01/20/2010 Regular
1
MINUTES
OF THE l\t(ONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Com:missioners
Wednesday, January 20,2010
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey Govemrnent Center. Present and answering to roll call were
Commissio1t'ler Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Kim
Wigington, COllUllissioner George Neugent and Mayor Sylvia Murphy. Also present at the
meeting wete Roman Gastesi, County Administrator; Debbie Frederick, Assistant County
Administrat:or; 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 Carruthers and seconded by Commissioner
DiGennaro gtantingapproval of Additions, Corrections and Deletions to the agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Preslentation of Employee Service Award for the month of September 2009, to Marty
Slavik, Foreman, Roads &, Bridges, Public Works Division.
Prescentation of Employee Service Award for the month of October 2009, to Vicki
Yaklevich, TVlMultimedia Coordinator, Technical Services Division.
Presc~ntation of Years of Service Award for 5 years of service to Pamela Pumar, Human
Resources.
Pres(~ntation of Mayor's Proclamation proclaiming February 8,2010, as Boy Scouts of
America Centennial Birthday in Monroe County.
Presenttation ofMayor's Proclamation proclaiming January, 2010 as Sculpture Key West
Month.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting app:roval of the following items by unanimous consent:
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Board granted approval and authorized execution of a Lease between Monroe County and
Federal Express for space at the Key West International Airport.
Board granted approval of a request to rescind the approval of month to month occupancy
for US Customs and Border Protection for additional space in the Adam Arnold Annex at the
Key West International Airport.
Board granted approval of a continuing Contract between Monroe County and Currie
Sowards Aguila . Architects, for ArchitecturallBngineering · Services for projects in which
construction costs do not exceed. $2,000,000.00, or for study activity if the fee for professional
services for each individual study under the contract does not exceed $200',000.0'0.
Board granted approval to advertise a Request for Proposals for construction of new exit
stairs and the repair of existing interior stairs at the East Martello Towers.
Board granted approval of a continuing Contract between Monroe County andl3ender &
Associates l\rchitects for Construction Administration Services for the East Martello Exit Stair
Project.
Board granted approval of receipt of monthly report on Change Orders reviewed by the
County Adl1l1inistrator'sOffice.
Board granted approval and authorized execution of Amendment 001 to the Older
Americans }\.ct (OAA) Contract AA-I015 between the Alliance for Aging, me. (Area Agency on
Aging) and lthe Monroe County Board of County Commissioners (Social ServiceslIn-Home
Services) for Fiscal Year 1/1/10 to 12/31/10.
Board granted approval and authorized execution of a Contract between Monroe County
and the COftl1l1umty Transportation Coordinator/Guidance Clinic of the Middle Keys for a
Contract pedodof 0 I/O' 1/2010 through 12/31/2010.
Board granted acceptance of the Monroe County Length. of Service Award Program
(LOSAP)) acttIarial valuation report for the Plan Year 2009; transfer of funds for Plan Year 2009
and 1988 into the LOSAP Trust Fund; and adopted the following Resolution authorizing each
eligible participant in LOSAP to be credited with additional year of service.
RESOLUTION NO. 001-2010
Said Resolution is incorporated herein by reference.
Board granted approval of a Memorandum of Agreement between Monroe County and
the City of1\rfiami, dated September 30,200'9, concerning a United States Departmel1t of
Homeland S'ecur1ty's Office of Grants & Training (OO&T), through the State of Florida Division
of Emergency Management (FDEM) sub..grant (Agreement # 10D8-48...11...23-02-195), fully
grant funded . and no county match, and authorization for the County Administrator to execute
any other rec[uired documentation in relation to the application process.
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Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipat,edFunds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 002-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 003..2010
Said Resolutioll is incorporated herein by reference.
Rescinding Resolution No. 316-2009 (OMB Schedule Item No.3).
RESOLUTION NO. 004-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 005-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 317-2009 (OMB Schedule Item No.5).
RESOLUTION NO. 006-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 007-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 008...2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 009-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 010-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 011-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RES OL tTTI0N NO. 012..2010
Said Resolution is incorporated herein by reference.
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Receipt ofUnantiqipated Funds (OMB Schedule Item No. 12).
nSOLUTIOlNlNO.013..2010
Said Resolution is incorporated herein by reference.
Receipt ofUnantici ated Funds (OMB Schedule Item No. 13).
UTION NO. 014-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 015-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 016-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 017-2010
Said Resolution is incorporated herein by reference.
Board granted authorization for the Mayor to execute the Certificate of Acceptance of
Subgrant A vvard for funds for enhancements to the urinalysis lab for the Drug Court Program,
using funds provided under the FDLE Recovery Act Edward Byrne Memorial Justice Assistance
Grant Program, for the period from October 1,2009 through September 30,2010, 2010-JAGC-
MONR-4-4X:-113.
Board granted authorization for the Mayor to execute the Certificate of Acceptance of
Sub grant A ,vard for the Women in Transition: Recidivism Prevention for Women with Histories
of Substanc(~ Abuse and Incarceration program using funds provided under the FDLE Recovery
Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1,
2009 through September 30,2010, Contract No. 2010-JAGC-MONR-I-4X-112.
Board granted authorization for the Mayor to execute a Memorandum of Understanding
with Samuel's House to provide the Women in Transition: Recidivism Prevention for Women
with Histori~e-s of Substance Abuse and Incarceration Program, with funds provided under the
Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, for the period from
October 1,2009 through September 30,2010, in the amount $21,700.
Board granted approval and authorized execution of a Contract between Monroe County
and EAC Cc)nsulting, Inc. for on call engineering setvices.
BOard granted approval and authorized execution of a Contract between Monroe County
and HDR Etlgineering, mc. for on call engineering services.
Board granted approval and authorized execution of a Contract between Monroe County
and Metric E~ngineering, Inc. for on call engineering services.
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Board granted. approval and authorized execution of a Contract between Monroe County
and TY Lin IntemationallH. J. Ross for on call engineering services.
BoaJrdgranted approval to advertise a Request for Proposals (RFP) for a security camera
system to b4e installed on the bridges in the Duck Key Community. The system will be funded
by special asseSsment through the Duck Key Security Fund 152.
Board granted approval and authorized execution of a Supplemental Local Agency
Program (L,AP) Agreement between Monroe County and Florida Departnlent of Transportation
(FDOT) to amend the transportation stimulus funding for the Palm Drive (Baypoint) Bridge
Repair Proj cect.
Board granted approval and authorized execution of a Contract between Monroe County
and MACTEC Engineering & Consulting, Inc. for Construction Engineering and Inspection
Services for the Geiger Creek Bridge Repair Design Build Project.
Board granted approval and authorized execution of a DesignlBuild Contract between
Monroe COlmtyand Structural Preservation Systems, LLC for the Geiger Creek Bridge Repair
Proj ect.
Board granted approval and authorized execution of a Local Agency Program (LAP)
Agreement between Monroe County and Florida Departnlent of Transportation (FDOT) to
provide additional transportation stimulus funding for the Geiger Creek Bridge Repair Project.
Board granted approval for staff to purchase air time on Radio Ritmo, the only bilingual
station in the Florida Keys, in an effort to reach and educate our Spanish speaking residents in
regard to our Solid Waste and Recycling Goals and Programs, and further boost participation in
the County's recycling program.
Board. granted approval. to exercise the second option to renew the Contract between
Monroe Counfyand U.S. Water Services Corporation for the operation and maintenance of the
sewage treatment plant at the Plantation Key Governrnent Complex.
Board granted approval and authorized execution of an Initial Federally-Funded
Weatherization Assistance Program American Recovery and Reinvestment Act Subgrant
Agreement between Monroe County and the State of Florida, Department of Community
Affairs., Contracts No. 10WX-7X-11-54-01-319.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of the revised. Monroe County Tourist Development Council
Application lor Cultural Umbrella Event Funding. Said application is incorporated herein by
reference.
Board granted approval of revisions to the Monroe County Tourist Development Council
Operations ~r,.{anual. Said manual is incorporated herein by reference.
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Boalrd granted approval and authorized execution of an Agreement between Monroe
County and.l(,ey WestBusinessOuild, Inc. covering Pridefest 2010 in an amount not to exceed
$20,000,.D.AC I, FY 2010 Event Funding.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of the selected Contractor, DOT Palm Landscaping, Inc., and
authorized t:~xecution of a Contract for the removal of invasive exotic plants from Monroe
County conservation lands.
Board granted approval to re-appoint William F. Kelly III to one (1) additional three (3)
year term to the Contractors' Examining Board (CEB) beginning October 2009.
Board adopted the following Resolution removing a typographical error included in the
Land Development Code Section 130-79(12)a.
RESOLUTION NO. 018..2010
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the First Amendment to Ground
Lease Agre~~ment between Monroe County and Blue W ater Workforce Housing, LLC to extend
the date to obtain Low Income Housing Tax Credit fmancing until May 1,2010 and closing on
syndication of credits to May 1, 2011 and obligating the Lessee to pay assessment and other
costs from this date.
Board granted approval of waiver of building permit fees not to exceed $1,000.00 for site
modificatiolls by Habitat for Humanity of Key West and Lower Keys, project located at Bayside
Landing.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund:
$3,000.00 - Monroe County Sheriffs Office: to help. the MCSO Animal Farm with
items that are .needed to continue uEaster on the Farm" and "Christmas on
the Farm" fot.the year 2010.
$18,000.00 - Take Stock in Children: to support "Scholarships, Mentors and Hope"
providing state-matching scholarships for low-income families.
Boalid granted approval of the reappointment of Mr. Lynn Mapes to the Sheriffs Shared
Asset Forfeiture Fund Board (SAFF).
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MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida authorizing the use of Recaptured Community Development Block
Grant (CDBG) Fund 100 Program Funds and Interest in the amount of $300,000 to provide
working capital for the Monroe County's Disaster Recovery Initiative 2008 Tropical Storm Faye
Community Development Block Grant (CDBG) Program on behalf of low to moderate income
residents countywide.
RESOLUTION NO. 019-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution of the Board of County Commissioners of
Monroe COlmty, Florida approving the Disaster Recovery Housing Assistance Plan for the
Monroe County Disaster Recovery Initiative 2008 Tropical Storm Faye Community
Development Block Grant (CDBG) Program on behalf of the low to moderate income residents
countywide"
RESOLUTION NO. 020-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida approving the Disaster Recovery Initiative 2008 Tropical Storm Faye
Community Development Block Grant (CDBG) Program Application for Monroe County on
behalf of th(, low to moderate income residents countywide.
RESOLUTION NO. 021-2010
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Wigington's appointment of Mr. Larry
Carcamo to the Key West International Ad-Hoc Committee on Noise.
Board granted approval of Commissioner Wigington's reappointment of Richard Casey,
Jr. to the Shared Asset Forfeiture Fund Advisory Board.
Board adopted the following Resolution to amend and repeal Resolution No. 445a-2009
to include additional language contained in the amended Southeast Florida Regional Climate
Change COtIlpact.
RESOLUTION NO. 022-2010
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Carruther's appointment of Alex sandra Corsi
Leto to the Shared Asset Forfeiture Fund Advisory Board.
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Board granted approval of Commissioner DiGennaro's reappointment of David Paul
Horan to th€~ Shared Asset Fine and Forfeiture (SAFF) Advisory Board.
Board adopted the following Resolution of the Board of County Commissioners of
Monroe COlmty, Florida recommending the State of Florida continue the level of funding
necessary to maintain existing juvenile detention bed capacity and existing level of juvenile
services and treatment at the Monroe Regional Juvenile detention facility located in Key West,
Monroe County, Florida and recommending the proposed detention bed capacity funding
reductions by the Governor for Fiscal Year 2010-2011 for the Monroe Regional
Juvenile Detention facility not be pursued.
RESOLUTION NO. 023-2010
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular Me1eting of November 18, 2009 (previously distributed).
Board granted approval of the following Warrants (105065-105137 & 546557-547628):
General Fund (001), in the amount of $3,240,827.60; Fine & Forfeiture Fund (101), in the
amount of$9,183,156.24; Road and Bridge Fund (102), in the amount of $43,839.06; TDC
District Two Penny (1 , in the amount of $313,243.90; TDC Admin. & Promo 2 Cent
(116), in the: amount of$535,532.71; TDC District 1,3 Cent (117), in the amount of
$354,963.44; TDC District 2,3 Cent (118), in the amount of$28,135.43; TDC District 3,3
Cent (119), in the amount of$96,197.87; TDC District 4,3 Cent (120), in the amount of
$50,862.50; TDC District 5,3 Cent (121), in the amount of$69,305.35; Gov. Fund Type
Grants (1 in the amount of$318,047.41; Fire & Amb District 1 L&M Keys (141), in the
amount of$394,214.22; Upper Keys Care (144), in the amount of$751.22; Uninc Svc
Dist Parks & Rec (147), in the amount of $64,664.52; Plan, Build, Zoning (148), in the amount
of $73,272.11; Mu Poli in the amount of $1 ,426,067.96; Local Housing
Assistance (153), in the amount 00; B Improvement Fund (157), in the
amount of$39,751.63; Misc. cial Revenue Fund (1 in the amount of$180,286.05;
Environmental Restoration (160), in the amount of $2,780.69; Law Enforcement Trust (162),
in the amowlt of$II,292.62; Court Facilities Fees-602 (163), in the amount of$2,514.05; Drug
Abuse Trust (164), in the amount of $7,020.80; Key Largo Wastewater MSTU (170), in the
amount of$193,127.71; Building Fund (180), in the amount of $9,387.24; 1 Cent Infra Surtax
(304), in the amount of$63,103.99; 2003 Revenue Bonds (307), in the amount of$17,100.00;
Infr Sls Srtx Rev BDS2007 in the amount of $745,869.69; Big Coppitt Wastewater PR
(310), in the amount of $374,646.35; Card Sound Bridge (401), in the amount of $9,945.31;
Marathon Airport (403), in the amount of $235,496.04; Key West IntI. Airport (404), in the
amount of$280,364.71; KW AlP Series 2006 Bonds (405), in the amount of $228,894.52; PFC
& Oper Restrictions, (406), in the amooot of$347,107.99; MSD Solid Waste (414), in the
amount of$1,646,979.83; Worker's sation (501), in the amount of$25,860.01; Group
Insurance F~und (502), in the amount of 4,730.85; Risk Management Fund (503), in the
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amount of $94,255.84; Fleet Mana ment Fund (504), in the amount of$108,535.45;
Fire&EMS LOSAP Trust Fund ( , in the amount of$5,775.00.
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
December, 2009: Advertising, in the amount of $724,821.54; Bricks & MortarlInterlocal
Projects, in the amount of $30,474.55; Visitor Information Services, in the amount of
$57,331.00; Events, in the amount of$224,148.51; Office lies & Costs, in the
amount of$31,490.86; Personal Services, in an amount of$1 7,456.27; Public Relations, in
the amount of $99,349.86; Sales & M in the amount of$69,625.56; Telephone &
Utilities, in the amount of $27,367.40; Travel, in the amount of $6,167.13.
Board granted approval of the correction to the BaCC Special Meeting Minutes held on
September 23,2009 on page 216.
COUNTY ADMINISTRATOR
Board adopted the following Resolution combining the acting provision of 4 previous
Resolutions into one Resolution, adding climate change to the duties of the task force, adding the
U.S. Navy a,s a nonvoting member, allowing Commissioners the discretion to nominate a
member at large; and repealing the former Resolution Nos. 177-2008; 345-2008; 121-2009; and
466-2009.
RESOLUTION NO. 024-2010
Said Resolution is incorporated herein by reference.
Board granted approval of the reappointments of James Clupper, Deanna Lloyd, Alice
Allen and Marjorie Mearns to the Historic Preservation Committee for three year terms.
COUNTY ATTORNEY
Board ratified the Engagement Letter with Government Services Group, Inc. d/b/a GSG
dated January 4, 2010, to provide expert testimony in the matter of Roy's Trailer Park v. Monroe
County, CAl( 07-1505.
Board granted approval of Jay Shapiro and Zachary Bower and Abby Corbett of Stems,
Weaver, Miller, et al; Richard 1. Burke of Richard J. Burke, LLC; James E. Cecchi of Carella,
Byrne, Bam:, Gilfillan, Cecchi, Stewart, and Olstein as additional time keepers to work with Tod
Aronovitz of Aronovitz Law and Paul M. Weiss and Michael Lotus of Freed & Weiss, LLC on
Monroe County v. Priceline. com, et a1, 09-1 0004CV retroactive to January 1, 2009.
Board granted approval authorizing staff to file a cross-complaint along with the answer
in the matter of Penny May v. Monroe County, Case No. 44-2008-CA-466.
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Motion carried unanimously.
EMERGENCY SERVICES
J amles Callahan, Fire Chief discussed a request for BOCC direction to either: 1)
Authorize the waiver of the purchasing policy requiring a request for qualifications, approve the
early termination of the current service agreement with Advanced Data Processing, Inc. -
Intermedix (ADPI) and approval of a new Contract with ADPI for rescue ground and air
transport billing and related professional services for three (3) years, effective January 1, 2010
through De(,ember 31, 2012, with the option to renew for two (2) additional one-year periods, to
allow for a reduction in the collection rate percentage from 7% to 6.250/0; or, 2) Direct the
division to solicit a request for qualifications for rescue air and ground transport billing to be
effective June 1,2010. Danny L. KoIhage, Clerk of Court addressed the Board. After
discussion, lmotion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent to approve Option #1). After consideration, the motion was withdrawn with the second
accepting. lV1otion was then made by Commissioner Wigington and seconded by Commissioner
Neugent granting approval of Option #2). 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.
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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, Mayor Sylvia Murphy,
Commissioner Kim Wigington, City of Layton Councilman Clark Snow, and City of Layton
Mayor Nornlan Anderson.
The Board did not discuss the item for direction to either: 1) Authorize the waiver of the
purchasing policy requiring a request for qualifications, approve the early termination of the
current service agreement with Advanced Data Processing, Inc. - Intermedix (ADPI) and
approval of a new Contract with ADPI for rescue ground and air transport billing and related
professional services for three (3) years, effective January 1, 2010 through December 31, 2012,
with the option to renew for two (2) additional one-year periods, to allow for a reduction in the
collection rate percentage from 7% to 6.25%; or, 2) Direct the division to solicit a request for
qualifications for rescue air and ground transport billing to be effective June 1,2010 - based on
the previous decision by the Board of County Commissioners' to solicit a request for
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qualifications for rescue air and ground transport billing to be effective June 1, 2010 to go out for
an RFQ.
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.
COUNTY ADMINISTRATOR
Cole~en Fitzsimmons, Biologist/Public Outreach, Florida Keys Mosquito Control made a
presentation and updated the Board on mosquito diseases.
MISCELLANEOUS BULK APPROVALS
Jerry Barnett, Project Management Director discussed the matter. After discussion
motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro
granting approval to add a fifth continuing Contract for Architectural/Engineering Services for
projects in which construction costs do not exceed $2,000,000.00, and granted approval and
authorized execution of a Continuing Contract with the fifth ranked firm, Bender & Associates
Architects, lor the Architectural/Engineering Services. Motion carried unanimously.
The Board discussed a request to apply for a Florida Department of Transportation
(FDOT) Sec~tion 5310 Capital Assistance Grant to cover the cost of replacing one MCT para-
transit bus. Suzanne Hutton, County Attorney discussed the matter. Motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent granting approval to
advertise a Public Hearing for the resolution of approval to apply for the grant. Motion carried
unanimously. Motion was also made by Commissioner Neugent and seconded by Commissioner
DiGennaro granting approval of the agenda item. Motion carried unanimously.
The Board discussed approval of an Agreement between the Monroe County Community
Transportation Coordinator/Guidance Clinic of the Middle Key and Monroe County Board of
County Corrunissioners for Contract period of 01/01/2010 through 12/31/2010. Debbie
Frederick, A.ssistant County Administrator responded to Commissioner Carruthers' inquiry
concerning transportation needs for seniors on Big Pine Key. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval and
authorizing l~xecution of the item. Motion carried unanimously.
The Board discussed issuing a Purchase Order to ESI Acquisition, Inc. in the amount of
$133,793.33 to purchase WebEOC Crisis Information Management Software - Proposal Q13723,
fully grant filnded, no county match, and authorization for the County Administrator to execute
any other required documentation. After discussion, motion was made by Commissioner
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Carruthers and seconded by Commissioner DiGennaro granting approval of the item. Motion
carried unanimously.
The Board discussed the approval of Bills of Sale Absolute, transferring four (4) facilities
(lift stations/sewer mains) to KW Resort Utilities, Inc. After discussion, motion was made by
Mayor Murphy and seconded by Commissioner DiGennaro granting approval of the items.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk officially announced a vacancy of one position on the Tourist Development
Council District V Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Peter Horton, Airports Director discussed the following matters: passenger rates at the
Key West hlternational Airport for 2009 which increased by 2.4% over 2008; flight statistics for
AirTran; financial/revenue information for the first quarter of Fiscal Year 2010 (October 2009
through De(~ember 2009; and responded to an inquiry from Commissioner DiGennaro
concerning the need to add a heater to the current AlC system at the Florida Keys Marathon
Airport.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the matter of Monroe County
v. Key Largo Ocean Resorts (KLOR) Co-op., Inc. CA P 96-260. The following individuals
addressed the Board: Ken Harris, Esq., representing KLOR, Inc.; Tim Koenig, Esq., representing
Pedro Salva; and Diane Beruldson. Mr. r requested that the Board hold a closed
attorney clie:nt session to discuss this matter and read the required information into the record.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner n to hold a closed attorney session with the Board at the February 17,
2010 BOCC meeting in Key Largo at 1:30 p.m. Motion carried unanimously.
WASTEWATER ISSUES
Judi1h S. Clarke, Director of Engineering Services referred the Board to the written
Engineering Division - Wastewater Projects - December 2009 Status Report - dated January 20,
2010.
Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval of the rescission of Agreement between Monroe County and Outdoor Resorts
at Long Key, Inc. (OR) approved December 16, 2009 and reapproved the execution of the same
Agreement 'with plans attached as Exhibit "A". Motion carried unanimously.
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COUNTY ADMINISTRATOR
The Board discussed a 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 right , or any physical changes there are coordinated with
the Engineering Department in com with County ordinances regarding its roads and
bridges and that Keys Energy will maintain lines and whatever structural support lines. The
following individuals addressed the Board: Robert DeHaven, Victoria Weaver, representing
Last Stand; Hallett Douville, Alicia Putney, representing the Solar Community of No Name Key;
Donald Cr representing the No Name Key wner's Association; and Diane
Beruldson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Neugent to table the
item until a determination has been made by the United States Department of the Interior Fish
and Wildlift~ Service. Motion carried unanimously.
COMMISSIONERS' ITEMS
Comlmissioner Carruthers discussed her item concerning tolling of US 1 as an alternative
funding source for wastewater mandates. A video presentation was shown. The following
individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of
Commerce; Mike Collins, Diane Beruldson, and Leon Moyer. No official action was taken.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the latest decision from Judge
Audlin in the matter of Sandra L. Carter v. Monroe County, Case No. 44-2007-CA-882 (the
downstairs (~nclosure case). The following individual addressed the Board: Diane Beruldson.
After discussion, motion was made by Commissioner Neugent and seconded by Mayor Murphy
authorizing the County Attorney's Office to file an appeal (Petition for Writ of Certiorari) to the
3rd DCA). :Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Murphy Yes
Motion carried.
Mr. Shillinger also addressed the Board concerning a new lawsuit for Declaratory
Judgment in the matter of Christopher Dewey, et al. v. Monroe County and Craig Fugate, as
FEMA Dire(~tor, Case No. 44-2010-CA-000021AOOIPK. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner on authorizing staff the
discretion and authority to seek removal to Federal Court. Mr. Shillinger indicted there is a
filing fee $350. Motion carried unanimously.
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PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance implementing a Monroe
County Lobbyist Registry, utilizing lobbyist registration fees and financial reporting. The Board
accepted public input with the following individuals addressing the Board: Jackie Harder,
representing The Key Largo Chamber of Commerce and Diane Beruldson. Suzanne Hutton,
County Attorney and Roman Gastesi, County Administrator discussed the matter. After
discussion, :motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro to continue the public hearing to the Board's scheduled meeting in Key Largo on
February 17, 2010 at 3:00 P.M. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section 18..27
of the Monroe County Code relating to Burr Beach/Park hours. There was no public input.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 001..2010
Said Ordinance is incorporated herein by reference.
STAFF REPORTS
Teresa Aguiar, Employee Services Director reported to the Board concerning one of the
County Administrator's initiatives for 2010 which is to look at the County's overall health
benefits plan. Ms. Aguiar informed the Board that a Health Benefits Volunteer Review and
Recommendations Team has been newly formed and that their first meeting is scheduled for
January 27, 2009.
Christine Hurley, Growth Management Director updated the Board concerning the
Evaluation and Appraisal Report Process which is scheduled to begin in the Spring and the Tier
System Connnittee which plans to meet in February.
GROWTH MANAGEMENT
Christine Hurley, Growth Management Director discussed the matter. The following
individual addressed the Board: Diane Beruldsen. Motion was made by Commissioner Neugent
and seconded by Commissioner Wigington granting approval to advertise an Ordinance
amending the Monroe County Code Section 6-108, defining waivers and exemptions from
Building Permit Fees for affordable housing construction or renovation, for affordable, low, or
very low income housing as defined by State Statutes or Monroe County Code. Motion carried
unanimously.
Christine Hurley, Growth Management Director discussed the matter. After discussion,
motion was :made by Commissioner DiGennaro and seconded by Commissioner Wigington
granting approval of the waiver of building permit fees in the amount not to exceed $10,000.00
for four units to be renovated and site modification for a Habitat for Humanity of Key West and
Lower Keys project located at Stock Island Apartments, owned by Monroe County and under 99
Year Lease to the Habitat. Motion carried unanimously.
15
Christine Hurley, Growth Management Director discussed the matter. The following
individual addressed the Board: Diane Beruldsen. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following
Resolution aut the continued waiver 0 permit fees for entities applying for Low
Income Housing Credit Financing in the 2009 application cycle. Motion carried unanimously.
RESOLUTION NO. 025-2010
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item regarding the outside legal counsel
opinion requested by the Board on the proposal to utilize the $1.8 million impact fee road funds
from the canceled Card Sound/90S curve project to repair and resurface existing roadways
trenched during wastewater projects. T . individual addressed the Board: Jackie
Harder, representing The Key Largo Chamber of Commerce. Suzanne Hutton, County Attorney
discussed the matter. No official action was taken.
COUNTY ADMINISTRATOR
Rom,an Gastesi, County Administrator referred the Board to the written County
Divisions' ~Ionthly Activity Report for December, 2009.
Connie Cyr, Administrative Assistant discussed for clarification purposes the Boards and
Committees appointments on the Value Adjustment Board as an alternate had not been selected.
Motion was made by Commissioner and seconded by Commissioner DiGennaro
appointing Commissioner Neugent as the ate. Motion carried unanimously.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed a request to schedule an Attorney-Client
Closed Session of the Board of County Commissioners and read the required information into
the record ill the matter of Donald Barton v. Monroe County, CA K 09-917 and the consolidated
matter of Donald on v. Stewart Andrews, CA K 03-1107. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Carruthers to hold the Closed Session
at 2:00 p.m. at the regularly scheduled meeting in Key Largo on February 17,2010. Motion
carried unanimously.
Suzanne Hutton, County Attorney discussed a request to schedule a Closed Executive
Session of the Board of County Commissioners and read the required information into the record
in the matter 0 s Trailer Park, Inc. v. Monroe County, CA K 07-1505. Motion was made
by Commissioner DiGennaro and seconded by Commissioner Neugent to hold the Closed
Session at 2: 15 p.m. at the regularly scheduled meeting in Key Largo on February 17, 2010.
Motion carried unanimously.
16
Suzanne Hutton, County Attorney discussed a request to schedule an Attorney-Client
Closed Session of the Board of County Commissioners and read the required information into
the record in the matter Key West HMA, LLC d/b/a Lower Keys Medical Center and as DePoo
Hospital v. lMomoe County, Board of County Commissioners, Case No. CA K 09-2158. Motion
was made by Commissioner 0 and seconded by Commissioner Carruthers to hold the
Closed Session at 2:30 p.m. at the regularly scheduled meeting in Key Largo on February 17,
2010. Motion carried unanimously.
MISCELLANEOUS
Corrunissioner Carruthers announced that her Administrative Aide - Carol Schreck was
nominated for an Unsung Heroes Award from The Friends of Higgs Beach Community Group.
Con:unissioner Carruthers also announced she will be holding a Town Hall Meeting on
Thursday, January 28,2010 at the Harvey Government Center in Key West from 5:30 p.m. -
7 :30 p.m.
Commissioner DiGennaro announced the birth of his first grandson - Hershall Mario.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex -officio Clerk to the
Board of County Commissioners
Momoe County, Florida