03/17/2010 Regular
43
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 17, 2010
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 Neugent
granting approval of Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
MAYOR'S ANNOUNCEMENT
Mayor Murphy announced the dates for the Monroe County 2010-2030 Comprehensive
Plan Update, as follows:
Lower Keys Meeting - Tuesday, April 6, 2010, 6:00 p.m. until 7:00 p.m. (Open House
Informational Workshop) 7:00 p.m. until 8:30 p.m. (Evaluation and Appraisal Report Public
Meeting) Harvey Government Center in the Monroe County Board of County Commissioners
Chamber, 1200 Truman Avenue, Key West, FL.
Middle Keys Meeting - Wednesday, April 7, 2010, 6:00 p.m. until 7:00 p.m. (Open
House Informational Workshop) 7:00 p.m. until 8:30 p.m. (Evaluation and Appraisal Report
Public Meeting) Marathon Government Center in the Monroe County Board of County
Commissioners Chamber 2798 Overseas Highway Marathon, FL.
Upper Keys Meeting - Thursday, April 8, 2010,6:00 p.m. until 7:00 p.m. (Open House
Informational Workshop) 7:00 p.m. until 8:30 p.m. (Evaluation and Appraisal Report Public
Meeting) Murray Nelson Government Center in the Auditorium, Mile Marker 102.5, Key Largo,
FL.
44
PRESENTATION OF AWARDS
Presentation of Employee Service Award for the month of January, 2010, to Pat
Kennedy, Senior Maintenance Technician, Facilities Maintenance Department, Public Works
Division.
Proclamation celebrating the 50th anniversary of the Key West Art Center.
Proclamation celebrating April 1st through April 30th, 2010 as Water Conservation
Month in Monroe County, Florida.
Presentation of Mayor's Concurrent Proclamation proclaiming the month of April 2010
as Earth Month and April 22, as Earth Day.
Presentation of Mayor's Proclamation proclaiming the month of April, 2010 as
America's Waterway Watch in Monroe County.
Presentation of Mayors Proclamation declaring April 20, 2010 as Florida Keys Day in
Tallahassee.
Presentation of Mayor's proclamation proclaiming the month of March, 2010 as Seagrass
Awareness Month.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board adopted the following Resolution recommended by Extension Services and the
Green Initiative Task Force (GITF) that the County formally set a target goal for reduction of
greenhouse gas emissions at 20% by 2020 as measured from a 2005 baseline inventory.
RESOLUTION NO. 067-2010
Said Resolution is incorporated herein by reference.
Board granted approval to accept credit cards and debit cards for the public parking lot at
the Key West International Airport, which is currently managed by Republic Parking System.
Board granted approval to terminate contracts with Class Act Cleaning Service LLC, for
the Key West International Airport, and the Florida Keys Marathon Airport, due to
default/breach of contract and also approved the advertisement of a Request for Proposals for
Janitorial Services at the Key West International Airport, and the Florida Keys Marathon
Airport. Approval to hire the Eight B Cleaners, Inc., on a month to month basis, commencing
February 12,2010, at the Key West International Airport and the Florida Keys Marathon
Airport, pending advertising a RFP for Janitorial Services.
45
Board granted approval of Settlement Agreement between Enterprise Leasing
Corporation of Florida LLC, and Monroe County regarding the Key West International Airport.
Board granted approval of Conservation Easements for Mitigation Areas 1, 2, and 3,
pursuant to SFWMD and ACOE permitting conditions, for the Key West International Airport's
Runway Safety Area proj ect.
Board granted approval and of Amendment #0001 to the Homeless Prevention and Rapid
Re-Housing Grant Agreement (HPRP) grant agreement #KFZ28 (10/1/09 to 6/30/11) between
the State of Florida Department of Children and Families and the Monroe County Board of
County Commissioners (Community Services/Social Services).
Board granted approval of the Weatherization Assistance Program, American Recovery
and Reinvestment Act Sub-grant Agreement (ARRA WAP), Contract #10WX-7X-11-54-01-719
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 reduce the monthly energy burden on low-income households by performing work on the
homes in accordance with the Federal Department of Energy guidelines and DCA guidelines.
Board granted approval of a three (3) year renewal term for Microsoft Volume License
Agreement under the State of Florida Contract #255-001-01-1 from SHI International Corp. as
provided in quotation #3574068.
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 a First Amendment to the Art in
Public Places Agreement with Nan Thurn Kitchens d/b/a Architectural Clayworks to allow the
chose work to be exhibited in a different location at the Key West International Airport.
Board granted approval of an Extension of Time to Lease Amendment with Coast FBO,
LLC, Fixed Base Operator (FBO), at Florida Keys Marathon Airport.
Board granted approval of the Clarification of Exhibit(s) of the Thru-the-Fence
Agreement with Florida Keys Mosquito Control District.
Board adopted the following Resolutions for the Transfer of Funds, Resolutions for the
Receipt of Unanticipated Revenue, and Amending.
Amending Resolution No. 360-2009 (OMB Schedule Item No.1).
RESOLUTION NO. 068-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 358-2009 (OMB Schedule Item No.2).
RESOLUTION NO. 069-2010
46
Said Resolution is incorporated herein by reference.
Amending Resolution No. 359-2009 (OMB Schedule Item No.3).
RESOLUTION NO. 070-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 366-2009 (OMB Schedule Item No.4).
RESOLUTION NO. 071-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 342-2009 (OMB Schedule Item No.5).
RESOLUTION NO. 072-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 344-2009 (OMB Schedule Item No.6).
RESOLUTION NO. 073-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 340-2009 (OMB Schedule Item No.7).
RESOLUTION NO. 074-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 341-2009 (OMB Schedule Item No.8).
RESOLUTION NO. 075-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 076-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 077-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 078-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 079-2010
Said Resolution is incorporated herein by reference.
Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 080-2010
Said Resolution is incorporated herein by reference.
47
Amending Resolution No. 050-2010 (OMB Schedule Item No. 14).
RESOLUTION NO. 081-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 030-2010 (OMB Schedule Item No. 15).
RESOLUTION NO. 082-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 083-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 084-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 085-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 086-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 087-2010
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing for a Budget Amendment for Debt
Service Fund 207.
Board granted approval to award Public Works surplus items as described in Recap of
Bid Opening on February 18,2010. (Items 4, 5, 12, 17,20). Said listing in incorporated herein
by reference.
Board adopted the following Resolution authorizing agents of the Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and
to issue citations for violations of the Monroe County Code including requiring appearance for
disposition in County Court.
RESOLUTION NO. 088-2010
Said Resolution is incorporated herein by reference.
48
Board granted approval to advertise for construction bids for the Boca Chica Road
Restoration project. The construction will be funded by the Federal Emergency Management
Agency (FEMA).
Board granted approval of Consent to Assignment and Assignment and
Assumption Agreement by The Guidance Clinic of the Middle Keys, Inc. to Guidance/Care
Center, Inc.; and Approval of a Renewal Agreement with Guidance/Care Center, Inc. (formerly
The Guidance Clinic of the Middle Keys, Inc.) for wastewater treatment processing from the
Marathon Detention Facility.
Board granted approval of the county's required contributions to the State Medicaid
Program as required by Florida Stature 409.915.
Board granted approval of the Issuance ofa Certificate of Public Convenience and
Necessity (COPCN) to Monroe County Fire Rescue for the operation of an ALS transport
ambulance service.
Board granted approval of the Issuance ofa Certificate of Public Convenience and
Necessity (COPCN) to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response
for the operation of an ALS transport ambulance service.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and The City of Key West for mutual fire and emergency
services assistance.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and Atlantic/Key West Ambulance, Inc. for mutual fire and
emergency services assistance.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and City of Marathon for mutual fire and emergency services
assistance.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and Islamorada, Village of Islands for mutual fire and emergency
services assistance.
Board granted approval to piggyback the Palm Beach County requisition and issue a
Purchase Order to Mitigation the Simple Solution IT Solutions (MTSS) in the amount of
$50,000.00, fully grant funded and no county match, to provide emergency management
consulting services as described in their Scope of Work (SOW) to Monroe County Emergency
Management on an "as needed basis", and authorization for the County Administrator to execute
any other required documentation.
AeVISION
49
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Schooner Western Union Preservation Society, Inc. to extend
agreement for the Schooner Western Union Maritime Refit proj ect to March 31, 2011.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of a request to grant an exemption from the requirements of the
Nonresidential Rate of Growth Ordinance (NROGO) for 450 square feet of floor area for the
United Pentecostal Church ofthe Keys, a non-profit religious organization, pursuant to Policy
101.3.4 of the Year 2010 Comprehensive Plan and Sec. 138-50 ofthe Land Development Code,
with the condition that a 20-year restrictive covenant be placed on the property in favor ofthe
County that requires a NROGO allocation be obtained if any change in use or ownership occurs.
The restrictive covenant must be recorded prior to the issuance of a building permit.
RESOLUTION NO. 088a-2010 -*
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution by the Board of County Commissioners of
Monroe County, Florida correcting the codification of Ordinance 10-2006 regarding the Tier
Overlay System as set forth in the Amended Final Order ofthe Secretary ofthe Department of
Community Affairs in case number DCA07 -GM -I66A.
RESOLUTION NO. 089-2010
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution extending the deadline until March 31, 2011 for
the reservation of the "H" value and for the award of sixteen (16) affordable dwelling unit
ROGO allocations for Caya Place LLC on Big Pine Key on the eastern parcel (RE
00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine).
RESOLUTION NO. 090-2010
Said Resolution is incorporated herein by reference.
Board granted approval to create a new position of Application Analyst (pay Grade 11) at
the Marathon Growth Management Offices and under the Building Department Budget.
Board granted approval of Addendum No.4 to the Software License Agreement between
Monroe County and Sungard Public Sector Inc. to upgrade the permitting software, provide
onsite training and additional services as necessary to the Building Planning and
Environmental Resources and Code Enforcement Departments for a total amount not to exceed
$88,000.00.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a request for expenditure from the Law Enforcement Trust
Fund, as follows:
50
$5,000 - Take Stock In Children to support 40 new youth with a 50% payment of the
leadership camp experience at the Sheriffs Caruth Youth Camp.
Board granted approval of the reappointment of Mr. Peter Rosasco to the Sheriffs Shared
Asset Forfeiture Fund Board (SAFF).
Board granted approval and authorized execution of a First Amendment to the
Assignment of Lease and Bill of Sale with Telcom Systems, Ltd. to extend the lease
termination date six months.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution granting authority to the SHIP Program
Administrator, J. Manuel Castillo, Sr. to execute insurance proceeds checks for repair of covered
damage to SHIP mortgaged properties.
RESOLUTION NO. 091-2010
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board approved Commissioner Neugent's item to adopt a Resolution respectfully
opposing any decision by the Florida Legislature to cut State Aid to Public Libraries; and
directing the Clerk to forward said Resolution to the Senate President, House Speaker, and the
Monroe County Legislative Delegation.
RESOLUTION NO. 092-2010
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Carruthers' appointment of Neil McMichael to
the Florida Keys Council for People with Disabilities.
COUNTY CLERK
Board granted official approval of the Board of County Commissioner's minutes from the
meeting January 20, 2010 (previously distributed).
Board granted approval of the following Warrants: (105186-105248 and 548445-549291)
General Fund (001), in the amount of$I,330,620.60; Fine & Forfeiture Fund (101), in the
amount of$3,161,456.49; Road and Bridge Fund (102), in the amount of$48,128.38; TDC
District Two Penny (115), in the amount of $266,285.92; TDC Admin. & Promo 2 Cent
(116), in the amount of$531,100.25; TDC District 1,3 Cent (117), in the amount of
$338,911.04; TDC District 2,3 Cent (118), in the amount of$48,707.37; TDC District 3,3
Cent (119), in the amount of $66,684.28; TDC District 4,3 Cent (120), in the amount of
$122,917.34; TDC District 5,3 Cent (121), in the amount of $99,209.97; Gov. Fund Type
51
Grants (125), in the amount of$360,467.24; Fire & Amb District 1 L&M Keys (141), in the
amount of$51,664.37; Upper Keys Health Care (144), in the amount of$I,039.29; Uninc Svc
Dist Parks & Rec (147), in the amount of$40,594.34; Plan, Build, Zoning (148), in the amount
of$40,835.00; Municipal Policing (149), in the amount of $464,357.46; 911 Enhancement
Fee, in the amount of$128,246.54; Duck Key Security (152), in the amount of$4,003.70;
Local Housing Assistance (153), in the amount of$265,728.98; Boating Improvement Fund
(157), in the amount of $3,090.40; Misc. Special Revenue Fund (158), in the amount of
$77,621.71; Environmental Restoration (160), in the amount of$2,747.63; Law Enforcement
Trust (162), in the amount of$21,000.00; Court Facilities Fees-602 (163), in the amount of
$299.94; Drug Abuse Trust (164), in the amount of$2,181.89; Big Coppitt Wstewate MSTU
(169), in the amount of$4,288,75; Stock Island Wastewater (171), in the amount of$587.50;
Duck Key MSTU (176), in the amount of$998.75; Building Fund (180), in the amount of
$7,213.16; 2003 Revenue Bonds (207), in the amount of$255.00; 1 Cent Infra Surtax (304), in
the amount of $747,227.04; 2003 Revenue Bonds (307), in the amount of $886,663.42; Infr Sls
Srtx Rev Bds2007 (308), in the amount of$166,113.58; Card Sound Bridge (401), in the
amount of$2,967.65; Marathon Airport (403), in the amount of$138,443.65; Key West Inti.
Airport (404), in the amount of$131,465.75; KW AlP Series 2006 Bonds (405), in the amount
of$213,375.20 PFC & Oper Restrictions (406), in the amount of$371,984.88; MSD Solid
Waste (414), in the amount of$I,186,982.01; Worker's Compensation (501), in the amount of
$15,881.91; Group Insurance Fund (502), in the amount of$242,550.46; Risk Management
Fund (503), in the amount of $11 ,862.99; Fleet Management Fund (504), in the amount of
$69,994.24; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,635.00.
Board granted approval ofTDC expenditures for the month of February, 2010:
Advertising, in the amount of $902,541.24; Bricks & Mortar/Interlocal Projects, in the
amount of$172,043.49; Visitor Information Services, in the amount of$29,685.00; Events, in
the amount of$57,913.08; Office Supplies & Oper Costs, in the amount of$13,918.70; Public
Relations, in the amount of $62,270.64; Sales & Marketing, in the amount of$67,606.22;
Telephone & Utilities, in the amount of$30,865.07; Travel, in the amount of$19,109.38.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of the reappointment of Kim Bassett to the Health Council of
South Florida for a two year term in the category of Provider.
Board granted approval of the appointment of Arianna Nesbit to the Health Council of
South Florida for a two year term in the category of Purchaser.
52
COUNTY ATTORNEY
Board granted approval of payment in the amount of$41,803.15 to Volpe, Bajalia,
Wickes, Rogerson & Wachs, P.A. for legal services provided on behalf of Monroe County
related to wind storm insurance coverage and rates for the month of November 2009.
Board granted approval to advertise and hold a Public Hearing to consider approval of a
County Ordinance to add a section back into the Monroe County Code to provide penalties and
enforcement measures for violation of the "Monroe County Human Rights Ordinance" (Sec.
14-40 through 14-45, MCC).
Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending the Monroe County Code Section 6-198 to update the construction industry
definitions of various trades by adding new trades and eliminating some trades, to update testing
requirements for licensure as recommended by the Construction Examining Board and to make
the section easier to read by alphabetizing the trades and specialties.
Board ratified a Settlement Agreement in the matter of Roy's Trailer Park, Inc. v.
Monroe County, CA K 07-1505.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed a Resolution in support of the Boy Scouts amended application to
rename all of the Spanish Harbor Keys, including West Summerland Key, to "Scout Key". The
following individual addressed the Board: Matt Vercher, representing the South Florida Council,
Boy Scouts of America. Bob Shillinger, Chief Assistant County Attorney discussed the matter.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro to table the item to the Board's meeting of April 21, 2010 at the Harvey Government
Center in Key West. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item of a revisit by the Board of
prohibiting parking, standing, or stopping, ofvehic1es along County right-of-way on both the
north and south side of Sunrise Drive, North Sunrise Drive, and Ocean View Drive in
Tavernier, from Tarpon Street to the Atlantic Ocean. The following individuals addressed the
Board: Annando Gonzalez and Attorney Jonathan M. Raiche, representing Annando Gonzalez.
Jim Callahan, Monroe County Fire Chief discussed the matter. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Carruthers to table the
matter. Motion carried unanimously.
53
COUNTY ADMINISTRATOR
The Board discussed a Resolution directing the Supervisor of Elections of Monroe
County, Florida to place on the August 24, 2010 Election Ballot a referendum question
concerning whether the Superintendent of Schools for Monroe County should be changed from
an Elected Official to one Employed by the School Board. The following individual addressed
the Board: John Dick, Vice Chairman of the Monroe County School Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 093-2010
Said Resolution is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
The Board discussed submittal of an application to South Florida Workforce for funding
positions until September 30, 2010 and authorization for the County Administrator to execute
any other required documentation in relation to the application process. Teresa Aguiar,
Employee Services Division 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 the County's Group Health Plan Document. Teresa
Aguiar, Employee Services Division Director discussed the matter. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting
approval of the revisions to the plan document for one (1) year and directed Staff to issue a more
thorough health insurance RFP. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed negotiations with FEMA regarding proposed modifications to the
County's floodplain management ordinances and related matters. Bob Shillinger, Chief
Assistant County Attorney and Christine Hurley, Growth Management Director discussed the
matter. The following individuals addressed the Board: John November, representing Citizens
Not Serfs, and Bill Eardly. Roman Gastesi, County Administrator stated an update on the item
would be provided to the Board on a monthly basis.
The Board discussed direction regarding County Personnel Policy provisions: Preamble
Excerpt: ''No elected or appointed public servant should borrow accept gifts from the staff or any
corporation which buys services from, or sells to, or is regulated by his or her governmental
agency. If one's work brings him or her in frequent contact with firms supplying the
government, he or she must be sure to pay his or her own expenses." Policy 1.05.C. "Employees
shall not accept any gift, favor or service from any member of the public, I including but not
limited to Christmas and/or birthday gifts." The following individuals addressed the Board:
Denies Ward, Monroe County State Attorney and John November, representing Citizens Not
54
Serfs. Bob Shillinger, Chief Assistant County Attorney discussed the matter. No official action
was taken by the Board. The item was referred to the County Attorney to bring back to the
Commission for a vote a revision to the county's personnel policies and procedures.
MISCELLANEOUS BULK APPROVALS
The Board discussed a contract with William P. Horn, Architect P .A. for professional
services to develop a Master Plan for the Higgs Beach Park. The contract is in two phases.
Phase I for $55,500 is for the Master Plan Design. With community and BOCC acceptance and
approval, the Architect will be directed in writing to proceed to Phase II for $67,500 for the
production of documents required for submittal to the City of Key West for Developmental
Approval. The Contract states that the County reserves the right to terminate the Contract upon
completion. of Phase I if so desired. Total cost of Phase I and II will be $132,000. Jerry Barnett,
Project Management Director and Tina Boan, Budget & Finance Director discussed the matter.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers granting approval and authorizing execution of the item. Motion carried
unanimously.
COUNTY ADMINISTRATOR
A L,unch Meeting was held with the Board to discuss a memorandum written to Roman
Gastesi, County Administrator from Erin L. Deady, Esq., AICP of the firm Lewis, Longman &
Walker, P.A., dated February 20, 2010, concerning Numeric Nutrient Criteria - Environmental
Protection Agency (EPA) Rulemaking and Department of Environmental Protection (DEP)
Reclassification Rulemaking. Ms. Deady telephonically addressed the Board. The following
individuals also addressed the Board: Jim Reynolds, Executive Director of the Florida Keys
Aqueduct Authority; Michael Roberts, Monroe County Environmental Resources Sr. Director;
and Bob Johnson, Councilman - Islamorada, Village of Islands. Mr. Gastesi stated he would
proceed to acquire combined comments from local governments throughout the Keys in an effort
to show a united front.
MISCELLANEOUS BULK APPROVALS
The Board discussed an extension to the current Fuel Contract with Dion Oil Company
on a month-to-month basis for up to three months pending bid opening and award of a new
contract. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval
and authorizing execution of the item. Motion carried unanimously.
The Board discussed a Resolution concerning approval of Amendment 1 to the Joint
Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to
increase the total contract amount by $250,000.00 to fund operation ofthe Pigeon Key Ferry
through June 2011. Judith S. Clarke, Director of Engineering Services discussed the matter and
read into the record a correction to the resolution, as follows: Section 2: Upon execution, this
Resolution shall be marked as "Exhibit l) E" and made a part ofthe Joint Participation
55
Agreement. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 094-2010
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacancy on the Tourist Development Council District III
Advisory Committee for an "At Large" appointment.
The Board discussed the approval of one "At Large" appointment to the Tourist
Development Council District I Advisory Committee. Motion was made by Commissioner
Carruthers and seconded by Commissioner DiGennaro nominating Justin Seguin as an "At
Large" appointment to the Tourist Development Council District I Advisory Committee. Motion
carried unanimously.
CLOSED SESSIONS
The Board acknowledged the request of Bob Shillinger, Chief Assistant County Attorney
for the Attorney-Client Closed Session of the Board of County Commissioners in the matter of
Donald Barton v. Monroe County, CA K 09-917 and the consolidated matter of Donald Barton v.
Stewart Andrews, CA K 03-1107, to be continued to the Board's meeting of April 21, 2010 at
1 :30 P.M. at the Harvey Government Center in Key West.
STAFF REPORTS
AIRPORTS - Roman Gastesi, County Administrator announced that the passenger
figures for January were compiled. During that month, the six airlines serving the Key West
International AiIport carried a total of 51,704 passengers. This is an astonishing 20.1 % increase
over January of2009.
GROWTH MANAGEMENT - Christine Hurley, Growth Management Director also
announced the dates, as did Mayor MUIphy at the beginning of the today's meeting, concerning
the public informational meetings being held with the Growth Management Department and the
county's consulting firm of Keith & Schnars for the Evaluation and Appraisal Report (EAR) and
the Monroe County 2010-2030 Comprehensive Plan Update. Ms. Hurley also announced the
dates of the Tier Designation Review Committee scheduled to be held on March 25th and 26th,
2010 starting at 2 PM at the Murray Nelson Government Center in the Auditorium, Mile Marker
102.5, Key IJargo, FL.
PUBLIC WORKS
The Board discussed direction on whether to negotiate renewal of the non-exclusive
contract with Clear Channel Outdoor, Inc., for constructing and maintaining bus shelters on
~ REVISION
...
56
County and DOT rights of way for the purposes of selling and placing advertising within shelters
or go out for proposals. Judith S. Clarke, Director of Engineering Services discussed the matter.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent granting approval and authorizing execution ofthe item for the period of
one (1) year. Motion carried unanimously.
STAFF REPORTS
PUBLIC WORKS - Dent Pierce, Public Works Director discussed the status of Senate
Bill 570 which mandates increased recycling.
DIVISION OF GROWTH MANAGEMENT
The Board discussed an Amendment to the Transportation Planning Assistance Contract
with URS Corporation Southern to increase the compensation by $18,015.34 from $406,000 to
$424,015.34. Christine Hurley, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner ~
Carruthers approving the item and to go out to a Request for Proposal once the FDOT money is ^
used up. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Mayor Murphy's item in support of naming the Florida Department
of Transportation's north business access road located off of J ewfish Creek Bridge as "Gilberts
Resort Drive." The Mayor requested for the County Administrator to discuss this item at his
upcoming meeting with representatives from the Florida Department of Transportation. After
discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent to adopt the following Resolution. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner DiGennaro Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Murphy Yes
RESOLUTION NO. 095-2010
Said Resolution is incorporated herein by reference.
The Board discussed Commissioner Carruthers' item with possible directives to Staff
regarding the upcoming door-to-door census survey scheduled to begin 3/22/10. Commissioner
Carruthers' requested that Staff work with any of the public utilities to see if language could be
added on the utility bills to encourage completion of the 2010 U.S. Census. In addition, a
verification phone number should be readily available to the public should there be any questions
regarding the upcoming door-to-door census survey.
57
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator updated the Board on the following matters:
Upcoming committee meetings on the county's wastewater bill in Tallahassee; NACO
Conference held in Washington; Meeting held with EPA concerning $3.6 in funding; and a
meeting held with USDA concerning funding for rural counties. Mr. Gastesi also referred the
Board to his written County Divisions' Monthly Activity Report for February, 2010.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the class action suit against
Priceline.com.
WASTEWATER ISSUES
Judith S. Clarke, Director of Engineering Services referred the Board to the written
Engineering Division - Wastewater Projects - February 2010 Status Reported, dated March 17,
2010. Ms. Clarke also discussed a Change Order for the Duck Key Wastewater Project to
include odor control equipment in the amount of $200,000.
PUBLIC HEARINGS
A Public Hearing was held to consider a Resolution by the Board of County
Commissioners approving the request for Administrative Relief made by Thomas Carl & Judy
Michelle Rothdeuthsch, described as Lot 14, Block 1, Torchwood West Unit One, Big Torch
Key, Real Estate Number 00243621.001400. Christine Hurley, Growth Management Director
discussed the matter. The Board accepted public input with the following individual addressing
the Board: Thomas Rothdeutsch. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to continue the hearing to the Board's
meeting of June 16, 2010 in the Marathon Government Center at 3 PM. Motion carried
unanimously.
A Public Hearing was held to consider an Ordinance of the Board of County
Commissioners of Monroe County, Florida, requiring that patients requiring emergency air
transport shall be given notice of the availability of Trauma Star; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into
the Monroe County Code of Ordinances, and Providing an effective date. The Board accepted
public input with the following individuals addressing the Board: Billy Deans, Dean C. Dow,
representing Air Methods; Rose Chan, M.D.; Nicki Will, M.D.; William, Hollis, Kim Bassett,
representing Fishermen's Hospital; Carol Chabinak, Sandra Schwemmer, Bruce Boros, M.D.;
and Brooks Bateman, representing the Monroe County Sheriffs Office. Jim Callahan, Monroe
County Fire Chief discussed the matter. The Clerk read into the record a letter from Marilyn
Ayala, representing Mariners Hospital - Patient & Guest Services Manager. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to
58
table the item for ninety (90) days to Board's meeting of June 16, 2010 in the Marathon
Government Center at 3 PM.
Mayor Murphy excused herself from the meeting. Commissioner DiGennaro excused
himself from the remainder of the meeting.
A Public Hearing was held to consider the Special Magistrate's Recommended Order
regarding the Beneficial Use Determination Application of Gerald and Katherine Walsh, and
denying the relief sought by applicants. There was no public input. Motion was made by
Commissioner Wigington and seconded by Commissioner Neugent to adopt the following
Resolution. Bob Shillinger, Chief Assistant County Attorney discussed the matter. Motion
carried unanimously, with Mayor Murphy and Commissioner DiGennaro not present.
RESOLUTION NO. 096-2010
Said Resolution is incorporated herein by reference.
Mayor Murphy returned to the meeting and took her seat.
A Public Hearing was held to consider adoption of an Ordinance of the Board of County
Commissioners of Monroe County, Florida amending Section 21-46 of the Monroe County
Code; Amending Sections 21-74 and 21-74(2)(a) of the Monroe County Code; Amending
Section 23-76{ a) of the Monroe County Code; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date. Bob Shillinger, Chief Assistant
County Attorney indicated that staffhas requested the item be continued. Motion was made by
Commissioner Neugent and seconded by Commissioner Carruthers to continue the item to the
Board's meeting of April 21, 2010 in the Harvey Government Center in Key West at 3 PM.
Motion carried unanimously, with Commissioner DiGennaro not present.
A Public Hearing was held to consider enactment of an Ordinance amending Section 23-
199(b )( 4), Monroe County Code, Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances, and Providing an effective date. There was no public input. Motion was made by
Commissioner Wigington and seconded by Commissioner Neugent to adopt the following
Ordinance. Motion carried unanimously, with Commissioner DiGennaro not present.
ORDINANCE NO. 009-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Monroe
County Code Chapter 2, Providing for prohibition against receipt of a commission or other
compensation for a transaction recommended or approved by a public officer's board or a public
employee's agency; Providing for severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances,
and Providing an effective date. There was no public input. Motion was made by Commissioner
59
Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion
carried unanimously, with Commissioner DiGennaro not present.
ORDINANCE NO. 010-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Priscilla
Davis on property described as Lot 16, Block 2, Cudjoe Gardens 2nd Addition, Cudjoe Key,
Real Estate Number 00173550.000000 in the form of one (1) Dwelling Unit Allocation Award.
There was no public input. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously, with
Commissioner DiGennaro not present.
RESOLUTION NO. 097-2010
Said Resolution is incorporated herein by reference.
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
~aLJe. ~
Isabel C. DeSantis, Deputy Clerk