06/15/2011 Special2011/95
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 15, 2011
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner 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; 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 B1 Presentation of Employee Service Award for the month of January to Michael
Roberts, Sr. Administrator, Environmental Resources.
Item B2 Presentation of Employee Service Award for the month of March, 2011, to Holly
Pfiester, Sr. Project Management/ Wastewater Technician.
Item B3 Presentation of Mayor's Proclamation observing the 20th anniversary of
Leadership Monroe County.
BULK APPROVALS
Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Item C1 Board adopted the following Resolution by the Monroe County Board of County
Commissioners to clarify the membership on the Climate Change Advisory Committee (CCAC)
and to repeal the prior Resolution 02-2011.
RESOLUTION NO. 149-2011
Said Resolution is incorporated herein by reference.
2011 /96
Item C3 Board granted approval and authorized execution of Amendment #0002 to the
Community Care for Disabled Adults (CCDA) Contract #KG-065 (7/l/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 C4 Board granted approval to extend existing contract with Hospice of the Florida
Keys, Inc. d/b/a Visiting Nurse Association to provide direct care services (Chore, Homemaking,
Personal Care, and Respite).
Item C5 Board granted approval and authorized execution of Amendment 002 to the
Visiting Nurse Association (VNA) Contract (7/1/11-12/31/11) between Monroe County Board of
County Commissioners (Social Services/In-Home Services) and Hospice of the Florida Keys,
Inc. d/b/a Visiting Nurse Association.
Item C6 Board granted approval and authorized execution of the Community Care for
Disabled Adults (CCDA) Contract #KG-066 (7/l/11-6/30/12) between the Florida Department of
Children & Families and the Monroe County Board of County Commissioners (Social
Services/In-Home Services).
Item C7 Board granted approval and authorized execution of Amendment #2 to the
Contract with Paradise Divers, Inc. for the Temporary Ferry Service to Pigeon Key to extend the
term of the contract to expire on June 30, 2012.
Item C8 Board granted approval to advertise a Request for Proposals (RFP) for
constructing and maintaining bus shelters on County and DOT rights of way for the purpose of
selling and placing advertising within shelters.
Item C9 Board granted approval to negotiate a contract with Metric Engineering, Inc., for
Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path Project. If
negotiations fail, approval to continue negotiating with the next highest ranked firm until
successful negotiations are achieved.
Item C10 Board adopted the following Resolution requesting Florida Department of
Transportation (FDOT) to surplus and convey three (3) right of way parcels to Monroe County
for the purpose of constructing components of the Cudjoe Regional Wastewater System.
RESOLUTION NO. 150-2011
Said Resolution is incorporated herein by reference.
Item C 11 Board granted approval and authorized execution of a First Amendment to
Contract with Bender & Associates Architects, P.A. for additional services for re -design and
architectural drawings for a section of fencing at the West MartelloTower.
Item C 12 Board granted approval to use Impact fees from District 1 for the Design, Survey,
& Geotechnical services to elevate the soccer field and improve drainage at Bernstein Park.
2011 /97
Item C13 Board granted approval and authorized execution of a Fourth Amendment to
Contract with William P. Horn Architect, P.A. for design and construction documents for the
beachside playground in Phase 1 of Higgs Beach redesign.
Item C 14 Board accepted the monthly report on Change Orders reviewed by the County
Administrator's Office.
Item C 15 Board adopted the following various Resolutions for the Transfer of Funds and
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 151-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 152-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 153-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 154-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 155-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 156-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 157-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 158-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 159-2011
2011/98
Said Resolution is incorporated herein by reference.
Transfer of Funds (Schedule Item No. 10).
RESOLUTION NO. 160-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 161-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 162-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 163-2011
Said Resolution is incorporated herein by reference.
Item C 16 Board granted approval to amend and renew the existing bio-diesel fuel contract
with Dion Oil Company for delivery of bio-diesel fuel for one additional year.
Item C 17 Board granted approval to execute an Agreement with the Florida Department of
Environmental Protection (FDEP) for FDEP Site Rehabilitation Funding and fuel contamination
clean up at the Key West Public Works compound.
Item C 18 Board granted approval to advertise for bids for the Card Sound Road Restoration
Project, Card Sound Road, Key Largo, Florida.
Item C21 Board granted approval and authorized execution of a Lease Agreement with
Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building,
1100 Simonton Street, Key West, FL.
Item C22 Board granted approval to award bid and authorized execution of a Contract with
Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell Library and
Department of Juvenile Justice Building, second floor.
Item C23 Board granted approval to award bid and authorized execution of a Contract with
U. S. Water Services Corporation for operation and maintenance of the wastewater treatment
plant for the Roth Building, Monroe County.
Item C24 Board granted approval for Solid Waste staff to reduce tipping fees from $120/ton
to $86/ton for disposal of illegal fishing gear. This project represents a partnership between the
Florida Fish and Wildlife Conservation Commission and the Organized Fishermen of Florida.
This is a statewide program operated by the Florida Fish and Wildlife Conservation Commission.
2011 /99
Item C25 Board granted approval of and authorized execution of a Grant Agreement from
the Florida Department of Environmental Protection (DEP) for the Consolidated Small County
Solid Waste Management Grant funds in the amount of $70,588.
Item C26 Board adopted the following Resolution to authorize the submission of the
Consolidated Small County Solid Waste Management Grant Application to the Florida
Department of Environmental Protection (DEP) for Fiscal Year 2011/2012.
RESOLUTION NO. 164-2011
Said Resolution is incorporated herein by reference.
Item C27 Board granted approval of additional work by SCS Engineers as required by the
Florida Department of Environmental Protection (FDEP) to obtain renewal of the Operation
Permit for the Cudjoe Key Lined Landfill cells.
Item C29 Board granted approval and authorized execution of a Monroe County Sheriff's
Office Off -Duty Employment Contract for the hiring of a deputy to enforce rules and regulations
at Harry Harris Park during four (4) holiday weekends each year (Easter, Memorial Day, Fourth
of July, and Labor Day).
Item C30 Board granted approval and authorized execution of a Second Amendment to the
Contract with Safe Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon
Animal Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70.
Item C31 Board adopted the following Resolution setting rules for use of Bay Drive, Sunset
Point, PB 2, Page 81, Key Largo, Florida.
RESOLUTION NO. 165-2011
Said Resolution is incorporated herein by reference.
Item C32 Board granted approval and authorized execution of a Wastewater Treatment
Plant Maintenance Agreement with Conch Wastewater, Inc. for the Florida Keys Marathon
Airport at a monthly cost of $585.75.
Item C33 Board granted approval of an access letter with Comcast Cable Communications
Management, LLC consenting to the installation, operation and maintenance of cable and other
equipment by Comcast and at Comcast's sole cost and expense to provide communication
services to tenants and other occupants of airport property at 8800 Overseas Highway, Marathon,
FL.
Item C34 Board granted approval and authorized execution of a Utility Easement to Florida
Keys Electric Cooperative, Inc., and The City of Marathon, Florida for an Easement Parcel
Located on the Little Venice Wastewater Treatment Facility leasehold at the Florida Keys
Marathon Airport.
2011/100
Item C36 Board granted approval and authorized execution of a Settlement Agreement with
Charley Toppino & Sons Inc. / Monroe Concrete Products Inc.
Item C37 Board granted aproval and authorized execution of Supplemental Lease
Agreement No. 1 to Lease No. GS-04B-59817 between Monroe County and the United States of
America for the Transportation Security Administration at the Key West International Airport.
Item C38 Board granted approval and authorized execution of a Memorandum of
Understanding between Monroe County and LifeStar Response of Alabama, dba Care
Ambulance providing EMS ground services for Key West for mutual emergency services
assistance within Monroe County.
Item C40 Board granted approval and authorized execution of an Agreement with the State
of Florida, Division of Emergency Management concerning an Emergency Management Base
Grant (Contract#12-BG-11-54-01-044) in the amount of $105,806, fully grant funded and no
county funding required; and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
Item C41 Board granted approval and authorized execution of a Community Care for the
Elderly (CCE) Contract KC-1171 between the Alliance for Aging, Inc. (Area Agency on Aging)
and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal
year 7/1/11 to 12/31/11.
Item C42 Board granted approval and authorized execution of a Home Care for the Elderly
(HCE) Contract KH-1172 between the Alliance for Aging, Inc. (Area Agency on Aging) and
the Monroe County Board of County Commissioners (Social Services/In-Home Services) for
fiscal year 7/1/11 to 12/31/11.
Item C43 Board granted approval and authorized execution of Amendment #003 to the
Community Care for the Elderly (CCE) Contract KC-1071 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of Commissioners (Social
Services/In-Home Services) for fiscal year 7/1/10 to 6/30/2011.
Item C44 Board granted approval and authorized execution of Amendment #003 to the
Home Care for the Elderly (HCE) Contract KH-1072 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services) for fiscal year 7/1/10 to 6/30/11.
TOURIST DEVELOPMENT COUNCIL
Item D6 Board granted approval and authorized execution of an Amendment to Agreement
with Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to revise
reimbursement of compensation process.
2011/101
Item D7 Board granted approval and authorized execution of a contract with 3406 North
Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for
operating an executive office for tourism promotion by Monroe County Code Section 2-299
(D)(E).
Item D8 Board granted approval of a request to deny any request for waivers of conflict of
interest by TDC Board Members or Advisory Committee Members.
DIVISION OF GROWTH MANAGEMENT
Item I1 Board granted approval to re -appoint Peggy J. Bankester to one (1) additional
three (3) year term to the Contractors' Examining Board (CEB) beginning June, 2011.
Item I2 Board granted approval to appoint Alesha Lee Scheuerman to one (1) three (3)
year term to the Contractors' Examining Board (CEB) beginning June, 2011.
Item I3 Board granted approval to appoint William F. Miller to one (1) three (3) year
term to the Contractors' Examining Board (CEB) beginning June, 2011.
Item I4 Board granted approval to rescind March 16, 2011, BOCC action to execute
Local Agency Program (LAP) Agreement Supplemental Agreement #1 with the 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, as the document is not necessary for the
extension approval.
Item I5 Board granted approval to rescind agenda item number J3 from the March 16,
2011 BOCC meeting (the incorrect electronic version of the contract was provided to the Clerk),
and approve the corrected professional services contract with URS Corporation Southern (URS),
retroactive to March 16, 2011, to develop a wayfinding program along the US 1 Florida Keys
Scenic Corridor.
Item I7 Board adopted the following Resolution of the Monroe County Board of County
Commissioners establishing the monetary value of a single Rate of Growth
Ordinance/Non-Residential Rate of Growth Ordinance (ROGO/NROGO) allocation system
competition point for purposes of payment by applicants in the ROGO/NROGO system with a
maximum of 2 points available per application.
RESOLUTION NO. 166-2011
Said Resolution is incorporated herein by reference.
Item I9 Board adopted the following Resolution by the Monroe County Board of County
Commissioners to clarify Private Provider fees and more effectively implement the true costs of
providing the services associated with the Private Provider fees within the building permitting
and inspection system and adding a legislative extension fee to accommodate permit
2011/102
extension requested in accordance with H137207.
RESOLUTION NO. 167-2011
Said Resolution is incorporated herein by reference.
Item I10 Board granted approval a process and procedure for the removal of unsafe,
unoccupied, non -homestead structures to protect the health, safety and welfare of Monroe County
residents. Said document entitled Monroe County Code Compliance - Unsafe, Unoccupied and
Non -Homesteaded Uninhabitable Structure Removal Procedure draft as of 4130111 is
incorporated herein by reference.
COMMISSIONERS' ITEMS
Item M3 Board granted approval of Commissioner Wigington's appointment of Mr.
Marvin Hunt to the KWIA Ad Hoc Committee on Noise representing the noise makers.
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners minutes
from the Regular Meeting of April 20, 2011 (previously distributed).
Item N3 Board granted approval of the following Warrants: (106246 - 106300 and 562626
- 563509) General Fund (001), in the amount of $1,404,817.24; Fine & Forfeiture Fund (101),
in the amount of $3,164,041.72; Road and Bridge Fund (102), in the amount of $69,935.82;
TDC District Two Penny (115), in the amount of $302,820.83; TDC Admin. & Promo 2 Cent
(116), in the amount of $713,134.51; TDC District 1,3 Cent (117), in the amount of
$635,497.19; District 2,3 Cent (118), in the amount of $54,471.39; TDC District 3,3 Cent
(119), in the amount of $116,442.13; TDC District 4,3 Cent (120), in the amount of $72,246.20;
TDC District 5,3 Cent (121), in the amount of $153,698.487; Gov. Fund Type Grants (125),
in the amount of $334,947.12; Fire & Amb District 1 L&M Keys (141), in the amount of
$65,054.48; Upper Keys Health Care (144), in the amount of $472.36; Uninc Svc Dist Parks
& Rec (147), in the amount of $62,424.69; Plan, Build, Zoning (148), in the amount of
$34,492.70; Municipal Policing (149), in the amount of $485,260.16; 911 Enhancement Fee
(150), in the amount of $45,739.97; Duck Key Security (152), in the amount of $3,880.41;
Local Housing Assistance (153), in the amount of $5,287.71; Boating Improvement Fund
(157), in the amount of $35,901.29; Misc. Special Revenue Fund (158), in the amount of
$73,808.91; Environmental Restoration (160), in the amount of $3,769.89; Drug Abuse Trust
(164), in the amount of $2,608.14; Building Fund (180), in the amount of $22,022.64; 1 Cent
Infra Surtax (304) in the amount of $380.93; 2003 Revenue Bonds, (307), in the amount of
$4,175.00; Infr Sls Srtx Rev Bds2007, (308), in the amount of $9,619.33; Duck Key
Wastewater (311), in the amount of $389,869.46; Card Sound Bridge (401), in the amount of
$9,643.55; Marathon Airport (403), in the amount of $24,417.32; Key West Intl. Airport
(404), in the amount of $248,039.71; KW AIP Series 2006 Bonds (405), in the amount of
$558.25; PFC & Oper Restrictions (406), in the amount of $236,255.30; MSD Solid Waste
(414), in the amount of $1,145,423.14; Worker's Compensation (501), in the amount of
2011/103
$8,227.46; Group Insurance Fund (502), in the amount of $262,139.42; Risk Management
Fund (503), in the amount of $724,938.44; Fleet Management Fund (504), in the amount of
$95,428.51; Fire&EMS LOSAP Trust Fund (610), in the amount of $2,055.00.
Item N4 Board granted approval to remove surplus equipment from inventory via
disposal or advertise for bid.
Item N5 Board granted approval of Tourist Development Council Expenditures for the
month of May, 2011: Advertising, in the amount of $1,264.951.02; Bricks &
Mortar/Interlocal Projects, in the amount of $124,341.40; Visitor Information Services, in
the amount of $61,101.00; Events, in the amount of $179,508.49; Office Supplies & Oper
Costs, in the amount of $41,993.80; Personal Services, in the amount of $189,291.39; Public
Relations, in the amount of $81,952.06; Sales & Marketing, in the amount of $86,395.35;
Telephone & Utilities, in the amount of $16,562.40; Travel, in the amount of $16,782.29.
Item N6 Board granted approval to accept the proposal from Bank of America for the
extension of the Letter of Credit associated with the Monroe County, Florida Series 2006 Airport
Variable Rate Revenue Bonds.
COUNTY ADMINISTRATOR
Item 02 Board granted approval for the running of the 31st Annual 7-Mile Bridge Run
for Saturday, April 21, 2012 from 6:45 A.M. to 9:00 A.M.
COUNTY ATTORNEY
Item P2 Board granted approval and authorized execution of an Amendment to
Employment Agreement with John Richard Collins, former County Attorney, reforming his 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.
MISCELLANEOUS BULK APPROVALS
Item C2 The Board discussed an Application Services Agreement between Monroe County
and OverDrive, Inc., for the implementation of digital book technology and services in providing
eBook, audio book, and multimedia in digital formats for the Monroe County Public Library
System patrons. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent granting approval of the item. Motion carried unanimously.
Item C 19 The Board discussed advertising of construction bids for Jackson Square Energy
Conservation Measures. Dent Pierce, Public Works Director discussed the item and indicated
for the record that the grant requirement did not allow any local preference, (Ordinance #:
2011/104
023-2009). After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Murphy granting approval to advertise the item. Motion carried unanimously.
Item C20 The Board discussed award of bid and execution of contract, including Add
Alternate, to Peach State Roofing, Inc. for the Roofing Improvement Project at the Monroe
County Detention Center on Stock Island. Roman Gastesi, County Administrator and Suzanne
Hutton, County Attorney discussed the item. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Neugent approving the item as well as Staff
sending notice to the Monroe County Contractor's Association for upcoming construction
projects. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item 04 Karl D. Borglum, Monroe County Chief Property Appraiser provided the Board
with an update on Monroe County's 2011 Estimate Comparison of property values.
MISCELLANEOUS BULK APPROVALS
Item C28 The Board discussed waiving of bid bond requirement and award of bid for a
Contract with 3rd Generation Plumbing, Inc. for on -site sewer connection at the Key Largo
Community Park in the amount of $38,850. Dent Pierce, Public Works Director discussed the
matter. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent approving the item. Motion carried unanimously.
Item C35 The Board discussed deductive Change Order #2 from Quality Enterprises USA
for the Runway Safety Area project at the Key West International Airport. Peter Horton,
Airports Director discussed the matter. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Rice granting approval of deductive Change Order #2
from Quality Enterprises USA for the Runway Safety Area project at the Key West International
Airport. Motion carried unanimously.
Item C39 The Board discussed Emergency Management Performance Grant FY12 Federally
Funded Subgrant Agreement 12-FG-11-54-01-111 in the amount of $60,224.00, fully grant
funded and no county match, and authorization for the County Administrator to execute any
other required documentation in relation to the application process. James Callahan, Fire Chief
discussed the item. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent granting approval and authorizing execution of the item. Motion carried
unanimously.
TOURIST DEVELOPMENT COUNCIL
The Board discussed the following items:
2011/105
Item D 1 Agreement with the Greater Marathon Chamber of Commerce, Inc. to provide
Visitor Information Services in an amount not to exceed $160,000 per year commencing October
1, 2011.
Item D2 Agreement with the Key Largo Chamber of Commerce, Inc. to provide Visitor
Information Services in an amount not to exceed $142,000 per year commencing October 1,
2011.
Item D3 Agreement with the Lower Keys Chamber of Commerce, Inc. to provide Visitor
Information Services in an amount not
to exceed $91,200 per year commencing October 1, 2011.
Item D4 Agreement with the Greater Key West Chamber of Commerce, Inc. to provide
Visitor Information Services in an amount not to exceed $317,867 per year commencing October
1, 2011.
Item D5 Agreement with the Islamorada Chamber of Commerce, Inc. to provide Visitor
Information Services in an amount not to exceed $150,000 per year commencing October 1,
2011.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval and authorizing execution of the above items. Motion
carried unanimously.
STAFF REPORTS
E1 Airports - Peter Horton, Airports Director reported to the Board the passenger
figures for the month of May, 2011 were up 25.4% over the month of May, 2010. Mr. Horton
informed the Board that the County's travel application for the Key West International Airport to
serve Cuba was denied by the U.S. Customs & Border Protection.
EMPLOYEE SERVICES
Item G1 The Board discussed allowing Staff to begin negotiating Contracts with
Blue Cross Blue Shield of Florida in the area of Medical Plan Administration to include claims
administration, utilization review, large case management, disease management, network
management and wellness programs and with Envision in the area of Pharmacy
Benefit Management. Richard A. Capizzi, Monroe County's Employee Benefit Consultant and
Area Assistant Vice President with Gallagher Benefit Services, Inc., gave a presentation to the
Board on his evaluation and analysis of the submitted proposals. The following individuals
addressed the Board: Richard Legg, representing Wells Fargo; Emilio J. Monte, representing
Wells Fargo - Keys Physician Hospital Alliance; Robin Lockwood, M.D., representing Keys
Physician Hospital Alliance; Christine Nagy, representing Keys Physician Hospital Alliance;
Michael Klitnick , M.D., representing Keys Physician Hospital Alliance; Steven Takas, M.D.;
2011/106
Cannella M. Sebastian, M.D., M.S., representing Blue Cross Blue Shield of Florida; Marie M.
Been, RD, JD; Mike Rice, County's Selection Committee Member. Tina Boan, Budget and
Finance Director discussed the financial condition of the County's insurance fund. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval to allow Staff to begin negotiating contracts with Blue Cross Blue Shield of
Florida in the area of Medical Plan Administration to include claims administration, utilization
review, large case management, disease management, network management and wellness
programs and with Envision in the area of Pharmacy Benefit Management. Roll call vote was
taken with the following results:
Motion carried.
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
No
Mayor Carruthers
Yes
WASTEWATER
Item K1 The Board discussed adoption of a Resolution establishing the wastewater
capacity fee for properties developed within the Big Coppitt and Duck Key central service areas
after the levy of the non -ad valorem wastewater assessments; providing for a method of adjusting
for inflation; providing for a method of collection, and providing for an effective Date. Kevin
Wilson, Senior Project Manager discussed the item and read into the record the correct number
for the December 2007 CPI-U to be 210.0 not 211.4 (to be inserted on Page 2 of the resolution,
Section 1.0, subsection 1_1 Residential Service). Suzanne Hutton, County Attorney discussed the
item. The following individual addressed the Board: Bill Hunter, representing the Sugarloaf
Shores Property Owner's Association. After discussion, motion was made by Commissioner
Wigington and seconded by Commissioner Murphy to adopt the following Resolution
RESOLUTION NO. 168-2011
Said Resolution is incorporated herein by reference.
STAFF REPORTS
Item E6 Growth Management - Christine Hurley, Growth Management Director reminded
the Board of the scheduled public meetings on June 20, 2011 in Marathon - the first meeting
begins at 3:00 P.M. for the Comprehensive Plan Transmittal Hearing and the second meeting
begins at 5:00 P.M. for a presentation by Keith & Schnars on the updated Comprehensive Plan
Technical Document. Ms. Hurley discussed the final Tier Hearings held on May 4, 2011 and
indicated the packet with the changes which were made through the public hearing process have
been sent to the Department of Community Affairs for their review. Ms. Hurley reported on
other properties that are to be reviewed - undesignated and offshore islands - the Tier
Designation Review Committee may reconvene in August or September for recommendations.
2011/107
The Board and Suzanne Hutton, County Attorney and Bob Shillinger, Chief
Assistant County Attorney discussed the status of Key Largo Ocean Resorts' (KLOR) Settlement
Agreement and the Planning Commission's decision to reschedule the hearing.
CLOSED SESSIONS
Suzanne Hutton, County Attorney read the required language into the record for
the following Closed Sessions:
Item H1 An Attorney -Client Closed Session of the Board of County Commissioners was
held in the matter of Judi's House, Inc. v. Monroe County, Case No. CA-K-10-187. 1:50 P.M.
Item H2 An Attorney -Client Closed Session of the Board of County Commissioners was
held in the matter of Galleon Bay Corp. v. Monroe County & State of Florida, Case No.
CA-K-02-595. 2:10 P.M.
Item H3 An Attorney -Client Closed Session of the Board of County Commissioners was
held in the matter of Florida Key Deer v. Craig Fugate, et al., Case No. 90-10037-CIV.
GROWTH MANAGEMENT
Item J4 Bob Shillinger, Chief Assistant County Attorney indicated that due to the Board's
direction during today's Closed Session the subject letter will be modified and added to the June
20, 2011 Special BOCC Meeting agenda being held in Marathon - Discussion and direction to
Staff on how to proceed with implementation of the Fish and Wildlife Biological Opinion dated
April 30, 2010 as amended December 14, 2010 and authorization for Mayor Heather Carruthers
to sign attached letter responding to FEMA's April 14, 2011 letter. In addition, Staff was
directed to postpone until further notice the scheduled meeting for Friday (6/17/11) which FEMA
is having at the Murray Government Center in Key Largo.
COUNTY ATTORNEY
Item H4 Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to hold an Attorney -Client Closed Session of the Board of County Commissioners in the
matter of Gregory Klimock, et al. v. Monroe County and State Board of Trustees of the Internal
Improvement Trust Fund, Case No. 2010-CA-979-K at the Board's meeting on July 20, 2011 in
Key West at 1:30 P.M. Motion carried unanimously.
PUBLIC WORKS
Item F 1 The Board discussed the proposed Residential Solid Waste Rates for Fiscal Year
2011/12. The proposed rate would increase from $396/residence to $432/residence (this rate
increase includes $9 which would raise $300,000 per year, for two years, toward a Solid Waste
Master Plan). There would also be an increase in Tipping Fees from $120/ton to $130/ton and
the Commercial Disposal rate; the proposed increases would be effective October 1, 2011. Dent
2011/108
Pierce, Public Works Director and Beth Leto, Assistant Public Works Director discussed the
matter. Rosa Washington, Solid Waste Management Senior Administrator gave a Powerpoint
presentation on the Solid Waste Residential FY 2011/2012 Monroe County Proposed Rates. The
following individual addressed the Board: Bill Hunter, representing the Sugarloaf Shores
Property Owner's Association. Tina Boan, Budget & Finance Director discussed the financial
condition of the County's solid waste fund balance. After discussion, motion was made by
Commissioner Wigington and seconded by Commissioner Murphy to proceed with a new solid
waste rate increase of $8.00; eliminate spending $1,000.000.00 toward a Solid Waste Master
Plan; and direction to Staff to come back to the Board with a plan that will increase recycling
rates and decrease costs going forward. Motion carried unanimously.
PUBLIC HEARINGS
Item Q1 A Public Hearing was held concerning an Ordinance amending Section 23-76 of
the County Code to clarify the business tax pre -requisites for mobile traveling junk dealers;
Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances; and Providing for an
effective date. Dent Pierce, Public Works Director discussed the matter. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO.009-2011
Said Ordinance is incorporated herein by reference.
Commissioner Neugent excused himself from the meeting.
Item Q2 A Public Hearing was held amending Resolution No. 134-2011, the Planning and
Environmental Resources Department Fee Schedule, to add a fee for applications for extension
of time under HB7207; and repeal any other fee schedules inconsistent herewith. The Board
accepted public input with the following individuals addressing the Board: After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the
following Resolution. Motion carried unanimously, with Commissioner Neugent not present.
RESOLUTION NO. 169-2011
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Commissioner Neugent returned to the meeting and took his seat.
Item 03 The Board was provided with an overview by the County's Washington lobbyists
- Carl Chidlow and Emily E. Zammit of the firm Cardenas Partners, LLC on the Legislative
Session. Mr. Chidlow discussed the following items: His attendance in Washington, D.C. on
May 24th along with Mayor Carruthers, County Administrator Roman Gastesi, Assistant County
Attorney Derek Howard, Chief Assistant County Attorney Bob Shillinger and Growth
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Management Director Christine Hurley for upcoming legislation via the Water Resources
Development Act for funding of wastewater and stormwater projects. Mr. Chidlow also
discussed downstairs enclosure issues; consideration for Mayor Carruthers to serve on the
Federal Insurance Board administered by the Department of the Treasury; and a meeting which
was secured with the Federal Highway Administration to discuss the possibility of a tolling
proposal for US 1 in the Florida Keys. Ms. Zammit discussed status of Federal Transportation
via the Surface Transportation Authorization Bill, a National Infrastructure Bank, and Build
America Bonds.
GROWTH MANAGEMENT
Item J4 Christine Hurley, Growth Management Director requested clarification from the
Board on the item wherein Staff was directed to postpone until further notice the scheduled
meeting for Friday June 17, 2011 with FEMA at the Murray Government Center in Key Largo.
The Board clarified that the meeting may be held by FEMA officials; however, County staff will
not be attending.
Item I6 The Board discussed Amendment 3 to the Ground Lease Agreement between
Monroe County and Islander Village, LLC to allow an additional twenty-four (24) months from
the date of execution of this amendment until June 14, 2013, to substantially complete the
affordable housing units. Christine Hurley, Growth Management Director and Suzanne Hutton,
County Attorney discussed the matter. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of
the item. Motion carried unanimously.
COUNTY ATTORNEY
Item P3 Bob Shillinger, Chief Assistant County Attorney made a presentation of a
Settlement Agreement in the matter of the Department of Community Affairs v. Monroe County,
Leo Winterling, et al, DOAH case #10-0547. The following individual addressed the Board:
Attorney Frank Greenman. Christine Hurley, Growth Management Director addressed the
Board. Roll cal vote was taken with the following results:
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner Wigington
No
Mayor Carruthers
No
Motion carried.
GROWTH MANAGEMENT
Item I8 The Board discussed a Resolution setting July 20, 2011, 3:00 p.m. at the
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Harvey Government Center, Key West for a Public Hearing for a proposed abandonment of the
entire rights of way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan
Lane, as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe
County, Florida recorded in Plat Book 5, Page 49 of the Public Records of Monroe County,
Florida. The Board accepted public input with the following individual addressing the Board:
Gail Kenson, representing NAS Key West. Christine Hurley, Growth Management Director and
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution
setting the date of October 19, 2011 at 3:00 p.m. to hold a Public Hearing at the Harvey
Government Center in Key West on the item. Motion carried unanimously.
RESOLUTION NO. 170-2011
Said Resolution is incorporated herein by reference.
Item J1 Christine Hurley, Growth Management Director reported to the Board regarding
expenditure of Boating Improvement Funds (BIF), derelict vessel removal procedures and
channel marker maintenance. The following individuals addressed the Board: Naja Girard and
Sloan Bashinsky. No official action was taken.
Item J2 The Board discussed operation of a wholesale commercial fishing business and
building permits for Carlos Seafood, 6001 Peninsular Ave., Stock Island as required by the Board
of County Commissioners. Christine Hurley, Growth Management Director and Kevin Wilson,
Senior Project Manager discussed the item. No official action was taken.
Item J3 Christine Hurley, Growth Management Director and Bob Shillinger, Chief
Assistance County Attorney discussed for direction related to amendment of the County's flood
plain ordinance in light of House Bill 407. The following individual addressed the Board: John
November and Sloan Bashinsky. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner Rice to accept Growth Management's proposal which directs
Staff to develop an alternative process for flood plain compliance and correspond with FEMA
official in Atlanta to review proposed alternatives. Roll call vote was unanimous.
Item J5 The Board discussed a Resolution providing for interpretation of Section 130-4
Temporary emergency housing and 6-112. Temporary structures to allow the building official
and planning director to accept an application for a special building permit for not more than 6
months for the erection of temporary structures (trailers)/Recreational Vehicles (RVs) at 10220
Overseas Highway, Key Largo, Florida (RE: 00086740-000000) for Marine Mammal
Conservancy, Inc. (MMC) operations during the time period they are rehabilitating marine
mammals only, with the ability to extend 6 months. Christine Hurley, Growth Management
Director discussed the item. Motion carried unanimously.
RESOLUTION NO. 171-2011
Said Resolution is incorporated herein by reference.
2011/111
COMMISSIONERS' ITEMS
Item M1 The Board discussed Commissioner Rice's item to waive purchasing policies and
procedures and negotiate with a contractor to design and install a security camera system on the
bridges in Duck Key. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Murphy granting approval of the item. Motion carried unanimously.
Item M2 The Board discussed Commissioner Rice's item authorizing the purchase and
installation of a bus shelter on the US 1 right of way at Duck Key. Judith S. Clarke, P.E. -
Director of Engineering and Roman Gastesi, County Administrator discussed the matter. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Neugent to table the item to the BOCC Special Meeting of June 20, 2011 in order for Staff to
conduct further research. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for May, 2011.
Item 05 The Board discussed the approval to ratify the grant submission to the Fiscal Year
2011 Transportation, Community, and System Preservation Program of Federal Highway
Administration (FHWA) for a feasibility study to explore the viability of obtaining tolling
authority on US 1, forecast potential revenues and operational costs, and evaluate the possibility
of utilizing a portion of the revenues for wastewater/re-use/stormwater projects. Bob Shillinger,
Chief Assistant County Attorney and Lisa Tennison, Grants Administrator discussed the item.
After discussion, motion was made by Mayor Carruthers and seconded by Commissioner Rice
granting approval of the item. Roll call vote was taken with the following results:
Motion carried.
Commissioner Murphy
No
Commissioner Neugent
Yes
Mayor Pro Tern Rice
Yes
Commissioner Wigington
No
Mayor Carruthers
Yes
COUNTY ATTORNEY
Item P 1 Suzanne Hutton, County Attorney introduced Adam Ferguson, Law Clerk
working in her office. Ms. Hutton requested an Attorney -Client Closed Session of the Board of
County Commissioners be held in the matter of Benjamin Moore v. Monroe County, Case No.
10-CIV-10088. Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to hold the Closed Session at the BOCC meeting on July 20, 2011 at 2:00 p.m. in Key
West. Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
2011/112
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
a" C . W�.
V
Isabel C. DeSantis, Deputy Clerk