01/19/2011 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 19, 2011
Key West, Florida
2011/1
The Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Harvey 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; Pamela G. Hancock, Deputy Clerk;
County Staff members of the press and radio; and the general public.
PRESENTATION OF AWARDS
Item B 1 Presentation of Years of Service Award for 25 years of service to Tom Hambright,
Librarian, Local History, Key West Library.
Item B2 Presentation of Employee Service Award for November, 2010 to Louise Basham,
Insurance Specialist, Employee Services Division, Employee Benefits, Key West.
Item B3 Presentation of Mayor's Proclamation declaring January 2011 as Sculpture Key
West month.
Item B4 Presentation of Mayor's Proclamation declaring February 5, 2011 as Key West
International Airport Appreciation Day.
MISCELLANEOUS
Captain Patrick deQuattro, United States Coast Guard, gave the Board an update
on Deep Water Horizon. Captain deQuattro announced a seminar for Maritime Pollution
Response and Planning on the 17th of February at the Marathon Government Center and that all
elected officials, across all municipalities in Monroe County, will be invited as well as the public
will be invited. The Board presented Captain deQuattro with an Honorary Conch Certificate and
a gold conch shell.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
2011/2
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Item C 1 Board adopted the following Resolution amending Resolution No. 007 -2009 in
order to provide for a cremation approval fee, charged by the District 16 Medical Examiner.
RESOLUTION NO. 001-2011
Said Resolution is incorporated herein by reference.
Item C2 Board adopted the following Resolution establishing a Climate Change Advisory
Committee to make recommendations regarding climate change mitigation and adaptation
strategies. A sunset date of October 1, 2013 is established.
RESOLUTION NO. 002-2011
Said Resolution is incorporated herein by reference.
Item C3 Board granted approval of a Workers' Compensation settlement in the amount of
$145,000 (inclusive of attorney fees and costs) for file #27100700 -MP.
Item C4 Board granted approval and authorized execution of Amendment #3 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.
Item C5 Board adopted the following Resolutions for the transfer of funds and for the
receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 003 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 004-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 005-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 006-2011
Said Resolution is incorporated herein by reference.
2011/3
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 007-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 008-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 009-2011
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 010-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 011-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 012-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 013 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 014-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 015-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 016-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 017-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
2011/4
RESOLUTION NO. 018-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 019 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 020-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 021-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 022-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 023-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 024 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 025-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 026-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 027-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 028-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 029-2011
2011/5
Said Resolution is incorporated herein by reference.
Item C6 Board granted approval and authorized execution of a Business Associate
Agreement between Monroe County and Advanced Data Processing, Inc. d/b /a ADPI - Intermedix
Corporation consistent with the standards set forth in regulations and administrative guidance
with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law
104 -191 (HIPPAA), including as amended by the Health Information Technology for Economic
and Clinical Health Act as set forth in Title XII Division A and Title IV of Division B of the
American Recovery and Reinvestment Act of 2009 (HITECH Act).
Item C7 Board granted approval and authorized execution of a Memorandum of
Agreement between Monroe County and the City of Miami dated July 8, 2010 concerning a
United States Department of Homeland Security's Office of Grants & Training (OG &T), through
the State of Florida Division of Emergency Management (FDEM) sub -grant Agreement #
I IDS- 32- 11 -23 -02 -233 in the amount of $312,472.00 with no county match required; and
authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Item C8 Board granted approval and authorized execution of a Federally- Funded Subgrant
Agreement #11 DS- 9Z- 11 -54 -01 between Monroe County and Florida Division of Emergency
Management (FDEM) in the amount of $8,500.00, no county match required; and authorization
for the County Administrator to execute any other required documentation in relation to the
application process.
Item C9 Board adopted the following Resolution to adopt the 2010 Final Draft Update of
the Local Mitigation Strategy as required by State and Federal Regulations to qualify for certain
mitigation grant funding.
RESOLUTION NO. 030-2011
Said Resolution is incorporated herein by reference.
Item CIO Board granted approval and authorized execution a Renewal Agreement between
Monroe County and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an
emergency medical services (EMS) training environment.
Item Cl I Board granted approval to award bid and authorized execution of a Contract
between Monroe County and U.S. Water Services Corporation for operation and maintenance of
the wastewater treatment plant at the Plantation Key Government Center, Monroe County.
Item C12 Board granted approval for staff to apply for DAC1 /TDC capital project funding
to expand the African Memorial Cemetery at Higgs Beach.
Item C14 Board granted approval to amend and authorized execution of the second and final
option to renew the Contract between Monroe County and Master Mechanical Services, Inc. for
central air - conditioning maintenance and repair for Upper Keys facilities.
2011/6
Item C15 Board granted approval and authorized execution of Task Order No.
PW -HDR -001 between Monroe County and HDR Engineering, Inc. for providing Investment
Grade Audits, design, contract administration and reporting services to enable the County to
comply with Task 6 and all attachments of the Florida Energy and Climate Commission Grant
Agreement No. ARSO10.
Item C16 Board granted approval and authorized execution of a Contract between Monroe
County and Gardens of Eden of the Florida Keys, Inc. for landscaping services at the Key West
International Airport.
Item C17 Board granted approval of USA Parking System, Inc. budget for parking lot
management for the Key West International Airport, for the period December 1, 2010 through
November 30, 2011.
Item C19 Board granted approval and authorized execution of Change Order No. 1 between
Monroe County and Quality Enterprises USA, Inc. for removal of additional muck discovered
during the construction of the Runway Safety Area at Key West International Airport.
Item C20 Board granted approval to submit a response to a Request for Proposal (RFP) to
the Alliance ]or Aging, Inc. for the Community Care for the Elderly (CCE), Home Care for the
Elderly (HCE) and Alzheimer's Disease Initiative (ADI) Grants for approximately $550,000.00.
Item C21 Board granted approval to issue a Request for Proposal (RFP) to provide direct
in -home services for the elderly and disabled as provided under grants to Monroe County from
the Alliance for Aging (e.g., CLP, CCE, HCE, and ADI) and the Florida Department of Children
and Families (e.g. CCDA).
Item C22 Board granted approval and authorized execution of a Vendor Agreement between
Monroe County Social Services and Newtrition Concepts, Inc., to provide nutrition consultation
services.
Item C23 Board granted approval and authorized execution of Amendment to Agreement
between Monroe County and G.A. Food Service, Inc. which renews the Agreement for another
year at a price: of $3.41 per meal.
Item C24 Board granted approval and authorized execution of Master Agreement
1- FYZ6ES between Monroe County and AT &T which provides the terms and conditions that
govern goods an services purchased by the Board of County Commissioners from AT &T.
Item C25 Board granted approval and authorized execution of a Contract between Monroe
County and Grader Mike, LLC, for the Boca Chica Road Restoration project located in Boca
Chica Key.
2011/7
Item C26 Board granted approval and authorized execution of a Local Agency Program
Agreement between Monroe County and the Florida Department of Transportation (FDOT) to
provide funding for engineering design, permitting and construction of repairs to Bridge #904310
Old SR940 Leg A on Big Pine Key.
Item C27 Board granted approval and authorized execution of a Task Order between
Monroe County and ADA Engineering, Inc. for engineering design and permitting services for
the Tom's Harbor Channel Bridge Repair project. The task order is being awarded under the On
Call Professional Engineering Services contract with ADA Engineering, Inc.
Item C28 Board granted approval to advertise a Request for Qualifications (RFQ) for
engineering design services for the Key Largo US Bayside Trail Project (MM 100 - MM 106).
Item C30 Board granted approval and authorized execution of a Contract between Monroe
County and Bella Construction of Key West, Inc., for the replacement of the Perimeter Fencing
at the West Martello Towers.
Item C31 Board granted approval of the receipt of monthly report on Change Orders
reviewed by the County Administrator's Office. Said report is incorporated herein by reference.
Item C33 Board granted approval to purchase 40 Lenovo personal computers; and with 60
flat screen monitors per quotation #K96423 from Lenovo.
TOURIST DEVELOPMENT COUNCIL
Item D 1 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Marine Mammal Conservancy, Inc. for the Marine Mammal
Conservancy Phase I project to extend termination of Agreement to January 31, 2011.
Item D2 Board granted approval to advertise the FY 2012 Monroe County Tourist
Development Council Bricks and Mortar /Capital Projects Request for Funding Application.
DIVISION OF GROWTH MANAGEMENT
Item J1 Board granted approval to negotiate a 5 -year continuing services Contract with
URS Corporation Southern (URS), URS was the highest ranked firm for
RFQ -GMD- 278 -87- 2010- PUR/CV - Transportation Planning Services for Monroe County. If
unable to negotiate successfully with URS, approval to negotiate with the next highest ranked
firm F.R. Aleman.
Item J2 Board granted approval and authorized execution of DEP Agreement No. MV022
between Monroe County and Florida Department of Environmental Protection (DEP) providing
Clean Vessel Act Program (CVA Program) funding in the amount of $60,000 for maintenance
repair, and sewage hauling costs for the County pumpout vessel through September 7, 2012.
2011/8
Item J3 Board granted approval of the selected contractor, Dot Palm Landscaping, Inc.,
and authorized execution of a Contract for Professional Services between Monroe County and
Dot Palm Landscaping, Inc. for the removal of invasive exotic plants from Monroe County
conservation lands.
COMMISSIONERS' ITEMS
NI Board granted approval of Commissioner Rice's appointment of William Wiatt to
the Planning Commission as the District 4 representative. This is a new full -term District 4
appointment to run concurrently with the incoming Commissioner's term.
N2 Board granted approval of Commissioner Rice's re- appointment of Brad Trout to
the Library Advisory Board as the District 4 representative, with a term expiring January 1, 2014.
N3 Board granted approval of Commissioner Wigington's appointment of William
Hunter to the Marine and Port Advisory Committee. Mr. Hunter was appointed to fulfill the term
of Robert C. Mongelli which expires May 15, 2013.
N4 Board granted approval of Commissioner Murphy's re- appointment of Bill Loewy
to the Monroe County Shared Asset Forfeiture Committee, with a term expiring December 20,
1012.
COUNTY CLERK
Item 02 Board granted official approval of the Board of County Commissioner's minutes
from the Regular Meeting of November 17, 2010; and Special Meeting of November 12, 2010
(previously distributed).
Item 03 Board granted approval of the following Warrants: (105976 - 106020 and 557772
- 558824) General Fund (001), in the amount of $4,885,736.77; Fine & Forfeiture Fund (101),
in the amount. of $9,302,428.70; Road and Bridge Fund (102), in the amount of $52,203.51;
TDC District: Two Penny (115), in the amount of $354,813.13; TDC Admin. & Promo 2 Cent
(116), in the amount of $240,696.21; TDC District 1,3 Cent (117), in the amount of
$172,249.30; District 2,3 Cent (118), in the amount of $18,910.80; TDC District 3,3 Cent
(119), in the amount of $63,234.09; TDC District 4,3 Cent (120), in the amount of $21,527.36;
TDC District 5,3 Cent (121), in the amount of $43,895.46; Gov. Fund Type Grants (125), in
the amount of $625,253.48; Fire & Amb District 1 L &M Keys (141), in the amount of
$324,343.77; Upper Keys Health Care (144), in the amount of $26,523.50; Uninc Svc Dist
Parks & Rec (147), in the amount of $50,027.29; Plan, Build, Zoning (148), in the amount of
$259,947.62; Municipal Policing (149), in the amount of $1,532,486.58; Duck Key Security
(152), in the amount of $6,048.12; Local Housing Assistance (153), in the amount of
$30,791.52; Boating Improvement Fund (157), in the amount of $46,748.16; Misc. Special
Revenue Fund (158), in the amount of $28,543.77; Environmental Restoration (160), in the
amount of $1,992.62; Drug Abuse Trust (164), in the amount of $2,911.98; Marathon
2011/9
Municipal Services (166), in the amount of $24,824.81; Big Coppitt Wstewter MSTU (169),
in the amount of $4,288.75; Stock Island Wastewater (171), in the amount of $591.44; Duck
Key MSTU (176), in the amount of $998.75; Building Fund, (180), in the amount of $9,986.25;
1 Cent Infra Surtax (304) in the amount of $69,853.72; Infr Sls Srtx Rev Bds2007, (308), in
the amount of $644,343.38; Duck Key Wastewater (311), in the amount of $424,324.53; Card
Sound Bridge (401), in the amount of $3,631.97; Marathon Airport (403), in the amount of
$60,934.68; :Key West Intl. Airport (404), in the amount of $276,766.88; KW AIP Series 2006
Bonds (405), in the amount of $7,456.50; PFC & Oper Restrictions (406), in the amount of
$523,901.61;, MSD Solid Waste (414), in the amount of $1,195,836.35; Worker's
Compensation (501), in the amount of $6,415.68; Group Insurance Fund (502), in the amount
of $297,904.38; Risk Management Fund (503), in the amount of $94,724.88; Fleet
Management Fund (504), in the amount of $86,981.44; 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 f'or bids. Said schedule is incorporated herein by reference.
Item 05 Board granted approval of TDC expenditures for the month of December, 2010:
Advertising, in the amount of $5,001.03; Bricks & Mortar/Interlocal Projects, in the amount
of $117,750.68; Visitor Information Services, in the amount of $108,016.00; Events, in the
amount of $244,198.09; Office Supplies & Oper Costs, in the amount of $45,962.39; Personal
Services, in the amount of $94,555.12; Public Relations, in the amount of $146,707.07; Sales &
Marketing, in the amount of $112,649.54; Telephone & Utilities, in the amount of $24,669.29;
Travel, in the amount of $15,765.14.
COUNTY ADMINISTRATOR
Item P3 Board granted approval and authorized execution of the Fourth Amendment to
Agreement between Monroe County and Cardenas Partners, LLC extending the term for one (1)
additional year.
COUNTY ATTORNEY
Item Q5 Board granted approval and authorized execution of Modifications to the
Memorandumn of Agreement between Monroe County and Florida Department of Transportation
(DOT), to remove certain areas from the lease of lobster & crab trap storage areas, and to revise
other areas; to clarify the effect of a fence installed by Office of Greenways and Trails (DEP);
and to clarify the need for delineation of the areas in the new Exhibit A (Areas 5 & as revised),
and that motorized vehicles are not allowed on the Heritage Trail.
Item Q6 Board granted approval and authorized execution of an Amendment to
Memorandum of Agreement between Monroe County and Organized Fishermen of Florida, Inc.
(OFF), to remove certain areas from the lease of lobster & crab trap storage areas, and to revise
other areas & to institute a mechanism to force proper maintenance of the areas.
2011/10
Item Q 10 Board granted approval and authorized execution of an Agreement for Expert
Witness Services between Monroe County and Terramar Environmental Services, Inc. in
connection with regulatory takings cases filed against Monroe County, including: Collis, et.al. v.
Monroe County v. State of Florida (Circuit Court Case No. CA -M -04 -379); Lightner, et.al. v.
Monroe County (Circuit Court Case No. 2007 -CA- 280 -K); and Lloyd A. Good v. Monroe
County (Circuit Court Case No. CA -K -0 1 -977. (The agenda was re- opened later in the meeting
to attach the proper back -up to this item).
Motion carried unanimously.
MISCELLANEOUS
Tim l ,'oenig, representing the Flagler Village Affordable Housing Project gave a brief
update on the project.
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 Sylvia Murphy, Commissioner George Neugent,
Commissioner David Rice, Councilwoman Kate Scott (alternate) and City of Layton Councilman
Clark Snow. Absent was City of Layton Mayor Norman Anderson.
Motion was made by Commissioner Murphy and seconded by Councilman Snow to
appoint Commissioner Neugent as Chair to the Board of Governors. Motion carried
unanimously.
Item G2 Jim Callahan, Monroe County Fire Chief addressed the Board. Motion was made
by Commissioner Murphy and seconded by Commissioner Rice granting approval and
authorizing execution of a Business Associate Agreement between Monroe County and
Advanced Data Processing, Inc. d/b /a ADPI - Intermedix Corporation consistent with the
standards set forth in regulations and administrative guidance with respect to the Health
Insurance Portability and Accountability Act of 1996, Public Law 104 -191 (HIPPAA), including
as amended by the Health Information Technology for Economic and Clinical Health Act as set
forth in Title XII Division A and Title IV of Division B of the American Recovery and
Reinvestment. Act of 2009 (HITECH Act). Motion carried unanimously.
There being no further business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
E3
REVISION
2011/11
The Board of County Commissioners meeting reconvened with all Commissioners
present:.
MISCELLANEOUS BULK APPROVALS
Item C29 Board discussed approval of an Agreement for Consulting Services with
Edward Dugger & Associates, P.A., for an Acoustic Study in the Courtrooms at the Freeman
Justice Center. After discussion, motion was made by Commissioner Neugent and seconded
by Commissioner Wigington granting approval and authorizing execution of the item.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item J4 Christine Hurley, Growth Management Director addressed the Board
concerning a Resolution authorizing the Growth Management Division Director to extend the
period of expiration for ROGO/NROGO Allocations to allow building permit revisions for
onsite sewage treatment and disposal systems or for anticipated central sewer service
availability and authorizing the issuance of building permits where central sewer service will
be available within six months. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Wigington to adopt the following Resolution, as
revised to include language that applicants sign an affidavit so that the county and taxpayers
would not be financially responsible for these extensions. Motion carried unanimously.
RESOLUTION NO. 031 -2011
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES /MISCELLANEOUS BULK APPROVALS
DIVISION OF GROWTH MANAGEMENT
Item L1 Kevin Wilson, Senior Director, Engineering Division made a power point
presentation for funding plans and assessment planning for wastewater treatment services for
the Cudjoe Regional Wastewater Plant area. James Reynolds, Executive Director, Florida
Keys Aqueduct Authority addressed the Board. The following individuals addressed the
Board: Bill Hunter, representing Sugarloaf Shores Property Owners Association; Sloan
Bashinsky, Christine Russell, and Bob Eadie, representing the Monroe County Health
Department. After discussion, motion was made by Commissioner Wigington and seconded
by Commissioner Neugent for now up until 2015 the assessment for the central and for the
onsite systems is $5,700 for the Cudjoe Regional Wastewater Plant area, subject to change at
the end of 2015. Motion carried unanimously.
Item C32 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington granting approval and authorizing execution of Amendment 1 between Monroe
County and Government Services Group, Inc. (GSG) for the Development and
Administration of Non Ad- valorem Assessment Program. Motion carried unanimously.
Item J5 Board discussed approval to ratify comments sent on proposed rules 28-
20.130 and 28- 20.140, Florida Administrative Code being promulgated by the Department of
2011/12
Community .Affairs related to the Florida Keys Area of Critical State Concern, by the
administrator on January 10, 2011 or approval to revise and transmit revised comments under
Mayor signature. Rules are expected to be adopted by the Governor and Cabinet May 17, 2011
and become effective July 1, 2011. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Rice granting approval of the letter. Motion carried
unanimously.
COUNTY ATTORNEY
Item Q2 Lisa Grainger, Assistant County Attorney addressed the Board concerning the
request by property owner, Shawn Renz, to reduce a one time fine of $3,900 ordered by the Code
Compliance Special Magistrate in Code Case #CE10040092 for irreparable & irreversible first
time violations of the County's vacation rental ordinances to $975 (25% of one time fine).
Attorney Lee Rohe, representing Shawn Renz; and Mr. Renz addressed the Board. Danny L.
Kolhage, Clerk, addressed the Board. After discussion, motion was made by Commissioner Rice
and seconded. by Commissioner Murphy to deny the request and that if it's not paid within 90
days that the lien foreclosure will begin. Motion carried unanimously.
PROJECT MANAGEMENT/MISCELLANEOUS BULK APPROVALS
Item I1 Jerry Barnett, Director Project Management addressed the Board. William Horn,
William P. Horn Architect, P.A. made a presentation of record for the Master Plan
Redevelopment of Higgs Beach Park. The following individuals addressed the Board: Sloan
Bashinsky, Teri Johnsonton, representing City of Key West; Roger McVeigh, representing the
Friends of Higgs Beach, Inc.; Elsa Colligan, Suzanne Sullivan, representing Key West Garden
Club; Sam Kaufman, Ben Harrison, Tom Coward, Bethany Smith - Martin, Christine Russell,
Gene S. Tinniie, Richard Klitenick, Richard Hatch, Donna Bosold, representing SKW; and
Michael Behrnke, representing Friends of Higgs Beach. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to accept the Phase I Plan and
to move forward on Phase II, preserve the Australian Pines, with the cavaet that no monies spent
will be county ad valorem or infrastructure sales tax. Motion carried unanimously.
Item C 13 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval for staff to apply for DAC 1 /TDC capital project funding for Phase I
Playground Equipment on the beachside of Higgs Beach and approval to advertise the project
contingent upon DACI /TDC approval. Motion carried unanimously.
CLOSED SESSION
Item H1 Suzanne Hutton, County Attorney announced a closed attorney - client session
pursuant to Section 286.011(8), Florida Statutes in the matter of Monroe County and Roman
Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CA K 10 -1050. The persons attending the
meeting will be; the County Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Jr., Assistant County
Attorney Christine Limbert- Barrows and a certified court reporter.
2011/13
Item H2 Suzanne Hutton, County Attorney announced a closed attorney- client session
pursuant to Section 286.011(8), Florida Statutes in the matter of Key West HMA, LLC v. Monroe
County, Case No. CA K 09 -2158. The persons attending the meeting will be; the County
Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief
Assistant County Attorney Bob Shillinger, Jr., and a certified court reporter.
COUNTY ATTORNEY
Item Q 10 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to reopen the agenda and attach the correct back -up with Item Q 10, and to include the
attestation clause. Motion carried unanimously.
PUBLIC HEARINGS
Item R1 A Public Hearing was held to consider adoption of an Ordinance amending
Section 18 -27, Monroe County Code, in order to add Watson Field Park to the list of County
parks, establish the boundaries of Watson Field Park, establish hours of operation for Watson
Field Park, establish an area where pets are allowed at Watson Field Park and provide for rules
and regulations for use of Watson Field Park; providing for severability; providing for the repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; providing for an effective date. There was no public input. Suzanne
Hutton, County Attorney addressed the Board. Motion was made by Commissioner Wigington
and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 001-2011
Said Ordinance is incorporated herein by reference.
Item R2 A Public Hearing was held to consider adoption of an Ordinance amending
Chapter 26, of the Monroe County Code (Waterways) to provide for "No Motor Zones" and
consistent signage; providing for severability and repeal of inconsistent provisions; providing for
filing with the Secretary of State; providing for an effective date. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 002-2011
Said Ordinance is incorporated herein by reference.
Item R3 A Public Hearing was held to consider approval of a Development Agreement and
related Resolution between Banyan Grove Development Corporation (Spottswood Partners, Inc.)
and Monroe County pursuant to Monroe County Code Section 130 -161.1 to build 48 units of
deed - restricted affordable units and allow the transfer of 48 market rate units and 14,219 sq. ft. of
NROGO within the Lower Keys Sub -area at approximately Mile Marker 4.75 in Stock Island,
which is legally described as Square 29 and Block 26, Lots 5 -16, Part of Lot 4, Part of Lot 17,
2011/14
Maloney Subdivision (PB1 -55), also known as parcels A and B; a vacated portion of East Laurel
Avenue; and a vacated portion of Fourth Street RE #00124140.000000. Christine Hurley,
Growth Management Director addressed the Board and advised of the following changes to the
Development Agreement:
Page 5, F7 change the wording as follows: Eligible building permit applieation and other
eo fees charged at the time of permitting shall be waived for the construction of the
affordable housing.
Page , 6, G6(a) i. change the wording as follows: Very Low Income. Not exeeed 3 9
Represents 2, 3 percent of the median income; or
Page 6, G6(a) ii. change the wording to: Low Income. Not to exeeea '^ Represents 60
percent of the median income; or
Page 6, add G6(a) iv. The monthly rental amounts shall be in compliance with the Low
Income Housing Tax Credit (LIHTC) maximum rental rates
Donald Craig, representing Banyan Grove Development and Susan Grimsley, Assistant County
Attorney addressed the Board. The following individual addressed the Board: Christine Russell.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to adopt the following Resolution and granting approval and authorizing execution of
the Agreement, as revised. Motion carried unanimously.
RESOLUTION NO. 032-2011
Said Resolution is incorporated herein by reference.
Item R4 Staff requested that the Public Hearing to consider an Ordinance by the BOCC
amending Monroe County Code Section 101 -1, Definitions, 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 consistently
between the definitions of height and grade in the land development code to clarify from where
measurements are to be taken be continued to the February 16, 2011 meeting in Key Largo, at
3:00 p.m. Motion was made by Commissioner Wigington and seconded by Commissioner Rice
to continue the item to the Key Largo meeting. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item K2 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
to adopt the following Resolution reserving forty-eight (48) affordable housing dwelling unit
allocations for Banyan Grove Development Corporation for use on property located at mile
marker 5, Stock Island, RE# 00124140.000000; setting terms and conditions. Motion carried
unanimously.
RESOLUTION NO. 033-2011
2011/15
Said Resolution is incorporated herein by reference.
Item K3 Board discussed the approval of a waiver of building permit fees for 48 affordable
housing units, to be built at 5455 MacDonald Avenue on Stock Island (RE# 0012410- 000000) by
Banyan Grove Development Corporation, owned by Spottswood Partner, Inc., conditioned on use
of LIHTC funding or other state or federal funding. The following individuals addressed the
Board: Kay Thacker, Bill Hunter, Ron Demes, representing Naval Air Station Key West; and
Donald Craig, representing Banyan Grove Development. After further discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the
item. Motion carried unanimously.
Item K4 Christine Hurley, Growth Management Director introduced Michael Davis and
Debbie Love from Keith & Schnars. Michael Davis, Vice - president and Debbie Love, Project
Manager of Keith & Schnars made a presentation of the data and analysis contained within the
updated DRAFT Technical Document and Map Atlas to the new planning period being analyzed
(2010 -2030) ]for inclusion into the Comprehensive Plan through the Evaluation and Appraisal
report. Ron Demes, representing Naval Air Station Key West addressed the Board. The Board
took no official action.
SOUNDING BOARD
Item MI David Horan addressed the Board concerning the county's gift policy. The Board
took no official action.
DIVISION OF GROWTH MANAGEMENT
Item K Rich Jones, Marine Resources Administrator discussed the County Vessel
Pumpout Program, including a description of pumpout facilities currently available throughout
the Keys and consideration of options for the future provision of mobile pumpout services to
more effectively provide for the needs of the boating public. David Horan, representing the
National Marine Waste Foundation addressed the Board. Suzanne Hutton, County Attorney;
Roman Gastesi, County Administrator; and Christine Hurley, Growth Management Director
addressed the Board. The Board directed staff to go out for an RFP (Option II - Out - sourcing of
services) and to bring a recommendation to the Board in March. The following individual
addressed the Board: Bill Hunter.
PUBLIC HEARINGS
Item S 1 Staff requested that the second of two Public Hearings to consider an Ordinance
amending 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 be continued to the February 16, 2011 meeting in Key Largo. Motion was made
by Commissioner Wigington and seconded by Commissioner Rice to continue the item to the
Key Largo meeting. Motion carried unanimously.
2011/16
COMMISSIONERS' ITEMS
Item N5 James Baker, President of Air Star Airways addressed the Board concerning
approval of P1ayGround Entertainment, Inc. d/b /a Bahamas Express, Charter Operator and ADF
Charter Corp. d/b /a AirStar, AirStar Executive Airways, Direct Air Carrier to provide scheduled
flight operations at the Florida Keys Marathon Airport between Fort Lauderdale, Florida and
Marathon, Florida; to use counter, office space, passenger departure and arrival areas in the
terminal building, the commercial ramp for arriving and departing aircraft and overnight parking
of company aircraft; and to have applicable standard rates and charges waived for the
aforementioned facilities use for a period of one year from the date of commencement of service;
contingent upon compliance with Monroe County Administrative Instruction 2301.5,
Commercial Airline Application Procedure for Monroe County Airports, and review and
approval by the County Attorney and appropriate County staff. James "Reggie" Paros, Florida
Keys Marathon Airport Director addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Wigington granting approval of the item.
Motion carried unanimously.
STAFF REPORTS
Item E 1 Peter Horton, Director of Airports advised the Board that the 2010 Enplanements
& Deplanements Numbers for the Key West International Airport are up 22.5% for 2010 over
2009 in bulk passengers, that's 103,000 passengers more than last year. He also advised that the
numbers meant more airport revenue and about another half a million dollars of AIP funds and
about another two - hundred fifty thousand of PFC funds all of which can go towards paying off
the new terminal project.
COUNTY ATTORNEY
Item Q3 The Board postponed the discussion of charter government and possible direction
to staff regarding steps, if any, to be taken to the February 16, 2011 meeting in Key Largo, with a
time certain.
Item Q4 The Board deleted from the agenda approval of settlement agreement in the matter
of Key West MMA, LLC v. Monroe County, CAK 09 -2158 as the County Attorney's Office is not
ready to go forward with the settlement agreement.
COUNTY ADMINISTRATOR
Item P2 The Board appointed Commissioner Murphy and Commissioner Rice to the 2011
Value Adjustment Board, with Commissioner Neugent serving as an alternate.
COUNTY ATTORNEY
2011/17
Item Q7 Rick Boettger addressed the Board. Bob Shillinger, Chief Assistant County
Attorney and Suzanne Hutton, County Attorney addressed the Board. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and
authorizing execution of an Agreement for Professional Services between Monroe County and
Carr, Riggs & Ingram, LLC in connection with Monroe County and Roman Gastesi v. Stand Up
for Animals, .Inc., Circuit Court Case No. CAK -10 -1050. Motion carried unanimously.
Item Q8 Suzanne Hutton, County Attorney discussed approval to prepare and submit an
Expression of Interest to the Federal Highway Administration (FHA) to set forth the County's
interest in pursing an agreement whereby a toll could be placed on US 1 on Key Largo and a
portion of the toll proceeds could be used for wastewater and stormwater. Roman Gastesi,
County Administrator addressed the Board. The following individual addressed the Board:
Pauline Klein. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval to send the letter to FHA and to include reuse. Roll call
vote carried unanimously.
Item Q 11 Bob Shillinger, Chief Assistant County Attorney addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolution calling on the U.S. Congress to amend the National Flood
Insurance Act to direct FEMA to refrain from issuing flood insurance for new construction on
vacant properties which contain suitable habitat for threatened and endangered species and
authorizing staff and Cardenas Partners to initiate efforts to lobby Congress to assist with this
initiative. Roll call vote carried unanimously.
RESOLUTION NO. 034-2011
Said Resolution is incorporated herein by reference.
There! being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, Deputy Clerk