02/17/2010 Regular
18
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 17, 2010
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Murray E. Nelson 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; 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 Neugent and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 10 years of service to Michael Edgerton,
Firefighter EMT.
Presentation of Years of Service Award for 10 years of service to Casasandra Cane, Fire
Rescue Lieutenant.
Presentation of Years of Service Award for 10 years of service to Monroe County to
Leonardo Calderon, Maintenance Worker, Facilities Maintenance, Public Works Division.
Presentation of Mayor's Proclamation proclaiming the month of February 2010 as Water
Quality Awareness Month in Monroe County.
MISCELLANEOUS ITEMS
Roman Gastesi, County Administrator introduced Senator J. Alex Villalobos, who is now
a part-time resident of Monroe County and who would like to assist Monroe County with issues
that come before the Board. Senator Villalobos gave his contact telephone number of (305) 222-
4160.
19
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval of the following items by unanimous consent:
Board granted approval to extend Lease and Concession Agreement between Monroe
County and Avis Rent A Car System, Inc. on a month-to-month basis, under existing terms and
conditions, pending execution of a new Agreement.
Board granted approval to extend Lease and Concession Agreement between Monroe
County and Budget Rental A Car System, Inc. on a month-to-month basis, under existing terms
and conditions, pending execution of a new Agreement.
Board granted approval and authorized execution of a Thru-the-Fence Agreement
between Monroe County and the Florida Keys Mosquito Control District (FKMCD).
Board granted approval of Invoice 22904 from All Power Generators Corp, dated
10/05/2009, in the amount of$1,625.00.
Board granted approval of Florida Department of Transportation Grant for additional
funding for the Runway Safety Area Project at the Key West International Airport.
Board granted approval of receipt of Monthly Report on Change Orders reviewed by the
County Administrator's Office.
Board granted approval and authorized execution of Amendment 003 to the Alzheimer's
Disease Initiative (ADI) Contract KZ-997 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 07/01/09 to 06/30/10.
Board granted approval and authorized execution of Amendment 005 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 Commissioners (Social Services/In-Home Services)
for Fiscal Year 07/01/09 to 06/30/10.
Board granted approval and authorized execution of Amendment 004 to the Home Care
for the Elderly (HCE) Contract KH-972 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 07/01/09 to 06/30/10.
Board granted approval and authorized execution of the Low Income Home Energy
Assistance Program Federally Funded Sub Grant Agreement No. 10EA-8F-11-54-01-019
between Monroe County Board of County Commissioners (Community Services/Social
Services) and the State of Florida, Department of Community Affairs for the provision of funds
to pay electric bills for low income clients.
20
Board granted approval and authorized execution of a Vendor Agreement between
Monroe County Social Services and Nutrition Concepts, Inc.
Board granted approval to advertise for proposals for the installation of fire hydrants
throughout unincorporated Monroe County using Fire and Ambulance Impact Fees, Ad Valorem
taxes and other funding sources such as grants, private donations, etc.
Board granted approval and authorized execution of a Modification to Agreement
between the Florida Division of Emergency Management (FDEM) and Monroe County for
enhancing County Emergency Management plans and programs, increasing the maximum
amount payable to $121,026.44, Contract No. 10-BG-25-11-54-01-122, fully grant funded and
no County match, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Board granted approval of the Green Initiative Task Force (GITF) and Extension request
approval to submit an application to the Florida Clean Energy Grant Program of the Florida
Energy and Climate Commission. Monroe County is eligible for a grant up to $500,000 out of a
total of $8,000,000 available.
Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. I).
RESOLUTION NO. 027-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 028-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 029-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 030-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 345-2009 (OMB Schedule Item No.5).
RESOLUTION NO. 031-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 346-2009 (OMB Schedule Item No.6).
RESOLUTION NO. 032-2010
Said Resolution is incorporated herein by reference.
21
Amending Resolution No. 347-2009 (OMB Schedule Item No.7).
RESOLUTION NO. 033-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 348-2009 (OMB Schedule Item No.8).
RESOLUTION NO. 034-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 349-2009 (OMB Schedule Item No.9).
RESOLUTION NO. 035-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 350-2009 (OMB Schedule Item No. 10).
RESOLUTION NO. 036-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 351-2009 (OMB Schedule Item No. 11).
RESOLUTION NO. 037-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 297-2009 (OMB Schedule Item No. 12).
RESOLUTION NO. 038-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 039-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 040-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 041-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 042-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 372-2009 (OMB Schedule Item No. 17).
RESOLUTION NO. 043-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 003-2010 (OMB Schedule Item No. 18).
RESOLUTION NO. 044-2010
22
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 045-2010
Said Resolution is incorporated herein by reference.
Amending Resolution 424-2009 (OMB Schedule Item No. 20).
RESOLUTION NO. 046-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 047-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 048-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 049-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 050-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 051-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 052-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 053-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 054-2010
Said Resolution is incorporated herein by reference.
Board granted approval of the Fiscal Year 2011 Budget Timetable. Said table is
incorporated herein.
23
Board granted approval to advertise a Public Hearing for a Budget amendment for One
Cent Infrastructure Sales Tax Fund 304,2003 Revenue Bonds Fund 307,2007 Revenue Bond
Fund 308 and Big Coppitt Wastewater Project Fund 310.
Board granted approval to assign current Contracts in the name of Guidance Clinic of the
Middle Keys, Inc. and Care Center for Mental Health, Inc. to the new merged organization,
Guidance/Care Center, Inc.
Board granted approval to purchase one (1) new Boom Mounted Tree/Limb Cutter and
Tractor from FORTRAC (South Florida New Holland Equipment Corporation) in the total
amount of $75,498.00, and adopted the following Resolution concerning the Transfer of Funds.
RESOLUTION NO. 055-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution supporting Habitat for Humanity's effort to
honor an early supporter by naming a private road located within the Habitat for Humanity
development at 1121 Overseas Highway, Big Coppitt Key, as "Opal Drive" .
RESOLUTION NO. 056-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution accepting proposed payment plan of the Key
Largo Fire Rescue and Emergency Medical Services District to reimburse for utility bills paid by
the County.
RESOLUTION NO. 057-2010
Said Resolution is incorporated herein by reference.
Board granted approval of Consent to Assignment and Assignment and Assumption
Agreement to the Contract with Siemens Building Technologies, Inc. for testing, certification,
and maintenance of the Monroe County Detention Center's fire alarm System, building
automation system, and smoke control system; the Sheriffs Administration Building's fire alarm
system and building automation system; the Juvenile Justice Center's fire alarm system and
building automation system; and the Courthouse Annex's fire alarm system.
Board granted approval to advertise a Public Hearing to close the extension of the Kay
Drive right of way, Key Largo Trailer Village, from Avenue D to the water.
Board granted approval and authorized execution of a First Amendment to Agreement
between Monroe County and ADA Engineering for on call engineering services to amend the
effective date of the Contract to December 16, 2009.
Board granted approval and authorized execution of a First Amendment to Agreement
between Monroe County and Bermello Ajamil & Partners, Inc. for on call engineering services
to amend the effective date of the Contract to December 16, 2009.
24
Board granted approval and authorized execution of a Contract between MACTEC
Engineering & Consulting, Inc. for on call engineering services.
Board granted approval and authorized execution ofa 1 Year Extension of Term of
Bellsouth Business Master Agreement, as amended, for Regulated Services and Volume and
Term Agreement #FL03-F871-12 from AT&T.
Board granted approval for Marshall & Stevens Incorporated to perform appraisal
services on the buildings and contents for all Monroe County Owned property.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution to provide additional advance registration, booth
related expenses and travel-related expenses for trade shows for FY 2011 to be paid from FY
2010.
RESOLUTION NO. 058-2010
Said Resolution is incorporated herein by reference.
Board granted approval to rescind Agreement between Monroe County and Greater
Marathon Chamber of Commerce, Inc. covering the Marathon Triathlon in an amount not to
exceed $10,000, DAC III, FY 2010 Event Resources.
Board granted approval of revised Destination/Turnkey Event Funding Request for
Applications, and approval to advertise the Fiscal Year 2011 Event Funding Application.
Board granted approval to advertise the Fiscal Year 2011 Monroe County Tourist
Development Council Bricks and Mortar/Capital Projects Request for Funding Applications.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Lower Keys Artists Network, Inc. covering the Art Going Green on
Big Pine Key to revise Exhibit C outlining schedule of events.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Lower Keys Chamber of Commerce, Inc. covering the Lower Keys
Music Festival to revise date of event.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Executive Adventures, LLC to revise date of event for the Sailfish
Open from February, 2010 to January, 2010.
Board granted approval and authorized execution of an Amendment to extend Agreement
between Monroe County and the City of Key West for the White Street Pier Rip Rap Installation
Project.
25
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and 218 Duval Street Corp. for Fight Night in the Keys - III to revise
the date of event and scope of services.
Board granted approval and authorized execution of an Amendment to extend Agreement
between Monroe County and the City of Key West for the Smathers and Rest Beach
Renourishment Project.
Board granted approval and authorized execution of an Amendment to extend Agreement
between Monroe County and the City of Key West for the Smathers and Rest Beach
Renourishment Phase II Proj ect.
Board granted approval of an Amendment to Agreement between Monroe County and
Miami Swordfish Tournament, LLC covering the Islamorada Swordfish Tournament on August
28-30,2009 to revise termination date to March 31,2010.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County the City of Key West for the White Street Pier Rip Rap Installation
Project, $43,750.
Board granted approval to advertise Request for Proposal for a County Wide Website
Provider for the Tourist Development Council.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon providing for coordination and participation in the
Florida Fish and Wildlife Conservation Commission Pilot Program for anchoring and mooring.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West providing for coordination and participation in the
Florida Fish and Wildlife Conservation Commission Pilot Program for anchoring and mooring.
Board granted approval and authorized execution of the First Amendment to the Lease
Agreement between Monroe County and Habitat for Humanity of Key West and the Lower
Keys, Inc. to extend the term of 100 years and eliminate the annual $10.00 rent in order to
comply with Florida Statute Sec. 196. 199(2)(b ) to carry out the original intent of the parties in
regard to the property tax liability of the Lessee in order for the building to be taxed as real
property instead of tangible property for real estate located at 5530 3rd Avenue, Stock Island
(RE#OO 126970-000000).
Board granted approval and authorized execution of the First Amendment to the
Occupancy and Ground Lease Agreement between Monroe County and Habitat for Humanity of
Key West and the Lower Keys, Inc. to extend the term of 100 years and eliminate the annual
$10.00 rent in order to comply with Florida Statute Sec. 196-199(2)(b) to carry out the original
intent of the parties in regard to the property tax liability of the unit owners and to benefit the
26
unit owners by allowing a homestead exemption and all other exemptions allowed by law, and
allowing the dwelling units to be taxed as real property instead of tangible property for real estate
located at Emerald Drive, Sapphire Drive and U.S. 1 (RE#00156320-000000).
Board granted approval of a refund for impact fees to Homes by Warren, Inc. in the
amount of $6,229.09 that are no longer required due to plan design changes modifying an
approved warehouse with office space to a warehouse without any office space.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund:
$1,000.00 - Key West High School- These funds will be used to provide a safe, drug
and alcohol free celebration to recognize the achievements of our
graduating seniors.
$1,000.00 - Marathon High School- These funds will be used to provide a safe, drug
and alcohol free celebration to recognize the achievements of our
graduating seniors.
$1,000.00 - Coral Shores High School- These funds will be used to provide a safe,
drug and alcohol free celebration to recognize the achievements of our
graduating seniors.
$1,500.00 - Monroe County Sheriffs Office - Funds to be used for furniture for
receiving, processing, monitoring/disposition of any and all seized
property by the MCSO.
MONROE COUNTY HOUSING AUTHORITY
Board granted approval of the Governor's appointment of Marie Jean-Charles and
reappointment of Harry L. Bethel and Aaron J. Castillo to the Monroe County Housing Authority
Board of Commissioners.
MONROE COUNTY SUPERVISOR OF ELECTIONS
Board adopted the following Resolution adopting the "Position Paper" of the Florida
Association of Supervisor's of Elections (FSASE) to delay the State's unfunded mandate
requiring Counties to purchase and deploy an ADA-accessible optical scan paper-based system
from the year 2012 until 2016.
RESOLUTION NO. 059-2010
Said Resolution is incorporated herein by reference.
27
COMMISSIONERS' ITEMS
Board granted approval of Mayor Murphy's appointment of Rick Freeburg, new C.E.O.
of Mariners Hospital, to the Upper Keys Health Care Taxing District, replacing Nelson Lazo.
Board granted approval of Commissioner Neugent's reappointment of Nicholas Mulick to
the Shared Asset Forfeiture (SAFF) Advisory Board, with a term expiring 11/1/10.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meeting of December 16, 2009 (previously distributed).
Board granted approval of the following Warrants (105138-105185 & 547629-548444):
General Fund (001), in the amount of$3,094,141.35; Affordable Housing Project (100), in the
amount of $5,440.00; Fine & Forfeiture Fund (101), in the amount of$3,619,609.39; Road
and Bridge Fund (102), in the amount of$25,545.61; TDC District Two Penny (115), in the
amount of $222,284.54; TDC Admin. & Promo 2 Cent (116), in the amount of$370,318.62;
TDC District 1,3 Cent (117), in the amount of $444,699.11; TDC District 2,3 Cent (118), in
the amount of$29,781.97; TDC District 3,3 Cent (119), in the amount of$165,635.34; TDC
District 4,3 Cent (120), in the amount of$50,498.75; TDC District 5,3 Cent (121), in the
amount of$116,400.63; Gov. Fund Type Grants (125), in the amount of$110,557.99; Fire &
Amb District 1 L&M Keys (141), in the amount of$482,015.24; Upper Keys Health Care
(144), in the amount of$922.48; Uninc Svc Dist Parks & Rec (147), in the amount of
$76,528.62; Plan, Build, Zoning (148), in the amount of$46,432.63; Municipal Policing (149),
in the amount of$480,311.43; Duck Key Security (152), in the amount of $7,808.00; Local
Housing Assistance (153), in the amount of$144,995.00; Boating Improvement Fund (157),
in the amount of $4,052.40; Misc. Special Revenue Fund (158), in the amount of$45,365.10;
Environmental Restoration (160), in the amount of$5,941.04; Law Enforcement Trust (162),
in the amount of$5,500.00; Drug Abuse Trust (164), in the amount of$3,028.66; Building
Fund (180), in the amount of$11,707.33; 1 Cent Infra Surtax (304), in the amount of
$71,777.61; Card Sound Bridge (401), in the amount of$12,977.87; Marathon Airport (403),
in the amount of$220,189.39; Key West Inti. Airport (404), in the amount of$139,214.54;
KW AlP Series 2006 Bonds (405), in the amount of$437.97; PFC & Oper Restrictions,
(406), in the amount of$132,820.72; MSD Solid Waste (414), in the amount of $647,090.36;
Worker's Compensation (501), in the amount of$31,739.27; Group Insurance Fund (502), in
the amount of$216,497.71; Risk Management Fund (503), in the amount of$25,173.42; Fleet
Management Fund (504), in the amount of$96,092.58; Fire&EMS LOSAP Trust Fund
(610), in the amount of$I,635.00.
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
January, 2010: Advertising, in the amount of$887,377.36; Bricks & MortarlInterlocal
Projects, in the amount of$19,409.26; Visitor Information Services, in the amount of
28
$96,287.00; Events, in the amount of$50,926.34; Office Supplies & Oper Costs, in the amount
of$51,230.25; Public Relations, in the amount of$142,322.58; Sales & Marketing, in the
amount of$64,794.93; Telephone & Utilities, in the amount of$21,454.58; Travel, in the
amount of$12,150.33.
COUNTY ADMINISTRATOR
Board granted approval for the running of the 2nd Annual Key Largo Bridge Run for
Saturday, November 13, 2010 from 6:00 a.m. - 10:30 a.m.
Board granted approval of annual appointments to the Older American Advisory Board.
Said appointment sheet is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval of purchasing policy regarding continuing contracts to provide a
method for the award of individual contracts based on competitive ranking and rotation among
contractors and for exceptions.
Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending the Monroe County Code to require businesses to obtain a commercial
collection service agreement and provide proof of a current commercial collection service
agreement upon issue or renewal of the business tax.
Board granted authorization to execute Stipulation to Close File in Case No. OlCA108K,
Richard M Osborne, Trustee & Conch Contrada LC v. Monroe County.
Board granted approval to advertise and hold a Public Hearing on March 17, 2010, at
3 :00 p.m. or as soon thereafter as may be heard in Marathon, pursuant to Sec. 102-108, MCC, to
consider adoption of a Resolution approving the Recommended Order/Proposed Beneficial Use
Determination of Special Master John VanLaningham dated 12/10/09 recommending that
Applicants Gerald and Katherine Walsh NOT be granted relief.
Board granted approval and authorized execution of a Second Amendment to the
Contract between Monroe County and the law firm of Gray Robinson, P .A. to allow for payment
of architectural consultant in case against the original architect on the Freeman Justice Building,
Case No. 2007-CA-1428K.
Motion carried unanimously.
* *
*
*
*
*
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy, and
29
Commissioner Kim Wigington. City of Layton Councilman Clark Snow, and City of Layton
Mayor Norman Anderson were absent.
Mayor Murphy nominated Commissioner Wigington as Vice-Chair for the meeting due
to the absence of Mayor Norman Anderson.
Motion was made by Commissioner Carruthers and seconded by Mayor Murphy granting
approval of the Renewal Agreement effective from March 1, 2010 through February 28, 2011,
between Board of Govemors of Fire and Ambulance District 1 of Monroe County Florida and
Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances) including inspections,
preventative maintenance, and unscheduled maintenance and repairs resulting from failure or
malfunction. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors for the Fire and
Ambulance District I, was adjourned.
*
*
*
*
*
The Board of County Commissioners meeting reconvened with all Commissioners
present.
MISCELLANEOUS BULK APPROVALS
The Board discussed two transfers of line item funds for the Republic Parking Budget.
Peter Horton, Airports Director discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the
item. Motion carried unanimously.
The Board discussed a Florida Department of Transportation grant (100%) to enhance
security at the Key West International Airport. Peter Horton, Airports Director discussed the
matter. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner DiGennaro granting approval of the item. Motion carried unanimously.
The Board discussed a contract with GIS Information Systems, Inc. (dba Polaris) in the
amount of$121,045 for an Integrated Library System ("ILS") by piggy-backing on Lee County's
Polaris contract. Norma Kula, Libraries Director discussed the matter. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting
approval of the item. Motion carried unanimously.
The Board discussed amending and exercising the first option to renew the contract with
Master Mechanical Services, Inc. for central air conditioning maintenance and repair for Upper
Keys Facilities. Beth Leto, Assistant Public Works Director discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval of the item. Motion carried unanimously.
30
The Board discussed closing a portion of Mariposa Road, Ramrod Key, from Shannahan
Road to Old State Road 4A. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously.
The Board discussed a Resolution prohibiting the parking, standing or stopping of
vehicles along the County right of way on both the north and the south side of Sunrise Drive,
North Sunrise Drive and Ocean View Drive in Tavernier, from Tarpon Street to the Atlantic
Ocean. After discussion, motion was made by DiGennaro and seconded by Commissioner
Neugent granting approval of the item. Motion carried unanimously.
RESOLUTION NO. 060-2010
Said Resolution is incorporated herein by reference.
The Board discussed advertising a Request for Proposals for the Pigeon Key Ferry
Service to provide service from July 2010 through June 2013. The Florida Department of
Transportation (FDOT) has provided additional funding of $750,000 for service for three
additional years. Judith S. Clarke, Director of Engineering Services discussed the matter. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington granting approval to advertise a Request for Proposals for the Pigeon Key Ferry
Service with DOT providing additional funding for one (1) year in the amount of $250,000.00
for from July, 2010 through July, 2011. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacant position on the Tourist Development Council District I
Advisory Committee for an "At Large" appointment.
The Board discussed the appointment of one "At Large" member to the Tourist
Development Council District V Advisory Committee. Motion was made by Mayor Murphy and
seconded by Commissioner DiGennaro appointing Ms. Deborah J. McAfee. Motion carried
unanimously.
STAFF REPORTS
Growth Management - Christine Hurley, Growth Management Director reported to the
Board on the following matters: The first meeting of the Tier Designation Review Committee is
scheduled to be held on Tuesday, February 23, 2010 at the Marathon Government Center starting
at 2:00 P.M.; The public meeting dates for public input on the Evaluation and Appraisal report
regarding the Comprehensive Plan are scheduled to begin at 6:00 P.M. on April 6, 2010 at the
Harvey Government Center, April 7, 2010 at the Marathon Government Center, and April 8,
2010 at the Murray Nelson Center - the county's consulting firm Keith & Schnars will be
coordinating the meetings; Ms. Hurley also discussed the status of the Florida Fish and Wildlife
Conservation Commission Pilot Program for anchoring and mooring.
31
Public Works - Judith S. Clarke, Director of Engineering Services updated the Board on
the status of the Bay Point and Geiger Key Bridge Projects funded through the Federal stimulus
program.
Commissioner Carruthers discussed small county designation/population information
concerning the U.S. Census and urged all citizens of Monroe to participate.
GROWTH MANAGEMENT
The Board discussed the Local Agency Program (LAP) Agreement with Florida
Department of Transportation (FDOT) to provide funding to Monroe County for All-American
Road Signage. After discussion, motion was made by Commissioner Carruthers and seconded
by Commissioner Neugent granting approval of the item including direction to .Staffto
investigate a design alternative for the types of signs that can be provided under the program.
Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board discussed a Third Amendment to the Agreement between Monroe County and
Cardenas Partners, LLC extending the term for one (1) additional year. Roman Gastesi, County
Administrator and Suzanne Hutton, County Attorney discussed the matter. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers
granting approval of the item. Motion carried unanimously.
The Board discussed Change Order #2 to Charley Toppino & Sons, Inc. for the Prado
Circle Stormwater Improvements. This Change Order is a result of a dispute as to items
invoiced. Suzanne Hutton, County Attorney discussed the matter on behalf of the Clerk. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington granting approval of the item. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed advertising a public hearing to consider adoption of an ordinance to
prohibit any public officer or employee from receiving a commission or other compensation for a
transaction recommended or approved by the public officer's Board or public employee's
agency. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Wigington and seconded by Commissioner DiGennaro granting
approval of the item. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed the matter for direction regarding oaths of
office for advisory board members. No official action was taken.
32
EXTENSION SERVICES
Doug Gregory, Director/Marine Sea Grant Agent made a Presentation to the Board of
County Commissioners to discuss the Climate Action Plan process and to request setting a target
to reduce greenhouse gas emissions related to county operations by 20% by 2020 as measured
from a 2005 baseline inventory. The Green Initiative Task Force (GITF) voted unanimously to
recommend this target.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item concerning a Resolution
requesting that the Federal Emergency Management Agency terminate their Pilot Inspection
Program for downstairs enclosures. The following individuals addressed the Board: Don Fritch,
John November, representing Citizens Not Serfs; Randolph Chapman, Pauline Klein, Philip
Shannon, Stan Margalese', Sloan Bashinsky, and Michele Hardin. Suzanne Hutton, County
Attorney and Bob Shillinger, Chief Assistant County Attorney discussed the matter. After
discussion, motion was made by Commissioner Neugent to table the item until a response is
received from FEMA. Motion died for lack of a second. Motion was then made by
Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the resolution.
During discussion, Commissioner Carruthers introduced amended language. Roll call vote was
taken to adopt the following resolution, as amended. Said amendment as follows:
Delete: 6th WHEREAS, the Pilot Program has had harmful unintended consequences in
Monroe County, including contributing to the County's 9.2% population loss between 2000 and
2008, causing thousands of low and middle income gainfully employed and retired families to
leave their occupations and homes in Monroe County, devastating the Keys' social and economic
well being, including the construction industry, and threatening the safety of the community's
homes and businesses.
Commissioner Carruthers Yes
Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Murphy No
Motion carried.
RESOLUTION NO. 026-2010
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
Suzanne Hutton, County Attorney discussed a request to continue an Attorney-Client
Closed Session of the Board of County Commis'sioners and read the required information into
the record in the matter of Donald Barton v. Monroe County, CA K 09-917 and the consolidated
matter of Donald Barton v. Stewart Andrews, CA K 03-1107. Motion was made by
33
Commissioner DiGennaro and seconded by Commissioner Wigington to hold the Closed Session
at 1 :30 p.m. at the regularly scheduled meeting in Marathon on March 17, 2010. Motion carried
unanimously.
Suzanne Hutton, County Attorney discussed a request to continue an Attorney-Client
Closed Session of the Board of County Commissioners and read the required information into
the record in the matter of the matter of Roy's Trailer Park Inc. v. Monroe County, CA K 07-
1505. Motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington to hold the Closed Session at 2:00 p.m. at the regularly scheduled meeting in
Marathon on March 17, 2010. Motion carried unanimously.
WASTEWATER ISSUES
Liz Wood, Sr. Administrator, Sewer Projects referred the Board to the written
Engineering Division - Wastewater Projects - January 2010 Status Report - dated February 17,
2010.
The Board discussed a second amendment to Interlocal Agreement (ILA) dated
September 20, 2006 and amended July 15, 2009, with the Florida Keys Aqueduct Authority
(FKAA) for the County to provide funding for the Duck Key Regional Wastewater System. Liz
Wood, Sr. Administrator, Sewer Projects; Suzanne Hutton, County Attorney; Jim Reynolds,
Executive Director of the Florida Keys Aqueduct Authority; Tina Boan, Budget & Finance
Director; Roman Gastesi, County Administrator; and Judith S. Clarke, Director of Engineering
discussed the matter. The following individual addressed the Board: Robby Majeska. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers granting approval of the item. Motion carried unanimously.
CLOSED SESSIONS
Closed Session were held - Suzanne Hutton, County Attorney discussed an Attorney-
Client Closed Session of the Board of County Commissioners and read the required information
into the record in the matters of Monroe County v. Key Largo Ocean Resorts Coop, Inc. CA P
96-260 and Key West HMA, LLC d/b/a Lower Keys Medical Center and as DePoo Hospital v.
Monroe County Board of County Commissioners, Case No. CAK 09-2158.
WASTEWATER ISSUES
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
granting approval to advertise a Request for Proposal for grant administrative services CDBG
Small Cities Grant Administrative Services. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval to hold and advertise hearings required for participation in CDBG program.
Motion carried unanimously.
34
PUBLIC HEARINGS
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to continue to the regularly scheduled meeting in Key West on April 21, 2010 at 3:00
P.M. a Public Hearing to consider adoption of an ordinance implementing a Monroe County
Lobbyist Registry, utilizing lobbyist registration fees and financial reporting. Motion carried
unanimously.
A Public Hearing was held to satisfy public input grant application requirements and to
consider approval of a resolution authorizing the signing and submission of a Federal Transit
Administration, 49 U.S.C., Section 5310, Elderly and Persons with Disabilities Program for
Year 2010, Capital Assistance Grant Application, supporting documents and assurances to the
Florida Department of Transportation to purchase one (1) transportation bus and acceptance of
any subsequent grant award. There was no public input. Motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro to adopt the following resolution. Motion
carried unanimously.
RESOLUTION NO. 063-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending 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 Momoe County Code. There was no public input. Christine Hurley,
Growth Management Director and Suzanne Hutton, County Attorney discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro to adopt the following ordinance, as amended. Said amendment as follows:
(e) Waivers. Not for profit organizations ~yvith 501(c)(3) status from the Internal
Re~/eflUe 8ef\Tice may appl)r to the board of county commissioners fx()r fee ~yvaif/ers from the
permit and applieation f-ees for eonstmetion or renoyation of affordable or low ineome housing
as defined b)r state statutes. Any entity may apply to the board of county commissioners for fee
waivers from the permit and application fees for construction or renovation of affordable, low or
very low income housing intended for occupancy for those households with income UP to one
hundred twenty percent (120%) of the median annual adjusted gross income as defined by
Monroe County. Persons or entities which currently have a development order in effect for
affordable housing may apply for such fee waivers. Persons or entities building affordable
housing which uses a higher percentage median income than one hundred twenty percent (120%)
for qualification for occupancy may apply for a waiver from building permit and application fees
only if the specific project for development is being subsidized with or is leveraging state or
federal funding. as defined by state statutes or 1fomoe County Code. There are no other
waivers of permit fees. Motion carried unanimously.
ORDINANCE NO. 004-2010
Said Ordinance is incorporated herein by reference.
35
A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Monroe County Code Sections 102-55, 110-4, 110-7,
110-37, 110-69, 110-70, 110-71, 110-73, 110-98 and 110-99 to eliminate reference to employee
positions no longer in the Growth Management Division; provide for the director of planning to
perform those functions within the Division; and provide consistency in the title for the director
of planning. There was no public input. Motion was made by Commissioner Wigington and
seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 005-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Monroe County Code Sections 102-21 and 6-55 to
revise the Planning Director's qualifications and duties; eliminate the position and description of
the development review coordinator; amend the development review committee duties; relocate
within the code the duties of the building official; and eliminate the divisions of capital
improvements planning, land use planning, and environmental resources in the Monroe County
Code. 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. 006-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Monroe County Code Section 110-3, Pre-application
Conference; Eliminating references to the obsolete position of Development Review
Coordinator; Reassigning the responsibilities and duties of the Development Review Coordinator
to the Planning Director or Planning Department Staff; and Amending the time frame in which a
letter of Understanding shall be mailed to the applicant. There was no public input. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 007-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Sunshine Framing Inc. on Lot 1, Block 12, Harris Ocean Park Estates 1 st Add, Key Largo, Real
Estate Number 00450910.000000. The Board accepted public input with the following
individual addressing the Board: John J. O'Brian, Jr. Christine Hurley, Growth Management
Director discussed the matter. After discussion, motion was made by Commissioner Wigington
and seconded by Commissioner Carruthers to adopt the following Resolution in the form of a
purchase offer from the Monroe County Land Authority. Roll call vote was taken with the
following results:
Commissioner Carruthers Yes
Commissioner DiGennaro No
36
Commissioner Neugent Yes
Commissioner Wigington Yes
Mayor Murphy Yes
Motion carried.
RESOLUTION NO. 064-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by Lydia
L. Castellanos on Lot 10, Block 15, Twin Lakes, Key Largo, Real Estate Number
00550070.000000. The Board accepted public input with the following individual addressing the
Board: Lydia L. Castellanos. Christine Hurley, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Wigington to adopt the following resolution in the form of a purchase offer from
the Monroe County Land Authority. 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.
RESOLUTION NO. 065-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief made by
Miriam Candy Rodriguez on Lot 8, Block 9, Harris Ocean Park Estates 1st Addition, Key Largo,
RE: 00450150.000000. The Board accepted public input with the following individuals
addressing the Board: Attorney Andy Tobin, representing Miriam and Julio Rodriguez; and
Miriam Rodriguez. After discussion, motion was made by Commissioner Wigington and
seconded by Commissioner Carruthers to adopt the following Resolution in the form of a
purchase offer from the Monroe County Land Authority. Each Commissioner read into the
record any ex-parte communication made on the matter. 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.
37
RESOLUTION NO. 066-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider approval of an ordinance amending the land use
district map designation from Improved Subdivision (IS) to Suburban Commercial (SC) pursuant
to a request by Siever's Marine ,Inc., for property located at Mile Marker 106 in Key Largo (RE
#'s 00538170.000000, 00538180.000000, and 00538190.000000). There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 008-2010
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for January, 2010.
COUNTY ATTORNEY
The Board discussed the request for direction concerning Monroe County v. Key Largo
Ocean Resorts Coop, Inc., CA P P 96-260. The following individuals addressed the Board:
Attorney Kent Harrison Robbins, representing KLOR; and Attorney Gregory Oropeza,
representing Pedro Salva. No official action was taken.
The Board discussed the rejection of a $50 bid received in response to the County's
Request for Proposal for the Purchase of County Property on Long Key- Parcel ill: 386360. The
sole bidder has expressed an interest in negotiating with the Board for the purchase of the
property should the Board reject his $50 bid. Suzanne Hutton, County Attorney discussed the
matter. The following individual addressed the Board: Bill Pescal. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner DiGennaro to table the
item. Motion carried unanimously.
The Board discussed advertising a public hearing for adoption of an ordinance requiring
that notice be given to patients that Trauma Star is an option for inter-facility & trauma scene air
ambulance. Suzanne Hutton, County Attorney discussed the matter. The following individuals
addressed the Board: Dr. Eric Herrera, representing LKMC; and Bill Deans, representing Air
Methods. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent granting approval to advertise the item for a public hearing on March 17,
2010 at 3:00 p.m. in Marathon. Motion carried unanimously.
The Board discussed advertising a public hearing to consider enactment of an ordinance
amending Section 23-199(b)(4), Monroe County Code, to remove the "excused absence for
elected officials" exception within the Tourist Development Council absenteeism policy. After
38
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent granting approval to advertise the item for a public hearing on March 17, 2010 at 3:00
p.m. in Marathon. Motion carried unanimously.
The Board discussed ratification of a Collective Bargaining Agreement with the
Teamsters Local 769. Suzanne Hutton, County Attorney discussed the matter. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro
granting approval and authorizing execution of the item. Motion carried unanimously.
The Board discussed advertising a public hearing for an ordinance to create a Key Largo
Special Recreational District. Suzanne Hutton, County Attorney discussed the matter. After
discussion, the County Attorney withdrew the item and indicated she would put it back onto the
agenda for the March 17, 2010 Board meeting in Marathon. Motion carried unanimously.
The Board discussed a request by property owner Penny May for elimination of fines in
Code Enforcement Case CE07020284. The following individual addressed the Board: Attorney
Andrew Tobin, representing Penny May addressed the Board. Suzanne Hutton, County Attorney
discussed the matter. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner DiGennaro to settle the item in the amount of$3,750. Roll call vote
was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Murphy No
Motion failed. Motion was then made by Commissioner Wigington and seconded by
Commissioner Carruthers to settle the matter in the amount of$11,400. Roll call vote was taken
with the following results:
Commissioner Carruthers Y es
Commissioner DiGennaro No
Commissioner Neugent No
Commissioner Wigington Yes
Mayor Murphy Yes
Motion carried.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
16M c. ~
Isabel C. DeSantis, Deputy Clerk
39