12/15/2010 Regular252
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 15, 2010
Marathon, Florida
The 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 Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice,
Commissioner Kim Wigington, and Mayor Heather Carruthers. 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
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Rice granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B2 Presentation of Employee Service Award for the month of August 2010 to
Richard Jones, Sr. Administrator, Marine Resources.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Item C1 Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 451-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 452-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 453-2010
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 322 -2010 (OMB Schedule Item No. 4).
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RESOLUTION NO. 454-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 455-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 456-2010
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 457-2010
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 458-2010
Said Resolution is incorporated herein by reference.
Amending Resolution No. 415 -2010 (OMB Schedule Item No. 9).
RESOLUTION NO. 459-2010
Said Resolution is incorporated herein by reference
Amending Resolution 416 -2010 (OMB Schedule Item No. 10).
RESOLUTION NO. 460-2010
Said Resolution is incorporated herein by reference.
Item C2 Board granted approval and authorized execution of Interlocal Agreements with
the City of Key West, the City of Marathon and Islamorada related to their partnerships with the
County in the State Energy Grant from Florida Energy and Climate Commission (Grant
#ARS010).
Item C3 Board adopted the following Resolution requesting the Florida Department of
Transportation develop short-term and long -range plans to correct drainage issues on US 1 at
Summerland Key.
RESOLUTION NO. 461-2010
Said Resolution is incorporated herein by reference.
Item C4 Board granted approval to transfer title and County vehicle number ID# 1401 -598
(serial number 1 GCGG25R921176183) to the Girl Scout Council of Tropical Florida, Inc.
Item C5 Board granted approval and authorized execution of a Renewal Agreement with
The Utility Board of the City of Key West, Florida, for lease of the Big Pine Key Animal Control
Facility.
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Item C6 Board granted approval and authorized execution of a Business Lease with Ships
Way, Inc. for Commissioner Neugent's office space on Big Pine Key.
Item C7 Board granted approval and authorized execution of a Lease Agreement with the
Southernmost Homeless Assistance League (SHAL) for office space at the Gato Building, 1100
Simonton Street, Key West, FL.
Item C8 Board granted approval of a Florida Division of Emergency Management
(FDEM) Award Letter for delivery of Position ICS Training (IMT) and WebEOC in the amount
of $8,500.00, no county match required; and authorization for the County Administrator to
execute an;y other required documentation in relation to the application process.
Item C9 Board granted approval and authorized execution of a First Amendment to design
build contract with Structural Preservation Systems, LLC, for the Geiger Creek Bridge Repair
Design Build Project, to comply with revised Florida Department of Transportation (FDOT)
requirements.
Item C10 Board granted approval to use District One Transportation Impact Fees to
reimburse Road and Bridge Fund 102 for eligible costs from the Key Deer Boulevard Roadway
Improvement Project.
Item C12 Board granted approval and authorized execution of Modification #4 to the State
Funded Subgrant Agreement for the Design and Construction of the proposed Emergency
Operations Center in Marathon.
Item C13 Board granted approval to issue a Request for Proposal (RFP) for a Design/Build
contract for the mandatory sewer connections at the Marathon Courthouse, the Marathon
Detention Center, and the Marathon Government Center.
Item C14 Board granted approval of the receipt of the monthly report on change orders
reviewed b:y the County Administrator's Office.
Item C15 Board ratified and/or approved Exhibit "A" to the Kennedy Galleries lease
approved at the June 16, 2010 BOCC meeting..
Item C16 Board granted approval and authorized execution of a Contract and Contract
Amendment with MBI -K2M Architecture, Inc., for Customs Terminal Security Enhancements at
Key West International Airport.
Item 17 Board granted approval and authorized execution of Purchase Service Order
#09/10/40 with URS for Airport Noise Coordination — Part 150 Program, Phase 1 at the Key
West International Airport.
Item C20 Board granted approval and authorized execution of a Referral Agreement
between Alliance for Aging and Monroe County to enable respite clients to remain in the Aged
and Disabled Adult (ADA) Waiver program.
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Item C21 Board granted approval and authorized execution of Amendment 001 to Contract
US -1151 between the Alliance for Aging, Inc. and Monroe County Board of County
Commissioners for congregate and home delivered meals provided by the Monroe County
Nutrition Program.
Item C22 Board granted approval and authorized execution of Amendment #0001 to the
Community Care for Disabled Adults (CODA) Contract #KG -065 (7/1/10 — 6/30/11) between
the Florida Department of Children & Families and the Monroe County Board of County
Commissioners (Social Services /In -Home Services).
Item C23 Board granted approval to advertise for Request for Proposals for Employment
Physical Services.
Item C24 Board granted approval to accept and authorized execution of an Agreement from
Asset Works Appraisal for Real and Personal Property.
Item C26 Board granted approval to piggyback on a competitively bid Contract between
Monroe County Sheriff and Key West Urgent Care to provide employment post -offer physicals.
Item C27 Board granted approval of changes to the Monroe County Personnel Policies and
Procedure Manual as recommended by the Policies and Procedures Board.
Item C28 Board granted approval and authorized execution of the Community Living
Program (CLP) Contract CLP - MCSS -I between the Alliance for Aging, Inc. (Area Agency on
Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County
Commissioners (Social Services /In -Home Services) for fiscal period 12/l/10 to 12/31/10.
Item C29 Board granted approval and authorized execution of the Community Living
Program (CLP) Contract CLP - MCSS -II between the Alliance for Aging, Inc. (Area Agency on
Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County
Commissioners (Social Services /In -Home Services) for fiscal period 1 /l /11 to 12/31/11.
Item C30 Board granted approval to enter into a "Master Services Agreement — Order
Attachment for CSA Services" #FL10- 0443 -01, with AT & T which includes an additional speed
of 1 Gb /s to our existing Metro Ethernet wide area network agreement; and authorized execution
of same.
Item 31 Board granted approval to rescind FY07 State Homeland Security Grant Program
(SHSGP) Agreement Number 08- DS- 60- 11 -54 -01 -343 Modification #2, and approval of
Federally - Funded Subgrant Agreement contract number I IDS- 52- 11 -54 -01 in the amount of
$57,834.92 with no county match required; entered into between the State of Florida, Division of
Emergency ;Management (FDEM) and Monroe County Emergency and authorization for the
County Administrator to execute any other required documentation in relation to the application
process; and extending the ending date from December 31, 2010 to June 30, 2011.
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Item 32 Board granted approval to close the Libraries at 1:00 p.m. on Christmas Eve.
Item 33 Board granted approval and authorized execution of the Older Americans Act
(OAA) Contract AA -1129 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/Nutrition and In -Home
Services programs) for Fiscal Year 01 /l /11 to 12/31/11.
Item 34 Board adopted the following resolution requesting the Florida Department of
Transportation restore funding for the temporary Ferry Service between the City of Marathon,
Florida and Pigeon Key.
RESOLUTION NO. 462-2010
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Agreement with Stay Fit
Studio covering Key West Triathlon in an amount not to exceed $20,000, DAC I, FY 2011 Event
Resources.
Item D2 Board granted approval and authorized execution of an Agreement with Hawk's
Cay Resort covering Conchtoberfest in an amount not to exceed $40,000, DAC III, FY 2011
Event Resources.
Item D3 Board granted approval and authorized execution of an Agreement with Super
Boat International Productions, Inc. covering Key West World Championship Race in an amount
not to exceed $115,000, DAC I, FY 2011 Event Resources.
Item D4 Board granted approval and authorized execution of an Agreement with Mad Dog
Mandich Fishing Classic, LLC covering the Publix Mad Dog Mandich Fishing Classic in
October, 2011 in an amount not to exceed $10,000, DAC IV, FY 2011 Event Resources.
Item D5 Board granted approval and authorized execution of an Agreement with Capt.
Toney, LLC covering the Capt. Tony Days in an amount not to exceed $14,000, DAC I, FY 2011
Event Resources.
Item D6 Board granted approval and authorized execution of an Agreement with Key West
Bight Preservation Association, Inc. covering The Key West "Bight" Before Christmas in an
amount not to exceed $5,005, DAC I, FY 2011 Event Resources.
Item D7 Board granted approval and authorized execution of an Agreement with Key West
Tourist Development Association, Inc. covering Fantasy Fest 2011 from FY 2011 Event
Resources.
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Item D8 Board granted approval and authorized execution of an Agreement with EcoWeek
Events, Inc. covering EcoWeek 2011 in an amount not to exceed $66,217, FY 2011 Event
Resources.
GROWTH MANAGEMENT
Item I1 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the City of Marathon (City) reimbursing the City in the
amount of $37,442.00 from County Boating Improvement Funds for costs previously incurred
for mooring inspections, maintenance, and required water quality testing in association with the
City mooring field during the past fiscal year.
Item I2 Board granted approval and authorized execution of a Supplemental Joint
Participation Agreement (JPA) No. 3 with the Florida Department of Transportation (FDOT) for
Contract #AN082 to extend the term of the general transportation planning support assistance
JPA from December 31, 2010 to December 31, 2011.
Item J3 Board granted approval and authorized execution of a Supplemental Joint
Participation Agreement (JPA) No. 2 with the Florida Department of Transportation (FDOT) for
Contract #AOU27 to extend the Transportation Planning Consultant and Staff Assistance JPA
term from December 31, 2010 to December 31, 2011.
Item J4 Board granted approval to advertise a public hearing to consider an ordinance by
the Board of County Commissioners amending Chapter 26 of the Monroe County Code
(Waterways) to provide for renaming "Combustion Vessel Exclusion Zones" to "No Motor
Zones ", in order to eliminate boater confusion and provide consistency with "No Motor Zones"
established by the Florida Keys National Marine Sanctuary.
Item J5 Board adopted the following Resolution approving the Annual Public Facilities
Capacity Report 2010.
RESOLUTION NO. 463-2010
Said Resolution is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Item L1 Board granted approval of the request for expenditures from the Law
Enforcement Trust Fund, as follows:
$3,000 to help the MSCO Animal Farm with items that are needed to continue
"Easter on the Farm" and Christmas on the Farm" for the year 2011.
HEALTH DEPARTMENT
Item M1 Board granted approval and authorized execution of a Lease between MW & JC
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LLC and Monroe County Board of County Commissioner to provide the premises at 3134
Northside :Drive, Key West to be used by the Health Department as a clinic.
Item M2 Board adopted the following Resolution amending the fee schedule set forth in
Resolution No. 294 -2010 and authorizing the Monroe County Health Department to collect
clinical fees for primary care services offered as set forth in Exhibit A attached to and made part
of the Resolution.
RESOLUTION NO. 464-2010
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item N1 Board adopted the following Resolution in support of naming the FDOT south
access road located off of Jewfish Creek Bridge which provides access to the Anchorage Resort
and Yacht Club, Inc. and PonTunes Marina, Tiki Bar and Grille as "Yacht Club Drive."
RESOLUTION NO. 465-2010
Said Resolution is incorporated herein by reference.
Item N2 Board approved Commissioner Murphy's appointment of Phil Goodman to the
Marine & Port Advisory Committee. His three year term expires December, 2013.
Item N3 Board granted approval of newly elected Commissioner Rice's Official Bond per
FSS. 137.01 for the term of November 16, 2010 through November 18, 2014.
Item N4 Board granted approval of Commissioner Rice's item to reappoint Kim Bassett to
the Human Services Advisory Board (HSAB) as the District 4 representative.
Item N5 Board granted approval of re- elected District two Commissioner George R.
Neugent's Official Bond per FSS.137.01 for the term of November 16, 2010 through November
18, 2014.
COUNTY CLERK
Item 02 Board granted official approval of the Board of County Commissioner's minutes
from the Regular Meeting of October 20, 2010 - previously distributed.
Item 03 Board granted approval of the following Warrants: (105915 - 105975 and 557005
- 557771) General Fund (001), in the amount of $894,308.21; Fine & Forfeiture Fund (101),
in the amount of $83,021.09; Road and Bridge Fund (102), in the amount of $22,904.75; TDC
District Two Penny (115), in the amount of $178,282.83; TDC Admin. & Promo 2 Cent
(116), in the amount of $237,140.13; TDC District 1,3 Cent (117), in the amount of
$303,780.96; District 2,3 Cent (118), in the amount of $21,861.33; TDC District 3,3 Cent
(119), in the amount of $91,314.21; TDC District 4,3 Cent (120), in the amount of $65,888.56;
TDC District 5,3 Cent (121), in the amount of $63,801.78; Gov. Fund Type Grants (125), in
the amount of $395,139.76; Fire & Amb District 1 L &M Keys (141), in the amount of
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$86,229.91; Upper Keys Health Care (144), in the amount of $690.86; Uninc Svc Dist Parks
& Rec (147), in the amount of $32,439.37; Plan, Build, Zoning (148), in the amount of
$54,430.43; Municipal Policing (149), in the amount of $132,568.47; Duck Key Security
(152), in the amount of $4,684.13; Local Housing Assistance (153), in the amount of
$19,687.50; Boating Improvement Fund (157), in the amount of $15,361.50; Misc. Special
Revenue Fund (158), in the amount of $18,146.98; Environmental Restoration (160), in the
amount of $4,196.79; Building Fund, (180), in the amount of $5,385.63; 1 Cent Infra Surtax
(304) in the amount of $312.88; Infr Sls Srtx Rev Bds2007, (308), in the amount of $535.39;
Big Coppitt Wastewater PR (310), in the amount of $213,907.93; Duck Key Wastewater (311),
in the amount of $356,285.44; Card Sound Bridge (401), in the amount of $4,464.14;
Marathon Airport (403), in the amount of $102,031.67; Key West Intl. Airport (404), in the
amount of $194,309.40; KW AIP Series 2006 Bonds (405), in the amount of $9,720.79; PFC &
Oper Restrictions (406), in the amount of $487,625.33; MSD Solid Waste (414), in the amount
of $1,117,856.34; Worker's Compensation (501), in the amount of $50,904.07; Group
Insurance Fund (502), in the amount of $383,052.98; Risk Management Fund (503), in the
amount of $33,509.20; Fleet Management Fund (504), in the amount of $84,609.79;
Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00.
Item 04 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bids.
Item 05 Board granted approval of TDC expenditures for the month of November, 2010:
Advertising, in the amount of $439,040.56; Bricks & Mortar /Interlocal Projects, in the
amount of $73,083.07; Visitor Information Services, in the amount of $61,101.00; Events, in
the amount of $175,392.49; Office Supplies & Oper Costs, in the amount of $28,055.59;
Public Relations, in the amount of $81,560.62; Sales & Marketing, in the amount of
$60,730.06; Telephone & Utilities, in the amount of $19,361.36; Travel, in the amount of
$11,650.39.
COUNTY ADMINISTRATOR
Item P3 Board granted approval of the Public Official Bond for Richard F Rudell, Florida
Keys Mosquito Control.
Item P4 Board granted approval of the Public Official Bond for James R. Bridges, Florida
Keys Mosquito Control.
Item P5 Board adopted the following Resolution requesting for changes to the admission
fees to Pigeon Key.
RESOLUTION NO. 466-2010
Said Resolution is incorporated herein by reference.
Item P6 Board granted approval of the reappointment of Edith Zewadski- Bricker to the
South Florida Workforce Investment Board.
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COUNTY ATTORNEY
Item Q2 Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 18 -27 of the County Code adding Watson Field on Big Pine Key to the list of County
parks.
Item Q3 Board granted approval to accept the donation of seven parcels on Key Largo, Big
Pine Key, Little Torch Key and Summerland Key for conservation and $7500 as settlement of
outstanding; code enforcement fines.
Item Q4 Board granted approval and authorized execution of a Second Amendment to the
existing Legal Services Agreement dated March 15, 2006 with Ira Libanoff, Esq. which revises
the original agreement to update time keepers, delete completed cases and add one additional
case to his responsibilities.
Item Q5 Board granted approval to file an interpleader action, allowing the County to
deposit into the registry of the court the remaining sum of money being held by the clerk. An
irreconcilable dispute has arisen between the general contractor and a subcontractor working on
the Freeman Justice Center. By filing an interpleader action is the established manner in which
the County states that it does not claim the money and wishes the issue to be resolved by a court.
Item Q6 Board adopted the following Resolution authorizing the Director of Social
Services to execute contracts on behalf of Monroe County under certain limited circumstances.
RESOLUTION NO. 467-2010
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Employee Service Award for the month of July 2010 to Alary
Luttazi, Sr. Administrative Assistant, Emergency Services.
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, Commissioner Sylvia Murphy,
Commissioner Kim Wigington, and City of Layton Councilman Clark Snow. Absent was City
of Layton Mayor Norman Anderson.
Item G2 Jim Callahan, Monroe County Fire Chief discussed a12 month service agreement
with Bio -Med Waste Solutions, Inc. for the collection and disposal of biomedical waste
generated from emergency medical calls and transports of Monroe County Fire Rescue. After
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discussion., motion was made by Commissioner Murphy and seconded by Councilman Snow
granting approval for the Mayor to execute same. Motion carried unanimously. The Board also
discussed the consolidation of services for biomedical waste.
There being no further business, the meeting of 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
Item C1 I The Board discussed a First Amendment to the Contract with William P. Horn
Architect, P.A. for the Development of a Higg's Beach Park Master Plan. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting
approval and authorizing execution of the item. Motion carried unanimously. Commissioner
Murphy requested each time an item is on the agenda concerning the development of the Higg's
Beach Park Master Plan, backup information be included - a running account of the money, what
it is for, and who has provided the funding.
Items C18 /C19 Commissioner David Rice abstained from voting on the following two (2)
items as he is a current member of the Board of Directors of the Care Center: Contract between
Monroe County and the Community Transportation Coordinator /Guidance /Care Center Inc., of
the Middle Keys for a contract period of 01/01/2011 through 12/31/2011; and an Agreement
between the Monroe County Community Transportation Coordinator /Guidance /Care Center Inc.,
and Monroe County Board of County Commissioners for contract period of 01/01/2011 through
12/31/2011. Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of the items. Motion carried unanimously,
with Commissioner Rice abstaining.
Item C25 The Board discussed Amendment #2 to the Monroe County Group Health Plan.
In light of the adoption of the Patient Protection and Affordable Care Act ( "PPACA "), the Plan
must be amended in certain particulars. Teresa Aguiar - Division Director, Employee Services
discussed the matter. After discussion, Motion was made by Commissioner Rice and seconded
by Commissioner Neugent granting approval and authorizing execution of the item. Motion
carried unanimously.
STAFF REPORTS
Item E1 Peter Horton, Airports Director updated the Board concerning certain matters at
the Key West International Aiport: Disposal of medical waste; the landing of a C 17 military
aircraft; and passenger figures for the month of November that were over 50,000.
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Item E6 Christine Hurley, Growth Management Director updated the Board on the
Technical ]Documents and the Evaluation and Appraisal Report being prepared by the county's
consulting firm of Keith & Schnars. Ms. Hurley indicated the draft documents will be published
and the Planning Commission will be holding their meeting on January 12, 2011 at the Marathon
Government Center to review and take public input. In addition, on January 19, 2011, Keith &
Schnars is scheduled to make a presentation on the documents before the BOCC. Ms. Hurley
then discussed the dates of the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011.
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent to hold
the 1 st Annual Comprehensive Plan Transmittal Hearing for 2011 on March 22, 2011 at 10:00
A.M. at the Marathon Government Center. Motion carried unanimously. Motion was made by
Commissioner Murphy and seconded by Commissioner Neugent to start the 1 st Public Hearing
for the Tier Redesignations on March 22, 2011 at 11:00 A.M. at the Marathon Government
Center, with the date of March 23, 2011 to be reserved as a carryover date and to hold the 2nd
Public Hearing for the Tier Redesignations on May 4, 2011 at 5:01 P.M. at the Marathon
Government Center, with the date of May 5, 2011 to be reserved as a carryover date. Motion
carried unanimously.
Mayor Carruthers discussed her attendance on Friday, December 10, 2010, along with
Roman Gastesi, County Administrator and Michael Roberts, Sr. Administrator - Environmental
Resources at the Sixteen County South Florida Ecosystem Restoration Summit in Okeechobee
concerning Everglades Restoration.
GROWTH MANAGEMENT
Items J1 Suzanne Hutton, County Attorney made a presentation before the Board for
direction regarding potential litigation to determine the county's duties & authority in response
to a request by Keys Energy Services to approve utility easements over county -owned properties,
including whether a county development permit is required to be issued in order for KES to place
poles and utility lines on access easements; also county's ability to issue building permits for
electrical connections of utilities in established rights -of -way to existing structures on private
property.
Item J2 Christine Hurley, Growth Management Director made a presentation before the
Board for direction to Staff regarding whether to initiate amendments to the Comprehensive Plan
and Land Development Regulations to allow the extension of utility services to Coastal Barrier
Resource System (CBRS) units and/or private development on No Name Key.
Item J3 Mark Rosch, Executive Director of the Monroe County Land Authority made a
presentation before the Board for consideration of a request to grant utility easements to the
Utility Board of the City of Key West, Florida (Keys Energy Services) on four No Name Key
properties.
The following public speakers addressed the Board: Joyce Newman, Robert DeHaven,
Hallett Douville, Deb Curlee, representing Last Stand; John D. Morris, Kathy Brown,
representing; the No Name Key Property Owners' Association; Diane Beruldsen, Beth Fennell,
Robert G. Brown, Andrew Tobin, Esq., representing No Name Key Homeowners; Sloan
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Bashinsky„ Reverend Marney Brown, John Hammerstrom, Rob Barber, Ron Miller, representing
the Upper :Keys Citizens' Association; Alicia Putney, representing The Solar Community of No
Name Key; Kristie Killam, Mary Bakke, Marsha Fletcher, John F. Lohr, John Bakke, Beth
Ramsay - Vickrey, Brad Vickrey, John Lentini, Pauline Klein, Kay Thacker, Wanda Dry, Esq.,
Joan Borel, Laurence R. Dry, MD, Esq., Frank Atwell, and Chris Barber. The Clerk was
provided with written documentation from Alicia Putney, representing The Solar Community of
No Name Key, which was entered as part of the official record.
Item J3 After Board discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to deny the request to grant utility easements to the
Utility Board of the City of Key West, Florida (Keys Energy Services) on four conservation lots
on No Name Key owned by Monroe County and the one conservation lot on No Name Key
within the CBRS owned by the Monroe County Land Authority. Roll call vote was unanimous.
Item J2 After Board discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to approve Option #3 - Direct staff to enforce
Comprehensive plan policies and Land Development Code policies and do not process
amendments to the Monroe County 2010 Comprehensive Plan or Land Development Code. Roll
call vote was unanimous.
Item J1 After Board discussion, motion was made by Commissioner Rice and seconded
by Commissioner Neugent granting approval of Staff recommendations for the County to file an
action for declaratory judgment regarding whether Bimini and Tortuga Lanes, No Name Key,
constitute rights -of -way, upon which Keys Energy Services does not need a county permit to
construct poles, and the county's responsibility regarding issuance of building permits for
connections between utility lines in rights -of -way and structures on private property. Roll call
vote was taken with the following results:
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
No
Mayor Carruthers
Yes
Motion carried.
Item J3 Mark Rosch, Monroe County Land Authority Executive Director addressed the
Board and suggested that the one conservation lot on No Name Key within the CBRS owned by
the Monroe County Land Authority not be included in the denial motion for item J3 until it is has
gone through the Land Authority process and then the Land Authority Board. Motion was made
by Commissioner Murphy and seconded by Commissioner Neugent to rescind the motion which
denies the request to grant utility easements to the Utility Board of the City of Key West, Florida
(Keys Energy Services) on four conservation lots on No Name Key owned by Monroe County
and the one conservation lot on No Name Key within the CBRS owned by the Monroe County
Land Authority. Motion carried unanimously. Motion was then made by Commissioner
Murphy and seconded by Commissioner Rice to deny the request to grant utility easements to the
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Utility Board of the City of Key West, Florida (Keys Energy Services) on the four conservation
lots on No Name Key owned by Monroe County. Roll call vote was unanimous.
CLOSED SESSIONS
Item K1 An Attorney - Client Closed Session of the Board of County Commissioners in the
matter of Thomas Collins et al. v. Monroe County, CA M 04 -379 was held. Suzanne Hutton,
County Attorney read the required language into the record.
Item K2 An Attorney - Client Closed Session of the Board of County Commissioners in the
matter of Galleon Bay vs. Monroe County v. State of Florida, CAK -02 -595 was held. Suzanne
Hutton, County Attorney read the required language into the record.
Item K3 An Attorney - Client Closed Session of the Board of County Commissioners in the
matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CAK
10 -1050 was held. Suzanne Hutton, County Attorney read the required language into the record.
PUBLIC HEARINGS
Item R1 A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment of the Fiscal Year 2011 Impact Fees -Fire & EMS Fund 135. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 468-2010
Said Resolution is incorporated herein by reference.
Item R2 A Public Hearing was held to consider an Ordinance creating Monroe County
Code Section 2 -60, providing for providing for noninterference in procurement and hiring
practices; providing for Board of County Commissioners to set policies and procedures in areas
where changes are deemed to be needed. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance,
with the following words stricken from the title: providing for Board of County Commissioners
to set policies and procedures in areas where changes are deemed to be needed. Motion carried
unanimously.
ORDINANCE NO. 037 -2010
Said Ordinance is incorporated herein by reference.
Item R3 A Public Hearing was held to consider adoption of an Ordinance amending
Sections 26-1, 26 -96 and 26 -98 of the Monroe County Code to expand the prohibition against
diving or snorkeling in any manmade water body or marina, or within 300 ft. of an improved
residential or commercial shoreline, to include the 3 days prior to the start of mini - season and
continuing through mini - season and for the first 5 days of commercial lobster season. The Board
accepted public input with the following individuals addressing the Board: Jim Bellizzi, Ben
Daughtry, Franco C. D'Ascanio, John Whalton, Jack Kistner, and Bill Hunter. After discussion,
REVISION 265
motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt
the following Ordinance with a sunset date of August 31, 2012 and to add the following
language at the end of Section 3, subsection (b), page 6: or diving and snorkeling in front of your
property to the center line of the canal or 100 ft. of open water. Roll call vote was taken with the
following results:
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
No
Commissioner Wigington
No
Mayor Carruthers
Yes
Motion carried.
ORDINANCE NO. 038-2010
Said Ordinance is incorporated herein by reference
Item R4 A Public Hearing was held to consider an Ordinance by the BOCC amending
Monroe County Code Section 101 -1, and Section 130 -87, Maximum Height, to provide
consistency between regulations regarding height in the land development code and policies
regarding height in the comprehensive plan and to provide consistency between the definitions of
height and grade in the land development code to clarify from where measurements are to be
taken. Christine Hurley, Growth Management Director discussed the matter. The Board
accepted public input with the following individuals addressing the Board: John November,
Diane Beruldsen, and Sloan Bashinsky. After discussion, motion was made by Commissioner
Wigington and seconded by Commissioner Murphy to continue the Public Hearing to the
January 19, 2011 BOCC meeting at 3:00 P.M. in Key West. Motion carried unanimously.
Item R5 The first of two required Public Hearings was held to consider an Ordinance
amending the Monroe County Code Section 130 -92(a) to amend the permitted uses in the
Recreational Vehicle (RV) land use district to allow vacation rental uses of nonconforming
dwelling units and to clarify language regarding employee housing, commercial apartments and
accessory uses. Christine Hurley, Growth Management Director discussed the matter. The
Board accepted public input with the following individuals addressing the Board: Sloan
Bashinsky, and Lee Rohe, representing Blue Key RV Park.
ENGINEERING /PROJECT MANAGEMENT
Item H1 Gary L. Donn, P.E. - Director of Transportation Support & MIC Program
Manager; and Linda G. Johnson, District Work Program Administrator made a presentation
before the Board on the Florida Department of Transportation's (FDOT) Tentative Five Year
Work Program for Fiscal Years 2011/2012 through 2015/2016. The following individuals
addressed the Board: Kelly McKinnon, representing Pigeon Key; Linda Kruszka, representing
Paradise Divers, Inc., and Diane Beruldsen.
266
PUBLIC HEARINGS
Item S 1 A Public Hearing was held to consider a Resolution renewing the intent to use the
uniform method to collect non -ad valorem special assessments toward the cost of providing
wastewater utility services to properties in Key Haven, Lower Sugarloaf through Big Pine Key,
Long Key and 3 parcels on Boca Chica. Suzanne Hutton, County Attorney and Liz Wood, Sr.
Administrator, Sewer Projects discussed the matter. The Board accepted public input with the
following individuals addressing the Board: Bill Hunter, representing the Sugarloaf Shores
Property Owner's Association; and Sloan Bashinsky. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Wigington to adopt the following
Resolution to use the uniform method of collecting non -ad valorem special assessments levied
within the unincorporated area of the county; stating a need for such levy; providing for the
mailing of this resolution; and providing for an effective date. Motion carried unanimously.
RESOLUTION NO. 469-2010
Said Resolution is incorporated herein by reference.
ENGINEERING /PROJECT MANAGEMENT
Item H2 Judith S. Clark, Director - Engineering Services gave a Staff report on the status
of bus shelter locations and on the negotiations on the renewal terms of the non - exclusive
contract with Clear Channel Outdoor, Inc., for constructing and maintaining bus shelters on
County and .FDOT rights of way for the purpose of selling and placing advertising within
shelters. The following individuals addressed the Board: Kay Thacker and Diane Beruldsen.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Murphy granting approval to negotiate the item with Clear Channel Outdoor, Inc. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Item P 1 Roman Gastesi, County Administrator referred the Board to the written County
Division's Monthly Activity Report for November, 2010, dated December 1, 2010. Mr. Gastesi
discussed an e -mail sent to the Board concerning the plan review of the bench marking and
recommendations report from the county's insurance consultant. Mr. Gastesi also discussed a
proposal for a pilot program to waive certain fees (cultural groups) for use of the stage at the
Murray E. Nelson Government Center in Key Largo. The following individual addressed the
Board: Pauline Klein. The County Administrator's proposal was referred to Staff for further
analysis.
Item P2 Connie Cyr, Aide to the Administrator and the Board discussed the 2011
appointments of Commissioners to various duties, boards and committees. After the
commissioners' preferences were decided, motion was made by Commissioner Murphy and
seconded by Commissioner Wigington approving the appointments to the various duties.
Motion carried unanimously. Said documents are attached hereto for reference.
267
COUNTY ATTORNEY
Item Q1 Suzanne Hutton, County Attorney read the required language and requested a
Closed Attorney Client Session be held in the matter of Monroe County and Roman Gastesi, Jr.
v. Stand Up For Animals, Inc., Case No. CAK 10 -1050. Motion was made by Commissioner
Neugent and seconded by Commissioner Murphy to hold the Closed Attorney Client Session on
January 19, 2011 in Key West at 1:30 P.M. at the Harvey Government. Motion carried
unanimously.
Item Q1 Bob Shillinger, Chief Assistant County Attorney gave a Power Point Presentation
concerning a Settlement Offer in the litigation of HMA, LLC d/b /a DePoo vs. Monroe County
concerning a dispute over funding for Baker Act Services. Mr. Shillinger read the required
language and requested a Closed Attorney Client Session be held in the matter. Motion was
made by Commissioner Neugent and seconded by Commissioner Rice to schedule a Closed
Session on January 19, 2011 in Key West at 2:00 P.M. at the Harvey Government Center.
Motion carried unanimously. Motion was made by Commissioner Wigington and seconded by
Commissioner Murphy granting authority for the County Attorney to file a Notice of Appeal of
Mandamus Judgment i£ a) negotiations are unsuccessful and, b) necessary to file prior to the
January Closed Session. Motion carried unanimously.
Item Q7 The Board discussed direction to Staff to initiate the process to adopt an
Ordinance that requires a 4/5 vote of the Board of County Commissioners to approve any
Ordinance that adopts, amends, repeals, or otherwise changes the land development code and the
comprehensive plan. The following individuals addressed the Board: Pauline Klein, Kay
Thacker, representing the Island of Key Largo Federation; Deb Curlee, representing Last Stand;
Joyce Newman; Bill Hunter, representing the Sugarloaf Property Owners' Association; Ron
Miller, Diane Beruldsen, and Sloan Bashinsky. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice approving the item. Roll call vote
was unanimous.
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
Isabel C. DeSantis, Deputy Clerk
2011 ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE:
Library Advisory Board
a.
February
- Rice
b.
April
- Carruthers
c.
June
- Wigington
d.
August
- Neugent
e.
October
- Rice
£
December
- Murphy
(2/15/11
— Marathon EOC Joint & Regular)
(4/26/11
—Key West Library)
(6/28/11
—Big Pine Key Library)
(8/2/11 —
Marathon Library)
(10/25/11
— Islamorada Library)
(12/20/10
— Key Largo Library)
*At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to
the meeting area nearest them. All meetings begin at 10:30 AM.
2. Older American Advisory Board
a.
January
- Carruthers
b.
February
- Wigington
C.
March
- Murphy
d.
April
- Neugent
e.
May
- Rice
f.
June
- Carruthers
g.
July
- OAAB Vacation (each year)
h.
August
- OAAB Vacation (each year)
i.
September
- OAAB Vacation (each year)
j.
October
- Wigington
k.
November
- Murphy
1.
December
- Neugent
* All meetings are held at the Marathon Library starting at 10:00 A.M.
JI"
FISCAL YEAR 2011 COMMISSIONERS' APPOINTMENTS
Annrnvarl 49mgmn
NAME OF COMMITTEE
CURRENT /PREVIOUS
COMMISSIONER
NEW
fOMMISSIONER
COMMISSIONER
WIGINGTON'S'
^COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSrnNEu
� ,...,..o
PREFERENCES
NEUGEN7" S
PREFERENCES
CARRUTHERS'
PREFERENCES
RICE'S
PREFERENCES
PREFERENCES
Affordable Housing Advisory Committee
Murphy
Murphy
Alliance For Aging
Murphy
Murphy
Arts Council
Carruthers
Murphy
Audit Selection Committee
Wigington
Wigington
Circuit 16 Juvenile Justice Board
Carruthers
Murphy
Criminal Justice Mental Health Substance
Abuse Policy Council
Murphy
This committee was
reestablished on 9/15/10.
Chairperson or their appointed
Environmental Impact Statement
Wigington
Wigington
designee sit on this Board.
Oversight Committee
This committee was added at
Fire & Ambulance Taxing District 1
a. Wigington
a. Murphy
the 06/17/10 meeting
Board of Governors
b. Murphy
b. Neugent
Need to select three
c. Carruthers
c. Rice
Commissioners.
Florida Association of Counties
Neugent
Neugent
Board of Directors
Florida Keys Council for People with
Murphy
Murphy
Disabilities
Key West Airport Ad Hoc Committee
Wigington
Wigington
Marine and Port Advisory Committee
Neugent
Neugent
Marine Sanctuary Water Quality
Wigington
Neugent
Steering Committee
Marine Sanctuary Advisory Council
a. Neugent
a. Neugent
b. Carruthers
b. Carruthers
Monroe County Community Alliance
Carruthers
Carruthers
NAME OFCOMMITTEE CURRENT /PREVIOUS NEW COMMISSIONER COMMISSIONER COMMISSIONER ONER COMMISSIONER COMMISSIONER COMMENTS
COMMISSIONER COMMISSIONER WIGINGTON'S NEUGENT'S CO C MMISSI ERS' RICE'S MURPHY
PREFERENCES PREFERENCES PREFERENCE
S
Monroe County L PREFERENCES PREFERENCES
o al C
c oordmatme Board _ T.r— .—t
for the Transportation Disadvanta ed ...
Ncugeni
Smal] County Coalition
a. Neugent
a. Neugent
South Florida Regional Planning Council
b. Di Gennazo
b. Rice
Alternate Alternate
a. Neugent
a. Neugent g
b. Carruthers
b. Carruthers
c. Murphy –
c. Rice - Alternate
Alternate
South Florida Water Management District a. Murphy a. Murphy
Y
b. Wigington– b. Wigington -
Alternate Alternate
Substance =Abuse cy Board Murphy Murphy
Tourist Development Council Murphy Carruthers
aBoard.
on or their
Value Adjustment Board
designee sit on this
a. Di Gennaro Murphy
b. Murphy t Iht .a , ud, €z= o
c. Neugent - b =< Ck to tf z
Alternate ,; 1
:V €cl naic
Voter Canvassing Board Murphy Carruthers
Chairperson has to sit on this
VARIOUS OTHER APPOINTMENTS/NOTES
Rural Health Network
Commissioner Murphy was appointed 12/17/08. Terms have no expiration dates.
Industrial Development Authority
Chairperson — Mayor Heather Carruthers
Vice - Chairperson — Mayor Pro Tern David Rice
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Kim Wigington
• MAYOR CARRUTHERS as the point person between the Board of
County Commissioners and Representative Saunders for one year.
• COMMISSIONER MURPHY to represent the Board on issues concerning
highway safety and beautification, including the 18 Mile Stretch of U.S. 1
and to be our State and Federal government liaison on these issues.
• COMMISSIONER RICE to serve with the Florida Commission on
Veterans Affairs.
• COMMISSIONER RICE to be the Board's liaison (point person) for
wastewater issues.
• COMMISSIONER CARRUTHERS to be the Board's liaison with Senator
Bullard.
• COMMISSIONER MURPHY to serve as a representative on a working
group to address hurricane evacuation in the Florida Keys.
• COMMISSIONER WIGINGTON as the point person between the Board
of County Commissioners and the Navy with regards to Navy related
issues.