09/21/2011 Regular 2011/163
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 21, 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; 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 BI A Proclamation in honor of Richie Moretti and the Turtle Hospital for 25 years of
community service to the Florida Keys in the preservation and rehabilitation of threatened and
endangered sea turtles; and declaring September 24, 20211 as Richie Moretti and The Turtle
Hospital Day in Monroe County.
Item B3 A Presentation of a Mayor's Proclamation observing the week of October 9 - 15,
2011 as Fire Prevention Week.
BULK APPROVALS
Item C 1 Board granted approval of the filing of a grant application and agreement for State
Aid to Libraries from the Florida Department of State, Division of Library and Information
Services, and execution of same with the proper County authorities.
Item C2 Board granted approval of a revised Cooperative Agreement between the Monroe
County Board of County Commissioners and the Board of Trustees of the Florida Keys
Community College to provide for reciprocal Library services for the faculty and students of the
Florida Keys Community College and the citizens of Monroe County.
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Item C3 Board granted approval and authorized execution of a Lease with the Monroe
County Sheriffs Office (MCSO) for the office /shop space at the Florida Keys Marathon Airport
for the MCSO Communications Shop.
Item C4 Board granted approval and authorized execution of a Consent to Assignment for
existing contract between Monroe County and CH2M Hill, Inc. to assign contract to restructured
corporation named CH2M Hill Engineers, Inc.
Item C5 Board granted approval and authorized execution of a Contract with Pedro Falcon
Electrical Contractors, Inc. for the Demolition, Renovation, and Construction of Fire Station #17
in Conch Keay.
Item C6 Board granted approval and authorized execution of a third and final renewal to
the Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the 1%
allocation for art funding for the reimbursement of administrative Expenses.
Item C7 Board granted approval and authorized execution of a Contract with Currie,
Sowards, Aguila Architects for architectural and engineering services for the preparation of
permit and construction documents for the enclosing approximately 715 square feet of the
"backstage porch" area of the Murray E. Nelson Government Center (MENGC) building for use
as dressing rooms.
Item C8 Board granted approval to advertise Request for Proposals (RFP's) for the
completion of all Priority One (1) work at all County facilities from Key Largo to Key West as
outlined in the Americans with Disabilities Transition Plan Volumes One (1) thru Four (4). First
RFP will encompass Upper Keys and Middle Keys. Second RFP will encompass Lower Keys
and Key West.
Item C9 Board granted approval and authorized execution of a First Amendment to
Contract with Bender & Associates Architects, P.A. for Stage 2 of the East Martello Towers
Masonry Restoration.
Item C10 Board granted approval and authorized execution of a First Amendment to
Contract with Bender & Associates Architects, P.A. for Stage 2 of the West Martello Towers
Masonry Restoration.
Item C11 Board granted approval and authorized execution of a First Amendment to the
Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar
Restoration at the East Martello Towers.
Item C12 Board granted approval and authorized execution of a First Amendment to the
Agreement with Contracting Specialists, Inc. SE (CSI) for continuing the Brick & Mortar
Restoration at the West Martello Towers.
2011/165
Item C13 Board granted approval of the receipt of the monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C14 Board rescinded resolution # 150 -2011 and adopted the following revised
resolution requesting Florida Department of Transportation (FDOT) surplus & convey three right
of way parcels to Monroe County for the purpose of constructing components of the Cudjoe
Regional Wastewater System.
RESOLUTION NO. 247-2011
Said Resolution is incorporated herein by reference.
Item C15 Board granted approval of the Weatherization Assistance -Low Income Home
Energy Assistance Program, Sub -grant Agreement (WAP- LIEHEAP), Contract #
12LH- 9Z- 11 -54 -01 -039 between Monroe County Board of County Commissioners (Community
Services /Social Services) and the State of Florida, Department Community Affairs for the sufa
provision of funds to reduce the monthly energy burden on low- income households by improving
the energy efficiency of the home and to supplement the existing Weatherization Assistance
Program funding.
Item C16 Board granted approval to reject all bids received for direct in -home services for
the elderly and disabled. Approval to resubmit the RFP to provide the direct services as provided
under grants to Monroe County from the Alliance for Aging (e.g., CLP, CCE, HCE, OAA and
ADI) and the Florida Department of Children and Families (e.g., CCDA), at such time as funding
becomes more certain.
Item C17 Board granted approval of the Fiscal Year 2012 Airline Rates and Charges for the
Key West International Airport, effective October 1, 2011.
Item C18 Board granted approval to advertise a Request for Proposals (RFP) for skycap and
luggage handling services at Key West International Airport.
Item C19 Board granted approval of a Proposal by Hi -Lite Markings, Inc. to provide runway
rubber removal and painting for Key West International Airport. The proposal is based on the
Florida Statewide Contract No. BDR27 between the State of Florida Department of
Transportation and Hi -Lite Markings, Inc. to provide statewide airport runway and taxi way
painting.
Item C20 Board ratified Purchase Service Orders #10- 11 -12, #10- 11 -23, and #10 -11 -28
from URS for grant management at the Key West International Airport.
Item C21 Board adopted the following Resolution authorizing the write -off of 43 qualified
Monroe County resident waivers from the trauma air ambulance account receivables in the total
amount of $180,916.58.
RESOLUTION NO. 248-2011
Said Resolution is incorporated herein by reference.
2011/166
Item C22 Board adopted the following Resolution authorizing the write -off of Fire Rescue
air ambulance accounts receivable for Calendar Year 2007, in the total amount of $780,782.79
from the Fine and Forfeiture Fund Account 101 - 115002.
RESOLUTION NO. 249-2011
Said Resolution is incorporated herein by reference.
Item C23 Board granted approval to issue a Certificate of Public Convenience and Necessity
(COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS transport
ambulance service.
Item C26 Board granted approval to accept the renewal with VFIS to provide Portable
Equipment and Emergency Apparatus Insurance.
Item C27 Board granted approval to accept proposal from The Florida Municipal Insurance
Trust Agreement #386 to provide General Liability, Vehicle Liability and Public
Officials /Employee Practices Liability.
Item C28 Board granted approval and authorized execution of a Third Amendment to the
Contract with Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal
Shelter.
Item C30 Board granted approval to award bid and authorized execution of a contract with
EE &G Environmental Services, LLC, for beach cleaning, maintenance & beautification of Higgs
Beach, Key West.
Item C31 Board granted approval for Monroe County Board of County Commissioners to
award bid and execute contract to Electronic System Services, Inc. for the "Energy Retrofit —
Jackson Square" project.
Item C32 Board granted approval to award bid and execute a contract with TEM
Environmental & Mechanical Services, Corp. for Lower Keys facilities central air conditioning
maintenance and repair.
Item C33 Board granted approval to award bid and authorized execution of a Contract with
TEM Environmental & Mechanical Services, Corp. for Middle Keys facilities central air
conditioning requested maintenance and repair.
Item C34 Board granted approval and authorized execution of an Agreement with the
Monroe County Health Department for Small Quantity Hazardous Waste Assessments,
Notifications and Verifications.
Item C35 Board granted approval of updated Exhibit II for all four (4) existing Solid
Waste and Recycling Collection Franchise Agreements to reflect Fiscal Year 2012 residential
and commercial collection rates paid to the Franchisees by the County.
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Item C36 Board granted approval of updated Exhibit V for all four (4) existing Solid Waste
and Recycling Collection Franchise Agreements concerning fees for "Special Services" paid to
the Franchisees by their customers.
Item C37 Board adopted the following resolutions for the Transfer of Funds and Receipt of
Unanticipated revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 250-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 251-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 252-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 253-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 254-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 255-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 256 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 257 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9)
RESOLUTION NO. 258 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 259 -2011
2011/168
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11)
RESOLUTION NO. 260-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 261-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 262-2011
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 263-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 264-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 265-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 266-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 267-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 268-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 269 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 270-2011
Said Resolution is incorporated herein by reference.
2011/169
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 271-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23)
RESOLUTION NO. 272 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24)
RESOLUTION NO. 273-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25)
RESOLUTION NO. 274 -2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 26)
RESOLUTION NO. 275-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27)
RESOLUTION NO. 276-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 28)
RESOLUTION NO. 277-2011
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 278 -2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 279-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 280-2011
Said Resolution is incorporated herein by reference.
Item C38 Board granted approval for County Administrator to execute contract with US
Department of Justice for Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant
Program Local Solicitation award for technology upgrades for the Monroe County Drug Court.
2011/170
Item C39 Board granted approval of Task Order with CH2MHILL, Inc. for engineering
design and permitting services for the Old SR 940 (Watson Boulevard, Big Pine) Bridge Repair
project. The task order is being awarded under the On Call Contract for Professional Services
Between Owner and Architect/Engineer with CH2MHILL, Inc.
Item C40 Board ratified the submission of an application to U.S. Department of Housing
and Urban Development ( "HUD ") for approximately $2.7 Million in grant funds for the
Sustainable Community Challenge Grant.
TOURIST DEVELOPMENT
Item D1 Board granted approval to rescind the agreement with Key West Players, Inc. for
the Air Conditioner Modernization project.
Item D2 Board granted approval and authorized execution of an Agreement with Tinsley
Advertising & Marketing, Inc. to provide advertising services which promote tourism.
Item D3 Board granted approval of the 2011/2012 Monroe County Tourist Development
Council Marketing Plan.
Item D4 Board granted approval and authorized execution of an Amendment to Agreement
with Key West Film Society, Inc. for the Tropic Cinema Phase Six: Renovations and Upgrades
project to revise Exhibit A.
Item D5 Board granted approval and authorized execution of an Amendment to extend
Agreement with The City of Marathon for beach cleaning and maintenance services at Sombrero
and Coco Plum Beach to December 31, 2011.
PROJECT MANAGEMENT
Item Hl Board granted approval to negotiate a contract with Currie Sowards Aguila
Architects to draw a preliminary design for a parking facility on Thomas Street to service the
Freeman Justice Center, Jackson Square, and visitors of Key West. The preliminary design is
important because it will enable the County to vet the parking facility to the City of Key West
and the neighborhood prior to spending the money for a full blown project.
GROWTH MANAGEMENT
Item J2 Board granted approval and authorized execution of a Contract Amendment with
Dot Palm Landscaping, Inc. to provide professional services for the removal of invasive exotic
plant species from Monroe County conservation lands for one additional year and an additional
$50,000.
Item J3 Board granted approval of an Impact Fee Expenditure Request for County -wide
Transportation Impact Fee Funds for the Construction of the Florida Keys Overseas Heritage Tail
2011/171
between Mile Marker 15.5 and 16.5. These funds were previously approved by the BOCC and
allocated as District 1 Funds.
Item J4 Board adopted the following resolution to rescind Resolution # 205 -2000 relating
to the design and construction of the Florida Keys Overseas Heritage Trail and approval of a
resolution to allow Monroe County to review, rank and prioritize future Florida Department of
Transportation (FDOT) transportation grant applications.
RESOLUTION NO. 281 -2011
Said Resolution is incorporated herein by reference.
Item J6 Board adopted the following Resolution allowing the continuance of tolling of
Rate of Growth Ordinance (ROGO) or Non - Residential Rate of Growth Ordinance (NROGO)
allocations or building permits for all properties on the Federal Emergency Management Agency
(FEMA) flood insurance injunction list; disallowing owners of properties that are both on the
FEMA injunction list and located within the Coastal Barrier Resource System (CBRS) to toll
their ROGO or NROGO allocations or building permit; and establishing time limits for property
owners who are removed from the list to obtain permits and utilize allocations.
RESOLUTION NO. 282-2011
Said Resolution is incorporated herein by reference.
Item J8 Board granted approval to advertise a public hearing to consider adoption of an
Ordinance amending Sections 6 -56, 6 -200, 6 -201, 6 -240, 6 -267 and 6 -270 of the Monroe County
Code to clarify the jurisdiction of the Construction Board of Adjustment and Appeals and amend
its composition, restricting renewal of licenses when fines /costs are unpaid, setting meeting
frequency, clarifying fines and costs.
SHERIFF'S DEPARTMENT
Item L1 Board granted approval and authorized execution of an Amendment to the
Municipal Police Service Contract with the Village of Islamorada, the Monroe County Sheriff's
Office and the BOCC.
Item L2 Board granted approval and authorized execution of an Amendment to the
Municipal Police Service Contract with the City of Marathon, the Monroe County Sheriff's and
the BOCC.
Item L3 Board granted approval and authorized execution of the 2012 Contract for Law
Enforcement and Security Services at the Key West International Airport with the Monroe
County Sheriff Office.
2011/172
COMMISSIONERS' ITEMS
Item M1 Board granted approval of Commissioner Rice's appointment of Kelly McKinnon
to the Climate Change Advisory Committee to fulfill the term of previous District 4 appointee
through March 2012.
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners' minutes
from the Regular Meeting of July 20, 2011 and Special Meetings of July 12, July 21, 2011, and
August 2, 2011 (previously distributed).
Item N3 Board granted approval of the following Warrants: (106387 - 1063447 and
565519 - 567031) General Fund (001), in the amount of $1,637,104.02; Fine & Forfeiture
Fund (101), in the amount of $148,059.08; Road and Bridge Fund (102), in the amount of
$65,704.59; TDC District Two Penny (115), in the amount of $336,877.33; TDC Admin. &
Promo 2 Cent (116), in the amount of $527,183.62; TDC District 1,3 Cent (117), in the amount
of $242,707,87; District 2,3 Cent (118), in the amount of $46,672.36; TDC District 3,3 Cent
(119), in the amount of $126,905.16; TDC District 4,3 Cent (120), in the amount of
$200,707.19; TDC District 5,3 Cent (121), in the amount of $114,581.98; Gov. Fund Type
Grants (125), in the amount of $233,051.96; Impact Fees Fire & EMS (135), in the amount of
$21,000.00; Fire & Amb District 1 L &M Keys (141), in the amount of $134,436.96; Upper
Keys Health Care (144), in the amount of $32,601.60; Uninc Svc Dist Parks & Rec (147), in
the amount of $103,516.43; Plan, Build, Zoning (148), in the amount of $59,940.09; Municipal
Policing (149), in the amount of $230.37; 911 Enhancement Fee (150), in the amount of
46,955.03; Duck Key Security (152), in the amount of $4,394.28; Boating Improvement Fund
(157), in the amount of $45,275.79; Misc. Special Revenue Fund (158), in the amount of
$69,306.32; Environmental Restoration (160), in the amount of $28,533.64; Law
Enforcement Trust (162), in the amount of $10,000.00; Drug Abuse Trust (164), in the
amount of $2,167.31; Cudjoe - Sugarloaf MSTU, (172) in the amount of $35.53; Building
Fund, (180), in the amount of $15,388.73; 1 Cent Infra Surtax (304) in the amount of $810.31;
Infr Sls Srtx Rev Bds2007 (308), in the amount of $894,947.82; Card Sound Bridge (401), in
the amount of $3,462.40; Marathon Airport (403), in the amount of $103,415.28; Key West
Intl. Airport (404), in the amount of $787,632.50; KW AIP Series 2006 Bonds (405), in the
amount of $27,735.75; PFC & Oper Restrictions (406), in the amount of $335,204.81; MSD
Solid Waste (414), in the amount of $1,743,161.45; Worker's Compensation (501), in the
amount of $8,469.76; Group Insurance Fund (502), in the amount of $128,384.90; Risk
Management Fund (503), in the amount of $194,383.28; Fleet Management Fund (504), in
the amount of $149,849.99; Fire &EMS LOSAP Trust Fund (610), in the amount of $6,412.75.
Item N4 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. (Said listing is incorporated herein by reference.)
2011/173
Item N5 Board granted approval of Tourist Development Council Expenditures for the
month of August, 2011: Advertising, in the amount of $971,366.54; Bricks &
Mortar /Interlocal Projects, in the amount of $61,267.72; ; Visitor Information Services, in
the amount of $61,101.00; Events, in the amount of $104,904,80; Office Supplies & Oper
Costs, in the amount of $25,544.28; Personal Services, in the amount of $168,261.91; Public
Relations, in the amount of $115,345.18; Sales & Marketing, in the amount of $77,971.31;
Telephone & Utilities, in the amount of $10,962.34; Travel, in the amount of $10,636.53.
Item N6 Board granted approval to dispose of documents pursuant to the State of Florida
General Records Schedule GS1 -SL.
COUNTY ADMINISTRATOR
Item 02 Board granted approval of the award of the contract to SDI Solar, Inc. for the
Solar Water Heaters purchase and installation, included and funded under the State Energy Grant
Agreement from the Florida Energy and Climate Commission (Grant No. ARS010).
Item 03 Board granted approval and authorized execution of an Interlocal Agreements'
Amendment. No. 1 with the City of Marathon, City of Key West and Village of Islamorada
related to their joint participation with the County under the State Energy Grant Agreement from
the Florida Energy and Climate Commission (Grant No. ARS010). This modifies payment terms
under the Agreements, pursuant to State Rules.
COUNTY ATTORNEY
Item P5 Approval for Third Amendment to Agreement with Ira Libanoff, Esq., outside
counsel on the case of Monroe County v the architect on the Freeman Justice Center,
Consolidated Case # 2007 -CA- 1428 -K, making the hourly rates retroactive to the date that the
firm took over the litigation.
Item P6 Board granted approval and authorized execution of Agreement for Expert
Witness Services with Marr and Associates Appraisal Company, Inc. in connection with Keegan
v. Monroe County & State of Florida (Circuit Court Case No. 09- CA- 893P); Judi's House v.
Monroe County & State of Florida (Circuit Court Case No. 09- CA- 1120P); and Good v. Monroe
County & State of Florida (Circuit Court Case No. CA -K -01 -977).
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C24 Teresa Aguiar, Employee Services Director discussed the item. After discussion,
motion was made by Mayor Carruthers and seconded by Commissioner Rice granting approval to
accept the proposal with Interisk Corporation to provide Risk Management and Workers
Compensation consulting services and authorized execution of Contract for Worker's
Compensation and Risk Management Consulting Services. Motion carried unanimously.
REVISION 2011/174
Item C25 Teresa Aguiar, Employee Services Director discussed the item. After discussion,
motion was made by Commissioner Murphy and seconded by Mayor Carruthers granting
approval and authorizing execution of a three year contract to begin October 1, 2011 with
EnvisionRXOptions for Pharmacy Benefit Management Program. Motion carried unanimously.
Item C29 Beth Leto, Assistant Public Works Director discussed the items. After discussion,
motion was made by Mayor Carruthers and seconded by Commissioner Rice granting approval to
amend the contract with Barnes Alarms, Inc. for fire and panic alarm system annual certification,
maintenance and monitoring, correcting the annual inspection amount for the J. Lancelot Lester
Building & Records Storage. Motion carried unanimously.
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,
Councilman Clark Snow, and Chairman George Neugent. Absent was Mayor Norman Anderson.
Item GI James Callahan, Monroe County Fire Chief reported to the Board concerning the
county's resources during the prescribed burn on Big Pine Key on September 15, 2011. The
following individual addressed the Board: Harry Kaplitz.
Item G2 Motion was made by Commissioner Rice and seconded by Commissioner Murphy
granting approval of the second renewal Agreement effective from October 1, 2011 through
September 30, 2012, with Fire Tech Repair Service, Inc. for repair and maintenance of Fire
Rescue vehicles, including semiannual inspections, preventative maintenance and unscheduled
maintenance resulting from malfunction or failure. Motion carried unanimously, with Mayor
Norman Anderson absent.
Item G3 Motion was made by Commissioner Murphy and seconded by Councilman Snow
to adopt the following Resolution authorizing the write -off of Fire Rescue ground ambulance
accounts receivable for Calendar Year 2007, in the total amount of $284,953.95 from the Fire
Rescue District 1 Fund Account 141- 115002. Motion carried unanimously, with Mayor Norman
Anderson absent.
RESOLUTION NO. 282a-2011
Said Resolution is incorporated herein by reference.
There being no further business, the Fiscal Year 2012 budget 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.
TOURIST DEVELOPMENT COUNCIL
2011/175
Item D6 The Clerk announced the vacancy of one position on the Tourist Development
Council District II Advisory Committee for an "At Large" Appointment.
Item D7 The Clerk announced the vacancy of one position on the Tourist Development
Council District III Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Item E5 Project Management, Kevin Wilson, P.E. - Senior Director and Interim Division
Director, Public Works & Engineering provided an update to the Board for guidance concerning
a Marathon Airport Customs Border Patrol (CBP) Facility. City of Marathon Vice - Mayor, Dick
Ramsey addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Rice to move forward with an Architect and Engineering Task Order
contract to develop a feasibility plan layout in existing spaces and cost estimate - cost will be 1 -2
effort weeks of staff time plus A/E ( +/- $10k total). During discussion, the motion was amended
to require that the Board be provided with data analysis of the potential costs and long term
benefits to the community and Monroe County as well as possible funding sources. Roll call
vote was unanimous. Peter Horton, Airports Director discussed the matter. Bill Ehrhorn,
General Manager of the Marathon Jet Center addressed the Board.
GROWTH MANAGEMENT
Item J5 Richard Jones, Senior Administrator discussed with the Board and requested Staff
direction to draft an Ordinance addressing anchoring impacts in association with the Florida Fish
and Wildlife Conservation Commission (FWC) Pilot Program on anchoring and mooring, 1)
designating Boca Chica basin and Sunset Cove as managed anchorage zones, including 2)
requiring an annual USCG Auxiliary Vessel Check, 3) prohibition of At Risk vessels as tagged
by FWC, 4) prohibition of floating structures, 5) requirement of proof of pumpout and 6)
developing additional anchoring regulations for the partnering cities of Key West and Marathon.
The following individuals addressed the Board: Charmaine Smith Ladd, representing Boater's
Anchoring Rights & Responsibilities (BARR); Roger Bernstein, representing F &B Corporation;
Naja Girard., Arnaud Girard, Mimi Stafford, Donna Bosold, and Bruce Popham, representing the
Florida Keys National Marine Sanctuary Advisory Council. Christine Hurley, Growth
Management Director discussed the matter. After discussion, Staff was directed to proceed with
drafting an Ordinance which addresses the above impacts as well as including the designation of
Key West Harbor as a managed anchorage zone, the development of an appeals process for
vessel owners who feel they have been unfairly tagged as At -Risk, and that a clear distinction be
made for requiring pump out of vessels for boaters who are here permanently /semi - permanently
as opposed 1:o boaters just passing through.
COUNTY ADMINISTRATOR
Item 05 Mike Puto, Vice - president of Friends of Old Seven, Inc., introduced Bernard
Spinrad, President of Friends of Old Seven, Inc., who gave a presentation before the Board for
the approval of a resolution recognizing the Friends of Old Seven, Inc. as a leading organization
2011/176
in a joint venture which is expected to include Monroe County and various public and private
organizations to save, rehabilitate and maintain the 2.2 mile segment of the Old Seven Mile
Bridge in Marathon, FL. Said presentation document is incorporated herein by reference. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to
adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 283-2011
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
Item I1 Suzanne Hutton, County Attorney read the required information into the record.
An Attorney- Client Closed Session of the Board of County Commissioners was held 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. 2:00 P.M.
Item 12 Suzanne Hutton, County Attorney read the required information into the record.
An Attorney- Client Closed Session of the Board of County Commissioners was held in the
matter of Monroe County v. Donald and Diana Brady, Code Enforcement Case No.
CE 10110094.
Item I3 Motion was made by Commissioner Rice and seconded by Commissioner
Neugent to continue the Attorney - Client Closed Session of the Board of County Commissioners
in the matter of Florida Key Deer v. Craig Fugate, et al., Case No. 90- 10037 -CIV to October 19,
2011 at the Harvey Government Center in Key West at 1:30 P.M. Motion carried unanimously.
GROWTH MANAGEMENT
Item J1 The Board discussed an Interlocal Agreement (ILA) between Monroe County and
the City of Key Colony Beach (City) reimbursing the City in the amount of $1,538.00 from
Boating Improvement Funds for costs previously incurred for the installation of regulatory buoys
during the past fiscal year. Christine Hurley, Growth Management Director discussed the matter.
After discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Murphy granting approval of the item. Motion carried unanimously.
Item K1 The Board discussed the progress report on the development of military
compatibility criteria for inclusion into the Monroe County 2010 Comprehensive Plan, as
required by Sections 163.3177 and 163.3175, Florida Statutes, and revisions to the Monroe
County Technical Document related to military compatibility criteria. Christine Hurley, Growth
Management Director discussed the matter. The following individual addressed the Board: Ron
Demes, Executive Director - Business Manager of the Naval Air Station Key West addressed the
Board. Suzanne Hutton, County Attorney discussed disclosure resolution # 067 - 1979. The
Board requested for the transmittal process to be expedited.
2011/177
PUBLIC HEARINGS
Item Q1 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Section 6 -108 clarifying the eligibility for waiver of building permit application fees and
building permit fees for affordable housing; Providing for severability; Providing for repeal of
inconsistent provisions; Providing for incorporation into the Monroe County Code; Providing for
an effective date. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 012 -2011
Said Ordinance is incorporated herein by reference.
Item Q2 A Public Hearing to consider a request for Administrative Relief for Mario &
Rosa Ruiz on Lot 11, Block 2, Key Largo Beach, Key Largo, Real Estate Number
00501620- 000000 was deleted from the agenda.
Item Q3 A Public Hearing was held to consider a request for Administrative Relief for
Jonathan Dahm on Lot 10, Block 10, Pirates Cove, Key Largo, Real Estate Number
00494280.0000000. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner Neugent to adopt the following Resolution approving the request
in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously.
RESOLUTION NO. 284-2011
Said Resolution is incorporated herein by reference.
Item Q4 A Public Hearing was held to consider a request for Administrative Relief for
Linda W. Harper, Rev. Liv. Tr. Ag. 10/22/03 on Lot 10, Block 8, Harris Ocean Park Estates, 1st
Addition, Key Largo, Real Estate Number 00449970.000000. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the
following Resolution approving the request in the form of one (1) Dwelling Unit Allocation
Award. Motion carried unanimously.
RESOLUTION NO. 285 -2011
Said Resolution is incorporated herein by reference.
Item Q5 A Public Hearing was held to consider a request for Administrative Relief for
Dennis & Janine Young on Lot 1, Block 7, Ocean Park Village, Key Largo, Real Estate Number
00446390.000000. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner Neugent to adopt the following Resolution approving the request
in the form of one (1) Dwelling Unit Allocation Award. Motion carried unanimously.
RESOLUTION NO. 286 -2011
Said Resolution is incorporated herein by reference.
2011/178
Item Q6 A Public Hearing was held to consider a request for Administrative Relief for
David Robertson Geis, Jr. & Christine Ruffner on Lot 8 & S 1/2 of 9, Block 2, Torchwood West
Unit Two, Big Torch, Real Estate # 00243622.002100. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following
Resolution per Staff recommendation in the form of a purchase offer from the Monroe County
Land Authority. Christine Hurley, Growth Management Director discussed the matter. Motion
carried unanimously.
RESOLUTION NO. 287-2011
Said Resolution is incorporated herein by reference.
Item Q7 A Public Hearing was held to consider a request for Administrative Relief for
John D. and Mary Jane Schwartz, Rev Living Trust 11/30/04 on Lot 15, Block 1, Torchwood
West Unit One, Big Torch, Real Estate # 00243621.001500. The Board accepted public input
with the following individual addressing the Board: John Schwartz. Christine Hurley, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution per Staff recommendation in the form of a purchase offer from the Monroe County
Land Authority. Motion carried unanimously. Roll call vote was taken with the following
results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Rice No
Commissioner Wigington Yes
Mayor Carruthers Yes
Motion carried.
RESOLUTION NO. 288-2011
Said Resolution is incorporated herein by reference.
Item Q8 A Public Hearing was held to consider a request for Administrative Relief for
Jesus Sanchez on Lot 9, Baywood, Key Largo, Real Estate # 00439670.000000. After
discussion, motion was made by Commissioner Murphy and seconded by Mayor Carruthers to
adopt the following Resolution per Staff recommendation approving the request for
Administrative Relief in the form of a purchase offer from the Monroe County Land Authority.
Motion carried unanimously.
RESOLUTION NO. 289-2011
Said Resolution is incorporated herein by reference.
Item Q9 A Public Hearing was held to consider an Ordinance amending Section 114 -67(c)
of the Monroe County Land Development Code, concerning the required off - street parking
requirements for multifamily residential dwelling units; Providing for severability; Providing for
REVISION
2011/178
Item Q6 A Public Hearing was held to consider a request for Administrative Relief for
David Robertson Geis, Jr. & Christine Ruffner on Lot 8 & S %2 of 9, Block 2, Torchwood West
Unit Two, Big Torch, Real Estate # 00243622.002100. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following
Resolution per Staff recommendation in the form of a purchase offer from the Monroe County
Land Authority. Christine Hurley, Growth Management Director discussed the matter. Motion
carried unanimously.
RESOLUTION NO. 287-2011
Said Resolution is incorporated herein by reference.
Item Q7 A Public Hearing was held to consider a request for Administrative Relief for
John D. and Mary Jane Schwartz, Rev Living Trust 11/30/04 on Lot 15, Block 1, Torchwood
West Unit One, Big Torch, Real Estate # 00243621.001500. The Board accepted public input
with the following individual addressing the Board: John Schwartz. Christine Hurley, Growth
Management Director discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Resolution per Staff recommendation in the form of a purchase offer from the Monroe County
Land Authority. : • : . - :. - .. . Roll call vote was taken with the following
results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Rice No
Commissioner Wigington Yes
Mayor Carruthers Yes
Motion carried.
RESOLUTION NO. 288-2011
Said Resolution is incorporated herein by reference.
Item Q8 A Public Hearing was held to consider a request for Administrative Relief for
Jesus Sanchez on Lot 9, Baywood, Key Largo, Real Estate # 00439670.000000. After
discussion, motion was made by Commissioner Murphy and seconded by Mayor Carruthers to
adopt the following Resolution per Staff recommendation approving the request for
Administrative Relief in the form of a purchase offer from the Monroe County Land Authority.
Motion carried unanimously.
RESOLUTION NO. 289-2011
Said Resolution is incorporated herein by reference.
Item Q9 A Public Hearing was held to consider an Ordinance amending Section 114 -67(c)
of the Monroe County Land Development Code, concerning the required off - street parking
requirements for multifamily residential dwelling units; Providing for severability; Providing for
2011/179
repeal of conflicting provisions; Providing for transmittal to the Department of Community
Affairs and the Secretary of State; Providing for codification and Providing for an effective date.
There was no public input. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Neugent to adopt the following Ordinance, as amended. Said
amendment as follows: One and two bedrooms have two parking spaces and three bedrooms
and above have three parking spaces.
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Rice No
Commissioner Wigington Yes
Mayor Carruthers No
ORDINANCE NO. 013 -2011
Said Ordinance is incorporated herein by reference.
Item Q10 A Public Hearing was held to consider an Ordinance establishing Monroe County
Code Section 114 -21, implementing a recyclable materials recycling program for multifamily
and nonresidential developments of the Monroe County Land Development Code; Providing for
severability; Providing for repeal of conflicting provisions; Providing for transmittal to the
Department of Community Affairs and the Secretary of State; Providing for codification and
Providing for an effective date. There was no public input. Motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 014 -2011
Said Ordinance is incorporated herein by reference.
Item Q11 A Public Hearing was held to consider an Ordinance amending Monroe Section
138 -22, type of development not affected, to incorporate criteria for residential ROGO
exemptions; of the Monroe County Land Development Code, to incorporate criteria for
Residential Rate of Growth Ordinance (ROGO) exemptions; Providing for severability;
Providing for repeal of conflicting provisions; Providing for transmittal to the Department of
Community Affairs and the Secretary of State; Providing for codification and Providing for an
effective date. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 015-2011
Said Ordinance is incorporated herein by reference.
Item Q12 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Sections 101 -1, Definitions, and 118- 12(m)(4), Shoreline setback, docking facilities,
adjacent parcel, to clarify what elements of docking facilities may be permitted on adjacent
2011/180
parcels of land; Providing for severability; Providing for repeal of conflicting provisions;
Providing for transmittal to the Department of Community Affairs and the Secretary of State;
Providing for codification and Providing for an effective date. The Board accepted public input
with the following individual addressing the Board: Ivars Upatniks. Motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 016-2011
Said Ordinance is incorporated herein by reference.
Item Q13 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Section 110 -5 Notice, Section 110 -69 Minor Conditional Uses; and Section 110 -70 Major
Conditional Uses, to modify the procedure for public notice of minor and major conditional use
permit applications and to revise the process for reviewing minor and major conditional use
permit applications; Providing for severability; Providing for repeal of conflicting provisions;
Providing for transmittal to the Department of Community Affairs and the Secretary of State;
Providing for codification and Providing for an effective date. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-2011
Said Ordinance is incorporated herein by reference.
GROWTH MANAGEMENT
Items K2/K3 Christine Hurley, Growth Management Director discussed for Board direction the
request for the reservation of sixteen (16) affordable dwelling unit ROGO allocation awards for
Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property
located at 30641 US Highway 1 (aka Skeeter's Marine); and the request by Richard Beal to
reserve up to 0.1392 HIMPACT with 0.4176 `HMITIGATION' for Caya Place LLC on Big Pine
Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1
(aka Skeeter's Marine). The following individuals addressed the Board: Tom Fletcher,
representing Paradise Property and Richard Beal. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice directing Staff to decline both
requests. Roll call vote was unanimous.
Item J7 The Board discussed a Resolution by the BOCC confirming the administrative
boundary interpretation of the Director of Planning & Environmental Resources in a Land Use
District Map and Future Land Use Map (FLUM) boundary determination regarding a portion of
part Lot 15 and part Government Lot 2, Sections 33 and 34, Township 62 South, Range 38 East,
Key Largo having real estate number 00089910.000100. The following individual addressed the
Board: Attorney John Jabro, representing Max Puyanic. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution.
Motion carried unanimously.
'REVISION 2011/181
RESOLUTION NO. 290 -2011
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item P8 Susan Grimsley, Assistant County Attorney discussed an Amendment to a Lease
dated 11/12/1997, for a strip of County -owned right -of -way located on Second Avenue,
Mandalay Subdivision, Key Largo to enlarge the description of the leased parcel and reflect the
current status of structures located on the leased parcel. The following individuals addressed the
Board: Don Horton, representing Mandalay Oceanfront Grill and Attorney John Jabro,
representing Florida Keys Quality Foods, Inc. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy granting approval and authorizing
execution o the Amendment with the inclusion that the existing $1.00 $100.00 per month year
lease charge be increased to $50.00 per month. Motion carried unanimously. Christine Hurley,
Growth Management Director clarified that the Lessee does plan to cover the existing awning
installed on the property.
STAFF REPORTS
Item E7 Public Works - Rose S. Washington, Sr. Administrator - Solid Waste
Management gave a presentation on Solid Waste /Recycling. Said document is incorporated
herein by reference.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for August, 2011, dated September 6, 2011. Mr. Gastesi
updated the Board concerning the Urban Area Security Initiative.
Item 04 The Board discussed the Monroe County 2012 Legislative Agenda. Motion was
made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the
Monroe County 2012 Legislative Agenda. Motion carried unanimously.
COUNTY ATTORNEY
Item P1 Bob Shillinger, Chief Assistant County Attorney discussed the court ruling for
Stand Up for Animals (SUFA) in the Third DCA — Case No. 3D11- 315 /16th Judicial Circuit
Case No. CA -K -10 -1050 and requested a Closed Session be held with the Board to discuss
settlement negotiations. The Closed Session was set for Wednesday, October 19, 2011 at the
Harvey Government Center in Key West at 2:00 P.M. Mr. Shillinger also discussed status of the
following litigation: No Name Key vs. Keys Energy, et. al., Case No. CA -K -11 -342; Florida
Keys Outreach Coalition, Inc. (KOTS), Case No. CA -K -11 -911; and FEMA Case No. 11th
Circuit No. 11- 11109 -I/S.D. Fla. L.T. 90- 100317 -Civ- Moore.
2011/182
Item P3 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
to adopt the following Resolution authorizing the conveyance of thirty -nine (39) BOCC parcels
of land (totaling 4.67 acres) located in Torch Key Estates, Little Torch Key, FL to the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida for inclusion in the
Florida Forever Program. Motion carried unanimously.
RESOLUTION NO. 291-2011
Said Resolution is incorporated herein by reference.
Item P4 Suzanne Hutton, County Attorney discussed for direction to Staff to determine if
the BOCC wants to change the time frame currently used for holding closed sessions held during
regularly scheduled BOCC meetings. No official action was taken.
Item P7 Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to
advertise a Public Hearing for an Ordinance amending Section 23 -76 of the Monroe County
Code to repeal the prerequisites for mobile traveling junk dealers. Motion carried unanimously.
Item P9 Assistant County Attorney, Natileen Cassel discussed the award of a Contract for
Lease and Option to Purchase the "Hickory House" property by Florida Yacht Charters & Sales,
Inc., waive any deficiencies; and for direction to begin negotiations on the contract terms. The
contract shall come back to the BOCC for final approval. In the event no contract terms can be
negotiated, no further action will be taken on the other proposal. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to reject both bids and
go back out for Request for Bids. Roll call vote was unanimous.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
,,(4,0JA-Ce C. 49-.da/r/
Isabel C. DeSantis, Deputy Clerk