03/16/2011 Regular36
MINUTES
OF THE P40NROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 16, 2011
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 Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Employee Service Award for the Employee of the Year 2010 to
Richard Jones, Sr. Administrator Marine Resources, Planning and Environmental Resources
Department.
Item B2 Presentation of Mayor's Proclamation proclaiming March 2011 as American Red
Cross Month.
Item B3 Presentation of Mayor's Proclamation proclaiming March 2011 as Seagrass
Awareness Month.
Item B4 Presentation of Mayor's Concurrent Proclamation proclaiming the month of April
2011 - as Earth Month and April 22, as Earth Day in Monroe County.
Item B6 Presentation of Mayor's Proclamation proclaiming April 2011 as Water
Conservation Month.
Item B7 Presentation of Mayor's Proclamation proclaiming May 2011 as Motorcycle
Awareness Month.
Item B5 Presentation of Mayor's Proclamation proclaiming April 2011 as Paddle Smart
Identification Month.
BULK APPROVALS
Motion was made by Mayor Carruthers and seconded by Commissioner
Wigington granting approval of the following items by unanimous consent:
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Item C2 Board granted approval for Revised Supply List made part of the food service
contract between GA Food Service, Inc. and the Board of County Commissioners. The company
revised their Supply List on 1/1/2011 to reflect changes in the pricing and quantities of supplies.
Item C3 Board granted approval of Third Extension of Time to Lease Amendment with
Coast FBO, LLC, Fixed Base Operator (FBO), at the Florida Keys Marathon Airport.
Item C4 Board granted approval to terminate Lease Agreement No. 066LBF0602 between
Monroe County and the U.S. Government for the Upper Air Inflation Building site for the
National Weather Service at the Key West International Airport.
Item C5 Board granted approval to change the PSO contract amount and rescind the
balance of PSO #09 -10 -15 with URS for Pavement Rehabilitation for Aircraft Parking Areas and
Connections at Key West International Airport.
Item C6 Board ratified the previously executed Florida Department of Transportation
Supplemental Joint Participation Agreement Number Six for Contract #A0I94 (Planning
Studies), which changes the scope and the project description of the original grant to include
funding for a portion of the Security Operations and Maintenance expenses at the Key West
International Airport.
Item C7 Board ratified the previously executed Florida Department of Transportation
Supplemental Joint Participation Agreement Number Four for Contract #ANJ94 (Runway Safety
Area Development and Construction), which changes the scope and the project description of the
original grant to include funding for a portion of the Security Operations and Maintenance
expenses at the Key West International Airport.
Item C8 Board ratified the previously executed Florida Department of Transportation
Supplemental Joint Participation Agreement Number Seven for Contract #AK043 (Planning
Studies), which changes the scope and the project description of the original grant to include
funding for a portion of the Security Operations and Maintenance expenses at the Key West
International Airport.
Item C9 Board granted approval to execute Amendment 1 to the Contract with Paradise
Divers, Inc. for the Temporary Ferry Service to Pigeon Key to include a provision requiring
Paradise Divers to use the Department of Homeland Security E -verify program.
Item C11 Board granted approval to reject bid opened on December 8, 2010 and re-
advertise a revised Request for Proposals (RFP) for the Duck Key Security System Installation
and Maintenance project.
Item C13 Board granted approval of Exhibit A as attached to the two contracts approved by
the Board on February 16, 2011 to purchase four lots on Stock Island for the purpose of building
a new fire station.
Item C15 Board granted approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office.
Item C16 Board granted approval and authorized execution of Amendment No. 1 to the
Interlocal Agreement with the Key Largo Fire Rescue and Emergency Medical Services District
effective September 30, 2006 adding a Team Equipment Hurst Extractor, County ID #5794,
Serial /Model #362R3564212- 15300, and a Dell Financial Poweredge Server, County ID #5611,
Serial #6JVDP91 to Attachment 1A of the Agreement, and approval for Mayor to execute same,
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and approval for either the Fire Chief or the County Administrator to execute all documentation
necessary to transfer equipment, including but not limited to an Inventory Deletion Request
form.
Item C17 Board granted approval and authorized execution of a Federally- Funded Subgrant
Agreement with the State of Florida Division of Emergency Management for the FY08 State
Homeland Security Grant Program (SHSGP) 11DS- 40- 11- 54 -01, fully grant funded and no
county match, in the amount of $39,500.00 to provide Homeland Security related planning,
training and exercises, for period September 30, 2009 through June 30, 2011; and authorization
for the County Administrator to execute any other required documentation in relation to the
application process.
Item C19 Board adopted the following Resolution authorizing agents of Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and
to issue citations for violations of the Monroe County Code, including requiring appearance for
disposition in County Court.
RESOLUTION NO. 090 -2011
Said Resolution is incorporated herein by reference.
Item C20 Board adopted the following Resolution removing previous appointment of
authorized agents of Animal Control Contractors.
RESOLUTION NO. 091 -2011
Said Resolution is incorporated herein by reference.
Item C21 Board granted approval of a policy for use of residential housing on County -
owned property for Monroe County employees.
Item C22 Board granted approval to enter into a one - year's residential lease agreement with
a Sheriff's Deputy for Location B to commence April 1, 2011 and terminate on March 31, 2012.
Item C23 Board granted approval to enter into a five -year lease agreement with Strombus
Corporation for the Public Defender's office space at 801 Eisenhower, Key West and authorized
execution of same.
Item C24 Board granted approval and authorized execution of Lease Agreement between
the Monroe County Board of County Commissioners and the Big Pine Key Shopping Center,
LLC, for the space in the Big Pine Key Shopping Center currently occupied by the Monroe
County Library, Big Pine Key Branch, for a period of five years, with an additional three -year
option.
Item C25 Board adopted the following various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue.
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 092 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 093 -2011
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 094 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 095 -2011
Said Resolution is incorporated herein by reference_
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 096 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 097 -2011
Said Resolution is incorporated herein by reference_
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 098 -2011
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 099-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 100 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 101 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 102 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 103 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 104 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 105 -2011
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 106 -2011
Said Resolution is incorporated herein by reference.
Item C26 Board granted approval to advertise a Public Hearing for a Budget Amendment
for the Local Housing Assistance Fund 153.
Item C28 Board granted approval and authorized execution of a Contract and Waiver of the
Competitive Bid Process for the Contract with Green Earth Environmental Foundation Inc., in
the amount of $30,000 to develop a 15 - minute educational video to highlight and promote the
sustainability initiatives that are being implemented via funding through the State's Energy
Program. The amount of the contract is $30,000 and is fully funded from the $3.3 M Grant
Agreement ARS 010 (Energy Grant), with the State of Florida. The Foundation will contribute
an additional in -kind match of $30,000 under the grant agreement.
Item C29 Board granted approval and authorized execution of Contract and Waiver of
Purchasing Policy for the Contract with Cameron -Cole LLC, to develop and prepare Energy
Efficiency ;and Conservation Strategy for the County. The amount of the contract is $20,000 and
is fully funded from the $3.3 M Grant Agreement ARS 010 (Energy Grant), with State of
Florida. The company will contribute an additional $14,000 in match funding under the grant
agreement.
Item C30 Board granted approval and authorized execution of an Addendum Agreement
#FL11- 0490 -00 to the AT &T Master Agreement #201012220258UA providing for a five -year
lease term for existing single mode, point -to -point dry fiber connections in Key West, Florida
between the Harvey Government Center and the following facilities: the Gato Building, the Key
West Courthouse Complex, the Key West Library and the DJJ /MCSO Headquarters Building on
Stock Island at current pricing reflected in contracts FL02- E995 -04, FL02- H385 -02, FL02-
H387 -01, and FL02- J775 -02.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Amendment to the
Agreement with Old Island Restoration Foundation, Inc. covering the Oldest House Museum &
Garden ADA Access Ramp and Upgrade project, to extend termination date to April 30, 2011.
Item D2 Board adopted the following Resolution transferring DAC I, Capital Project
Resources to the Higgs Beach Special Fund.
RESOLUTION NO. 107 -2011
Said Resolution is incorporated herein by reference.
Item D3 Board granted approval and authorized execution of an Amendment to revise
scope of services and extend the Agreement with the City of Key West for the Smathers and Rest
Beach Renourishment Phase II project to March 31, 2012 - $60,876.
Item D4 Board granted approval and authorized execution of an Amendment to extend
Agreement with City of Key West for the Smathers and Rest Beach Renourishment project to
March 31, 2012 - $43,000.
Item D5 Board approved the one at large appointment of Jerry Gaddis to the Tourist
Development Council District V Advisory Committee.
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DIVISION OF GROWTH MANAGEMENT
Item J1 Board granted approval to execute a Local Agency Program (LAP) Supplemental
Agreement: #1 with Florida Department of Transportation (FDOT) to extend the LAP Agreement
(FPN# 428017 -1) to June 30, 2012, which provides funding from the National Scenic Byways
Grant Award for the Florida Keys Scenic Highway Interpretive Panels project.
Item J2. Board granted approval of the selected contractor, Krent - Paffett -Carney Inc.
(d/b /a Experience Design), and contract for interpretive planning and design contracting firms to
design, fabricate, and install interpretive panels for the Florida Keys Scenic Highway.
Item J3 Board granted approval and authorized execution of a Professional Services
contract with URS Corporation Southern (URS) to develop a way finding program along the US
1 Florida Keys Scenic Corridor.
MONROE COUNTY SHERIFF'S DEPARTMENT
Item N1 Board granted approval of request for expenditure from the Law Enforcement
Trust Fund in the amount of $6,000 as follows:
$1,000 - Key West High School; $1,000 - Marathon High School; $1,000 - Coral
Shore High School. These funds will be used to provide a safe, drug and alcohol free celebration
to recognize the achievements of our graduating seniors. $3,000 - KWHS Girls Softball Team,
to help cover expenses.
MONROE COUNTY HOUSING AUTHORITY
Item 01 Board adopted the following Resolution authorizing the Monroe County Housing
Authority to administer the Federal Fiscal Year (FFY) 2010 or FFY 2011 Florida Small Cities
Community Development Block Grant Program and providing for an effective date.
RESOLUTION NO. 108 -2011
Said Resolution is incorporated herein by reference.
Item 02 Board adopted the following Resolution authorizing a budget amendment to the
County's Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development
Block Grant (CDBG) Program and providing for an effective date.
RESOLUTION NO. 109 -2011
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEMS
Item P1 Board approved Commissioner Murphy's appointment of Joel Reed to the
Climate Change Advisory Committee term to expire March 15, 2012.
Item P2 Board approved Commissioner Murphy's appointment of John Forrer to the
Climate Change Advisory Committee term to expire March 15, 2012.
Item P3 Board approved Commissioner Wigington's appointment of Ms. Marlene
Durazo to the KWIA Ad Hoc Committee on Noise representing the community.
Item P4 Board approved Commissioner Wigington's re- appointment of Pam Martin to the
Marine & Port Advisory Committee.
Item P7 Board approved Commissioner Rice's appointment of Alessandra Score to the
Climate Change Advisory Committee.
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Item P8 Board approved Mayor Carruthers appointment Annalise Mannix to the Climate
Change Committee.
Item P9 Board approved Mayor Carruthers' appointment of Chris Belland to the Climate
Change Advisory Committee term to expire March 15, 2012
Item P 10 Board approved Mayor Carruthers' item for approval of a Resolution supporting
legislation to fund the Florida Forever program to make Florida Forever a conservation success
long into the future.
RESOLUTION NO. 110 -2011
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Item Q2 Board officially approved the Board of County Commissioners minutes from the
Regular Meeting of January 19, 2011 (previously distributed).
Item Q3 Board granted approval of the following Warrants: (106070 - 106119 and 559675
- 560553) General Fund (001), in the amount of $1,521,543.24; Fine & Forfeiture Fund (101),
in the amount of $3,211,562.92; Road and Bridge Fund (102), in the amount of $51,903.27;
TDC District Two Penny (115), in the amount of $268,364.45; TDC Admin. & Promo 2 Cent
(116), in the amount of $426,505.08; TDC District 1,3 Cent (117), in the amount of
$355,812.68; District 2,3 Cent (118), in the amount of $44,348.55; TDC District 3,3 Cent
(119), in the amount of $33,889.95; TDC District 4,3 Cent (120), in the amount of $73,634.37;
TDC District 5,3 Cent (121), in the amount of $74,455.55; Gov. Fund Type Grants (125), in
the amount of $242,998.38; Fire & Amb District 1 L &M Keys (141), in the amount of
$135,365.09; Upper Keys Health Care (144), in the amount of $5,421.41; Uninc Svc Dist
Parks & R.ec (147), in the amount of $64,226.79; Plan, Build, Zoning (148), in the amount of
$93,698.38; Municipal Policing (149), in the amount of $489,024.09; Duck Key Security
(152), in the amount of $4,083.16; Local Housing Assistance (153), in the amount of $-
15,661,91; Boating Improvement Fund (157), in the amount of $21,996.55; Misc. Special
Revenue Fund (158), in the amount of $26,750.15; Environmental Restoration (160), in the
amount of $7,362.29;Drug Abuse Trust (164), in the amount of $2,680.14; Cudjoe - Sugarloaf
MSTU (172), in the amount of $287.56; Long Key, Layton MSTU (176), in the amount of
$31.94; Building Fund, (180), in the amount of $13,612.08; 1 Cent Infra Surtax (304) in the
amount of $1,117.97; Infr Sls Srtx Rev Bds2007, (308), in the amount of $3,355.90; Duck Key
Wastewater (311), in the amount of $2,050,579.56; Card Sound Bridge (401), in the amount of
$4,568.70; Marathon Airport (403), in the amount of $350,153.58; Key West Intl. Airport
(404), in the amount of $200,654.01; KW AIP Series 2006 Bonds (405), in the amount of
$2,902.79; PFC & Oper Restrictions (406), in the amount of $197,751.50; MSD Solid Waste
(414), in the amount of $1,231,252.06; Worker's Compensation (501), in the amount of
$8,800.75; Group Insurance Fund (502), in the amount of $298,118.04; Risk Management
Fund (503), in the amount of $42,108.19; Fleet Management Fund (504), in the amount of
$76,720.05:; Fire &EMS LOSAP Trust Fund (610), in the amount of $2,055.00.
Item Q4 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bids. Said listing is incorporated herein by reference.
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Item Q5 Board granted approval of TDC expenditures for the month of February, 2011:
Advertising, in the amount of $578,826.02; Bricks & Mortar /Interlocal Projects, in the
amount of S91,612.39; Visitor Information Services, in the amount of $73,359.00; Events, in
the amount of $95,801.82; Office Supplies & Oper Costs, in the amount of $35,796.04;
Personal Services, in the amount of $202,193.87 Public Relations, in the amount of
$86,774.53; Sales & Marketing, in the amount of $77,812.06; Telephone & Utilities, in the
amount of :313,560.48; Travel, in the amount of $21,274.42.
COUNTY ADMINISTRATOR
Item R2 Board granted approval for the running of the 3rd Annual Key Largo Bridge Run
for Saturday, November 12, 2011 from 5:00 A.M. to 10:30 A.M.
COUNTY ATTORNEY
Item S3 Board granted approval and authorized execution of Amendment to Employment
Agreements with Randy Ludacer and James Hendrick, former County Attorneys, reforming their
prior contracts in order to attribute automobile allowances as regular compensation for FRS
calculations pursuant to the original intent of the parties.
Motion carried unanimously.
: J C
FIRE & AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call were City of Layton Mayor Norman Anderson, Commissioner Sylvia
Murphy, Commissioner David Rice, City of Layton Councilman Clark Snow, and Commissioner
George R. Neugent - Chairman to the Board of Governors.
Item G2 James Callahan, Monroe County Fire Chief discussed the matter. After
discussion, motion was made by Commissioner Murphy and seconded by Mayor Anderson
granting approval and authorizing execution of an Amendment to the Contract with Bound Tree
Medical, LLC to add verbiage to allow for the purchase of items not included in the pricing list,
which is Attachment H to the Contract, at a specific discounted pricing, effective February 1,
2011. Motion carried unanimously.
Item G3 Motion was made by Mayor Anderson and seconded by Commissioner Murphy
granting approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole
source stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of
Florida, in the amount of $78,400.00 for 40 sets of personal protective ensembles (bunker gear)
at $1,960.00 per set, for scheduled replacements and initial issuance for new recruitment of both
career and volunteer firefighters. Motion carried unanimously.
Item G4 Motion was made by Commissioner Murphy and seconded by Commissioner
Rice granting approval to accept the quote from PC Mall Gov, Inc., a State of Florida
Department. of Management Services Contractor, in the amount of $27,660.00, and enter into a
Lease Agreement with their leasing company, VAR Resources, Inc., for a term of 48 months at
$703.96 to lease eight (8) Panasonic Toughbook Laptops, software, and components for Monroe
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County Fire Rescue, and request approval for the Fire Chief to sign all other documents as
needed to complete transaction. Motion carried unanimously.
Item G5 Motion was made by Commissioner Murphy and seconded by Mayor Anderson
granting approval and authorizing execution of Amendment No. 1 to the Renewal Agreement
with Physio- Control, Inc. effective November 1, 2010 for the preventative inspection and
maintenance of biomedical equipment which is used for the cardiac monitoring of patients, to
clarify the increase in the contractual price of $18,912.00. Motion carried unanimously.
The Board discussed the proposed renovation and addition of the Conch Key Fire
Station.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I was adjourned.
E3
The Board of County Commissioners meeting reconvened with all
Commissioners present.
COUNTY ADMINISTRATOR
Item R3 The Board discussed the solicitation of proposals for the renovation and addition
of the Fire Station on Conch Key. James Callahan, Monroe County Fire Chief discussed the
matter. The following individual addressed the Board: Skip Haring. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Wigington granting
approval of the solicitation of proposals for the construction of the Conch Key Fire Station. Roll
call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Item C 14 The Board discussed a Second Addendum to the Lease Agreement with the State
of Florida Department of Transportation (FDOT) which will allow site improvements to the
property presently leased by the County, and to authorize planned landscape and parking area
improvements adjacent to the Conch Key Fire Station. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner Rice granting approval of the item.
Motion carried unanimously.
Item C 1 The Board discussed changes to the Monroe County Personnel Policies and
Procedures Manual as recommended by the Policies and Procedures Committee. A recap of
significant changes to the Personnel Policies and Procedures Manual are indicated in the written
memorandum from Teresa E. Aguiar - Employee Services Director, dated February 23, 2011.
Teresa Aguiiar, Employee Services Director and Suzanne Hutton, County Attorney discussed the
matter. The following individual addressed the Board: Sloan Bashinsky. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice approving the
revisions to the manual as presented in the February 23, 2011 memorandum and today's revision
to include the following language at the end of the section:
Page 10 - Section 1.05 CODE OF ETHICS C:
Elected and appointed officials of the County are subject to the state's
requirements regarding gifts. Roll call vote was taken with the following results:
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Motion carried.
MONROE COUNTY HOUSING AUTHORITY
Item 03 Manuel Castillo, Executive Director of the Monroe County Housing Authority
updated the Board concerning the State of Florida's Housing Initiative Partnership (SHIP)
Program.
MISCELLANEOUS BULK APPROVALS
Item C 10 The Board discussed Amendment Two to the Joint Participation Agreement (JPA)
with Florida Department of Transportation (FDOT) to increase the total contract amount by
$250,000 to fund operation of the Pigeon Key Ferry through June 2012 and to include a
provision to require use of the Department of Homeland Security E -verify program. Judith S.
Clarke, P.E. - Director of Engineering discussed the matter. The following individual addressed
the Board: Kelly McKinnon, representing Pigeon Key. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution
approving the Amendment. Motion carried unanimously.
RESOLUTION NO. 111 -2011
Said Resolution is incorporated herein by reference.
PROJECT MANAGEMENT
Item H1 Kevin Wilson, P.E., Senior Director discussed implementation of the Americans
with Disabilities Act (ADA) Transition Plan as mandated by the U.S. Department of Justice.
Roman Gastesi, County Administrator discussed funding of the plan.
MISCELLANEOUS BULK APPROVALS
Item C12 The Board discussed the advertising of a Request for Proposals for the expansion
of the Key West Aids Memorial at the White Street Pier. Jerry Barnett, Director - Project
Management discussed the matter. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously.
Item C18 The Board discussed an Amendment to the Contract with Bound Tree Medical,
LLC to add verbiage to allow for the purchase of items not included in the pricing list, which is
Attachment H to the Contract, at a specific discounted pricing, effective February 1, 2011.
James Callahan, Monroe County Fire Chief discussed the matter. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
Item C27 Commissioner Rice announced he was abstaining from voting on the Amendment
to the Contract with the Guidance Clinic of the Middle keys, replacing Attachment D, which
concerns subcontracted Baker/Marchman Act transportation, due to a conflict of interest.
Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting
approval of the item. Motion carried unanimously, with Commissioner Rice abstaining.
STAFF REPORTS
Item E1 Airports - Peter Horton, Airports Director reported to the Board concerning the
firehouse at the Key West International Airport and the firefighters at the airport becoming
airport certified.
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Item E6 Growth Management - Christine Hurley, Growth Management Director
announced to the Board that the First Annual Comprehensive Plan Amendment Transmittal
Hearing which was scheduled to be held on March 22, 2011 has been canceled. Ms. Hurley
then requested for the Board to establish a Transmittal Hearing on June 20, 2011 @ 1:00 p.m.,
regarding the Comprehensive Plan Transmittal Hearing and in addition, on the same day at 5:00
p.m., set a :meeting for Keith & Schnars to appear before the Board to summarize the technical
document major issues or findings in order to set the stage for the beginning of the Evaluation
and Appraisal Report. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to hold the above hearings /meetings on June 20, 2011 beginning at
1:00 p.m., at the Marathon Government Center. Motion carried unanimously.
Ms. Hurley reminded the Board of the upcoming Tier Amendment Hearing scheduled for
March 22, 2011 at 11:00 a.m., at the Marathon Government Center.
PUBLIC WORKS
Item I1 The Board discussed the award of bid(s) and entering into contract(s) for the Big
Pine Animal Control, Shelter and Operations and /or Marathon Animal Control, Shelter and
Operations. Roman Gastesi, County Administrator gave a Power Point Presentation on the status
of the item. The following individuals addressed the Board: Attorney RussellYagel,
representing; Responsible Pethood, Inc.; Darva Boot, Jerry Dykhuisen, Joe Wolkowsky, Tom
McDermott, Elton Gissendanner, Alicia Putney, representing the Key Deer Protection Alliance;
Karen Nielson, and Connie Christian, representing the Florida Keys SPCA. Dent Pierce, Public
Works Director discussed the matter. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Wigington granting approval of the Staff
Recommendation to award bids as recommended by the Bid Selection Committee to the
FKSPCA for the Big Pine Key Service area and to SHARK for the Marathon service area,
subject to negotiating a contract with SHARK for the Marathon -only component. In addition,
the County .Administrator and Staff were instructed to also negotiate with the two (2)
recommended parties to come up with some type of an agreement to achieve a cost of no more
than what the county has paid in the past for animal control. During these negotiations, the
county is to recognize their responsibility and obligation to the Habitat Conservation Plan to
reduce predation on Big Pine and No Name Key and the pros and cons of maintaining animal
control on Big Pine Key in a static or mobile manner. Roll call vote was taken with the
following results:
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
Yes
Mayor Carruthers
Yes
Motion carried.
STAFF REPORTS
E7 Public Works - Dent Pierce, Public Works Director reported to the Board he
appeared before the TDC District Advisory Board and they have agreed to fund $150,000 for
playground equipment for Higg's Beach in Key West.
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GROWTH MANAGEMENT
Item J4 The Board discussed a Resolution consenting to the assignment of rights under
the Development Agreement between Monroe County and Northstar Resorts Enterprises Corp. to
Keys Lake Villas, LLC for affordable housing. The following individual addressed the Board:
Jim Saunders, representing Northstar Resort/Key Lake Villas. Susan Grimsley, Assistant County
Attorney discussed the matter. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 112 -2011
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Item K1 The Board discussed direction to move forward with amending Section 102 of the
Land Development Code by Ordinance to change the requirement from two Planning
Commission meetings per month to a minimum of one Planning Commission meeting per month
with the ability to have additional meeting on as needed basis. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the
item. Motion carried unanimously.
Item K2 Richard Jones, Sr. Administrator Marine Resources - Planning and Environmental
Resources Department gave presentation on the County's participation in the Florida Fish &
Wildlife Conservation Commission (FWC) Pilot Program for Anchoring and Mooring
(Program). Christine Hurley, Growth Management Director discussed the matter. The following
individual addressed the Board: Gail Kenson, Community Liaison Officer - Key West Naval Air
Station.
SOUNDING BOARD
Item M1 Anne Morkill, Wildlife Refuge Manager gave a presentation to the Board of
County Commissioners in regards to a Draft Predator Management Plan. The following
individual addressed the Board: Joyce Newman.
COMMISSIONERS' ITEMS
Item PI I The Board discussed Mayor Carruthers' item for discussion and possible direction
to Staff to reinstate opening the county libraries to include a 6th day. The following individuals
addressed the Board: Leo Buk Lhu, Lynn Mapes, Joan Manges, representing Friends of the
Marathon Library; Jacqueline Luce, Jarda Cervenka, Barbara Wright, and Peter Sehlinger. After
discussion, the Board agreed to discuss the possibility of reinstating a 6th day (restoring
Mondays) during the upcoming FY 2012 budget process.
PUBLIC HEARINGS
Item T1 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to continue the Public Hearing to consider a request for Administrative Relief for
Remberto & Iliana Sanchez and Diego R. & Alina F. Castro for property located on Lot 5, Block
14, Key Largo Beach Addition, Key Largo, Real Estate Number 00503560.000000 to the
Board's scheduled meeting of May 18, 2011 in Key Largo at 3:00 P.M. Motion carried
unanimously.
48
Item T2 A Public Hearing was held to consider a request for Administrative Relief for
Patrick & Ileana O. Welch for property located on Lot 63, Sunset Acres Resubdivision, Key
Largo, Real Estate Number 00490321.006300. Motion was made by Commissioner Murphy and
seconded by Commissioner Rice granting approval of the request for Administrative Relief in
the form of one (1) dwelling unit allocation award. Motion carried unanimously.
RESOLUTION NO. 113 -2011
Said Resolution is incorporated herein by reference.
Item T3 Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to continue the Public Hearing to consider a request for Administrative Relief for
William Riehl on Lot 5, Block 1, Revised Plat of Sunrise Point, Key Largo, Real Estate Number
00484430.000000 to the Board's scheduled meeting of May 18, 2011 in Key Largo at 3:00 P.M.
Motion carried unanimously.
Item T4 A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment of Fiscal Year 2011, Affordable Housing Program Fund 100, One Cent
Infrastructure Surtax Fund 304, Infrastructure Sales Surtax Revenue Bonds 2007 Fund 308, and
Big Coppitt: Wastewater Fund 310. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution concerning the receipt of unanticipated funds. Motion carried unanimously.
RESOLUTION NO. 114 -2011
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item P5 The Board discussed Commissioner Neugent's item for possible action regarding
Monroe County Ordinance # 032 -2009 Section 23 -85 Section 2(e) to include the question if
Monroe County is endorsing the double taxation by charging the owner of multiple units through
their business license a tax and also the renter of the unit an additional charge per unit. Christine
Hurley, Growth Management Director and Suzanne Hutton, County Attorney discussed the
matter. The Board agreed to continue the item to the scheduled meeting of April 20, 2011 in
Key West at 3:00 P.M. Motion carried unanimously.
CLOSED SESSION
Item L1 Suzanne Hutton, County Attorney read the required language into the record. An
Attorney - Client Closed session was held in the matter of Florida Key Deer, National Wildlife
Federation, et. al. v. FEMA & USFWS (United States District Court, S.D. Florida No. 90-10037 -
CIV- MOORS).
DIVISION OF GROWTH MANAGEMENT
Item K3 The Board discussed direction to Staff on how to proceed with implementation of
the Fish and Wildlife Biological Opinion dated April 30, 2010 FWS Biological Opinion, as
amended December 14, 2010. The following individual addressed the Board: David Paul
Horan. Bob Shillinger, Chief Assistant County Attorney discussed the matter. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice authorizing
the County Attorney to file a Motion for a Stay. Motion carried unanimously. Motion was made
by Commissiioner Murphy and seconded by Commissioner Rice to obtain the outside firm of
Hogan Lovells to assist the County in the appeal process. Motion carried unanimously.
►, .,
COUNTY ADMINISTRATOR
Item R1 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for February, 2011 dated March 1, 2011. The Board
discussed the funding shortfall from the state for senior citizen programs.
Item R4 The Board discussed reducing all fees currently charged to use the theater at the
Murray E. 'Nelson Government and Cultural Center to the rates currently in effect for other
County meeting rooms. The following individual addressed the Board: Pauline Klein. Dent
Pierce, Public Works Director discussed the matter. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to approve the item effective
today for a period of twenty -four (24) months as a pilot program. The document entitled Fee
Schedule -Meeting Rooms and Theater dated March 16, 2011 is incorporated by reference. Roll
call vote was taken with the following results:
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
No
Mayor Carruthers
Yes
Motion carried.
COUNTY ATTORNEY
Item S2 Suzanne Hutton, County Attorney read the required language into the record and
requested approval to schedule an Attorney - Client Closed Session of the Board of County
Commissioners in the matter of State of Florida, Department of Community Affairs vs. Monroe
County and Leo F. Winterling and James A. Winterling, DOAH Case No. 10- 0547DRI, APP -09-
008. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to
schedule an Attorney - Client Closed Session of the Board of County Commissioners in the above
matter at the regular meeting of the Board on Wednesday, April 20, 2011 at 1:30 p.m. @ the
Harvey Government Center in Key West. Motion carried unanimously.
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
,a o
Isabel C. DeSantis, Deputy Clerk