGS: The Chairman shall preside at all meeting
244 when present, and shall call special meetings on his own motion or when requested to do
245 so by any two (2) members of the board. A record shall be kept of the proceeding, which
246 shall be available for inspection as other municipal records.
247
248 Section 11. (1) POWERS OF THE BOARD-- The Utility Board of the City of Key
249 West, Florida shall have the full, complete and exclusive power and right to manage,
250 operate, maintain, control, extend, extend beyond the limits of the City of Key West,
251 Florida, in Monroe County, Florida, the electric public utility owned by said city,
252 including the maintenance, operation, extension and improvement thereof, and including
253 all lines, poles, wires, pipes, mains and all additions to and extensions of the same, and
254 all buildings, stations, sub-stations, machinery, appliances, land and property, real,
255 personal and mixed, used or intended for use in or in connection with said electric public
256 utility, and the Utility Board shall have all of the powers in connection with such other
257 public utilities hereafter constructed or acquired by said Board that are granted by this act
258 to said Board with respect to the electric public utility now owned by said city. The
259 Board shall have the power and right to extend its utilities services beyond the limits of
260 Monroe County, Florida. As it relates to the extension of services of the electric public
261 utility, the power to extend services beyond the limits of Monroe County, Florida, shall
262 become effective only if the Legislature enacts legislation permitting any person other
263 than the Utility Board to sell electric energy to customers of the Utility Board. The said
264 Utility Board shall have exclusive power and authority to determine what improvements
265 shall be made to all such public utilities.
266 (2) BUDGETS-- The said Utility Board shall adopt annual budgets and amend
267 the same from time to time, but in so doing shall conform to the requirements, if any, of
268 any existing ordinance or resolution authorizing the issuance of revenue bonds now
269 outstanding or hereafter issued against the income of the said Utility Board.
270 (3) REVENUE BOND AND OTHER FINANCING MA TTERS-- Revenue
271 bonds may be issued by said Utility Board for the purpose of refunding outstanding
272 revenue bonds as well as for any other purposes which the Utility Board of said city
273 deems proper in the management, operation, maintenance, control, improvement,
274 extension, betterment, financing and refinancing of the electric public utility owned by
275 The City of Key West, Florida as well as for purposes of acquisition, purchase, building
276 and construction and operation of additional public utilities which are deemed proper by
277 said Utility Board, and revenue bonds may also be issued by said Board against the
278 income of any additional public utilities so acquired, and the granting of such authority
279 to the Utility Board of the City of Key West, Florida, to issue revenue bonds against
280 income of the electric public utility owned by said city, or against the income of any
281 additional public utilities hereafter acquired by said Utility Board, is exclusive to said
282 Board, and the governing body of said city shall not have the right to issue any such
283 bonds or otherwise incur any indebtedness or obligations whereby the income of said
284 public utilities owned by the Utility Board of the City of Key West, or the income of any
285 additional public utilities, hereafter acquired by said Utility Board, becomes charged for
286 the payment thereof. The maturity dates and rate of interest of any bonds issued
287 hereunder shall be determined and fixed by the Utility Board of the City of Key West,
288 Florida and said Board shall have the exclusive right to sell said bonds at prices to be
289 determined by said Board. The Utility Board ofthe City of Key West, Florida is
290 authorized and empowered to adopt such resolutions as may be necessary or advisable in
291 connection with the authorization, execution, sale, and delivery ofthe revenue bonds
292 authorized hereunder. The Utility Board shall further have the power to issue commercial
293 paper notes and variable rate bonds to enter into interest rate swap transactions as
294 determined from time to time to be in the best interests of the ratepayers of the electric
295 public utility of the City. Bonds and refunding bonds issued pursuant to this act may be
296 sold at competitive or negotiated sale, provided any negotiated sale shall comply with
297 section 218.385, Florida Statues.
298 (4) CONTRACTUAL RIGHTS-- Said Utility Board shall have the exclusive
299 right and power to buy, purchase, contract for exchange, lease and convey by deed or
300 such other lawful means as permitted by the laws of Florida, whether special, local or
301 general, without the consent or approval of the City Commission or other governing body
302 of the City of Key West, Florida, or its municipal successor, from time to time, any of the
303 property, real, personal or mixed, specified or referred to herein before in this act, for
304 such price or prices and on such terms, provisions and under such conditions as herein set
305 forth at the time or times it determines that such property, real, personal or mixed, is
306 excess to the needs of the electric public utility, or such other public utilities the Utility
307 Board acquires. Said Board shall have the full and complete power and exclusive
308 authority to accept gifts, contributions, contributions in aid of construction, properties,
309 whether real, personal or mixed, from the United States Government or any of its
310 departments, bureaus, commissions or agencies, and the said full and complete power and
311 exclusive authority herein before provided shall also apply to the acceptance of gifts,
312 contributions, contributions in aid from the State of Florida, or any of its political
313 subdivisions, departments bureaus, commissions, or agencies, corporations, publicly or
314 privately owned or operated, private persons and individuals. The Utility Board created
315 by this act shall have the full and complete power and exclusive authority to contract with
316 the United States Government, or any of its departments, bureaus, commissions or
317 agencies, other public utilities, the State of Florida, or any of its political subdivisions,
318 departments, bureaus commissions or agencies, corporations, either publicly or privately
319 owned and operated, private persons or individuals, for the acquisition, purchase and
320 operation of other public utilities and said Utility Board may determine in its judgment,
321 and to purchase, contract for the sale, lease or exchange of any products and services,
322 material, and commodities, by-products and water, steam or heat from all or any of its
323 activities or operations. The said Utility Board shall have full and complete power and
324 exclusive authority to fix rates and charges for electricity and charges or prices for any
325 other real and personal property, products and services, materials and commodities, by-
326 products of and from all or any of its activities or operations, furnished or sold by said
327 Utility Board, and to provide for the collection of the same.
328 (5) SENIOR CITIZEN AND DISABLED VETERAN DISCOUNT-- The
329 Utility Board shall grant a special lower rate and charge for electricity on the residential
330 account of any personal who meets low income standards adopted by the Utility Board,
331 who is a permanent resident of the geographical service area covered by the Utility Board
332 in furnishing electricity in Monroe County, Florida and who is sixty-two (62) years of
333 age or older or a totally and permanently disabled American veteran. As used in this
334 section "residential account" means an account for a person residing in a house, mobile
335 home, condominium, apartment, or other housing unit. Submission of an affidavit that the
336 applicant claiming the special lower rate and charge under this section is a permanent
337 resident of the geographical service area heretofore mentioned and who is sixty-two (62)
338 years of age or older or a totally and permanently disabled American veteran, shall be
339 prima facie proof of such residence, disability, and age. The affidavit shall include the
340 annual income of the applicant.
341 ( 6) ACCOUNTING MA TTERS-- All bills for electricity and electric service and
342 for the furnishing and sale ofthe products and services, materials and commodities, by-
343 products and water, steam or heat and by-products of and from all or any activities or
344 operations shall be collected and accounted for by said Utility Board, and all
345 disbursements in connection with the foregoing, shall be ordered paid out only upon
346 approval of said Board; or pursuant to policies adopted by said Board or pursuant to
347 policies established by resolution adopted by the Utility Board.
348 (7) EMINENT DOMAIN-- Said Board acting by, for, and in the name of the City
349 of Key West, Florida, a municipal corporation, and any municipal successor thereto,
350 existing under the laws of Florida, shall have the vested right which are herein conferred
351 of eminent domain, for the purpose of acquiring lands and rights-of-way necessary and
352 expedient for the location, establishment, construction, maintenance and operation of the
353 works and projects authorized in this act, and for the acquisition and construction of any
354 and all kinds and classes of real, personal or mixed property, tangible or intangible,
355 whatsoever, which shall be deemed necessary, convenient or appropriate to accomplish
356 the purposes and objects authorized by this act, provided, however said Utility Board
357 shall at all times be governed by and conform to the provisions of any proceeding
358 authorizing and providing for the issuance of bonds, or other obligations of said city,
359 which by their terms are secured by or payable from the revenues of the electric public
360 utility, or the revenues of any of the additional public utilities acquired by said Utility
361 Board.
362 (8) ADVERISING-- The Utility Board is hereby authorized to purchase
363 advertising including, but not limited to, advertising from recognized, established
364 advertising media, such as newspapers, radio and television, as a proper expenditure of.365 the system The Utility Board may make expenditures that are reasonable and necessary
366 for advertising the Board's utility systems including advertising events and programs
367 which are sponsored by the Utility Board or in which the Utility Board participates.
368 Furthermore, nothing in this paragraph shall be construed to prevent the Utility Board
369 from sponsoring charitable events or events which would benefit the Utility Board or its
370 utility system or systems.
371
372 Section 12. MANAGERS CONTRACT: The Utility Board shall have the power from
373 time to time to enter into a contract employing a manager to manage and administer to
374 the electric public utility now owned by the City of Key West, Florida, and to manage
375 and administer to any additional public utilities acquired by said Utility Board. The
376 contract employing said manager shall set forth the tenure of office, not to exceed four
377 (4) years, the compensation, terms of employment, and the procedure for termination of
378 said contract. The Utility Board, through such manager, shall direct, employ, fix the
379 compensation of and discharge all employees of the electric public utility and all
380 employees of all public utilities owned or operated by said Utility Board; provided
381 however, that terms, compensation and termination ofthe contract shall be governed by
382 and conform to the provisions of any proceedings authorizing and providing for the
383 issuance of bonds, or other obligations of said city, which by their terms are secured by or
384 payable from the revenue of the electric public utility or other public utilities owned or
385 operated by said Utility Board.
386
387 Section 13 (1) CONSTRUCTION PROJECTS-- All construction, reconstruction,
388 repairs or work of any nature made by the Utility Board, where the entire costs, value, or
389 amount of such construction, reconstruction, repairs or work, including the labor and
390 materials, shall exceed the amount as established by resolution adopted by the Utility
391 Board, except construction, reconstruction, repairs, or work done by employees of the
392 Utility Board or by labor supplied under agreement with the federal government or state
393 government, with supplies and materials purchased hereinafter provided, shall be done
394 only under contract or contracts to be entered into by the Utility Board with the lowest
395 cost or best responsible bidder upon proper terms, after due public notice has been given
396 asking for competitive bids as hereinafter provided.
397 (2) POWER OF AUTHORITY-- Nothing in this section shall be construed to
398 limit the power of authority to construct, repair or improve the utility system, or any part
399 thereof, or any addition, betterment or extension thereto, directly by the officers, agents
400 an employees of the Utility Board, or otherwise than by contract.
401 (3) ALL OTHER PURCHASES, EXCLUDING CONSTRUCTION PROJETS--
402 All supplies, equipment, machinery and materials costing more than the amount as
403 established by resolution adopted by the Utility Board shall be purchased only after
404 advertisement as provided hereinafter. The Utility Board shall accept the lowest cost or
405 best bid or bids, kind, quality and material being equal, but said Board shall have the
406 right to reject any or all bid or select a single item from any bid. The provision as to
407 bidding shall not apply to the purchase of patented and manufactured products offered for
408 sale in a noncompetitive market or solely by a manufacturer's authorized dealer.
409 (4) ADVERTISING-- The term "advertisement" or "due public notice" wherever
410 used in this section shall mean a notice published at least once a week for two (2)
411 consecutive weeks before the opening of any sealed bid, in a daily newspaper published
412 and having a general circulation in the City of Key West, Florida, and in such other
413 newspapers or publications as the Utility Board shall deem advisable.
414 (5) CONFLICT OF INTREST-- No member ofthe Utility Board or officer or
415 employee thereof shall either directly or indirectly be a party to, or be in any manner
416 interested in, any contract or agreement with the Utility Board for any matter, cause or
417 thing whatsoever in which such member shall have a financial interest or by reason
418 whereof any liability or indebtedness shall in any way be created against such board. If
419 any contract or agreement shall be made in violation of the provisions of this section, the
420 same shall be null and void, and no action shall be maintained thereon against the Utility
421 Board.
422 (6) OTHER PROVISIONS-- Subject to the aforesaid provisions, the Utility
423 Board may (but without intending by this provision to limit any powers of said board)
424 enter into and earry out such contract, or establish or comply with such rules and
425 regulations concerning labor and materials and other related matters in connection with
426 any construction project, or portion thereof, as the Utility Board may deem desirable;
427 provided that the provisions of this section shall not apply to any contract or agreement
428 between the Utility Board and any engineers, architects, attorneys, or for other
429 professional services, or to any contract or agreement relating to fiscal advisors, fiscal
430 agents, or investment bankers, relating to the financing of project herein authorized.
431 (7) EMERGENCY PURCHASES-- Notwithstanding the aforesaid provisions,
432 the Utility board may, in its reasonable discretion, authorize and permit such expenditures
433 of funds as necessary for making emergency purchases or may delegate such authority to
434 such employees and offers of the utility system or systems.
435 (8) FUEL AND POWER PURCHASES-- Nothing in this section shall apply to
436 the purchase of fuel products or produced power on a single-lot basis when such fuel or
437 power is offered for sale to the Utility Board at a below advertised price basis.
438 (9) LOCAL, STATE, AND FEDERAL CONTRACTS-- All purchases of
439 commodities or contractual services under the provisions of local, state, and federal
440 purchasing contracts shall be exempt from the competitive procurement requirements,
441 provided that the following criteria are all satisfied:
442 a) The terms and conditions of the original contract or approved renewal or
443 extension by the federal, state or local government or electric cooperative are
444 satisfactory to the Utility Board.
445 b) The original contract or approved renewal or extension by the federal, state, or
446 local government or electric cooperative are executed within twenty-four (24)
447 months prior to the proposed purchase of commodities or services by the
448 Utility Board.
449 c) The purchasing agent has performed an informal solicitation to determine if
450 the prices of the original contract are fair and reasonable, and to assure local
451 vendors have an opportunity to compete.
452 d) The Utility Board authorizes such procurement when the cost of the
453 commodities (materials) or contractual services (labor and materials) exceeds
454 the amounts as established by resolution adopted by the Utility Board.
455
456 Section 14. PENSION PLAN: The Utility Board created by this act is hereby authorized
457 and empowered to establish, adopt, provide, operate, maintain and assist in the support of
458 a pension system or plan for the relief or social security of disabled or retired officers and
459 employees of said Utility Board, and to delegate authority for the handling and
460 perpetuation of such a plan or system to designated officials or employees of said Utility
461 Board, or a special committee created for such purposes. Further, said Utility Board shall
462 have power to make contracts of insurance with any insurance company authorized to
463 transact business in the State of Florida, insuring its officers and employees or any class
464 or classes thereof under a policy or policies of group insurance covering life, health, or
465 accident insurance, or any two or more of such classes of insurance, and may contract
466 with any company granting annuities or pensions and authorized to transact business
467 within the State of Florida for the pensioning of such officers and employees or any class
468 or classes thereof; and provide for any money necessary to pay premiums or charges
469 incidental to the carrying on of such policies or contracts or for the support of a pension
470 system, and the action of its predecessor Utility Board in connection with the pensions
471 now in effect is hereby ratified, validated and confirmed.
472
473 Section 15. CIVIL SERVICE SYSTEM: (1) The Utility Board created by this act is
474 hereby authorized and empowered to create, establish, provide for and adopt, maintain,
475 operate and regulate a civil service system and plan for the security ofthe employees of
476 said board, and may amend and change such system and plan from time to time. Further,
477 said Utility Board is empowered to adopt rules and regulations for the government and
478 operation of said civil service system and plan, and to delegate authority for the handling
479 and management of said system and plan to designated officials or employees of said
480 board, or a special committee or a civil service board created by said Utility Board for
481 such purposes. Further, said Utility Board is authorized and empowered to appropriate
482 out of its available funds any money necessary or expedient to carry out the provisions
483 and purposes of this act that maybe be lawfully used for such purposes.
484 (2) The employees of the City of Key West, Florida may require the Utility Board
485 to establish a civil service board for them by an affirmative vote of the majority of the
486 employees cast in a secret election to be held under the rules prescribed by the board.
487 Said election shall be held within (30) days of the presentation of a petition containing
488 the signatures of no less than ten per centum (10%) of the employees of al classes of said
489 system requesting such an election.
490
491 Section 16. DISPOSITION OF ASSETS OF THE UTILITY: The Utility Board of the
492 City of Key West, Florida shall have discretion to classify as surplus any of its property
493 that is obsolete or that which is uneconomical or inefficient, or which serves no useful
494 function. All such items valued more than the amount as established by resolution
495 adopted by the Utility Board shall be offered as surplus property to other governmental
496 units within, the County of Monroe and to the general public with an effective means of
497 notification. The notification shall disclose the value and condition of the properties
498 when known. Any such properties as would serve no useful function and for which no
499 bids have been received, may be disposed of by donation, destruction or abandonment.
500
501 Section 17. ANNUAL AUDIT: The Utility Board ofthe City of Key West, Florida shall
502 provide for an annual audit and be subject to audit by the Legislative Auditor of the State
503 of Florida, of all utility board accounts, and said Board is hereby authorized to pay the
504 expenses thereof when required to do so and may provide for such more frequent audits
505 as it deems necessary. A copy of the audit is to be delivered to the City Commission of
506 the City of Key West, Florida within seven (7) working days, after the Utility Board
507 receives its copy from the audit agency. The Utility Board shall deliver to any other
508 authorized agency, as they may be required, additional copies of the audit. The expenses
509 of said audit should be paid by the Utility Board of the City of Key West, Florida.
510
511 Section 18. CONFLICT OF INTEREST: Any board officer or employee who has a
512 substantial financial interest, direct or indirect by reason of ownership of stock in any
513 corporation, in any contract with the Utility Board or in the sale of any land, material,
514 supplies or services to said board or to a contractor supplying said board, shall make
515 known that interest and shall refrain from voting upon or otherwise participating in his
516 capacity as a board member or employee in the making of such sale or in the making or
517 performance of sueh contract. Any board member or employee who willfully conceals
518 such a substantial financial interest or willfully violates the requirements of this section
519 shall be guilty of malfeasance in office or position and shall forfeit his office or position.
520 Violation ofthis section with the knowledge, express or implied, of the person or
521 corporation contracting with or making a sale to the city shall render the contract or sale
522 voidable by said Utility Board.
523
524 Section 19. BUSINESS TRAVEL: Members of said Utility Board, and agents and
525 employees of said board traveling on official business should be reimbursed for travel
526 and expenses in accordance with resolutions adopted by the Utility Board.
527
528 Section 20. PURCHASE OF LANDS: Purchase of all lands deemed necessary by the
529 Utility Board of the City of Key West, Florida shall be made subject to the following
530 conditions:
531 (1) Such purchases shall be made only upon recommendation of the engineers of
532 record of said Board who shall advise the Board that the acquisition of such
533 lands is necessary for the expansion of the system. The Board shall obtain
534 appraisals from at least three (3) licensed and certified appraisers in the State
535 of Florida.
536 (2) Said Utility Board shall pay no more than the highest appraisal furnished by
537 the aforesaid appraisers.
538
539 Section 21. PUBLIC RECORDS: The operating budget and all other records of said
540 Utility Board shall be considered public records, and available for inspection by the
541 public at the office of said Utility Board.
542
543 Section 22. BOARD CREATION: The Utility Board created by this act shall be and is
544 hereby made the successor to the Utility Board of the City of Key West, Florida
545 heretofore created and existing by virtue of Chapter 65-1770, Laws of Florida, Acts of
546 the Legislature Year 1965, and all acts amendatory thereto, and shall succeed to all the
547 rights, privilege, duties and obligations, monies, credits, and choices in action, properties,
548 real, personal and mixed, of its predecessor board, including title to all properties
549 belonging to its predecessor board. No obligations or contracts of its predecessor board,
550 including bonds heretofore issued by its predecessor board, shall be impaired or voided
551 by this act, but all such contracts and obligations shall pass to and be binding upon the
552 Utility Board created by this act.
553
554 Section 23. REFERENCES: Whenever reference is made in this act to the governing
555 body of the City of Key West, Florida, it shall be construed to mean the City Commission
556 of the City of Key West, Florida, or to the successor to said City Commission of the City
557 of Key West, Florida.
558
559 Section 24. REPEAL OR AMENDMENTS: It is hereby declared to be the intention of
560 the Legislature that this act shall not be deemed repealed or amended by the passage of
561 any act, whether general, special, or local, at this regular session of the Legislature,
562 unless the act seeking to effect repeal or amend this act makes specific reference to this
563 act for such purpose.
564
565 Seetion 25. SEVERABILITY: The provisions of this act are severable, and it is the
566 intention to confer the whole or any part of the powers herein provided for, and if any of
567 the provisions of this act or any of the powers granted by this shall be held
568 uneonstitutional by any court of competent jurisdiction, the decision of such court shall
569 not affect or impair any ofthe remaining provisions of this act, or any of the remaining
570 powers granted by this act. It is hereby declared to be the legislative intent that this act
571 would have been adopted had such unconstitutional provisions or powers not been
572 included therein.
573
574 Section 26. CONFLICT WITH THE LAW: All laws and parts of laws, whether general,
575 special or local, particularly Chapter 65-1770, Laws of Florida, Acts of the Legislature
576 Year 1965, and acts amendatory thereto, in conflict with this act, are hereby repealed to
577 the extent of such conflict.
578
579 Section 27. CONSTRUCTION: This act shall be liberally construed to effect the
580 purposes thereof.
581
582 Section 28. EFFECTIVENESS: This act shall take effect, relative to the provisions
583 calling for the election of the first board as provided herein, immediately upon its
584 becoming a law and all other provisions shall take effect upon the election of said board.
585
586 Became a law without the Governor's approval.
587
588 Filed in Office Secretary of State July 9, 1969.
589
590 Amendments:
591 · June 27, 1975: Section 11 amended to grant lower rates to certain permanent
592 residents over 60 years of age or persons who are totally and permanently
593 disabled American veterans.
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
· June 25, 1976: Section 11 amended to require rather than authorize the Utility
Board of the City of Key West to grant lower rates for those over 60 years of
age or persons who are totally and permanently disabled American veterans.
· May 30, 1984: Section 13 amended to increase the amount above which
public bidding is required for any work contracted by the Utility Board, and
public bidding to be required for purchasing by excepting the purchase of
insurance from the public bidding requirements of said act shall not be
required when an emergency situation is declared to exist by vote of Utility
Board; providing that all laws that conflict are superseded.
· May 28, 1985: Section 8 amended to provide that the board shall set the
salaries received by the Chairman and members of the Utility Board.
· June 14, 1995: Section 1 amended to revise provisions relating to the Utility
Board.
· May 26, 1999: Sections 11 and 13 amended to revise provisions relating to the
Utility Board.
· May 25, 2001 Sections 1, 8, 11,13 and 17 amended to improve efficiencies
and enable City Electric System to be more competitive when deregulation
occurs in Florida
· June 15,2007 Sections 1,2,3,6, 11, 13, 15, 16, 19 and 20 amended to state
name change from City Electric System to Keys Energy Services; revised
terms of group I board member; revised election of chairperson; revised filling
of vacancy; provides that the Board does not need approval for issuing bonds;
removes certain requirements for certain discounts ; removes certain surety
requirements; provides that the board may accept lowest cost or bid; revises
provisions relating to contracts; provides for surplus property & disposition of
utility's assets; provides for resolutions to set reimbursements
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20.2010
Bulk Item: Yes ~ No
Division: County Administrator
Staff Contact Person: Natileene Cassel
Telephone# 292-3470
AGENDA ITEM WORDING: Approval of a resolution combining the acting
provisions of 4 previous resolutions into one resolution, adding climate change to the
duties of the task force, adding the U. S. Navy as a non-voting member, allowing
commissioners the discretion to nominate a member at large; and repealing the
former Resolutions No. 177-2008, No. 345-2008, No. 121-2009 and 466- 2009.
ITEM BACKGROUND: This item was continued from the December 2009 BOCC
meeting in order to extend an invitation to the U. S. Navy to join the GITF as a non-
voting member. The Navy has accepted the invitation and wishes to participate. The
Green Initiative Task Force is currently operating under four separate resolutions; for the
sake of efficiency and clarity the task force has recommended that the acting provisions
of these resolutions be combined into one resolution. In addition, the task force requests
that the duty of making climate change recommendations be formally added to the
resolution. The BOCC has verbally asked the task force to take on this duty. The task
forc~ also recommends that each commissioner have the discretion to appoint a member
at large as well as a member from his or her district.
PREVIOUS RELEVANT BOCC ACTION: On June 18,2008, Resolution No. 177-
2008 established the creation of an advisory board to recommend green standards to be
adopted as local technical amendments into the Florida Building Code. On October 15,
2008, Resolution 345-2008 changed the terms of members and sunset date of the task
force. On April 15, 2009, Resolution 121-2009 changed the focus of the task force from
amending the Florida Building Code to providing recommendations to the BOCC of
environmentally sound practices and techniques to protect the environment. On
November 18, 2009, Resolution 466-2009 reallocated staff assignments from Growth
Management to the Director of Extension Services under the County Administrator.
CONTRACT/AGREEMENT CHANGES: See Attached
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0-
COST TO COUNTY: -0-
BUDGETED: Yes
SOURCE OF FUNDS:
No ---X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
REVENUE PRODUCING: Yes _ No ~O~T PER MONTH_ Y~ar _
APPROVED BY: County Atty XD\l>OMB~ing _Risk Managemen~
DOCUMENTATION: Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2010
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS COMBINING ACTING
PROVISIONS OF THE FOUR PREVIOUS RESOLUTIONS INTO
ONE RESOLUTION, ADDING CLIMATE CHANGE
RECOMMENDATIONS TO THE DUTIES OF THE TASK FORCE,
ALLOWING EACH COUNTY COMMISSIONER TO NOMINATE
ONE MEMBER AT LARGE; ADDING THE U.S. NAVY AS A NON-
VOTING MEMBER AND REPEALING THE FORMER
RESOLUTIONS NUMBER 177-2008, NO. 345-2008, NO. 121-2009
AND 466- 2009.
WHEREAS, the Board of County Commissioners approved an advisory board called the
Green Building Code Task Force (GITF) at its April 16, 2008 meeting; and
WHEREAS, On June 18, 2008, Resolution No. 177-2008 directed the task force to
recommend local technical amendments to the Florida Building Code, established the
membership, terms of office, and staffing for the task Force; and
WHERAS, On October 15, 2008, Resolution No.345-2008 amended Resolution No.
177-2008 to set the date of commencement for terms of office for members and changed
the sunset date for the task force to October 1,2010; and
WHEREAS, On April 15, 2009, Resolution No. 121-2009 further amended Resolution
No. 177-2008 to change the name of the Task Force to "Green Initiative Task Force", and
to change the scope of the task force to provide "recommendations of environmentally
sound practices and techniques to protect the environment"; and
WHEREAS, On November 18, 2009, Resolution No. 466-2009 amended the prior
resolutions to reallocate staffby placing the Task Force under the Extension Services in
the office of the County Administrator; and
WHEREAS, the number of resolutions applicable to the Task Force have become
unwieldy and to improve the efficiency of the Task Force, the acting provisions of the
various resolutions need to be combined into a single resolution; and
WHEREAS, the Board of County Commissioners should have the discretion to nominate
one member from their own district and one member from the County at large; and
WHERAS, the Board of County Commissioners have requested the Task Force to look
at and make recommendations to the board regarding climate change.
WHERAS, the Board of County Commissioners has extended invitation to the U. S.
Navy to become a member of the GITF, and the Navy has accepted the invitation to
become a non-voting member of the task force.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORDA:
Section 1. Name of Task Force. There shall be a task force known as the "Green
Initiative Task Force".
Section 2. Puroose. The purpose of the Green Initiative Task Force shall be to
make recommendations to the Board of County Commissioners on environmentally
sound practices and techniques to protect the environment and on climate change.
Section 3.
Membership. The task force shall be composed as follows:
a. Two members shall be appointed by each commissioner; one shall be
from the commissioner's own district and one may be from the county at large.
Appointments by the Commissioners shall be ratified by the Board of County
Commissioners as a whole, and shall be voting members.
b. Municipalities throughout the keys shall appoint a representative interested
in green initiatives or climate change; the municipalities shall include
Village ofIslamorada, City of Layton, City of Key Colony Beach, City of
Marathon and City of Key West. Municipal representatives shall be voting
members.
c. The following utilities throughout the keys shall appoint a representative
involved in green initiatives or climate change: Florida Keys Aqueduct
Authority, Florida Keys Electric Cooperative, and Keys Energy. Members from
the utilities shall sit with the task force and provide input and comments, but
shall not vote.
d. The U. S. Navy is hereby appointed to serve on the task force and shall appoint
a representative to attend the meetings and provide input and comments, but
shall not vote.
e. The current members appointed by the Board of County Commissioners shall
continue to serve their current terms of office through September 29, 2010. The
members are:
District I Les Faust and Christopher Fogarty
District 2 David Tuttle and Chuck Sherman
District 3 Jedde Regante and Donna Windle
District 4 Steven Grasley and Jeffrey Pinkus
District 5 Joel Reed and John Hammerstrom
Section 4. Terms of Office. Each voting member shall serve a term of one year which
term may be renewed for one additional year. Any vacancies shall be filled for the
duration of the term. The terms of office for advisory board members currently appointed
by the Board of County Commissioners shall be deemed to have commenced on
September 29, 2008, or on September 29, 2009, or to fill a vacancy as is applicable to the
individual member. Terms of office may be renewed based on the term(s) already served
by the individual member. Each non-voting member shall serve at the discretion of the
appointing entity.
Section 5. Stamm! Assistance. The Director of Extension Services shall attend the
task force meetings report to the County Administrator, and place task force items on the
BOCC Agenda. The County Administrator shall appoint staff to take minutes and
provide coordination.
Section 6. Meetin2s. The task force shall meet at least quarterly during business
hours. A quorum shall not be necessary to hold a meeting; however, no action may be
taken except by a majority of a quorum at any meeting.
Section 7. Recommendations. The recommendations of this task force shall be made
to the Board of County Commissioners.
Section 8. Sunset for Task Force. The Green Initiative Task Force shall sunset on
October 1, 2010, unless it has accomplished its purpose earlier, in which case it shall be
terminated.
Section 9. ReDeal of Previous Resolutions. This resolution shall become the binding
resolution for the task force and all previous resolutions are hereby repealed.
PASSED AND ADOPTED by the Board of County Commissioner of Monroe
County Florida, at the regular meeting of said Board held on the _day
, 2010.
Mayor Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
RESOLUTION NO. 177-2008
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS ESTABLISHING A
GREEN BUILDING CODE TASK FORCE TO RECOMMEND
GREEN STANDARDS FOR NEW BUILDING CODES
WHEREAS, at its meeting of April 16. 2008, the Board of County Commissioners
(Board) approved the creation of an advisory board to recommend green standards for
building to be adopted as local technical amendments into the Florida Building Code;
and
WHEREAS, this approval included terms of office and determination of the appointment
process;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for
Monroe County, Florida:
Section 1. There shall be a Green Building Code Task Force composed as follows:
a. Two members shall be appointed by each commissioner from his or her district,
shall be ratified by the Board, and shall be voting members.
b. The following utilities and municipalities throughout the keys shall appoint a
representative di~ectly involved and familiar with the operation of the utility, the
municipality, or the building code to serve on the Green Building Code Task Force
as follows:
Florida Keys Aqueduct Authority
Florid;:l Keys Electric Cooperative
Keys Energy
Village of Islamorada
City of Layton
City of Key Colony Beach
City of Marathon
City of Key West
c. Representatives from the municipalities shall be voting members of the task
force. Other utility representatives shall sit with the task force and provide input and
comm3nts, but shall not vote.
Section 2. Each member shall serve a term of one year which term may be renewed
for one additional year. Any vacancies shall be filled for the duration of the term.
Section 3. The purpose of the Green Building Code Task Force shall be to make
recommendations to the Building Department to pursue a local amendment to the
Florida Building Code to include environmentally sound "green" building practices. When
such recommendations are finalized and made to the Building Official, he shall present
them to thl3 Board to determine whether a cost/benefit analysis should be done in order
to mandate Local Technical Amendments to the Florida Building Code.
Section 4. The task force shall meet at least quarterly during business hours. A
quorum shall not be necessary to hold a meeting; however, no action may be taken
except by a majority of a quorum at any meeting. Growth Management shall provide
staff to take minutes and coordination.
Section 5. The Building Official and another member of the Growth Management
Division designated by the Division Director shall attend each meeting.
Section 6. The Green Building Code Task Force shall sunset August 1, 2010, unless
it has accomplished its purpose earlier, in which case it shall be terminated.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Flo.rida at
a regular meeting held on the 18th day of June . 2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner pixie Spehar
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:~~
ayor Mario iGennaro
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ATTEST: DANNY L. KOLHAGE, CLERK
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MONROE COUNTY RNI\'
APPR~1i FORM ..
RESOLUTION NO.
345 -200 ~
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING
RESOLUTION NO. 177-2008 TO CHANGE THE TERMS
AND SUNSET DATE OF THE GREEN BUILDING
CODE TASK FORCE
WHEREAS, the Green Building Code Task Force was approved in concept at the
meeting of the Board of County Commissioners on April 16, 2008; and
WHEREAS, Resolution No. 177-2008 dated June 18, 2008, established the membership
and tenns of office for the Task Force; and
WHEREAS, the Task Force is not meeting until September 29, 2008;
NOW, THEREFORE, BE IT RESOLVED by the Boara of County Commissioners of
Monroe County, Florida:
Section 1. The terms of office of the advisory board members appointed by the members
of the Board of County Commissioners shall commence September 29, 2008.
Section 2. The sunset date of the Task Force in Resolution No. 177-2008 shall be
changed from August 1,2010 until October 1,2010.
Section 3. In aU other respects Resolution No. 177-2008 shall remain unchanged.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 1 Sth day of October, 2008.
Mayor Mario DiGennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~q~
Mayor Mario DiGennaro
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RESOLUTION NO.-11L-2009
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY RENAMING THE GREEN BUILDING CODE TASK
FORCE TO THE GREEN INITIATIVE TASK FORCE; CHANGING
THAT TIlE RECOMMENDATIONS BE MADE TO THE BOARD OF
COUNTY COMMISSIONERS, RAmER THAN THE BUILDING
DEPARTMENT, AND TIIAT THE TASK FORCE PROVIDE
RECOMMENDATIONS NOT ON LOCAL TECHNICAL AMENDMENTS
BUT ON GREEN STANDARDS FOR IMPLEMNTATION IN MONROE
COUNTY TO IMPROVE LOCAL QUALITY OF LIFE AND CREATE A
MORE EFFICIENT GOVERNMENT
WHEREAS, on April 16, 2008 the Board of County Commissioners (BOCC) approved
the creation of an advisory board by means of Resolution No. 177-2008 to recommend green
standards for building to be adopted as local technical amendments into the Florida Building
Code; and
WHEREAS, the Green Building Task Force has had th~ir first foue (4) meetings to meet
and discuss the goals and objectives as outlined by Resolution No. 177-2008; and
WHEREAS, Resolution 177-2008 directs the Task Force to recommend local technical
amendments to the Florida Building Code in order to enact (environmentally sound) building
techniques and practices to protect the environment; and
WHEREAS, after four (4) meetings, the Task Force has discovered that there have never
been any local technica,l amendments ever adopted as "green building regulations"; and
WHEREAS, it is not feasible to make local teclmical amendments to the Florida
Building Code to promote environmentally sound building techniques and practices; and
WHEREAS, green building programs are incentive based rather than regulatory based;
and
WHEREAS, government should and needs to lead by example; and
WHEREAS, there are many organizations such as the ICC. USGBC and others that are
working to have the Florida Building Code updated to adopt environmentally sound building
techniques and practices; and
WHEREAS. implementation should be a fmal step in adopting green building practices
and therefore the task force must first collect and analyze data prior to making recommendations
on implementation; and
WHEREAS, 83% of Florida's carbon footprint is created by building; and
WHEREAS, the American Recovery and Reinvestment Act (ARRA) includes $3.1
billion for energy assistance grants for states that adopt and administer the national model
building energy codes; and
WHEREAS, after further research and discussion it was concluded tbat there are other
methods to meeting the goal of green building rather than through local technical amendments;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA mAT:
1. The name of the "Green Building Task Force" shall be changed to the "Green
Initiative Task Force"
2. The scope of authority shall be changed from <<recommendations of changes to
local technical amendments to the Florida Building Code" to
"recommendations of environmentally sound practices and techniques to
protect the environment"
3. The recommendations of this task force shall be made to the Board of County
Commissioners rather than to the Building Department.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida.,
at a regular meeting of said Board held on the 15thday of April . 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
. / .~~~~~\{;~::.,
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..~..:. :,;~W~NNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ,b-"..~. ){)044,.q...
Mayor/Chairperson
MONROE COUNTY ATTORNEY
A.P~R~7D AS TO FORM:
f:&.1iMI ,.OJVJ- - f/yJ}f~ 1f11
CHRISTINE M. LIMBERT-BARROWS
ASSIST'-'-'? 70~NTY ATTORNEY
Date Lf'11 b
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20,2010
Division: County Administrator
Bulk Item: Yes ~ No
Department: County Administrator
Staff Contact /Phone #: Abra Campo/ext. 4445
AGENDA ITEM WORDING: Approval of the re-appointments of James Clupper, Deanna Lloyd,
Alice Allen and Marjorie Mearns to the Historic Preservation Committee for three year terms.
ITEM BACKGROUND: The appointments of James Clupper, Deanna Lloyd and Alice Allen under
the category of professional and Marj oie Mearns under the category oflayperson expired 1/16/2010.
PREVIOUS RELEVANT BOCC ACTION: On 6/01/99 the BOCC passed Ordinance 022-1999
providing the BOCC appoint four professionals in the areas of architecture, history, architectural
history, planning, archeology or other related historic preservation fields and one lay person with
experience or knowledge in the same to the Historic Preservation Committee.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
o
INDIRECT COST:
o
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
o
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Board or Committee:
Monroe County Boards and Committees
Appointment Information
Commissioner Appointing Member:
Name of Member:
Address:
Mailing Address:
Phone Numbers:
Date of Appointment:
Reappointment:
Date Term Expires:
Historic Preservation Committee
Full Board
James Clupper
Home:
Work:
Fax:
Email:
96 Parker Drive
Islamorada, FL 33036
01/20/2010
Yes (under cateqorv of professional)
Name of Person Being Replaced:
Fulfilling Term of:
01/16/2013
Monroe County Boards and Committees
Appointment Information
Board or Committee:
Historic Preservation Committee
Commissioner Appointing Member:
Full Board
Name of Member:
Deanna Lloyd
Address:
1665 Canal Street
Biq Pine Key, FL 33043
Mailing Address:
Phone Numbers:
Home: (305)872-2098
Work: (305)743-3900
Fax:
Email:
Date of Appointment:
01/20/2010
Reappointment:
Yes (under cateqory of professional)
Date Term Expires:
01/16/2013
Name of Person Being Replaced:
Fulfilling Term of:
Monroe County Boards and Committees
Appointment Information
Board or Committee:
Historic Preservation Committee
Commissioner Appointing Member:
Full Board
Name of Member:
AI ice Allen
Address:
P.O.Box 205
Tavernier. FL 33070
Mailing Address:
Phone Numbers:
Home: (305)852-5143
Work:
Fax:
Email:
Date of Appointment:
01/20/2010
Reappointment:
Yes (under cateqorv of professional)
Date Term Expires:
01/16/2013
Name of Person Being Replaced:
Fulfilling Term of:
Monroe County Boards and Committees
Appointment Information
Board or Committee:
Historic Preservation Committee
Commissioner Appointing Member:
Full Board
Name of Member:
Mariorie Mearns
Address:
400 71th St. Gulfside
Marathon. FL 33050
Mailing Address:
Phone Numbers:
Home: (305)743-3420
Work:
Fax:
Email: mearns@bellsouth.net
Date of Appointment:
01/20/2010
Reappointment:
Yes (under cateqorv of layperson)
Date Term Expires:
01/16/2013
Name of Person Being Replaced:
Fulfilling Term of:
Board or Committee:
Monroe County Boards and Committees
Appointment Information
Commissioner Appointing Member:
Name of Member:
Address:
Mailing Address:
Phone Numbers:
Date of Appointment:
Rea ppointment:
Date Term Expi res:
Home:
Work:
Fax:
Email:
Name of Person Being Replaced:
Fulfilling Term of:
Historic Preservation Committee
Full Board
James CluDDer
96 Parker Drive
Islamorada. FL 33036
01/20/2010
Yes (under cateqorv of Drofessional)
01/16/2013
Board or Committee:
Monroe County Boards and Committees
Appointment Information
Commissioner Appointing Member:
Name of Member:
Address:
Mailing Address:
Phone Numbers:
Date of Appointment:
Rea ppointment:
Date Term Expi res:
Historic Preservation Committee
Full Board
Deanna L10vd
1665 Canal Street
Bia Pine Kev. FL 33043
Home: (305)872-2098
Work: (305)743-3900
Fax:
Email:
Name of Person Being Replaced:
Fulfilling Term of:
01/20/2010
Yes (under cateaorv of professional)
01/16/2013
Board or Committee:
Monroe County Boards and Committees
Appointment Information
Commissioner Appointing Member:
Name of Member:
Address:
Mailing Address:
Phone Numbers:
Date of Appointment:
Rea ppointment:
Date Term Expi res:
Historic Preservation Committee
Full Board
AI ice Allen
P.O.Box 205
Tavernier. FL 33070
Home: (305)852-5143
Work:
Fax:
Email:
Name of Person Being Replaced:
Fulfilling Term of:
01/20/2010
Yes (under cateaorv of orofessional)
01/16/2013
Monroe County Boards and Committees
Appointment Information
Board or Committee:
Historic Preservation Committee
Commissioner Appointing Member:
Full Board
Name of Member:
Mariorie Mearns
Address:
400 71th St. Gulfside
Marathon. FL 33050
Mailing Address:
Phone Numbers:
Home: (305)743-3420
Work:
Fax:
Email: mearns(a)bellsouth.net
Date of Appointment:
01/20/2010
Rea ppointment:
Yes (under cateqorv of layperson)
Date Term Expi res:
01/16/2013
Name of Person Being Replaced:
Fulfilling Term of:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20,2010
Division: County Administrator
Bulk Item: Yes
No ---X-
Department: County Administrator
Staff Contact Person: Connie Cyr #4443
AGENDA ITEM WORDING: Presentation/update on Mosquito Disease by Coleen Fitzsimmons,
BiologistlPublic Outreach, Florida Keys Mosquito Control
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
N/A.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY:
-0-
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
MON]~OE COUNTY
OFFICIAL RECORDS
FIL!~ # 1 .3 7 G 6 7 6
SK# :1 898 PG# 1. 1 2 0
Reo Jun 16 2003
DANNY L KOLHAGE lO,20AM
I CLERK
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR MONROE COUNTY
CASE NO: 99-819-CA-18
~rAXPAYERS FOR THE
E:LECTRJFJCATIN OF NO
r~AME KEY, INC.. etc., at. aI.,
Plaintiffs
\/8.
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'-'...."
-."1
I\~ONROE COUNTY, a politica'
~;ubdiv;sion of the State of Florida,
(.)
,;...~
<..i
<J1
Defendant
I
ORDER VACATING AMENDED ORDER
GRANTING SUMMARY JUDGMENT
THIS MATTER having come before the court on the Agreed Motion to Vacate
Amended Order Granting Summary Judgment and for Entry of Final Summary
Judgment Submitted by Plaintiffs. the premises considered, it is,
ORDERED and ADJUDGED that said Motion be, and the same is hereby
granted. The Amended Order Granting Summary Judgment entered by this
court on June 11, 2003, is hereby vacated and set aside.
DONE and ORDERED in Chambers at Key West, Monroe County. Florida,
this 13th day of June, 2003.
~JJ~
CIRCUIT JUD E
cc: Karen Cabanas. Esq.
Nathan Eden, Esq.
Frank Greenman, Esq.
Rrchard Grosso, Esq.
Keith Hope, Esq.
MONROE COUNTY
OFFICIAL RECORDS
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Eoologica.1 Services Office
1339 20th Street
Vero Beach, Florida 32960
January 20~ 201.0
Dale Fir.dgan
Keys Energy Services
1001 Janles Street
Post Office Box 61 00
Ke}. West, J~lorida 33040-6100
Service F'ederalActivity Code: 41420~2009- T A-0539
Date Recei.ved: October 19~ 2Q09
Pr~ject: No Name Key Extension of
E.Jectrical Service
Count)'~ Monroe
.Deat Mr. Finigan:
PAGE 02/07
The .Fish and \\lildlife Service (Ser\rice).bas re,'iewed }~our letter d.ated October 19, 2009~: a1jtd
other infQr:tllation SUbJl1itted by the Keys Energy Senri.ces (KE.S), on. bel1alf of various pro~rt;r
o'\vners on ~~o Name KeJr, for t.he project referet1,Ced above. We understan.d tllat Monroe C lU1ty
(County) has advised KES that tIle project requires our revie\N" in accordance \yith the Big ine
Key l-Iabitat C011Setv'ation Plan (Hep).
PROJECT DESCRIPTION I.
According tt) your documents, KES is proposing to extend electricai services to No Name ~ey
v,ia either o'verhe.ad or belo\v ground facilities. Brieflv'., tbese desigrlS \vould exte,nd power tb No
, .... I
Name Ke)T fr.om a substation. on, eastern Big Pine Ke~t, employing a combination ofundergrp~lnd
an.d overhead wires. The overhead design would include 71 poles a.'1d an e1ectricalsystem tine
dist ce of 15,015 feet Electrical poles 'Nould be set back 6 feet from.roadways Blld in. s~\'.~raJ
instces pole installation may require minimal to moderate tree trimmin.g. The ttndergrou~d
desi would include 4 pull boxes, ) 7 padmount transformers, 5 sectionalizers. and an elecfical
syste line distance of 14,980 feet. Trenches for underground conduits would run along th~
pave .. en,t' s l~dge:, reducing tl1e n.eed to Ctlt 'vegetati.ol1. Either design would be able to provitie
pow"r for U.J) to 45 potential residential customers and a single commercial customer. How~ver,
Mo oe COl.IDty has stated that no new developments are anticipated on No Name Key as akesult
of s additionai electricity.. The .project area occurs on the roads and easelnents of No Na$e
Key, inclu.ding within tl1e Service's Nationa.l Key Deer Refuge (NKDR)~ MOt1.roe COtlnty> j
Flori a. I
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INAMERICA~
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Dale FinigaLn
l)age 2
FEDERAL TRUST RESOURCES
Tb.ere are St~veral Federal trust reSO"lJrces 011 No Name Key that may be affected by the ,proposed
extension of electrical utilities to No Name Key, including units of tile Coastal Barrier Resources
System and tb.e Natiol1a1 'ViId.life Refuges S)rstem, ,~raters of the tJnited States, and threatened
and endal1gered species, as follows.
Coastal Barrier Resources Svstem
The proposled project alignln,etlt runs througll Coastal Barrier Resources System Units Ft.-50
(No l~ame JKe)') :llld FL-47P (Otherwise Protected ~\reas [OPAs] of the NKD.RlGreat. Vlhite
Heroll Natic)nal \Vildlife Ref1.1ge), esta.blished llnder tile reauthorization. of the Coastal Barl'ier
Resoulc.e$ i\ct (CBRi\) in 1990r Based tlpOn the d.ra~i.ngs provide.d, Zones 2~ 3~ an.d 4 fall
entirely within FL-SO an,d/or FL-47P. Zones 5 and 8 of the proposed project are within FL-50+
Zones 6 anei i appear to be mostly excludeli from the CBRS; ho\vever, the l.Jtility corridor to
these .zones would cross adjoinin,g CBRS tlnits. .
C.ongress f,=:cognized that certain actions a11d prcgram.s oft.he Federal go'Vem.n\ent ha,'e
historically subsidized and. encourage.d developtnent in coastal areas, resulting in the loss of
natural resources.. To remove the Federal inc,entive to de.velop these areas, Section 5 of the
. C.BRA prohibits Fed,eral expenditures for construction of facilities such as power lines Wit11 the
CBRS, regardless.oft11e fact that pl")wer m.ay be supplied to areas outside tile CBRS. The
proposed project may .be implenlellted under CBRA onl)~ if no Federal fil1ancial assistanc.e. is
used for the constrtlction or future maio,tenan.c.e~ replacenlent~ reCOl1strU.cti()11 or repair of allY
portion of tIle lltilitrj anda.ssociated facilities that are located vvithin th,e bourtdaries of the CBRS
Unit FL-50.
National ~~ildJife Reru2e S'ystem
n,e project area is located entirely on No Narne I(ey, \vhich is sitllated. 'within. th.e bOllnda.li.es of
the :r~KDR. The !'JKDR ,vas establlsh,ed in, 1957 \vhen the first lands ",-ere acquire.:} to protect the
endangered Key d.eer (Odocoileus vir,giniantls clavium) and otlJcr ,viJdlife anti their habitats. The
Serlice, State of Florida, and Monroe County Land Authority cot1tin.ue to purchase private
parcels frOttl \villing sellers to set aside for perpetual c.onseIvatio!l in this area, More th.an
70 percent of lands on NoN ame Key arc currently o\VIJ.ed b}" tlle Service and lnanaged as part of
the NKDR.
The easterlunost end of Old State Road 4A and a portion of the la.st unnamed road extendin.g into
the Island's End subdi\!ision cross Federal ,propert);; ho\vevel':- the proposed project alignment
appears to f~l.ll elltirely vvithin the County right-of-vvay or on. private latids base.d on the
preliminary dra.wings. Please provide more detailed site plan,s so th.at \\'e ma)T evaluate ,^,~hether
constructiol1 and future maintenanc.e~ replacement, reconstructi.on. or repair of an,)" portion of the
lttility and. associated facilities will adequ~te]y avoid impacts to adjacent Federal property.
~J!L~/i~l~ U~:~4
11'25547333
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PAGE 04/07
Dale; Finigan
Page 3
ThreatenE~Dd EndaJ12ered SDeei.es
The prc~ect c,onidor is identified on tIle Se!vi.ce's Geographical InforrIlation S:fstem database as
habitat for severa.l Federally listed species includin.g: Ke)l deer~ en.d:'-1lleet'"ecl r ..nwer Key marsh
rabbit (~vl'l'ilQgus palustris h~fheri)~ endan,gered silver rice r~t (Oryzom}ls palustris natatof~,
threaten,e.d eastern ind.igo snake (Dl}'m(lf<:h(JI1 l:(JraIJ' cou.p~rf), threate.ned Stock I:,]Md tree 3D.ail
(CHthaiicus reses), and tlueatened Garber's spurge (Cha!1Jaesyce garber().
The Key dl~~r <:lc:cnr~ t.nroughout j~~o Name Ke:~l 31ld is freq,ue.ntly en,cOlmtered jl;raZ1l1g along the
roadsides that are included in tb.e projec.t area~ The only. seIf-susta.Uling populatioIl of the Stock
Islalld tree SllaiI with long-term ,"iability in the Lo....ver Florida Keys is loca.ted in the hard\vood
hamnl.0ek ~;ottth of Old State Road 4l\ on the eastern side of No Name Key, and may occur on
trees withill tIle Tlght-of-way (Servi,ce 2009). Garber's sptlrge has been recorded on l11~
roadsides Ctn No Nanle Key (ClTeen et aJ.. 2008). 'The Low'er Key lnarsh rabbit occurs in the
project are~! to the nortll and south of l,N"atson Boule~{ard on, the '''~estem side of No N,ame Ke:y.
The silver 1rice rat and eastel.n indigo snake ha,'e': not b~A" nncIJmented nn No Name Key in
sevetal years, but Sltitable habitat is present on tIle islaJlci
The Coun~Yt the Florida Department of TtaJlsportation (FDOT), and tb.e Florida Department of
COmmf.lni.t~y Affairs (DCA) cOIu.pleted a HCP pursuant to Sectio-n 10 of" the Endau.gered Species
J~ct of 197]~ a~ alnended (/\ct) (87 Stat. 884; 16 U.S.C~ 1531 ef seq.) to mit~.gate impac,ts to listed
species res1Jlting from potential development acti'vities over a 20-yee.r year period, on Big Pine
Kc)'" and N~~ Name Key. The species covered under the HCP are t11e Key deer!, LO'i\.~er Keys
marsh rabbit~ and. eastern indigo snake. Activities covered under this HCP include residential
and commc:rcia.l de"eloprn,ent, as \\"ell as tran.sportat;,on improvements to meet the cOITUnwul.y
needs ofBii Pi.ne Ke)"' and No l'~aI!le Ke~{.
The extension of utilities to No Name Ke}. \'V[JI.~ n,(lt cn~lered in the HC.P and th.e associated
Il1cidentall~'ake Pennit issued by the Ser\lic.e, nor \vere im:pacts to the silver rice rat;, Stock Is.lan.d
lrc:e :;'I.l~il~ ~J G~Jbel' s spw"ge. \\~c rCt;'Ol11rn.end tl1at surve)"8 be COnd1.1ctod SQ tha.t '^'c mG)' fully
assess the ilnpact of this project 011 these federally listed SI.leci,es.
N ative veic~tation irows \vithi.n tile existing right-of...way aJo'n.g Old State Road 4.t~1 If native
~legetation. lleeds to be c.leared for this project~ then mitigation may be required to offset 11abitat
loss 113 covc:red by the HCP Q,u,d Ll.$$oeiated Incidental Take Permit.. \lle recornmerld that KES
coordin.ate ~;vit.h Monroe County Division of Gro\\1:h ,M'anagemellt to determine the Jnitjgation
requirements under the lieF.
"rate" of 'he U'oited States
Section 404 of the Clean Water Act established a. program to regulate the discharge of dredged or
fill111atcrial i.J1tC V\r-aters of the Unit(;;d States. The Clean. \Vatcr Act defined \7Yntcrs of the lJnitcd
, States to in,elude tribl1tari.es to navigable waters, interstate w'etlan.ds, ,vet lands which c.Quld affect
. interstate or fo.reign commerce, and vlet.lsnds adjacent to oth.er waters of tbe United States.
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Dale Finigan
Page 4
Wetlands O,CCUt- on No Name Ke'y adjacent to Old State Road 4A4 We recoInmend tl1at KES
consult witlb. the tJ.S.. Arm.y Corps of E.ngineers (Corps) to determine iithe project tnay affect
,:vetlands 011 No Name Key.
Cultural Resources
There are kn.own arch.eologica.l and h.istorical sites on No Name Key_ Cult.ural resources are
protected ltnder the Antiquities Act of 1.906 (16 U.S.C. 431- 433), Archaeological Resow:ces
Protection ~~ct of 1979 (16lLS.C. 470 (aa) et I~eq.)~ N.atic.nal I1istoric Preservation Act of 1966
(16lT.S.C. 470 et seq9) and ot11er related Federal laws and policies4 We .recommend that KES
consult -'Nidh tb.e State of Florida l-listoric, Preservation Officer to ensure compliance \vitll cultural
reso'urce la'Ns for ground...di.sturl,,>ing activities ill the project area-
General C~l)mments
After revie~l.:ving the draft con.ceptllal desigrl plans, th.e Se.rvtc.e is .providing the fol.l~')\ving
observatioDtS! recom.nJ.endations, and/or requ.ests th.e following info.rr.Ilation to cOln.plete our
eva.1uation=
1) '\J/ritten confl.nnation ft'om KES th.at no Federal funds ,viII be tlsed on. the project.
2) !vfore details regarding the exact location a11d dL.l1ensions of overhead or underground
wirE=S, pole locations, a.1Jd all associated stru.ctures and facilities. This \vilI allow' tile
SeI"n.ce to 11etter determine the amount of native vegetation to be cleared al1.~ potential
impacts to federally listed species and their habi.tats.
3) Detailed drawings illdicating tb.e entire footprint of the project alignrn.ellt \\Ii.thin the
existing right..of-way and utility, easements as "vel.! as propertj' o..vnership. This
information may also allow 'us to evaluate \vhether the project ",rill im.pact Federal1ands
outs,ide the existing right-of-\va.y in the NKD.R.
4) CODlpared to overh.ead wires, underground fa.cilities ma)' redtlce l1al,itat loss and inlpacts
to \vildlife an.d th.e need to d.lstu.rb vegetation over the longer term. i\.ssoc.iated stru.ctures
SUC}l as manholes, padnlount transfonners, and sectionalizers should be placed such that
minimal or no clearin.g will be required; buried ",ires roay m.inimize file ris:k of bird
strik:es and the need for main.tenan,ce activities~ such as the clearing vegetation from poles
an.d \:vires, particularly a.fter storms, which, \~ou)d be associated ,vith the overh.ead design.
5) The Florida Ke)ts l~q.uedllct Atlt.l1orit)" (FKAA) in a tetter dated December 16~ 2009, has
beCfl asked. to c.onsider extendillg \\rate.r and tNastewater services to No Name Keyc At
this tune FKAA ha.s no sh.ort--term plan,s for installing these pipelines.. However~ to
miru~mize disturbance to listed species M.d their h,abitats 011 No Name Key, we
recom.nlend that KES and FKAA c()ord.inate closely to deterrni.ne tlle feasil.,i]jty of
cxte:nding both services during a similar time fra.nle.
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Dale Fin.igan
Page 5
6) Nearly 200 ac,res ofundevelO,ped land on No Name Key rem.ain in .private ownership.
SOIILe IJrOperty owners ha,,-e petitioIled the C"unty to aut110tize the exterJ.sion of potable
'\vatc~r and central wastewater services to No 'Name K.~y' in. conju.nctio.o, with electricity.
Ttle. rvionroe County Compre.hen.sive Land ~Jse Plan, associated planning docum.ents such
as the Big Pine and No 'Name Keys I"i,vable Comrn.unike.ys 'Plan, and HCP include a.
dive:rse set of goals, objectives and policies th.at recognize 8.nd support the protection of
envirorJnentally sensitive lands,' e,ndangered species tlabitat, and CBRS units~ These
Pla11S contai.n, langua.ge that discoura.ges the extension of utilities into CBRS units. Based
on alur preliminary re\rie\v, we believe the extension of electrical service to No Nam,e Key
is inconsistent with the Monroe Count~l Comprehensive Land Use Plan.
7) If th.e proposed project is found. con.sistent with state al1.d local regulations, Vie
recornmend that. the KES C\111S111t ",rith the Service cOl1cerning impacts to F~dera.1 trust
resources.
Thank you for allo\ving us to provide these comments an,d for your cooperatiOtl in the effort to
protect Fed.~ra1 trust resources. If you ha\le any questions regarding this project, please contact
Mark Sal'lato at 772-562-3909, extension 340~ .
\(J Pa 1 S uza
Fi upervisor
Sotlth Florida Ec,ological Services Office
cc: electrollic copy
Flori.da Keys Aqueduct Authority, Executive DirectoT:- Key \Vest., Florida (Jim Reyn,olds). '
~Ionroe C01111.ty AdrninistTator!t ,Ke)' West~ .Florida (Rom,an Gastesi)
Monroe. County l\ttomeY:t Key West, Flcrid,a (SuZ8.!~e Hut1on)
Monroe County Land ,~uth.ority Director, Key 'Vest, florida (~A:ark Rosch)
Service!' National CBRA Coordinator, Wasl1ington~ DC (Katie Niemi)
Service, Na1ional Key Deer Refuge, Big Pin.e Key, Flol.ida (Anne M~)rkill)
Senrice, Regional CBRA Coordinalor, ,Atlanta, Georgia (Cynttlia Bohn.)
State of Florida, Departm,ent ofCornrn.unity A.ffai.rs, Talla11asscc~ Florida (Reb,ecca Jetton)
The Solar Community of No Name Key
1934 No Name Drive
No Nome Key, Florida 33043
January 20, 2010
Re: ~ranuary 20, 2010
]~egular BOeC Meeting, Key West, Florida
l\genda Item 0-3
Dear Clerk of the Court, Mayor Murphy and Fellow Commissioners:
I write on behalf of the member of The Solar Community of No Name Key.
l\licia Roemmele- Putney has been asked to speak on our behalf on the
issue of extending utilities to the island of No Name Key, Agenda Item 0-3.
County Administrator's Agenda Item 0-3: which states: "Discussion of 1951
Resolu1ion and June 2007 legislation allowing Keys Energy Services to use of
County rights of way and bridges to provide electrical service to No Name Key,
and rE~affirmation of resolution, provided that any obstruction, whether
permaIlent or temporary, to said and rights of way, or any physical changes there
to are cloordinated with the Engineering Department in compliance with County
Ordin8Jnces regarding its roads and bridges and that Keys Energy will maintain
lines aIld whatever structural supports they install to support their lines.
S~relYdiu:L'.. .
Eliza~ (Liz) Harlacher, Secretary
1921 Bahia Shores Road
No Name Key, FL 33043
(305) 872-0644
Witnessed by:
~~~~
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\~~ \ 28If6 Bahia Shores Road
No Name Key, FL 33043
(305) 515-0282
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The Solar Community of No Name Key
1934 NoN.ame Orive
No Name Key, Florida 33043
January 20, 2010
Re.gular BOec Meeting~ Key W est~ Florida
Ref: County Aldministrator's Item 0-3
Dear Mayor MurpllY aIld Fellow rYtonroe County Board of County Comnlissioners:
OUf att4)mey, Richard 'Grosso, apologizes for not being able to attend today. He has a conflict
due to his teaching schedule. That said, please be advised Mr. Grosso participated in the crafting of
this letter.
The takjng of any action on this issue by the County today is c.learly prematur~ Below we
explain our rational for this statement.
That said, we thank the Commissiol1 very much for having this item placed on the agenda
elevating this Inajar policy decision to the Commission itself. Last nlonth's Administrator's Report
revealedStafrs intention to grant approval for the use of the County's rights of way and bridge to
reverse long-st~mding County policy by allowing the extension of commercial power to No Name Key.
This action would have been in conflict with the 4-1 BOeC vote of 06/17/2009 that directed Staff to
bring a Report back to the Board with answers to, at a minimum, four specific questions. The four
specific questictns were:
1.) Hovl can we preserve the character of the island if electric service were to be extended to
No Name Key; 2.) What is Fish and Wildlife's current position on this issue; 3.) Was the 1951
Resolution addressed in the 1999 Circuit Court case heard by Judge Richard Payne; and 4.) What are
the potentiallia.bilities on either side of the decision to allow the extension of commercial power to No
Name Key? [St~e Official Minutes pages 126-127.]
Questio:n #3 was answered by County Attorney Hutton at the July Boec meeting when she
reported that slJle had gone through the No Name Key Circuit Court case file and had found nothing to
indicate that either the Keys Energy Service's Enabling legislation or the 1951 Resolution were part of
that case. [See "rape @ 4:30 P.M. and Official Minutes page 157.]
The ans'wers to the three remaining questions have not yet been reported to this Board. One of
the answers is dependent on the outcome of the federal government's review process. Because No
Name Key pro'vides habitat for four federally endangered species and is also designated as a Coastal
Barrier Resourc~es System unit, this review will be multi-faceted.
We would therefore. ask for this Board to please refrain from voting on this agenda item until the
completion of t}le federal review process.
Mr. Gr()sso would like to call attention to the following language in Judge Richard Payne's
Order Granting Summary Judgment in Favor of Defendants~ July ll~ 2002. "Section 366.03~F/a,
Stat. does 110t apply to defendants MOllfoe COUllty or City Electric Service. Even if it did apply here,
Section 366.03~, Fla. Stat., does not provide the right to commercial electric service if such service
would be incofLsistent with Chapters 163 and 380 or the Monroe County Comprehensive Plan.... This
negates a clailn of a statutory entitlement to the receipt of electric power in a manner that is
inconsistent with a local comprehensive plan." [See attached.]
Unfortunately, there seems to be a lot of (mis) information, along with various "legal
opinions", beiI1tg thrown around surrounding this issue. A personal opinion, in and of itself, is not a
legal opinion. There has to be a law and/or a court ruling to support a legal opinion, and the County
should not rev(~rse a long-standing policy and approve something contrary to its comprehensive plan
without an objective opinion by a legal expert in the field. Given that Monroe County has a special
land use attorney on its payroll, and that the proponents of this issue are making various legal claims,
the County sh(J'uld solicit and receive a formal legal opinion as to these claims. This opinion should
include what law and/or court rulings exist which actually support the proponent' s claims~
It is sinlply not accurate to unequivocally announce. "State law trumps the Comp Plan." In
general, if stat(~ law allows something, a local comprehensive plan can be more restrictive unless the
state law expressly prohibits the local government from being more restrictive.
In this matter, Judge Payne has already ruled on precisely this exact point when he wrote:
"Plaintiffs have n.o statutory or property rigllt to have electric power extended to their homes..."
FurtherJTIore, it is grossly inaccurate to claim that individual commissioners are personally
liable when th(~ir actions wind up overturned by the courts. The law in general is just the opposite
because otllervvise there would be total chaos. Government would be paralyzed. The statues, court
rulings and lef~al opinions on the personal liability of government officials applies only in a very
limited number of instances when, for example, there was an intentional violation of civil rights or
personalliberti1es. Anyone making such claims should be required to back them up with a specific law
or court order.
TheOl'lL Y prudent approach to this issue .wouldbe to avoid voting "Yes.'~ The only way
either side has the basis for a valid lawsuit would be for this commission to vote "Yes."
A decision to delay the vote until the federal review process is complete would be consistent
with the Year 2010 Comprehensive Plan.
A decision to vote "No" on the grounds that, according to County Attorney Suzanne Hutton,
Keys Energy Services already has permission to use of County rights of way and bridges to provide
electrical service to No Name Key, would be consistent with the Year 2010 Comprehensive Plan.
We ask you to ]~lease consider some of the issues we have raised here today. And, we ask you to
please refrain t;.om voting on this agenda item until after the federal review orocess is complete.
Si9F.~ erreellYY" _ ../J)
~~.,.-~/
Alicia Roemmele-Putlley ~ President d
cc: Attorney Richard Grosso, Everglades Law Center, Ft. Lauderdale, Florida.
Attachments: July 11, 2002 Order Granting Summary Judgment and Section 366.03 Fla. Stat., 3 pages.
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
TAXPAY~ERS FOR THE ELECTRIFICATION
OF NO Nl\ME KEY, INC., et al.
MONROE COUNTY
OFFICIAL RECORDS
Plaintiffs,
Defendants
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CASE NO. 99-8~)CA~18L~ ':'j
Honorable Judge ~~ T~or ',n
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v.
MONROE COUNTY, a political subdivision
of the Stat~~ of Florida, and CITY ELECTRIC
SERVICE,
and
/
FILE ':1.:.3:1. .1. 9 9 5
BK, .1. a 0 0 PC, G 9
ReD Jul 17 2002 09t49AH
DANNY L KOLRAGE, CLERK
DR. SNELL PUTNEY and ALICIA ROEMMELE-PUTNEY,
Intervenors.
ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS
THISMA TTERhavirig come before the Court on Defendant Monroe County's Motion
for Summary Judgment, Intervenor, Putney's Motion for Summary Judgment, various affidavits
and attachments thereto, responses to requests for admissions and interrogatories tiled with the
court, Report and Recommendation of Special Master, and Defendant Monroe County's
Exceptions to Report of Special Master, Intervenor Putney's Exceptions to Report and
Recommendation of Special Master, the Court having reviewed the pleadings, heard argument of
counsel, and being otherwise duly apprised, it is hereby:
ORDERED and ADJUDGED that the Report and Recommendation of Special Master is
hereby REJECTED. Monroe County and Intervenors' Exceptions to said Report are hereby
GRANTED and Defendant Monroe County's Motion for Summary Judgment is hereby
GRANTED o:n the following grounds:
1
q<,
1. Plaintiffs' Equal Protection and Vested Rights claims are barred by res judicata.
See, Verdi v. Metropolitan Dade County, 684 So.2d 870 (Fla. 3d DCA 1996); Key Haven
Associated Enters. v. Board of Trustees, 427 So.2d 153 (Fla. 1982). Plaintiffs failed to appeal
Resolution P17-99 of the Monroe County Planning Commission to the Board of County
Commissioners as provided in the County's Land Development Regulations. Plaintiffs are thus
barred from re-litigating the factual findings and legal conclusions therein relative to the rational
basis for the county's decision to deny the extension of electric service to No Name Key, the lack
of a substantial and detrimental change of position based on the standard electric wiring
requirements for the issuance -of building permits, and the consistency of that decision with the
county's Comprehensive Plan.. The findings within Resolution PI7-99 are dispositive of
Plaintiffs' Equal Protection and Vested Rights claims. Tberef~e, summary judgment is granted
in favor of Defendants.
2. Plaintiffs have no statutory or property right to have electric power extended to
their homes, which are operated with alternative, typically solar, energy sources. Section 366.03,
Fla. Stat. does not apply to Defendants Monroe County or City Electric Service. Even if it did
apply here, Section 366.03, Fla. Stat., does not provide a right to commercial electric service if
such service would be inconsistent with Chapters 163 and 380 or the Monroe County
Comprehensive Plan. Utilities Commission of New Smyrna Beach v. Florida Public Service
Commission, 469 So.2d 731 (Fla. 1985); Storey v. Mayo, 217 So.2d 304 (Fla. 1968); Gulf Coast
Electric Co-op., Inc. v. Johnson~ 727 So.2d 259 (FIa. I 999}. This is particularly true given that
utilities governed by this section are authorized to consideration of consistency with a local
government comprehensive plans. See, City of Oviedo v. Clark.. 699 Soold 316 (Fla. pt DCA
] 997) · This negates a claim of a statutory entitlement to the receipt of electric power in a
manner that is inconsistent with a local comprehensive plan.
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3. Plaintiffs' Vested Rights claim fails as a matter of law because Plaintiffs fail to
establish an affinnative government act of approval by Monroe County as to the expansion of
commercial electric service to No Name Key. Plaintiffs' claim is based on an implied
expectation and therefore fails to support a Vested Rights claim.
DONE and ORDERED in chambers located in Key West, Monroe County, Florida this
*(iIv
II day of July, 2002.
Honorable Richard Payn
CIRCUIT JLTDGE
cc: Karlen Cabanas, Esq.
NatJlan Eden, Esq.
Frarlk Greenman, Esq.
Ricllard Grosso, Esq~
MONROE COII.TY
OFFICIAL RBCOBDS
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Title- XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366
PUBLIC UTILITIES
366.03 General duties of public utility.--Each public utility shall
furnistl to each person applying therefore reasonably sufficient,
adequc3te, and efficient service upon terms as required by the
commission. No public utility shall be required to furnish electricity or
gas for resale except that a public utility may be required to furnish
gas for containerized resale. All rates and charges made, demanded,
or rec<<=ived by any public utility for any service rendered, or to be
rendered by it, and each rule and regulation of such public utility, shall
be fair and reasonable. No public utility shall make or give any undue
or unrt~asonable preference or advantage to any person or locality, or
subject the same to any undue or unreasonable prejudice or
disadvi3ntagein any respect.
History.--s. 3, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; s.
16, chit 80-35; s. 2, ch. 81-318; 55. 1, 15, ch. 82-25; 55. 20, 22, ch.
89-292; s. 4, ch~ 91-429.
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Dale Finigan
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LITERA. TURE CITED
Green, S. E., K.A. Bradley, and S. W. 'Noodmansee. 2008. Status survey ofthe Federally
thre~;ltened Chall1aes>'ce' garberi in south Florida. The Institute for Regiollal
Conservation. Report subm.itted to the U.S. Fish and Wildlife Service, Verc Beach,
Florida..
U~Sr Fish a:J1d Wild.1ife Service. 2009v Stock Island tree snail ((Jrt}talicus re!Jes). 5-year revie"'v:
summary and e,'aluation. 1}.8. Fisl1 and \Vildl1,fe Sentice, SOl.lt.h Fiorid.a Ecological
Services Office, Vero Beach!, Florida.