05/19/2010 Regular
82
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 19, 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 & Cultural 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 ofthe press and radio; and the general
public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to add to the agenda Item LA for consideration of a Professional services contract in
the amount of$4,750 with Meridian Community Services Group, Inc. for the preparation and
submittal of the FFY 2009 and FFY 2010 Small Cities Community Block Development Grant
(CDBG) application based on the Monroe County Purchasing Policy sole source exemption.
Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to add to the agenda Item L.5 for consideration to hold and advertise a Fair Housing
Information Meeting to enhance Small Cities Community Block Development Grant (CDBG)
application points. Motion carried unanimously.
Motion was made by Commissioner DiGennaro and seconded by Mayor Murphy to add
to the agenda Item 014 for consideration of an Interlocal Agreement between the Monroe
County School District, the Monroe County Sheriffs Office and the Monroe County Board of
County Commissioners to fund the 2010 Summer Recreation Program. Motion carried
unanimously.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Carruthers to add to the agenda Item 015 to discuss the possible emergency conditions in the
Florida Keys resulting from Deep Water Horizon Oil Spill, asking the governor to include
Monroe County in the declaration of State of Emergency Executive Orders governing responses
to the Oil Spill, including potential actions such as contracting with providers for protective
measures. Motion carried unanimously.
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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 Mayor's Proclamation declaring the week of May 22-28,2010 as Safe
Boating Week in Monroe County.
Presentation of Mayor's Proclamation celebrating Mote Marine Laboratory's 55th
anniversary and the week of June 13-19 as Mote Marine Laboratory Week in Monroe County.
Presentation by the Students Peace Alliance to dedicate, with a plaque, a portion of all
Monroe County Parks as a Community Peace Park. Motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution in
support of the item. Motion carried unanimously.
RESOLUTION NO. 124-2010
Said Resolution is incorporated herein by reference.
BULK APPROVALS
Motion was made by Mayor Murphy and seconded by Commissioner Neugent granting
approval of the following items by unanimous consent:
Board granted approval for the Friends of the Key West International Airport to hold an
Airport Open House at Key West International Airport on February 5,2011.
Board granted approval for the Mayor to execute Airports Federal Aviation
Administration and Florida Department of Transportation Grants as received, to meet deadlines
for return to granting agency, and expedite use of grant funds. Grants to be ratified by the
County Commission at the next County Commission meeting.
Board granted approval of award of bid to Gardens of Eden of the Florida Keys for
landscaping services at the Key West International Airport.
Board granted approval and authorized execution of a Supplemental Joint Participation
Agreement APT62 between Monroe County and the Florida Department of Transportation for
additional 100% funding for Security Upgrades at the Key West International Airport.
Board granted approval and authorized execution of Amendment #005 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 7/1/09 to 6/30/10.
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Board granted approval of receipt of monthly report on Change Orders reviewed by the
County Administrator's Office. Said report is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and Pedro Falcon Electrical Contractors, Inc. for construction of new exterior stairs at the East
Martello Towers.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and Bender & Associates Architects, P.A. for the Design through
Contract Administration for the replacement of the perimeter fencing at the West Martello
Towers.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and Bender & Associates Architects, P.A. for the repair and
stabilization of Brick and Mortar at the East Martello Towers.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and Bender & Associates Architects, P.A. for the repair and
stabilization of Brick and Mortar at the West Martello Towers.
Board granted approval and authorized execution of a Contract between Monroe County
and Bender & Associates Architects for Construction Administration Services for the East
Martello Tower Restroom Project.
Board granted approval of the Consent to Assignment of the contract for Maintenance
and Annual Reporting of the Environmental Wetland Mitigation at the Medical Examiner's
Facility from BAT Construction, Inc. to Terramar Environmental Services, Inc.
Board granted approval to rescind 1st Amendment to Joint Use Park Interlocal
Agreement between Monroe County and Monroe County School Board regarding Sugarloaf
School Park.
Board granted approval for the Public Works Division to utilize three (3) PACE
American equipment trailers for equipment storage and transport needs, and the delineators
stored there for general roadway/traffic needs.
Board granted approval to transfer title of County vehicle number 2000-823 (serial
number 1 FAFP36P 1 YW375728) to the Marathon Wild Bird Center, Inc.
Board granted approval to go out for bids for Bio-Diesel Fuel Supplier and approval to
extend the current Bio-Diesel Fuel Contract with Blaylock Oil Co. on a month to month basis,
for up to three months, pending completion of the bid process and award of a new contract.
Board granted approval and authorized execution of 2nd Amendment to Agreement
between Monroe County and Humane Animal Care Coalition, Inc. for operation of the Key
Largo Animal Shelter.
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Board granted approval and authorized execution of an Agreement between Monroe
County and Congresswoman Ileana Ross-Lehtinen for office space at the Murray E. Nelson
Government and Cultural Center in Key Largo.
Board granted approval to amend the Agreement and exercise the second and final option
to renew the Contract between Monroe County and U.S. Water Services Corporation for the
operation and maintenance of the sewage treatment plant at the Roth Building.
Board adopted the following Resolutions concerning the transfer of funds and the receipt
of unanticipated funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 125-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 126-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 127-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 128-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 129-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 130-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 131-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 132-2010
Said Resolution is incorporated herein by reference.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Keys Security Inc. for an amount not to exceed $60,000.00 per year at the
rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District.
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Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Power & Light Company (FPL) in the amount of $250,000.00, fully grant
funded and no county match, concerning Radiological Preparedness for Fiscal Year 2010 and
Fiscal Year 2011; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Board granted approval and authorized execution of Modification 1 between Monroe
County and the State of Florida, Division of Emergency Management to extend expiration date
of the Fiscal Year 2008 State Homeland Security Grant Program Agreement (SHSGP) 09DS-51-
-11-54-01-338, fully grant funded and no county match, to December 31,2010, and
authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Board granted approval and authorized execution of Federal Fiscal Year 2009 State
Homeland Security Grant Program Agreement No. lODS-39-11-54-01 (SHSGP) between
Monroe County the State of Florida, Division of Emergency Management, 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 and authorized execution of Modification 1 to extend expiration
date from April 30, 2010 to December 31,2010 in the Agreement between Monroe County and
American Coach Lines of Miami Inc. to provide additional emergency transportation services to
Monroe County residents, guests, workforce and their appropriately caged or crated pets during
the evacuation, re-entry and recovery phase of an emergency as determined by Monroe County
Emergency Management, and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
Board granted approval to award bid and authorized execution of an Agreement between
the Board of Governors, Fire and Ambulance District 1 of Monroe County and Advanced Data
Processing Inc. (d/b/a ADPI-Intermedix) for ground and air rescue transport billing and related
professional services.
Board granted approval of Consent to Assignment and Assignment and Assumption
Agreement between Synagro South, LLC and US Water Services Corporation and execution of
Consent of Monroe County Board of County Commissioners to Assignment and Assumption.
Board granted approval and authorized execution of a Lease and Concession Agreement
between Monroe County and Avis Rent A Car System, Inc. to operate an automobile rental
concession at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of a Lease and Concession Agreement
between Monroe County and Budget Rent A Car System, Inc. to operate an automobile rental
concession at the Florida Keys Marathon Airport.
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Board granted approval and authorized execution of a Lease and Concession Agreement
between Monroe County and Enterprise Rent A Car System, Inc. to operate an automobile rental
concession at the Florida Keys Marathon Airport.
Board granted approval of award of bid and authorized execution of a Contract for
Janitorial Services at the Florida Keys Marathon Airport between Monroe County and Jayne's
Cleaning Service, Inc., in the amount of$27,600 annually.
Board granted approval and authorized execution ofthe Employee Assistance Program
Contract between Monroe County and Horizon Health, an Aetna Company.
Board granted approval to solicit proposals for an Employee Benefits Consultant.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Newman PR to extend agreement for two additional years, and
adjust yearly compensation.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Cellet Travel Services Ltd. to extend agreement for twenty- four
(24) additional months.
Board granted approval of an Out of County Advertising Policy for the Monroe County
Tourist Development Council Operations Manual.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Eco-Week, Inc. to revise date of the production ofEco-Week 2010.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Upper Keys Business Group, Inc. to revise funding allocation;
Schedule of Events and Budget for the Key Largo Sinters & Songwriters Festival in May, 2010.
Board granted approval for Monroe County to provide general grounds maintenance
services for a Key Largo Welcome sign.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of Amendment No.6 to the Agreement
between Monroe County and DRC Emergency Services LLC (DRC) amending the procedures
for disposal of traps, amending the trap disposal fee structure, and extending the Agreement for a
fourth one (I) year period.
Board granted approval to re-appoint Gary Centonze to one (1) additional three (3) year
term to the Contractor's Examining Board beginning May 19, 2010.
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Board granted approval to re-appoint Steve R. Henson to one (1) additional three (3) year
term to the Contractor's Examining Board beginning May 19,2010.
Board granted approval of Subordination Agreement between Monroe County and
Northstar Resort Enterprises, Inc. for the Lakeview Gardens affordable housing project in Key
Largo.
Board granted approval and authorized execution of Restoration Agreement between
Monroe County and the National Audubon Society, Inc. for restoration of a freshwater wetland
on Big Pine Key.
Board granted approval to withdraw a National Scenic Byways Grant (SB-2008-FL-
54821) from Florida Department of Transportation (FDOT) Work Program (FM 4260601) and
for the Mayor to submit a withdrawal letter to the FDOT.
Board granted approval and authorized execution of Amendment No.5 ofthe
Transportation Planning Contract between Monroe County and URS Corporation Southern to
increase the compensation $150,000 from $424,015.34 to $574,015.34.
Board granted approval and authorized execution of Fourth Amendment to the
Agreement between Monroe County and Greenberg Traurig P.A. for the consulting services of
Kenneth Metcalf, extending the contract expiration date, and increasing the amount payable by
$25,000.00 to an amount not to exceed $86,000.00.
WASTEWATER ISSUES
Board granted approval and authorized execution of Amendment No. I to State
Revolving Loan Fund Agreement WW602090 between Monroe County and Florida Water
Pollution Control Financing Corporation.
Board granted approval and authorized execution of FFY 2008 Disaster Recovery
Contract IODB-K4-11-54-02-K24 between Monroe County and the State of Florida, Department
of Community Affairs.
Board granted approval and authorized execution of a Professional Services Contract in
the amount of $4,750 with Meridian Community Services Group, Inc. for the preparation and
submittal of the FFY 2009 and FFY 2010 Small Cities Community Block Development Grant
(CDBG) application based on the Monroe County Purchasing Policy sole source exemption.
Board granted approval to hold and advertise a Fair Housing Information Meeting to
enhance Small Cities Community Block Development Grant (CDBG) application points.
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MONROE COUNTY COURT ADMINISTRATION
Board granted approval to amend the current Agreement with Court Options, Inc. to
provide for two (2) two-year options to renew rather than four (4) one-year options to renew.
Court Options is the provider of misdemeanor probation services countywide.
Board granted approval to exercise option with Court Options, Inc. for one additional
two-year term beginning August 1,2010 and ending July 31,2012. Court Options is the current
provider of misdemeanor probation services countywide.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Monroe County Sheriffs Office to apply for reimbursement of
funds from the UASI FY 2008 GrantIHomeland Security Office of Domestic Preparedness with
the City of Miami. $201,720.00 from the grant will be used to purchase equipment approved by
the granting agency.
COMMISSIONERS'ITEMS
Board granted approval of Mayor Murphy's reappointment of Jacklyn R. Harder to the
South Florida Workforce Investment Board for a term oftwo years ending on May 19, 2012.
Board granted approval of Mayor Murphy's reappointment of Bill Gordon to the Florida
Keys Council for People with Disabilities for a term of three years ending on May 1, 2013.
Board granted approval of Mayor Murphy's reappointment of Mimi Stafford to the
Marine & Port Advisory Committee for a term of three years ending on May 19,2013.
Board granted approval of Mayor Murphy's appointment ofRaiette Avail to the South
Florida Behavioral Health Network, Inc. for a term of two years ending on May 19, 2012.
Board granted approval of Commissioner Neugent's appointment of Richard Tanner to
the Marine & Port Advisory Committee, replacing Doug Gregory, with a term ending May 18,
2013.
Board granted approval of Commissioner Wigington's appointment of Robert Padron to
the Key West International Ad-Hoc Committee on Noise, replacing Marci Peterson, with a term
through the duration of committee.
Board granted approval of Commissioner Wigington's reappointment of Robert Mongelli
to the Marine & Port Advisory Committee.
Board granted approval of Commissioner DiGennaro's reappointment ofMerlynn Boback
to the Duck Key Security District Advisory Board with a term ending June 1,2013.
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COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
March 17,2010 meeting (previously distributed).
Board granted approval ofthe following Warrants: (105341 - 105428 and 550471 _
551374) General Fund (001), in the amount of$3,197,995.89; Fine & Forfeiture Fund (101),
in the amount of$3,219,228.45; Road and Bridge Fund (102), in the amount of$109,888.69;
TDC District Two Penny (115), in the amount of$482,241.48; TDC Admin. & Promo 2 Cent
(116), in the amount of $1 ,300,342.68; TDC District 1,3 Cent (117), in the amount of
$1,129,180.68; TDC District 2,3 Cent (118), in the amount of$109,693.77; TDC District 3,3
Cent (119), in the amount of $272,541.96; TDC District 4,3 Cent (120), in the amount of
$302,940.57; TDC District 5,3 Cent (121), in the amount of $235,984.28; Gov. Fund Type
Grants (125), in the amount of $246,469.28; Fire & Amb District 1 L&M Keys (141), in the
amount of$231,430.20; Upper Keys Health Care (144), in the amount of$15,127.29; Uninc
Svc Dist Parks & Rec (147), in the amount of$45,783.05; Plan, Build, Zoning (148), in the
amount of$60,557.19; Municipal Policing (149), in the amount of$483,065.01; 911
Enhancement Fee (150), in the amount of$43,073.98; Duck Key Security (152), in the amount
of $3,996.49; Local Housing Assistance (153), in the amount of$260,026.00; Boating
Improvement Fund (157), in the amount of$27,814.86; Misc. Special Revenue Fund (158), in
the amount of$44,866.08; Environmental Restoration (160), in the amount of$2,598.90;
Drug Abuse Trust (164), in the amount of$3,528.54; Building Fund (180), in the amount of
$52,583.67; 1 Cent Infra Surtax (304), in the amount of$766,637.59; 2003 Revenue Bonds
(307), in the amount of$7,342.00; Infr Sls Srtx Rev Bds2007 (308), in the amount of
$1,785,314.95; Card Sound Bridge (401), in the amount of$8,905.48; Marathon Airport
(403), in the amount of -$52,745.46; Key West IntI. Airport (404), in the amount of
$509,600.07; KW AlP Series 2006 Bonds (405), in the amount of$408,743.11; PFC & Oper
Restrictions (406), in the amount of$129,439.69; MSD Solid Waste (414), in the amount of
$641,822.11; Worker's Compensation (501), in the amount of$41,161.01; Group Insurance
Fund (502), in the amount of$174,694.35; Risk Management Fund (503), in the amount of
$322,869.25; Fleet Management Fund (504), in the amount of$53,621.08; Fire&EMS
LOSAP Trust Fund (610), in the amount of$1,635.00.
Board granted approval of TDC expenditures for the month of April, 2010: Advertising,
in the amount of$3,162,634.13; Bricks & Mortar/lnterlocal Projects, in the amount of
$104,772.98; Visitor Information Services, in the amount of $24,602.00; Events, in the amount
of$102,939.08; Office Supplies & Oper Costs, in the amount of$67,932.55; Personal
Services, in the amount of$70,295.28; Public Relations, in the amount of$161,089.1O; Sales &
Marketing, in the amount of$109,591.84; Telephone & Utilities, in the amount of$20,107.55;
Travel, in the amount of$8,960.91.
Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
Board granted approval to exercise the option in Section 3 of the Contract between
Monroe County and the firm of Cherry, Bekaert & Holland LLP to conduct the county audit as
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required by F.S. 218.391, extending the term of engagement for the Fiscal Years ending
September 30, 2010 and September 30,2011 with no increase in the contract amount.
COUNTY ATTORNEY
Board granted approval of Use of new Oath of Office Form for Advisory Board
Members.
Board granted approval of ratification of the Microsoft Enterprise Enrollment, State and
Local Amendment CTX-000-cgodrey-S-026 approved by the Board on April 21, 2010 (CIS) but,
following approval found to have been inadvertently'omitted from the revised agenda backup for
this item.
Board granted approval to advertise a Public Hearing for an Ordinance amending Monroe
County Code Section 2-148, definitions of lobbyist and principal.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed a resolution supporting the South Florida and Treasure Coast
Regional Planning Council in preparing a joint, regional application to U.S. HUn for funding
under the federal Sustainable Communities Initiative for the seven county region of Southeast
Florida, including Monroe County. The South Florida Regional Planning Commission has asked
each of the seven counties, as well as other potential regional partners, for a resolution of support
to formalize its interest in participating in the initiative and to accompany the application. The
following individual addressed the Board: Carolyn A. Dekle, representing the South Florida
Regional Planning Council. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers to adopt the following Resolution supporting the
Regional Planning Councils of Southeast Florida in preparing a Comprehensive Joint
Application under the Federal Sustainable Communities Initiative and establishing a working
partnership with local governments, appropriate water resource, environmental, human services,
housing, and transportation agencies, nonprofits, academia, and private sector organizations.
Motion carried unanimously.
RESOLUTION NO. 133-2010
Said Resolution is incorporated herein by reference.
The Board discussed a waiver of purchasing policies and procedures in award of Key
West International Airport Security Systems Improvements. Peter Horton, Airports Director
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner DiGennaro granting approval of the waiver of purchasing policies
and procedures in award of Key West International Airport Security Systems to Integrated Fire
& Security Solutions (IFSS) in the total amount of$230,557.17. Motion carried unanimously.
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MISCELLANEOUS
Commissioner DiGennaro informed the Board he has been appointed by Governor
Charlie Crist to the Gulf Oil Spill Economic Task Force.
COUNTY ATTORNEY
Motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval to waive the notice requirements to hold a Public Hearing to
consider adoption of an emergency ordinance relating to oil pollution cost recovery. Motion
carried unanimously.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Heather Carruthers, Mayor Sylvia Murphy,
Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. City of Layton
Mayor Norman Anderson was absent.
J ames Callahan, Monroe County Fire Chief discussed the matter. Motion was made by
Mayor Murphy and seconded by Commissioner Carruthers granting approval to award bid and
enter into an Agreement between the Board of Governors Fire and Ambulance District 1 of
Monroe County and Advanced Data Processing Inc. (dba ADPI-Intermedix) for ground and air
rescue transport billing and related professional services. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors for the Fire and
Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all Commissioners
present.
STAFF REPORTS
Growth Management - Christine Hurley, Division Director provided the Board with a
timeline concerning the Wisteria Island - Future Land Use Map Amendment and Comprehensive
Plan Text Amendment: May 25, 2010 at 10 am - Development Review Committee Public
Hearing - to be held in the Marathon Government Center, 2798 Overseas Highway, Suite 400,
Marathon, FL; May 26, 2010 at lOam - Planning Commission Public Hearing - to be held in the
Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL; May 27,2010
at 3 PM - City of Key West Development Review Committee; May 27, 2010; - Public Input
Meeting in Key West - 7 PM - Harvey Government Center, 1200 Truman Avenue, Key West,
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FI; June 9, 2010 at lOam - Planning Commission Public Hearing - to be held in the Marathon
Government Center Commission Room, 2798 Overseas Highway, Suite 400, Marathon, FL;
June 29, 2010 at 10 am - Board of County Commissioners (BOCC) Public Hearing to
TRANSMIT the proposed Future Land Use Map Amendment (FLUMA) and the proposed
Future Land Use Element Special Area Policy Text Amendment (TA) - to be held at the
Marathon Government Center Commission Room, 2798 Overseas Highway, Suite 400,
Marathon, FL.
Ms. Hurley updated the Board concerning discussions held in Atlanta with FEMA
representatives regarding the pilot/inspection program and the Declaration 1316 Letter. Roman
Gastesi, County Administrator also discussed the FEMA meeting.
PUBLIC WORKS
The Board discussed Resolution No. 060-2010 prohibiting the parking, standing or
stopping of vehicles along the County right of way on both the north and south side of Sunrise
Drive, North Sunrise Drive and Ocean View in Tavernier, from Tarpon Street to the Atlantic
Ocean. The following individual addressed the Board: Gilbert Sanchez. Dent Pierce, Public
Works Director discussed the matter. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner DiGennaro for signs to be installed which read "No
Parking on Pavement" and "No Parking at the End of the Road" on all three (3) streets. Motion
carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a resolution establishing the monetary value of a single Rate of
Growth Ordinance/Non-Residential Rate of Growth Ordinance (ROGO/NROGO) allocation
system competition point for purposes of payment by applicants in the ROGOINROGO system
with a maximum of 2 points available per application. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 134-2010
Said Resolution is incorporated herein by reference.
The Board discussed a First Amendment to the Agreement with Reid Ewing for
Consulting Services in connection with hurricane modeling, increasing original contract by
$15,000.00. Christine Hurley, Growth Management Director discussed the matter. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
DiGennaro granting approval and authorizing execution ofthe item. Motion carried
unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item concerning a Resolution supporting
the Keep America Beautiful organization in the Florida Keys and encouraging the creation of a
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Keep the Florida Keys Beautiful affiliate committee. The following individual addressed the
Board: Stephen Sunday, representing Keep the Florida Keys Beautiful. Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Carruthers to adopt the following Resolution. Roll call vote was
unammous.
RESOLUTION NO. 135-2010
Said Resolution is incorporated herein by reference.
The Board discussed Commissioner DiGennaro's item concerning direction to Staff to
correct an impediment access for disabled persons at the Higgs Beach Dog Park in Key West.
After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor
Murphy to make the Higgs Beach Dog Park handicap accessible under the guidance of Public
Works. Motion carried unanimously.
PUBLIC WORKS
Aileen Boucle', AICP, representing the State of Florida Department of Transportation,
(FDOT) - District 6 gave a slide presentation on HORIZON 2060, an update ofthe Florida
Transportation Plan (FTP).
MISCELLANEOUS
Mayor Murphy informed the Board she will bring to the Board at its' next meeting, an
agenda item to evaluate the County Administrator.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator reported that he had met his two (2) year
employment anniversary last week and discussed a 360 Evaluation. Mr. Gastesi then referred the
Board to the written County Divisions' Monthly Activity Report for April, 2010 - dated May 4,
2010.
COMMISSIONERS' ITEMS
The Board discussed Mayor Murphy's item concerning an Interlocal Agreement between
the Monroe County School District, the Monroe County Sheriffs Office and Monroe County to
fund the 2010 Summer Recreation Program in the amount of$lO,OOO. Tina Boan, Budget
Director discussed the matter. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner DiGennaro granting approval and authorizing execution of the
Interlocal Agreement. Roll call vote was unanimous.
COUNTY ATTORNEY
The Board discussed a Resolution limiting the amount of time Staff can expend on
projects initiated by special interest (individual or group) without seeking approval from BOCC
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to further expend resources ofthe County. Suzanne Hutton, County Attorney discussed the
matter. After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent to table the matter and continue to the Board's meeting of June 16,2010
in Marathon. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board discussed the direction of Last Stand's request to have the Tier Designation
Review Committee (TDRC) review additional parcels which currently have approved tiers, over
and above the tierless properties in Monroe County required to be reviewed. Christine Hurley,
Growth Management Director discussed the matter. The following individuals addressed the
Board: Ron Miller and Richard Grosso. After discussion, motion was made by Mayor Murphy
and seconded by Commissioner DiGennaro directing Staffto bring forward the 171 to 249
parcels that have been submitted by Last Stand on maps to the Tier Designation Review
Committee for review. After the TDRC reviews and makes recommendations on the tierless
properties, then Staffis to process the 171-249 parcels through the public hearing process
including Development Review Committee, Planning Commission, and Board of County
Commission public hearings, separate from the tierless properties. Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers item concerning a Resolution by the
Board of County Commissioners of Monroe County, Florida, reconfirming our commitment to
protecting Florida from offshore drilling and exploration; and Commissioner DiGennaro's item
supporting a Constitutional Amendment banning oil drilling off the Florida coast and supporting
the required voter referendum to be placed on the November 2010 ballot to protect the State of
Florida from offshore drilling and exploration. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following
Resolution, as amended, to include encouraging the Governor to call a Special Session in order
to place a Constitutional Amendment on the November 2010 General Election prohibiting oil
drilling in state waters. Roll call vote was unanimous. The following individual addressed the
Board: Ron Miller.
RESOLUTION NO. 136-2010
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers that any Resolution supported by the Board concerning oil drilling whether directed
to the Federal or State Government (including the above resolution and the following letter)
contain provisions for enhanced oversight, safety and contingency plans for the reclamation of
oil spills. Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington
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directing the County Administrator to send a letter to President Obama in opposition of the
drilling for oil and gas off Florida. Motion carried unanimously.
State Representative Ron Saunders addressed the Board. After discussion, motion was
made by Commissioner Wigington and seconded by Commissioner DiGennaro to ask the
Governor to consider including Monroe County in declaration of State of Emergency Executive
Orders. Roll call vote was unanimous.
COUNTY ATTORNEY
A Public Hearing was held to consider adoption of an emergency Ordinance of Monroe
County, Florida amending Chapter 12, of the Monroe County Code by creating Article VI. Oil
Pollution Cost Recovery (Sec. 12-140 through Sec. 12-143); Providing for immediate enactment
as an Emergency Ordinance by a unanimous vote ofthe Board pursuant to F. S. 125.66(3) to
waive notice of a Public Hearing; 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 DiGennaro and seconded by Commissioner Carruthers to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 014-2010
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Carruthers' item concerning an update from Marilyn
E. Stephens, Census Bureau Partnership Specialist for South Florida. Following the update from
Ms. Stephens, Sue Heim addressed the Board.
PUBLIC HEARINGS
A Public Hearing was held to consider a Resolution for a Budget Amendment for Fiscal
Year 2010 Bay Point Municipal Service Taxing Unit Fund 168, Big Coppitt Municipal Service
Taxing Unit Fund 169, Stock Island Municipal Service Taxing Unit Fund 171, Cudjoe/Sugarloaf
Municipal Service Taxing Unit Fund 172, Long Key/Layton Municipal Service Taxing Unit
Fund 175 and Duck Key Municipal Service Taxing Unit Fund 176. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Wigington to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 137-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners repealing and rescinding Ordinance No. 038-2006 amending
Table 4.1 Five-Year Schedule of Capital Improvements of the Year 2010 Comprehensive Plan;
Providing for Severability; Providing for repeal of inconsistent provisions; Providing for
transmittal to the Department of Community Affairs and the Secretary of State; Providing for an
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effective date. 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. 015-2010
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 repealing and rescinding Ordinance No. 029-2008 adopting an
Amendment to the Year 2010 Monroe County Comprehensive Plan and amending Section 4.0
Capital Improvements Implementation; Providing for Severability; Providing for repeal of
inconsistent provisions; Providing for transmittal to the Department of Community Affairs and
the Secretary of State; Providing for an effective date. 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. 016-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Kerry M.
& Michelle C. Marsh on Unit 20, Blue Harbor Club Inc. a condominium & an undivided interest
in common elements, Blue Waters Tr. Village Sec. 4, Key Largo, Real Estate Number
00489136.018721 in the form of one (1) Dwelling Unit Allocation. There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 138-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Robert C.
Stokyon Lot 13, Block 11, Largo Sound Village, Key Largo, Real Estate Number
00476230.000100 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.
RESOLUTION NO. 139-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Gordon K.
& Marie Johnson on Lot 23, Block 3, Buccaneer Point, Key Largo, Real Estate Number
00496131.005600 in the form of one (1) Dwelling Unit Allocation. There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 140-2010
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider a request for Administrative Relief for Rolando R
H & Nilda R. Santos Trustees (Rolando R H & Nilda R Santos Irrevo TR AG 10/7/7/98) on Lot
11, Block 2, Ocean Isle Estates, Key Largo, Real Estate Number 00538410.000000 in the form
of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 141-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for R. Venture
Corporation on Lot 9, Block 8, Winston Waterways No.2 Amd, Key Largo, Number
00547211.002700 in the form of one (1) Dwelling Unit Allocation. There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 142-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for lema
Investments Inc. on Lot 172, Port Largo, Key Largo, Real Estate Number 00453030.0000000 in
the form of one (1) Dwelling Unit Allocation. There was no public input. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 143-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Charles S.
Hixon on Lot 2, Block 1, South Creek Village, Key Largo, Real Estate Number
00466420.000000 in the form of one (1) Dwelling Unit Allocation. The Board accepted public
input with the following individual addressing the Board: Ron Miller. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 144-2010
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relief for Robert
Desantis on Lot 6, Block 3, Sunset Waterways, Key Largo, Real Estate Number
00530020.000000 in the form of one (1) Dwelling Unit Allocation. There was no public input.
Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 145-2010
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider an Ordinance amending Section 19-1 of the
Momoe County Code concerning road abandonments; Providing for severability; Providing for
repeal of conflicting provisions; Providing for an effective date. There was no public input.
Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro to
adopt the following Resolution. Motion carried unanimously.
ORDINANCE NO. 017-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance of the Momoe County Board of
County Commissioners amending Chapter 142 Signs in the Momoe County Code by specifically
amending Section 142-4(3) (d) regarding the "sunset" date for A-frame signs. 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. 018-2010
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Momoe
County Code to require businesses to obtain a commercial collection service agreement unless
exempted under the home occupation special use permit and provide proof of a current
commercial collection service agreement or a home occupation special use permit upon issue or
renewal of the business tax. There was no public input. Dent Pierce, Public Works Director and
Christine Hurley, Growth Management Director discussed the matter. After discussion, motion
was made by Commissioner Wigington and seconded by Commissioner Neugent to adopt the
following Ordinance. Motion carried Ordinance. Motion carried unanimously.
ORDINANCE NO. 019-2010
Said Ordinance is incorporated herein by reference.
A required Public Hearing was conducted prior to submittal of an application to the
Department of Community Affairs Small Cities Community Development Block Grant (CDBG)
Program. Liz Wood, Sr. Administrator Wastewater Projects discussed the matter. There was no
public input. Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent authorizing Staff to apply for under the category of housing rehabilitation grant for the
activity of sewer hook ups. Motion carried unanimously.
A Public Hearing was held to consider adoption of a Resolution closing the extension of
Kay Drive, north at the intersection of Kay Drive and Avenue D, from sunset to sunrise, in Key
Largo. There was no public input. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution as
amended from stmSet 11 :00 P.M. to sunrise. Motion carried unanimously.
RESOLUTION NO. 146-2010
Said Resolution is incorporated herein by reference.
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WASTEWATER ISSUES
Liz Wood - Sf. Administrator Wastewater Projects discussed the Engineering Division-
Wastewater Projects - April 2010 Status Report, dated May 19,2010. Ms. Wood also discussed
a recommendation that the Cudjoe Regional Assessment program be suspended pending a further
funding plan review and analysis. In addition, prepare to levy assessments for the 2011 tax bill
as opposed to the 2010 tax bill.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney read the required information into the record and
requested that the Board schedule an Attorney-Client Closed Session to discuss the matter of
Monroe County v. Priceline.com, et aI, case number 09-10004CV. After discussion, motion was
made by Commissioner Wigington and seconded by Commissioner DiGennaro that a Closed
Attorney Session be held with the Board at the meeting of June 16,2010 at the Marathon
Government Center at 1 :30 P.M. Motion carried unanimously.
Suzanne Hutton, County Attorney discussed the appointment of one commissioner to
serve on the 2010 Canvassing Board. No official action was taken. Ms. Hutton indicated she
will notify the Chief Judge to make an appointment because no commissioner can serve.
MISCELLANEOUS
Mayor Murphy announced that NOAA has confirmed that a small portion of an oil slick
has reached the loop current.
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
!ho1Jc, ~W
Isabel C. DeSantis, Deputy Clerk