12/16/2009 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD O:F COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 16, 2009
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Kim
Wigington, Commissioner George Neugent and Mayor Sylvia Murphy. Also present at the
meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County
Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington !~anting approval of Additions, Corrections and Deletions to the agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation proclaiming December 2009 as National Drunk
and Drugged Driving Prevention Month in Monroe County.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval to advertise a Request for Proposals for landscape maintenance at
the Key West International Airport.
Board granted approval and authorized execution of a Sculpture Loan Agreement
Renewal between Monroe County The Sculpture Foundation, Inc. for sculpture entitled "New
Friends", for the Key West International Airport.
Board granted approval and authorized execution of a Contract between Momoe County
and Class Aet Cleaning Services, LLC, for Janitorial Services at the Key West International
Airport.
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Board granted approval to use Library Impact Fees for the purchase and installation of a
new ILS (Integrated Library System) and accompanying equipment to bring Library automation
and circulation procedures up to current standards.
Board granted approval of a change to Section 6.04 of the Monroe County Personnel
Policies anti Procedures Manual as recommended by the Policies and Procedures Board.
Board granted approval and authorized execution of Amendment #2 to Agreement
between Monroe County and Monroe County Community Transportation Coordinator/Guidance
Clinic of the Middle Keys for contract period of 01/01/2009 through 12/31/2009.
Board granted approval and authorized execution of a Contract between Monroe County
and the Southernmost Homeless Assistance League (SHAL) whereby SHAL will provide labor
to assist ancl comply with all Homeless Management Information Systems (HMIS) requirements
as established by the Homeless Prevention and Rapid Re-Housing Program (HPRP) grant
funding. All funds are paid by grant dollars.
Board granted approval and authorized of an Amendment to Agreement between Monroe
County and G.A. Food Service, Inc., which renews the Agreement for another year at a price of
$3.30 per m.eal.
Board granted approval and authorized execution of Amendment 004 to the Older
Americans i\ct Contract AA-929 between the Alliance for Aging, Inc. (Area Agency on Aging)
and the M01)fOe County Board of County Commissioners (Social Services/In-Home Services) for
Fiscal Year 1/1/09 to 12/31/09.
Board granted approval and authorized execution of Amendment 004 to the Community
Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency
on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home
Services) for Fiscal Year 7/1/09 to 6/30/10.
Board granted approval to award and authorized execution of NE Continuing Contract
between Monroe County and CH2MHill, Inc., for Architectural/Engineering and General
EngineerinB~ Services for projects in which construction costs do not exceed $2,000,000.00
commencing on the effective date of this contract and ending four years thereafter with options
for owner to renew on an annual basis for two additional years.
Board granted approval to award and authorized execution of NE Continuing Contract
between Monroe County and William P. Horn Architects, P.A., for Architectural/Engineering
and General Engineering Services for projects in which construction costs do not exceed
$2,000,000.00 commencing on the effective date of this contract and ending four years thereafter
with options for owner to renew on an annual basis for two additional years.
Board granted approval to award and authorized execution of NE Continuing Contract
between Monroe County and MBIIK2M Architecture, Inc., for Architectural/Engineering and
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General Engineering Services for projects in which construction costs do not exceed
$2,000,000.00 commencing on the effective date of this contract and ending four years thereafter
with options for owner to renew on an annual basis for two additional years.
Board granted approval and authorized execution of a Contract between Monroe County
and ADA Engineering for on call engineering services.
Board granted approval and authorized execution of a Contract between Monroe County
and Bermello Ajamil & Partners, Inc. for on call engineering services.
Board granted approval of receipt of monthly report on Changes Orders reviewed by the
County Administrator's Office.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Bender and Associates Architects, P .A. for the Monroe County's American
and Disabilities Act (ADA) Transition Plan.
Board granted approval and authorized execution of a Final Amendment to Contract
between Monroe County and Matthew Fowler, Architect, Timmins Engineering LLC, a/k/a
Matthew Fowler, Architect and Thomas Timmins, P.E., for professional services for the
constructioIl of the Tavernier Fire Station.
Board granted approval of a Federal Fiscal Year 2009 State Homeland Security Grant
Program Agreement (SHSGP), Florida Division of Emergency Management (FDEM) Federal
Grant No. 2009-SS-T9-0081 award letter, and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
Board granted approval and authorized execution of a Modification to Agreement
between Monroe County and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J for review and
update of Public Works All Hazards Emergency Plan, to extend agreement to December 31,
2009, and authorization for the County Administrator to execute any other required
documentation.
Board granted approval by the Board, acting as Plan Administrator of the Length of
Service Award Plan (LOSAP), to begin IO-year disbursement of funds to one eligible
participant, 'with a monthly benefit of$210.00 commencing January 1,2010.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an
emergency Inedical services (EMS) training environment.
Board granted approval to extend Lease and Concession Agreement between Monroe
County and Enterprise Leasing Company on a month-to-month basis, under existing terms and
conditions, llending execution of a new agreement.
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Board adopted the following Resolutions concerning the Transfer of Funds and Receipt
of Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 452-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 453-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 454-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 455-2009
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 456-2009
Said Resolution is incorporated herein by reference.
Amending Resolution No. 326-2009 (OMB Schedule Item no. 6).
RESOLUTION NO. 457-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 458-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 459-2009
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 460-2009
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Sheriffs Office for a Law Enforcement Equipment Upgrade
with funds provided under the Edward Byrne Memorial Justice Assistance (JAG) Grant Program
American Recovery and Reinvestment Act (ARRA) of2009, for the period from October 1,
2009 through September 30,2010.
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Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Sheriffs Office for a Law Enforcement Equipment Upgrade
with funds provided under the Edward Byrne Memorial Justice Assistance (JAG) Grant Program
American Recovery and Reinvestment Act (ARRA) for 2009, for the period from October 1,
2009 through September 30,2010.
Board granted approval and authored execution of a Memorandum of Understanding
between Monroe County and the State Attorney's Office, 16th Judicial Circuit for the provision
of a mortgage fraud prevention and protection program with funds provided under the Recovery
Act Edward Byrne Memorial Justice Assistance Grant Program, for the period of October 1,
2009 through September 30,2010.
Board granted authorization for the Mayor to execute the Certificate of Acceptance of
Subgrant Award for the Heron Peacock Supported Living's Preventing Recidivism for Adults
with Mental Illness to Incarceration and Substance Abuse Program, using funds provided under
the FDLE Edward Byrne Memorial Justice Assistance Grant Program, for the period from
October 1,2009 through September 30,2010.
Board granted approval and authorized execution of a Contract between Monroe County
and Heron-Peacock Supported Living for its Preventing Recidivism for Adults with Mental
Illness to Incarceration and Substance Abuse Program, using funds provided under the FDLE
Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2009
through September 30, 2010.
Board authorized the Mayor to execute the Certificate of Subgrant Award for the Monroe
Youth Challenge Middle School Program, using funds provided under the FDLE Edward Byrne
Memorial Justice Assistance Grant Program, for the period from October 1, 2009 through
September 30,2010.
Board granted approval and authorized execution of a Contract between Monroe County
and the Monroe County Education Foundation for the Monroe Youth Challenge Middle School
Program, using funds provided under the Recovery Act Edward Byrne Memorial Justice
Assistance Grant Program, for the period from October 1, 2009 through September 30, 2010.
Board granted approval and authorized execution of the Fifth Amendment to Contract
between Monroe County and Paradise Divers, Inc. for temporary Pigeon Key Ferry Service,
extending the termination date to June 30,2010.
Board granted approval to submit application to apply for USDA Rural Development
Program Solid Waste Management Grant Funds that will be used to: 1) improve planning and
management of solid waste, and to: 2) reduce, monitor, and eliminate sources of pollution
impacting water resources in Monroe County, and: 3) enable achievement of State and County
recycling goals.
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Board granted approval of amended Exhibit V of all four (4) existing franchise
agreements eoncerning fees charges to customers by the Franchisees for "Special Services".
These services are out of the ordinary services provided in addition to standard solid waste
services. T1Lese services include but are not limited to back door services, moving dumpsters, or
closing and opening gates.
Board granted approval to add the Media Room at the Marathon Government Center, the
Big Pine Park Community Center, and the Murray E. Nelson Government & Cultural Center
meeting rooms and theatre to the Policy for Public Facilities, Roads, Bridges, and County
Meeting Rooms for Use in Monroe County, Florida.
Board granted approval and authorized execution of the Older Americans Act (OAA)
Contract M\.-1015 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe COllnty Board of County Commissioners (Social Services/In-Home and Nutritional
Programs) for Fiscal Year 1/1/10 to 12/31/10.
Board granted approval to rent two double retail spaces at the Key West International
Airport on a month-to-month basis, to Kennedy Studios Seaport Gallery and Green Parrot, Inc.,
until a formal rental agreement can be drafted and approved by the BOCC.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution transferring funds for District III.
RESOLUTION NO. 461-2009
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT DIVISION
Board adopted the following Resolution of the Monroe County Board of County
Commissiollers requesting the Florida Legislature bond an additional fifty million
($50,000,000.00) of Save Our Everglades Trust Fund monies to be appropriated this Fiscal Year
toward the ]Florida Keys Area of Critical State Concern protection program to restore and
conserve natural systems through the implementation of wastewater management project.
RESOLUTION NO. 462-2009
Said Resolution is incorporated herein by reference.
Board granted approval ofa two (2) year extension, retroactive to October 16,2009, to
Rockland IIlvestment Corporation, to apply for final plat approval for Rockland Key Commerce
Center Sub(iivision.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund:
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$500.00 - Leadership Monroe County - Sponsorship of Session at Monroe County
Jail (Class XVIII).
$5,000.00 - KWHS Girls Softball Team - To help cover expenses.
Board granted approval and authorized execution of a Renewal of Contract between
Monroe County and the Sheriffs Office to courier bank deposits for Card Sound Toll Authority.
MONROE COUNTY HEALTH DEPARTMENT
Board granted approval and authorized execution of Lease Amendment #2 between
Monroe County and MW & JC LLC at 3124 Northside Drive. This is a one year renewal for the
period March 1,2010 to February 28,2011.
Board granted approval of Amendment to Core Contract between Monroe County and the
Monroe County Health Department to provide that the Department of Health will reimburse the
County for the County's lease payments for 3134 Northside Drive, Key West.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner DiGennaro's reappointment of Brad Trout to
the Library Advisory Board for a second four-year term, to expire January 2013.
Board granted approval to advertise a Public Hearing for the purpose of adopting an
Ordinance implementing a Monroe County Lobbyist Registry, utilizing Lobbyist registration
fees and financial reporting.
Board granted approval of Commissioner Wigington's appointment of Neal Carbaugh
and Dan Mc.Mahon to the Key West International Ad-Hoc Committee on Noise; terms are for the
duration of the committee.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meeting of October 21, 2009 and Special Meeting of October 22, 2009 (previously
distributed).
Board granted approval of the following Warrants (105033-105064 & 545745-546556):
General Fund (001), in the amount of$1,984,838.44; Fine & Forfeiture Fund (101), in the
amount of$94,709.78; Road and Bridge Fund (102), in the amount of$142,222.50; TDC
District Two Penny (115), in the amount of$173,476.62; TDC Admin. & Promo 2 Cent
(116), in the amount of$94,451.19; TDC District 1,3 Cent (117), in the amount of$56,459.92;
TDC District 2,3 Cent (118), in the amount of$12,077.70; TDC District 3,3 Cent (119), in the
amount of$12,446.18; TDC District 4,3 Cent (120), in the amount of$30,146.04; TDC
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District 5,3 Cent (121), in the amount of$24,281.78; Gov. Fund Type Grants (125), in the
amount of$218,471.56; Fire & Amb District 1 L&M Keys (141), in the amount of
$141,141.60; Upper Keys Health Care (144), in the amount of$1,099.96; Uninc Svc Dist
Parks & Rec (147), in the amount of$37,786.37; Plan, Build, Zoning (148), in the amount of
$55,530.88; Municipal Policing (149), in the amount of$145,529.37; 911 Enhancement Fee
(150), in the amount of$559.34; Duck Key Security (152), in the amount of$4,004.88; Local
Housing Assistance (153), in the amount of$38,799.96; Boating Improvement Fund (157), in
the amount of $25,064.97; Misc. Special Revenue Fund (158), in the amount of$24,689.78;
Environmental Restoration (160), in the amount of $1 ,326.21; Court Facilities Fees-602
(163), in the amount of$2,371.38; Big Coppitt Wstewtr MSTU(169), in the amount of
$2,720.20; Key Largo Wastewater MSTU (170), in the amount of$8.55; Building Fund (180),
in the amount of$6,543.22; 1 Cent Infra Surtax (304), in the amount of$659.45; 2003
Revenue Bonds (307), in the amount of $8, 111.32; Infr Sls Srtx Rev BDS2007 (308), in the
amount of$475.00; Big Coppitt Wastewater PR (310), in the amount of$215,502.29; Card
Sound Bridge (401), in the amount of$2,593.92; Marathon Airport (403), in the amount of
$16,191.30; Key West Inti. Airport (404), in the amount of $59,994.02; KW AlP Series 2006
Bonds (405), in the amount of$109,125.50; PFC & Oper Restrictions, (406), in the amount of
$105,808.69; MSD Solid Waste (414), in the amount of$1,113,794.84; Worker's
Compensation (501), in the amount of$197,520.00; Group Insurance Fund (502), in the
amount of$131,758.50; Risk Management Fund (503), in the amount of$8,154.20; Fleet
Management Fund (504), in the amount of $94,686.17; Fire&EMS LOSAP Trust Fund
(610), in the amount of$1,425.00.
Board granted approval to remove surplus equipment for inventory via disposal or
advertise for bid. (Said list is incorporated herein by reference).
Board granted approval of Tourist Development Council Expenditures for the month of
November, 2009: Advertising, in the amount of$6,441.53; Bricks & Mortar/lnterlocal
Projects, in the amount of $14,865.52; Visitor Information Services, in the amount of
$61,105.00; Events, in the amount of$72,897.89; Office Supplies & Oper Costs, in the amount
of $28,273.55; Public Relations, in the amount of $90,658.22; Sales & Marketing, in the
amount of$80,700.46; Telephone & Utilities, in the amount of$20,133.78; Travel, in the
amount of$15,706.75.
Board granted approval of Surplus Fund Investments Quarterly Compliance Report to
Clerk, dated September 30, 2009.
COUNTY ADMINISTRATOR
Board granted approval of the reimbursement to Christine Hurley, Growth Management
Division Director for travel to Tallahassee to attend the Cabinet Aide's Meeting with the County
Administrator prior to her confirmation as Growth Management Director.
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Board granted approval and authorized execution of a Lease Agreement Renewal
between Monroe County and Southernmost Homeless Assistance League (SHAL) for office
space located at the Gato Building, 1100 Simonton Street, Key West.
Board granted approval of Change Order #2 to Charley Toppino & Sons, Inc. for the
Prado Circle Stormwater Improvements.
COUNTY ATTORNEY
Board granted approval to advertise for Request for Proposals for the purchase of County
owned property on Long Key.
Board granted approval of request for Assistant County Attorney Natileene Cassel to
provide legal representation to her son.
Board granted approval to advertise a Public Hearing for an Ordinance amending Sec.
18-27 of the Monroe County Code relating to Burr Beach/Park hours.
Board granted approval and authorized execution of a Waiver of conflict of interest dated
November 30, 2009 arising from Gunster, Yoakley and Stewart P.A.'s ("Gunster") proposed
legal representation of the Girl Scout Council of Tropical Florida, Inc. (the "Girl Scouts").
Motion carried unanimously.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, and Mayor Sylvia Murphy,
Commissioner Kim Wigington. Absent were City of Layton Councilman Clark Snow, and City
of Layton Mayor Norman Anderson.
The Board elected Commissioner Carruthers to serve as Vice-Chairman to the Board of
Governors, due to the absence of Layton Mayor Norman Anderson.
James Callahan, Fire Chief discussed the matter. After discussion, motion was made by
Mayor Murphy and seconded by Commissioner Wigington granting approval to enter into a
Lease Agreement with Zane Grey Development Company for Unit #10 at 68250 Overseas
Highway, Layton, Florida for housing firefighters assigned to Layton Fire Station #18 for
$2,200.00 per month including utilities. Motion carried unanimously.
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Motion was made by Mayor Murphy and seconded by Commissioner Wigington granting
approval for the installation of a water main distribution tap upgrade on Conch Key and issue a
purchase order for $27,629.87 to sole source provider, Florida Keys Aqueduct Authority
(FKAA). Motion carried unanimously.
There being no further business, the meeting of the Board of Governors for the Fire and
Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all Commissioners
present.
MISCELLANEOUS BULK APPROVALS
The Board discussed approval of sole source award for Key West International Airport
Security Systems Improvements. Peter Horton, Airports Director discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval of the sole source award to Integrated Fire & Security Solutions in
the amount of$162,629. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a Professional Services Agreement with Keith and Schnars, P A to
update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal Report
(EAR), EAR Comprehensive Plan Amendments, and Land Development Code for a planning
period of2010-2030 in the total amount of$I,031,985.00 and authorizing the Growth
Management director to allow additional services at specific fees if necessary. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers
granting approval of the item. Motion carried unanimously.
MISCELLANOUS BULK APPROVALS
The .Board discussed a Joint Use Park 1st Amendment to the Interlocal Agreement
between Monroe County and the School Board of Monroe County. Dent Pierce, Public Works
Director; Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval
of the item with direction to Staff to bring the item back before the Board at its January, 2010
that is different pertaining to today's concerns. Motion carried unanimously.
The Board discussed a Resolution Amending Resolution 248-2009, passed on September
9, 2009, concerning solid waste collection, disposal, and recycling service rates for commercial
properties for FY 2010 to correct scrivener's errors. Dent Pierce, Public Works Director
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
s-~EVISION
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seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 462a-2009
Said Resolution is incorporated herein by reference.
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The Board discussed the approval of the Issuance of a Certificate of Public Convenience
and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.C.
d/b/a LifeNet for the operation of an ALS transport air ambulance service. Jim Callahan, Fire
Chief discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously.
STAFF REPORTS
Project Management - Kevin Wilson, Project Manager discussed the document entitled
Emergency Operations Center (EOC) Status of Project, dated December 15, 2009 - Project
Management Department. Said document is incorporated herein for reference.
MISCELLANEOUS
Commissioner DiGennaro announced that U.S. Representative Ileana Ros-Lehtinen has
secured $2.24 million to fund the Florida Keys Community College Dive Program.
Mayor Murphy discussed the use of cell phones in the Commission Chambers.
PUBLIC WORKS
Gary Donn, Director of Transportation Support - Florida Department of Transportation
(FDOT) presented the Tentative Five Year Work Program for Fiscal Years 2010-2011 and 2014-
2015. The following individuals addressed the Board: Bill Eardley and Ron Miller. No official
action was taken.
Richard Jones, Senior Administrator - Monroe County Marine Resources introduced
Major Paul Ouellette, Section Leader, Division of Law Enforcement - Boating and Waterways
with the State of Florida Fish and Wildlife Conservation Commission, (FWC) who made a
presentation on the FWC Pilot Program on mooring and anchoring.
STAFF REPORTS
Growth Management - Christine Hurley, Division Director requested that the Board set a
Public Hearing for Transmittal of the Comp Plan Amendments. After discussion, motion was
made by Commissioner Wigington and seconded by Commissioner DiGennaro to hold a Special
Meeting on February 22, 2010 at the Marathon Government Center starting at 10:00 A.M.
Motion carried unanimously. Ms. Hurley also updated the Board concerning the Tier System.
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Assistant County Attorney Susan Grimsley, updated the Board concerning the Bluewater
Workforce property located on Burton Drive and US 1 and informed the Board that they should
be paying the Key Largo Wastewater Treatment Assessment. Ms. Grimsley indicated she will
agenda the matter for the Board's meeting scheduled for January, 2010.
The Board discussed a Preliminary report on the initiative to explore the establishment of
a U.S. Customs Services facility at the Florida Keys Marathon Airport. Reggie Paros, Marathon
Airport Director discussed the matter. The Board was provided with a document entitled US.
Customs and Border Protection (CBP) User Fee Airport (UFA) Program. Said document is
incorporated herein for reference. No official action was taken. Peter Horton, Airports Director
also discussed the matter.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written November
2009 Status Report - Engineering Division - Sewer Projects, dated December 16, 2009.
The Board discussed an Agreement with Outdoor Resorts at Long Key, Inc. (OR), under
which will make available to FKAA wastewater treatment at the OR wastewater treatment
facility for FKAA customers at the west end of Long Key. Under the agreement, the County
covenants that for 20 years there will be no required connection to a centralized wastewater
system. Suzanne Hutton, County Attorney discussed the matter. The following individual
addressed the Board: David Rogel, representing Outdoor Resorts. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval
of the agreement. Motion carried unanimously.
The Board discussed a Resolution renewing the intent to use the uniform method to
collect non-ad valorem special assessments toward the cost of providing wastewater utility
services to properties in Key Haven, Lower Sugarloafthrough No Name Key, and Long Key.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following
resolution. Motion carried unanimously.
RESOLUTION NO. 463-2009
Said Resolution is incorporated herein by reference.
Roman Gastesi, County Administrator discussed the document entitled Update: Monroe
County's Federal and State Lobbying Activities, dated December 16, 2009. Said document is
incorporated herein for reference.
CLOSED SESSION
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A Closed Session was held to discuss collective bargaining with the International
Association of Firefighters (IAFF).
COUNTY ATTORNEY
The Board discussed approval and ratification of the Collective Bargaining Agreement
with the Teamsters Local Union No. 769; and resolution of impasse as to five (5) clauses.
Cynthia Hall, Assistant County Attorney discussed the matter. The following individual
addressed the Board: David Renshaw, representing the Teamsters Local Union No. 769. After
discussion, the following actions were taken:
Article 21.2: Probationary Period - Motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers to reduce the probationary period for Teamster's
employees to 9 months. Motion carried unanimously.
Article 23.5: "Look Back" Period for Purpose of Imposing Discipline - Motion was
made by Commissioner DiGennaro to reduce to 3 years. Motion died for lack of a second.
Motion was then made by Commissioner Carruthers and seconded by Commissioner Wigington
to keep at 5 years. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Murphy Yes
Motion carried.
Article 25.6: Period of Re-Hire Preference for Layoff - Motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers that the time period for
rehiring (and notification) be 2 years. Motion carried unanimously.
Article 28.4: Payout of Unused Sick Leave - Motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to approve the payout of sick leave in
excess of 480 hours, up to 52 hours for a one year period (length of this agreement) at the cost of
$15,000 to Monroe County. After consideration, the motion was withdrawn. Motion was then
made by Commissioner DiGennaro and seconded by Commissioner Carruthers to go with the
County's proposal to eliminate the annual payout of excess sick leave and that it simply
accumulates. Roll call vote was unanimous.
Article 30(c)(1): Payout of Annual Leave (Vacation) - Motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro to treat the union
employee the same as the county non-union employee. Excess annual leave is rolled over into
the employee's sick leave and is not paid out. Motion carried unanimously.
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PUBLIC HEARINGS
A Public Hearing was held to consider approval of a resolution for unanticipated funds
for a Budget Amendment of Fiscal Year 2010 Marathon Airport Fund, #403. There was no
public input. Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent to adopt the following resolution. Motion carried unanimously, with Commissioner
DiGennaro and Mayor Murphy not present.
RESOLUTION NO. 464-2009
Said Resolution is incorporated herein by reference.
Mayor Murphy returned to the meeting and took her seat.
A Public Hearing was held to consider approval of an ordinance to extend the MSTU's
for which we have not taxed four (4) years, except Stock Island and Big Coppitt. There was no
public input. Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington to adopt the following ordinance. Motion carried unanimously, with Commissioner
DiGennaro not present..
ORDINANCE NO. 037-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider approval of an ordinance repealing Ordinance No.
003-1988 to dissolve the Beach and Shore Preservation Authority Districts and Advisory Boards.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Wigington to adopt the following Ordinance. Motion carried unanimously, with
Commissioner DiGennaro not present.
ORDINANCE NO. 038-2009
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for David &
Jean Martone on Lot 20, Block 14, Largo Sound Park, Key Largo, Real Estate Number
00473360.000000. There was no public input. Motion was made by Mayor Murphy and
seconded by Commissioner Wigington to adopt the following Resolution. Motion carried
unanimously, with Commissioner DiGennaro not present.
RESOLUTION NO. 465-2009
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Hans-Peter
Fassler on Lot 2, Block 1, Buccaneer Point, Key Largo, Real Estate Number 00496131.000200.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously, with
Commissioner DiGennaro not present.
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RESOLUTION NO. 466-2009
Said Resolution is incorporated herein by reference.
Commissioner DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider a request for Administrative Relief for Sunshine
Framing Inc. on Lot 1, Block 12, Harris Ocean Park Estates 1st Add, Key Largo, Real Estate
number 00450910.0000000. The Board accepted public input with the following individual
addressing the Board: John J. O'Brien, Jr. Christine Hurley, Growth Management Director
discussed the matter. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Carruthers to continue the hearing to the Board's meeting on
February 17, 2010 at 3:00 P.M. at the Murray Nelson Government Center. Motion carried
unanimously.
A Public Hearing was held to consider a request for Administrative Relief for Lydia L.
Castellanos on Lot 10, Block 15, Twin Lakes, Key Largo, Real Estate Number
00550070.0000000. The Board accepted public input with the following individual addressing
the Board: Lydia Castellanos. Christine Hurley, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to continue the hearing to the Board's meeting on February 17, 2010 at
3:00 P.M. at the Murray Nelson Government Center. Motion carried unanimously.
A Public Hearing was held to consider a request for Administrative Relief for Miriam
Candy Rodriguez on Lot 8, Block 9, Harris Ocean Park Estates 1 t Add, Key Largo, Real Estate
Number 00450150.000000. There was no public input. Motion was made by Commissioner
Carruthers and seconded by Commissioner Neugent to continue the hearing to the Board's
meeting on February 17, 2010 at 3:00 P.M. at the Murray Nelson Government Center. Motion
carried unanimously.
COUNTY ATTORNEY
The Board discussed the Freeman Justice Center/Tower Construction Close-Out
Agreement in the matter of The Tower Group, Inc. v. Monroe County Board of County
Commissioners and the Counterclaim of Monroe County v. The Tower Group and Travelers
Casualty and Surety Company of America, Case No. 2007-CA-1428K. Attorney Mark Miller,
representing Monroe County and Nat Cassell, Assistant County Attorney discussed the matter.
After discussion, motion was made by Commissioner DiGennaro and Commissioner Carruthers
granting approval and authorizing execution of the subject Agreement in the amount of
$2,067.933.47. Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board discussed a recommendation that the Board of County Commissioners create a
committee of staff members interested in green initiatives to develop the Monroe County
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Operations Climate Action Plan and to keep the GITF informed of progress. Doug Gregory,
Extension Services DirectorlMarine Sea Grant Agent and Liaison to the Green Initiative Task
Force (GITF) discussed the matter. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to accept the subject recommendation.
Motion carried unanimously.
The Board discussed the Green Initiative Task Force (GITF) recommendation that the Board
of County Commissioners extend an invitation the U.S. Navy to become a nonvoting member of the
task force. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent granting approval of the subject recommendation. Roll call vote was taken
with the following results:
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Murphy No
Motion carried.
The Board discussed a Resolution combining the substantive provisions of four (4)
previous resolutions concerning the Green Initiative Task Force into one (1) resolution, adding
climate change recommendations to the duties of the Green Initiative Task Force, allowing each
Commissioner to nominate one (1) member at large; and repealing Resolutions No. 177-2008,
345-2008, 121-2009 and 466- 2009. Nat Cassel, Assistant County Attorney discussed the
matter. No official action was taken.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed a request by an attorney who
represents a Stock Island property owner requesting that the County intervene in a Rule
Challenge. The county assisted the property owner in submitting a grant application to the Stan
Mayfield Working Waterfronts Florida Forever Grant Program. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers authorizing the County
Attorney to move forward (if determined that it is in the county's best interest) and intervene on
behalf of the property owner at the Rule Challenge Administrative Hearing scheduled for
January 22, 2010 - Case No.: 09-5536RP, WSG Key West Holdings, LLC. vs. Department of
Community Affairs. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed procedures for closed litigation sessions.
Ms. Hutton also discussed her legal research concerning the use of impact fees and informed the
Board that impact fees cannot be used for the Key Largo Wastewater Treatment District.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
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and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
~aM-J C;. ~
Isabel C. DeSantis, Deputy Clerk