08/17/2011 Regular 2011/139
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 17, 2011
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Murray E. Nelson Government and Cultural 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; Suzanne Hutton, County
Attorney; Danny L. Kolhage, Clerk of Courts; 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
Murphy granting approval of Additions, Corrections, and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B Presentation of Years of Service Award for 10 years of service to Monroe County
to Gary Herlth, Maintenance Worker, Roads & Bridges, Public Works Division.
BULK APPROVALS
Motion was made by Mayor Carruthers and seconded by Commissioner
Wigington granting approval of the following items by unanimous consent:
Item Cl Board granted approval and authorized execution of the Home and Community
Based Case Management Referral Agreement between the Florida Department of Children &
Families and the Monroe County Board of County Commissioners (Social Services /In -Home
Services Program) for State Fiscal Year (SFY) July 1, 2011 to June 30, 2012.
Item C5 Board granted approval and authorized execution of an Amendment to Agreement
for Medical Examiner Services with Dr. E. Hunt Scheuerman, M.D.
Item C6 Board granted approval and authorized execution of the Consent to Assignment of
the Lease Agreement for the East Bay of Hangar One at the Florida Keys Marathon Airport from
Matthew C. Schulte, Assignor, to Robert W. Carew, Assignee.
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Item C7 Board granted approval of Task Order with EAC Consulting, Inc. for engineering
design services for the Doctor's Arm Culvert Repair project. The task order is being awarded
under the On Call Professional Engineering Services contract with EAC Consulting, Inc.
Item C9 Board granted approval and authorized execution of Amendments to two
Agreements for the Purchase of Lands for the Stock Island fire station reducing the purchase
price on Lots 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island, in the amount of
$25,000 from $506,250 to $481,250; and changing the closing date to September 30, 2011 on
both agreements.
Item C10 Board adopted the following Resolution authorizing the Monroe County Housing
Authority to initiate budget amendments for Disaster Recovery Community Development Block
Grants (CDBG) awards with the State of Florida, Department of Community Affairs (DCA) as
necessary to preserve awarded funding to be used for ADA compliance activities which shall be
subject to approval by the County Administrator, and granted authorization for the Mayor to
execute any documents required by DCA to effect the grant budget amendments.
RESOLUTION NO. 216-2011
Said Resolution is incorporated herein by reference.
Item C11 Board granted approval and authorized execution of Modification #5 to the State
Funded Subgrant Agreement for the Design and Construction of the proposed Emergency
Operations Center in Marathon to extend the period of performance from August 18, 2011 to
August 18, 2012.
Item C12 Board granted approval and authorized execution of a Fifth Amendment to
Contract with William P. Horn Architect, P.A. for a no cost time extension to the Higgs Beach
Park Master Plan Phase II by 98 days, from September 8, 2011 to December 15, 2011.
Item C13 Board granted approval for the receipt of the monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C17 Board granted approval and authorized execution of a Contract Amendment with
Master Mechanical Services, Inc. for central air conditioning maintenance and repair for Upper
Keys Facilities.
Item C19 Board granted approval and authorized execution of a one -year residential lease
agreement with Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence
(Location C).
Item C20 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 at the Marathon Government Center.
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Item C21 Board granted approval to negotiate contracts for the selected respondents to the
Request for Qualifications for Airport Consultant Services for Monroe County, Florida (Key
West International Airport and The Florida Keys Marathon Airport.)
Item C22 Board granted approval and authorized execution of a Renewal Agreement with
Jayne's Cleaning Services to provide Janitorial Services at the Key West International Airport.
Item C23 Board granted approval and authorized execution of a Renewal Agreement with
Keren Adlen and Dani Tobaly, DBA Jet Lag Accessories, LLC for retail space at the Key West
International Airport.
Item C24 Board adopted the following Resolutions for the transfer of funds and the receipt
of unanticipated revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 217-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 218-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 219-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 220-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 221-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 222-2011
Said Resolution is incorporated herein by reference.
Amending Resolution No. 070 -2011 (OMB Schedule Item No. 7).
RESOLUTION NO. 223 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 224-2011
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 225-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (Schedule Item No. 10).
RESOLUTION NO. 226-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 227-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 228-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 229-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 230-2011
Said Resolution is incorporated herein by reference.
Item C25 Board adopted the following Resolution authorizing the submission of grant
application to the Florida Department of Law Enforcement for the Edward Byrne Memorial
Justice Assistance FY 2011 -12 Grant (JAG) program based upon the recommendations of the
Substance Abuse policy Advisory Board and authorization for the County Administrator to
execute application.
RESOLUTION NO. 231-2011
Said Resolution is incorporated herein by reference.
Item C26 Board authorized for the Mayor to execute the Edward Byrne Memorial Justice
Assistance funding distribution letter with the Florida Department of Law Enforcement for fiscal
year 2011 -2012 (Oct. 1, 2011 through Sept. 30, 2012), whereby Monroe County agrees to the
distribution of $104,859 in program funds in the County.
Item C27 Board granted approval to apply to Florida Department of Law Enforcement for
the Residential Substance Abuse Treatment Grant and for the Mayor, Chief Financial officer, and
County Administrator to execute application and related certifications and attachments.
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Item C29 Board granted approval and authorized execution of a 2nd Amendment to the
Homeless Safe Zone Interlocal Agreement with the City of Key West.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board adopted the following Resolution transferring DAC V, EcoWeek Event
Resources 2011 to DAC V Promotional and Advertising Resources.
RESOLUTION NO. 232-2011
Said Resolution is incorporated herein by reference.
Item D2 Board granted approval and authorized execution of an Amendment to Agreement
with Key West Bight Preservation Association, Inc. covering The Key West "Bight" Before
Christmas to revise scope of services.
DIVISION OF GROWTH MANAGEMENT
Item I1 Board granted approval and authorized execution of an Inter -Local Agreement
(ILA) between Monroe County and the South Florida Regional Planning Council (SFRPC) hiring
the SFRPC at a total cost of $50,000 to revise the Monroe County Marina Siting Plan, perform a
Needs Analysis, develop Marina Siting Criteria, and write a comprehensive Plan amendment
adopting Marina Siting Criteria into the Monroe County Comprehensive Plan.
Item I2 Board adopted the following Resolution by the Monroe County Board of County
Commissioners approving the 2011 Annual Public Facilities Capacity Assessment Report.
RESOLUTION NO. 233 -2011
Said Resolution is incorporated herein by reference.
Item I3 Board granted approval and authorized execution of a Fourth Amendment to the
Agreement for professional services with Keith and Schnars, P.A., increasing compensation
$96,183.00, for increased services related to data collection, development of existing conditions
to prepare the technical document (primarily existing land use mapping and
acreage /density /intensity information), population projection approval by the Department of
Community Affairs, and timeline adjustments due to recent statutory amendments to Chapter
163, F.S. (HB 7207).
Item I5 Board granted approval and authorized execution of a Grant Task Assignment
with Florida Fish & Wildlife Conservation commission (FFWCC) to receive a $96,000 grant that
will allow the County to continue employing part-time, temporary invasive exotic plant control
technicians to treat invasive exotic plants on conservation lands that are owned or managed by
Monroe County.
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Item I6 Board granted approval to advertise an ordinance amending Section 6 -108 of the
Monroe County Code clarifying the eligibility for waivers of affordable housing application and
permit fees limiting such waivers only to dwelling units.
Item I7 Board granted approval and authorized execution of a 2nd Amendment to
Agreement with Terramar Environmental Services, Inc., extending the agreement to provide
biological consulting services in the amount of up to $41,320 (an increase of $16,320) to the
Growth Management Division and waiver of purchasing policy to approve a sole source contract.
SHERIFF'S DEPARTMENT
Item K1 Board granted approval and authorized execution of a First Amendment to DCF
Criminal Justice Mental Health and Substance Abuse Reinvestment Grant.
Item K2 Board granted approval and authorized execution of a First Amendment to UASI
FY 2007 Grant/Homeland Security Office of Domestic Preparedness, in order to extend the
expiration date.
Item K3 Board granted approval and authorized execution of a Second Amendment to
UASI FY 2008 Grant/Homeland Security Office of Domestic Preparedness.
Item K4 Board granted approval of the request for expenditures from the Law Enforcement
Trust Fund in the amount of $10,000.00 for the Boys & Girls Club of the Florida Keys.
HOUSING AUTHORITY
Item L1 Board adopted the following Resolution approving a revision to the Local
Housing Assistance Plan, Homebuyer Assistance Strategy; and providing for an effective date.
RESOLUTION NO. 234-2011
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item M1 Board granted approval of Commissioner Murphy's appointment of Jerry Gaddis
to the Florida Keys Council for People with Disabilities to fulfill the term of Bill Gordon who
passed away in April, 2011. The three -year term ends on May 1, 2013.
Item M2 Board granted approval of Commissioner Wigington's appointment of Mr. Harry
Appel to the Tourist Development Council representing District II (Tourist Accommodation).
Item M3 Board granted approval for Mayor Carruthers to sign a letter in conjunction with
Miami -Dade, Broward and Palm Beach Counties requesting Congress to reclassify Southeast
Florida as a Tier 1 Region under the Urban Areas Security Initiative.
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COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners' minutes
from the Regular Meeting of June 15, 2011 and Special Meeting of June 20, 2011 (previously
distributed).
Item N3 Board granted approval of the following Warrants: (106353 - 106386 and 564606
- 565518) General Fund (001), in the amount of $2,990,554.66; Fine & Forfeiture Fund (101),
in the amount of $3,147,878.84; Road and Bridge Fund (102), in the amount of $78,884.81;
TDC District Two Penny (115), in the amount of $269,454.30; TDC Admin. & Promo 2 Cent
(116), in the amount of $302,641.83; TDC District 1,3 Cent (117), in the amount of
$534,024.65; District 2,3 Cent (118), in the amount of $65,580.49; TDC District 3,3 Cent
(119), in the amount of $145,772.84; TDC District 4,3 Cent (120), in the amount of
$147,635.36; TDC District 5,3 Cent (121), in the amount of $120,410.85; Gov. Fund Type
Grants (125), in the amount of $301,210.50; Fire & Amb District 1 L &M Keys (141), in the
amount of $104,510.35; Upper Keys Health Care (144), in the amount of $8,529.07; Uninc
Svc Dist Parks & Rec (147), in the amount of $38,587.89; Plan, Build, Zoning (148), in the
amount of $88,897.88; Municipal Policing (149), in the amount of $499,507.52; Duck Key
Security (152), in the amount of $3,840.00; Local Housing Assistance (153), in the amount of
$1,957.38; Boating Improvement Fund (157), in the amount of $48,803.70; Misc. Special
Revenue Fund (158), in the amount of $46,450.80; Environmental Restoration (160), in the
amount of $5,978.48; Court Facilities Fees -602 (163), in the amount of $100.00;
Cudjoe - Sugarloaf MSTU, (172) in the amount of $8,750.00; Building Fund, (180), in the
amount of $9,038.13; 1 Cent Infra Surtax (304) in the amount of $1,522.35; Card Sound
Bridge (401), in the amount of $4,113.03; Marathon Airport (403), in the amount of
$20,590.42; Key West Intl. Airport (404), in the amount of $139,062.20; KW AIP Series 2006
Bonds (405), in the amount of $6,827.58; PFC & Oper Restrictions (406), in the amount of
$204,087.09; MSD Solid Waste (414), in the amount of $1,141,861.93; Worker's
Compensation (501), in the amount of $27,960.76; Group Insurance Fund (502), in the
amount of $251,511.35 Risk Management Fund (503), in the amount of $49,887.71; Fleet
Management Fund (504), in the amount of $72,235.13; 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. (Said listing is incorporated herein by reference.)
Item N5 Board granted approval of Tourist Development Council Expenditures for the
month of July, 2011: Advertising, in the amount of $866,139.57; Bricks & Mortar /Interlocal
Projects, in the amount of $84,007.24; Events, in the amount of $125,616.35; Office Supplies
& Oper Costs, in the amount of $70,829.29; Personal Services, in the amount of $204,391.13;
Public Relations, in the amount of $88,854.51; Sales & Marketing, in the amount of
$49,746.90; Telephone & Utilities, in the amount of $10,453.62; Travel, in the amount of
$8,759.33; Visitor Information Services, in the amount of $61,101.00.
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Item N6 Board granted approval to dispose of documents pursuant to the State of Florida
General Records Schedule GS1 -SL.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C8 The Board discussed rejecting the lowest three bids, Edgewater Construction
Group, $1,000,400; Burke Construction Group, $1,498,000; and D.L. Porter Constructor's Inc.,
$1,620,774 for the Conch Key Fire Station Renovation and Addition project, and approval to
award a contract with the fourth lowest bidder (with local preference), Pedro Falcon Electrical
Contractor's Inc., $1,750,000. Jerry Barnett, Project Management Director discussed the item.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval to award a Contract with the fourth lowest bidder (with local
preference), Pedro Falcon Electrical Contractor's Inc., $1,750,000. Motion carried unanimously.
Item C28 Motion was made by Commissioner Neugent and seconded by Mayor Carruthers
granting approval of an amendment to Attachment D to contract with Guidance Care Center,
modifying current subcontract with Baker/Marchman Act transportation provider to add Key
Largo as a pick up and drop off point and changing the "maximum number of trips" to
"estimated number of trips ". Commissioner Rice declared a notice of voting conflict for the
item. Motion carried unanimously, with Commissioner Rice abstaining.
* * * * *
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 David Rice, City
of Layton Councilman Clark Snow and City of Layton Mayor Norman Anderson.
Item G2 James Callahan, Monroe County Fire Chief discussed the item. Motion was made
by Mayor Anderson and seconded by Councilman Snow granting approval to amend agreement
and purchase price from $25,133.79 to $27,633.79 with Physio Control, Inc., the sole provider of
the LIFEPAK family of products, for the scheduled replacement of a LifePak 15 cardiac monitor
defibrillator unit and integral components, and approval for the Fire Chief to sign the necessary
documentation to complete the purchase transaction. Motion carried unanimously.
Item G3 Motion was made by Commissioner Rice and seconded by Councilman Snow
approving the award of bid and entering into an Agreement between the Board of County
Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County
Florida and Professional Emergency Services Inc. to provide medical direction for Monroe
County Fire Rescue pursuant to Chapter 401, F. S., and Chapter 64J -1, FAC. Motion carried
unanimously.
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James Callahan, Monroe County Fire Chief discussed status of the Stock Island
and Conch Key Fire Station Renovations.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I was adjourned.
The Board of County Commissioners meeting reconvened with all
Commissioners present.
MISCELLANEOUS BULK APPROVALS
Item C4 Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent approving the award of bid and entering into an Agreement between the Board of
County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe
County Florida and Professional Emergency Services Inc. to provide medical direction for
Monroe County Fire Rescue pursuant to Chapter 401, F. S. and Chapter 64J -1, FAC. Motion
carried unanimously.
C14 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington granting approval and authorizing execution of Fifth Amendment to Contract between
Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West
Animal Shelter. During discussion, motion was made by Mayor Carruthers to table the item until
after item C15 is heard.
C15 The Board discussed advertising a Request for Proposals to operate the Key Largo
Animal Shelter and provide complete animal control services from mile marker 70 to Monroe
County line (approximately mile marker 112.5), including Ocean Reef and the Village of
Islamorada. The following individuals addressed the Board: Rick Trout, Tom Garrettson,
representing HACC, Inc.; Claudia Hancock, Jack Bridges, representing the Upper Keys Animal
Clinics. Danny L. Kolhage, Clerk and Suzanne Hutton, County Attorney discussed the item.
After discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Rice requesting that Staff and the Clerk meet with the contractor in order to work out the
language details with respect to the reporting requirements that has caused the Humane Animal
Care Coalition, Inc. not to sign the contract amendment. In addition, direction was given to Staff
to provide the Board with an update via an agenda item which is to include direction for a
Request for Proposals to operate the Key Largo Animal Shelter, if required. Roll call vote was
unanimous.
Item C14 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington granting approval and authorizing execution of a Fifth Amendment to the Contract
between Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the
Key West Animal Shelter. Motion carried unanimously.
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GROWTH MANAGEMENT
Item J4 Christine Hurley, Growth Management Director and Bob Shillinger, Chief
Assistant County Attorney provided the Board with a summary of the status of the Development
Agreement between the County and Key Largo Ocean Resort Co -op, Inc. (KLOR) and the status
of the Major Conditional Use Amendment and options relating to how the County may proceed
as a party to the Development Agreement. The following individuals addressed the Board:
Eduardo Calil, KLOR; K M Robbins, Key Largo Ocean Resorts Coop. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Wigington that there be no
time extension; and approval of Option B: Make a formal finding that there has been a material
breach of the agreement and that there is no cure. Direct the Growth Management Division and
Attorney's Office to begin the process of terminating the agreement. Such Action must be
carried out per Section II, H. Breach, Amendment, Enforcement, and Termination. After further
discussion, the motion was withdrawn. Motion was then made by Commissioner Neugent and
seconded by Commissioner Wigington to continue the item to the Board's scheduled meeting on
November 16, 2011 in Key Largo at the Murray E. Nelson Government Center. Motion carried
unanimously.
STAFF REPORTS
E5 Project Management - Kevin Wilson, P.E.- Senior Director updated the Board on
the following matters: Repairs to Eaton Street in Key West; Funding for ADA compliance
projects; Task Force's Space & Parking Study for Jackson Square in Key West; Conch Key and
Stock Island Fire Station Renovations; No Name Key and Tom's Harbor bridge work; Duck Key
sewering; and Implementation of the collection of the sewer capacity fees for Big Coppitt and
Duck Keys.
GROWTH MANAGEMENT
Item J1 Christine Hurley, Growth Management introduced Rajendran (Raj) Shanmugam,
P.E., with the firm URS Corporation Southern who made a presentation of the results from the
2011 US 1 Arterial Time Travel and Delay Study for Monroe County, Florida. Mr. Shanmugam
provided the Board with a document titled Level of Service Assessment US 1 /Overseas Highway
2011 Arterial Travel Time and Delay Study Monroe County - Florida dated August 17, 2011
prepared by URS Corporation Southern - By: Rajendran (Raj) Shanmugam, P.E. The following
individual addressed the Board: Ron Miller. The Board took no official action.
STAFF REPORTS
E7 Public Works - Dent Pierce, Director reported to the Board concerning a meeting
held on July 25, 2011 with the Park's and Recreation Board where based on the Level of Service
and although they realize the County's beaches are adequate, they have request for in the future
that more sandy beaches and boat ramps be considered. Mr. Pierce also reported that in relation
to intergovernmental coordination, the Park's and Recreation Board plan to appear before the
Chambers of Commerce and ask that they work with them to show case the county's parks and
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beaches. Mr. Pierce also updated the Board on the status of the repairs being made to Eaton
Street in Key West.
COMMISSIONERS' ITEMS
Item M4 Commissioner Rice updated the Board on the status of the proposal for the
Customs Entry Service Facility at the Marathon Airport Terminal. No official action was taken.
WASTEWATER
Item R1 Project Management - Kevin Wilson, P.E.- Senior Director made a presentation
concerning the extension of the infrastructure sales tax. The Board discussed the advertising of
a Public Hearing to be held in Marathon following the regular BOCC meeting on 21 September
2011 for the adoption of an Ordinance extending the infrastructure sales tax beyond its current 31
December 2018 expiration, scheduling a referendum as required by statute, and establishing the
uses for the revenue stream created. The following individual addressed the Board: Burke
Cannon. Roman Gastesi, County Administrator and Suzanne Hutton, County Attorney discussed
the matter. After discussion, motion was made by Commissioner Rice to delay the advertising of
the Public Hearing past January, 2012. Motion carried unanimously.
COUNTY ATTORNEY /CLOSED SESSION
Item H1 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
to continue to the Board's scheduled meeting on September 21, 2011 in Marathon at the
Marathon Government Center at 1:30 P.M., the Attorney - Client Closed Session of the Board of
County Commissioners in the matter of Gregory Klimock, et al. v. Monroe County and the State
Board of Trustees of the Internal Improvement Trust Fund, Case No. 2010 -CA- 979 -K. Motion
carried unanimously.
CLOSED SESSIONS
Item H2 Suzanne Hutton, County Attorney read the require information into the record. A
Closed Session of the Board of County Commissioners was held to discuss collective bargaining
with the firefighters, IAFF Local 3909.
DIVISION OF GROWTH MANAGEMENT
Item J2 Rich Jones - Sr. Administrator, Marine Resources made a presentation concerning
the status of Monroe County's involvement in the Florida Fish & Wildlife Conservation
Commission (FWC) Pilot Program, including the results of the June 7, 8, and 9 stakeholder
workshops and potential development of a draft Ordinance for anchoring and mooring. The
following individual addressed the Board: Arnaud Girard. No official action was taken.
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PUBLIC HEARINGS
Item Q1 A Public Hearing was held concerning the approval of a Public Convenience and
Necessity (COPCN) to National Health Transport, Inc. for the operation of an ALS transport
ambulance service for the period August 17, 2011 through August 16, 2013. The Board accepted
public input with the following individuals addressing the Board: Dave Erwin, representing Care
Ambulance' Raul F. Rodriguez, representing National Health Transport; Isabel Rodriguez,
representing National Health Transport; Edward Child, representing American Medical
Response; Barbara Santiago, representing American Medical Response; Alex Castro,
representing American Medical Response; Charles Maymon, representing American Ambulance
Service; Felix Lasarte, representing National Health Transport; and Ronald L. Book, representing
National Health Transport. Suzanne Hutton, County Attorney discussed the item. After Board
discussion, motion was made by Commissioner granting approval to issue the COPCN. 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.
Item Q2 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Section 2 -428 concerning Planning Commission Compensation. There were no public
speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 010-2011
Said Ordinance is incorporated herein by reference.
Item Q3 A Public Hearing was held to consider an Ordinance by the BOCC amending
Monroe County Code Section 102 -20, Planning Commission, meetings hearings and procedure,
to modify the requirement of bimonthly planning commission regular meetings to monthly
planning commission regular meetings and to modify the types of applications that may be heard
at a Special Meeting. There was no public input. Christine Hurley, Growth Management
Director requested an additional whereas clause be added into Ordinance, as follows:
Whereas the Planning Commission held a Public Hearing on this Ordinance on June 22, 2011
and recommended approval. Motion was made by Commissioner Murphy and seconded by
Commissioner Rice to adopt the following Ordinance, as amended. Motion carried unanimously.
ORDINANCE NO. 011 -2011
Said Ordinance is incorporated herein by reference.
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Item Q4 A Public Hearing was held to consider an Ordinance amending Sections 102 -19,
102 -20, and 102 -158 of the Monroe County Land Development Code, requiring a vote of at least
four members of the BOCC for certain Comprehensive Plan, Future Land Use Map, Land
Development Code and Land Use District (zoning) Map amendments, requiring the Planning
Commission to take action on certain items by a vote of three members, clarifying existing
language within those sections and removing obsolete language. Christine Hurley, Growth
Management Director discussed the matter. The Board accepted public input with the following
individuals addressing the Board: Bob Thomas, Naja Girard, representing Last Stand; Arnaud
Girard, Burke Cannon, representing IKFHA; John Hammerstrom, representing the Tavernier
Community Association; Deb Curlee, Pauline Kleine, I Keys L Federation of Homeowner's
Association (Secretary); Bob Cardenas, Patrick Ortega, representing Charley Toppino & Sons;
Ron Miller, representing the Upper Keys Citizen's Association; Sue Heim, Bill Hunter,
representing the SSPOA; Fred Nickerson, Kay Thacker, David deHaas. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to approve the Ordinance.
Roll call vote was taken with the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Rice No
Commissioner Wigington Yes
Mayor Carruthers No
Motion carried.
The Mayor requested Staff to explore ways to ease the protest mechanism in the
existing statutes to include 4/5 text amendments and to expand the definition of affected parties.
GROWTH MANAGEMENT
Item J3 Christine Hurley, Growth Management Director discussed for Staff direction the
development of military compatibility criteria, required by Sections 163.3177 and 163.3175,
Florida Statutes and a letter received from the Florida Department of Community Affairs
requesting the County to amend the Monroe County 2010 Comprehensive Plan to address land
use compatibility with Naval Air Station Key West. The following individual addressed the
Board: John Hammerstrom, representing the County EIS Task Force. After discussion, the
Growth Management Director was requested to keep them informed by bringing back an item to
the September meeting as an update but not necessarily the final policy. In October, a draft
policy should be completed for Board evaluation as well as an agenda item that explains how the
technical document could be edited and changed, including revisions - the EIS would still be
ongoing and the Board would need to evaluate it in order to deal with comprehensive plan
compatibility. A public meeting will not be requested with the Board or the Navy.
Item J5 Christine Hurley, Growth Management Director presented the Board with a
document entitled Monroe County Board of County Commissioners Redistricting 2011. The
Board discussed the redistricting of the five county commission districts with recommended
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alternative configuration for each district and direction to Staff for advertisement according to
Chapter 124.02, Florida statutes to be adopted by resolution. Suzanne Hutton, County Attorney
and Bob Shillinger, Chief Assistant County Attorney discussed the item. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Rice approving the
time line for implementation of new district boundaries as written in the document presented by
the Growth Management Director. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator referred the Board to the written Monthly
Activity Report for July, 2011 dated August 2, 2011.
Item 02 The Board discussed recent requests for maintenance dredging work and
reimbursement for dredging costs by both public and private entities, long -term navigational
access issues due to sedimentation in canals and approach channels, and provisions that may be
required to address future maintenance dredging needs Keys -wide. The following individual
addressed the Board: John DeNeale, Commissioner City of Key Colony Beach. Rich Jones - Sr.
Administrator, Marine Resources and Roman Gastesi, County Administrator discussed the item.
The item was referred to Staff in order to bring back a comprehensive plan for future Board
consideration.
COUNTY ATTORNEY
Item P1 Bob Shillinger, Chief Assistant County Attorney requested a Closed Session in
the matter of Florida Key Deer vs. Craig Frugate, Case # 90- 10037. Motion was made by
Commissioner Rice and seconded by Commissioner Neugent to schedule a Closed Session for
September 21, 2011 at the Marathon Government Center at 2:30 P.M. Motion carried
unanimously.
Item P3 Motion was made by Mayor Carruthers and seconded by Commissioner Rice to
adopt the following Resolution amending the Administrative Procedures of the Board of County
Commissioners to provide clarification of Sounding Board rules. Motion carried unanimously.
RESOLUTION NO. 235 -2011
Said Resolution is incorporated herein by reference.
Item P4 Suzanne Hutton, County Attorney discussed the item. After discussion, motion
was made by Commissioner Wigington and seconded by Mayor Carruthers granting approval to
schedule an Attorney - Client Closed Session of the Board of County Commissioners in the matter
of Monroe County v. Donald and Diana Brady, Code Enforcement Case No. CE10110094 for
September 21, 2011 at the Marathon Government Center at 2:00 P.M. Motion carried
unanimously.
Item P5 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington granting approval to make a formal offer of settlement in the matter of Monroe
County and Roman Gastesi, Jr. v. Stand Up for Animals, Inc., Case No. CAK -10 -1050 and
2011/153
approval for the County Attorney to execute the settlement agreement if accepted by SUFA.
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
a Monroe County, Florida -�- �� )
„,C�. C . �a i
Isabel C. DeSantis, Deputy Clerk