01/20/2012 Regular2012/1
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, January 19, 2012
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent, Commissioner Kim Wigington and Mayor David P. Rice. 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; Pamela G. Hancock,
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
Wigington granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Years of Service Award for 20 years of service to Monroe County
to Gina Carmona, Coordinator, Correction Facilities, Public Works/Engineering Division.
Item B2 Presentation of Years of Service Award for 15 years of service to Monroe County
to Ron Cherry, Jr., Senior Coordinator, Fleet Management, Public Works/Engineering Division.
Item B3 Presentation of Employee Service Award for the month of December, 2011, to
Rhonda Haag, Sustainable Initiatives Coordinator.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington granting approval of the following items by unanimous consent:
Item C 1 Board granted approval and authorized execution of Modification 92 to reinstate
and extend Memorandum of Agreement with the City of Miami concerning a United States
Department of Homeland Security's Office of Grants & Training (OG&T), through the State of
Florida Division of Emergency Management (DEM) sub -grant Agreement
909DS-24-1 1-23 -02-011, subgranted the Urban Area Security Initiative (USAI), no county
2012/2
funding required, in the amount of $336,998.00, and authorization for the County Administrator
to execute any other required documentation in relation to the application process.
Item C2 Board granted approval of a 12 month service Agreement with Bio-Med Waste
Solutions, Inc. for the collection and disposal of biomedical waste generated from emergency
medical calls and transports of Monroe County Fire Rescue and authority for Fire Chief to
execute all necessary documents including the agreement.
Item C4 Board granted approval to award the bid for food service and authorized execution
of a Contract between Monroe County and G.A. Food Service, Inc. Initial contract period will be
March 1 — December 31, 2012, with the option to renew for two consecutive years through
contract amendment beginning January 1, 2013.
Item C5 Board granted approval and authorized execution of the 2012 Vendor Agreement
between Monroe County Social Services and Newtrition Concepts, Inc.
Item C6 Board granted approval to amend and renew the Lease Agreement with Tropical
Watersports. LLC, for a watersports equipment rental concession on Clarence S. Higgs Memorial
Beach.
Item C7 Board granted approval to enter into an amended Interlocal Agreement with the
Monroe County School Board for joint use of fuel facilities and allow both parties to jointly bid
and advertise for the purchase and acquisition of unleaded gasoline and diesel fuels.
Item C8 Board granted approval and authorized execution the first option to renew the
Contract between Monroe County and U.S. Water Services Corporation for operation and
maintenance of the wastewater treatment plant at the Plantation Key Government Center,
Monroe County.
Item C9 Board granted approval to amend the contract with Barnes Alarms, Inc. for fire
and panic alarm system annual certification, maintenance and monitoring, to include three
Monroe County Fire Station locations.
Item CIO Board adopted the following Resolution authorizing an agent of an Animal
Control Contractor to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida
Statutes, and to issue citations for violations of the Monroe County Code including requiring
appearance for disposition in County Court.
RESOLUTION NO.001-2012
Said Resolution is incorporated herein by reference.
Item CI I Board granted approval to award bid and authorized execution of a Contract
between Monroe County and Intercon Solutions for transportation, de -manufacturing, recycling
(processing) and/or proper disposal of electronics (E-Waste), fluorescent bulbs, batteries and
other residual materials.
3
2012/3
Item C 12 Board granted approval and authorized execution of Amendment One to the Joint
Participation Agreement (JPA) between Monroe County and the Florida Department of
Transportation (FDOT) to extend the term of the JPA until January 31, 2013. The JPA provides
$1,159,433 funding to design and construct repairs to Tom's Harbor Channel Bridge #904600
from Duck Key Drive to US 1.
Item C 14 Board granted approval of Task Order with AMEC Environment & Infrastructure
Inc. for Construction Engineering and Inspection (CEI) services for the Tom's Harbor Channel
Bridge Repair project. The task order is being awarded under the On Call Professional
Engineering Services contract with AMEC Environment & Infrastructure, Inc. (formerly
MACTEC Engineering Consulting, Inc.)
Item C 15 Board granted approval and authorized execution of Amendment No. 1 to the
existing Contract between Monroe County and Kisinger Campo & Associates Corp. (KCA) for
engineering design of emergency repairs to No Name Key Bridge to include construction
engineering and inspection (CEI) services.
Item C 17 Board granted approval and authorized execution of an Agreement between
Monroe County and the Sugarloaf Key Volunteer Fire Department for repairs at the station
located at 17175 Overseas Highway in Sugarloaf Key.
Item C 19 Board granted approval of receipt of monthly report on Change Orders reviewed
by the County Administrator's office. Said report is incorporated herein by reference.
Item C21 Board granted approval of Task Order No. 12/14-04 for professional services
with Jacobs Project Management Co. for modifications and renovation of the existing baggage
claim / arrivals facility at the Key West International Airport.
Item C22 Board granted approval and authorized of the General Consulting Services Master
Agreement between Monroe County and CDM Smith, Inc., for professional services at Key West
International Airport and the Florida Keys Marathon Airport.
Item C23 Board granted approval and authorized execution of the General Consulting
Services Master Agreement between Monroe County and The LPA Group Incorporated, for
professional services at Key West International Airport and The Florida Keys Marathon Airport.
Item C25 Board granted approval and authorized execution of a Contract Renewal
Agreement between Monroe County and Gardens of Eden of the Florida Keys, Inc. for
landscaping services at the Key West International Airport.
Item C26 Board adopted the following Resolutions for the transfer of funds and resolutions
for the receipt of unanticipated revenue:
2012/4
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO.002-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated (OMB Schedule Item No. 2).
RESOLUTION NO.002a-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO.003-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 004-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO.005-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO.006-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO.007-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 008-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO.009-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO.010-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 011-2012
Said Resolution is incorporated herein by reference.
2012/5
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO.012-2012
Said Resolution is incorporated herein by reference.
Item C27 Board granted approval and authorized execution of a one year Contract between
Monroe County and eCivis Grants Network to assist Monroe County with grant research and
grants management.
Item C28 Board granted approval and authorized execution of a Second Amendment to
Lease Agreement between Monroe County, Florida, Lessor, and Tony D'Aiuto d/b/a
Antique Aircraft Restoration, Lessee, regarding the former Mosquito Control Hangar Facility.
Item C29 Board granted approval and authorized execution of a Fifth Amendment to Lease
Agreement between Monroe County, Florida, County, and Tony D'Aiuto d/b/a
Antique Aircraft Restorations, Lessee, regarding a parcel of land upon which the Lessee
constructed a hangar facility.
Item C30 Board granted approval and authorized execution of a Consent to Assignment
between Monroe County, Tony D'Aiuto d/b/a Antique Aircraft Restorations, Assignor, and Jobe
Materials, L.P., Assignee, regarding a parcel of land upon which the Assignor constructed a
hangar facility.
Item C31 Board ratified Exhibit A to the WAP-LIHEAP Resolution No. 293-2011 which
authorized the Director of Social Services to execute contracts for Weatherization Assistance
Program -Low Income Home Energy Assistance Program (WAP-LIHEAP) work on behalf of
Monroe County under certain limited circumstances.
Item C32 Board granted approval to reject bids received on January 11, 2012 and
re -advertise for construction bids for the Tom's Harbor Channel Bridge Repair Project.
Item C33 Board granted approval and authorized execution of Modification #005 to the
Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant
Agreement (ARRA WAP), Contract # 10 WX-7X-11-54-01-719 between Monroe County Board
of County Commissioners (Community Services/Social Services) and the State of Florida,
Department of Economic Opportunity.
TOURIST DEVELOPMENT COUNCIL
Item D 1 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and The Studios of Key West, Inc. to extent termination date of the
Replacement of Central Air Conditioner at the Historic Armory Project to January 31, 2012.
Item D2 Board adopted the following Resolution to transfer funds allocated from DAC IV
to Ecoweek and Fight Night to DAC IV Advertising Resources due to cancellation of events by
event coordinators.
2012/6
RESOLUTION NO. 013-2012
Said Resolution is incorporated herein by reference.
Item D3 Board adopted the following Resolution to transfer funds allocated from DAC II
to Ecoweek to Advertising Resources due to cancellation of event by event coordinator.
RESOLUTION NO. 014-2012
Said Resolution is incorporated herein by reference.
Item D4 Board granted approval and authorized execution of an Agreement with Sunrise
Rotary Foundation of Key West, Inc. covering Key West Brewfest in August/September 2012 in
an amount not to exceed $10,000, DAC 1, FY 2012 Event Resources.
Item D5 Board granted approval to advertise a Request for Proposal for Professional
Public Relations Services to promote tourism for the Monroe County Tourist Development
Council (TDC).
Item D6 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Innkeeper's Association, Inc. to revise scope of services
for the Holiday Historic Inn Tour in December, 2011.
Item D7 Board granted approval and authorized execution of an Agreement with Pigeon
Key Foundation, Inc. covering the Pigeon Key Solar Energy Project (Phase I) in an amount not to
exceed $104,826, DAC IJI, FY 2012 Capital Resources.
DIVISION OF GROWTH MANAGEMENT
Item I Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the City of Marathon (City) reimbursing the City in the
amount of $49,859.81 from Boating Improvement Funds for cost previously incurred for
mooring parts needed to replace moorings during FY 2012.
Item I2 Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and the City of Key West (City) reimbursing the City in the
amount of $31,852.02 from Boating Improvement Funds for costs previously incurred for
mooring repairs and maintenance in association with the City mooring field during FY 2011.
Item I3 Board granted approval of Building Permit refund fee to Carol Ann Tumier,
Permit #09-03-04516 issued on November 6, 2009.
Item I4 Board granted approval to re -appoint Rudolph (Rudy) Krause to one (1) additional
three (3) year term to the Contractors' Examining Board (CEB) beginning January 2012, with a
term expiring January 19, 2015.
2012/7
Item I5 Board adopted the following Resolution to reserve 0. 13 92 HIMPACT with 0.261
"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) for a
period not to exceed four (4) months.
RESOLUTION NO.015-2012
Said Resolution is incorporated herein by reference.
Item I6 Board adopted the following Resolution for a four (4) month 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).
RESOLUTION NO.016-2012
Said Resolution is incorporated herein by reference.
Item I7 Board granted approval of the selected contractors, Key Iron Works, Inc., Rudy
Krause Construction and Cross Environmental Services, Inc. for the demolition of uninhabitable
structures.
MONROE COUNTY SHERIFF DEPARTMENT
Item K1 Board granted approval of a request for an expenditure from the Law Enforcement
Trust Fund, as follows:
$3,000 - KWHS Girls Softball Team: to help cover expenses.
Item K2 Board granted approval to re -appoint Mr. Lynn Mapes to the Sheriffs Shared
Asset Forfeiture Fund Board (SAFF), term will expire January 16, 2014.
Item K3 Board granted approval of a rescission of the First Amendment to Contract for
Local Police Services with the City of Marathon, the Monroe County Sheriffs Office and the
Board of County Commissioners previously approved on September 21, 2011, and granted
approval and authorized execution of a revised First Amendment to Contract for Local Police
Services to correct a scrivener's error.
MONROE COUNTY HEALTH DEPARTMENT
Item L 1 Board granted approval and authorized execution of the 1 st Lease Renewal Option
between MW & JC LLC and Monroe County Board of County Commissioners to provide the
premises at 3134 Northside Drive, Key West to be used by the Health Department as a clinic.
2012/8
COMMISSIONERS' ITEMS
Item M 1 Board adopted the following Resolution designating the Sheriffs Substation at
Marathon, Florida the "John M. Spottswood Substation".
RESOLUTION NO. 018-2012
Said Resolution is incorporated herein by reference.
Item M2 Board adopted the following Resolution in support of a skeet shooting event being
held on Pigeon Key.
RESOLUTION NO.019-2012
Said Resolution is incorporated herein by reference.
Item M3 Board granted approval of Mayor Rice's re -appointment of James Bernardin as the
District 4 Representative to the Tourist Development Council, term will expire February 1, 2016.
Item M4 Board granted approval of Mayor Rice's re -appointment of Tom Neville to the
Duck Key Security District Advisory Board, term will expire February 1, 2015.
Item M6 Board granted approval of Commissioner Wigington's re -appointment of Mr.
Richard D. Roth to the Shared Asset Forfeiture Fund Advisory Board, term will expire January
15, 2014.
Item M7 Board granted approval of Commissioner Wigington's re -appointment of Mr.
Steven Miller to the Parks and Recreation Advisory Board, term will expire January 1, 2016.
Item M8 Board granted approval of Commissioner Neugent's re -appointment of Nicholas
Mulick, Esquire to the Shared Asset Forfeiture Fund Advisory Board, term will expire January
16, 2014.
Item M10 Board granted approval of Commissioner Carruther's re -appointment of
Alexsandra Corsi Leto to the Shared Asset Forfeiture Fund Advisory Board, term will expire
January 19, 2014.
Item MI I Board granted approval of Commissioner Carruther's appointment of Amy
Spielberg to the Park & Recreation Advisory Board to fulfill the term of Diane Beruldsen, term
will expire September 17, 2012.
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners minutes
from the Regular Meeting of November 16, 2011 and Special Meeting of December 8, 2011
(previously distributed).
2012/9
Item N3 Board granted approval of the following Warrants: (106592 - 106640 and 569833
- 570667) General Fund (001), in the amount of $3,582,689.89; Fine & Forfeiture Fund (101),
in the amount of $9,228,752.75; Road and Bridge Fund (102), in the amount of $61,486.41;
TDC District Two Penny (115), in the amount of $343,680.45; TDC Admin. & Promo 2 Cent
(116), in the amount of $529,110.99; TDC District 1,3 Cent (117), in the amount of
$695,998.12; TDC District 2,3 Cent (118), in the amount of $31,507.74; TDC District 3,3
Cent (119), in the amount of $126,290.94; TDC District 4,3 Cent (120), in the amount of
$109,595.28; TDC District 5,3 Cent (121), in the amount of $71,333.17; Gov. Fund Type
Grants (125), in the amount of $253,356.90; Fire & Amb District 1 L&M Keys (141), in the
amount of $327,724.20; Upper Keys Health Care (144), in the amount of $1,102.59; Uninc
Svc Dist Parks & Rec (147), in the amount of $46,055.97; Plan, Build, Zoning (148), in the
amount of $123,702.73; Municipal Policing (149), in the amount of $1,382,890.82; 911
Enhancement Fee (150), in the amount of $43,437.73; Duck Key Security (152), in the amount
of $3,840.00; Local Housing Assistance (153), in the amount of $204,573.50; Boating
Improvement Fund (157), in the amount of $27,412.72; Misc. Special Revenue Fund (158), in
the amount of $75,166.45; Environmental Restoration (160), in the amount of $530.40; Law
Enforcement Trust (162), in the amount of $21,000.00; Court Facilities Fees-602 (163), in the
amount of $36,395.80; Building Fund, (180), in the amount of $9,703.75; 1 Cent Infra Surtax
(304) in the amount of $72,585.55; Infr Sls Srtx Rev Bds2007 (308), in the amount of $382.90;
Duck Key Wastewater (311), in the amount of $193,087.94; Card Sound Bridge (401), in the
amount of $7,200.88; Marathon Airport (403), in the amount of $24,037.92; Key West Intl.
Airport (404), in the amount of $327,468.10; KW AIP Series 2006 Bonds (405), in the amount
of $3,471.58; PFC & OPER Restrictions (406), in the amount of $15,000.00; MSD Solid
Waste (414), in the amount of $1,807,331.06; Worker's Compensation (501), in the amount of
$16,295.66; Group Insurance Fund (502), in the amount of $556,000.65; Risk Management
Fund (503), in the amount of $146,472.93; Fleet Management Fund (504), in the amount of
$85,210.72; Fire&EMS LOSAP Trust Fund (610), in the amount of $2,055.00.
Item N4 Board granted approval of Tourist Development Council Expenditures for the
month of December, 2011: Advertising, in the amount of $655,882.87; Bricks & Mortar
Projects/Interlocal, in the amount of $73,810.76; Visitor Information Services, in the amount
of $75,524.33; Events, in the amount of $228,855.10; Office Supplies & Oper Costs, in the
amount of $17,302.02; Personal Services, in the amount of $160,652.18; Public Relations, in
the amount of $19,300.06; Sales & Marketing, in the amount of $59,671.42; Telephone &
Utilities, in the amount of $16,598.29; Travel, in the amount of $2,880.84.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
Item N6 Board accepted the Clerk's Quarterly Compliance Report on Surplus Funds
Investments, dated September 30, 2011.
2012/10
COUNTY ADMINISTRATOR
Item 02 Board granted approval and authorized execution of Amendment No. 2, under
Grant Agreement ARSO10, between Monroe County and Green Earth Environmental
Foundation, Inc. for no additional cost to the County.
Item 03 Board granted approval and authorized execution of Amendment No. 1 between
Monroe County and SDI Solar, Inc. for the Solar Water Heaters purchase and installation, to
provide a 45 day no -cost time extension (Grant No. ARS010).
Item 04 Board granted approval of the appointment of Elizabeth MacGard to the Health
Council of South Florida for a two year term in the category of Purchaser, term will expire
January 18, 2014.
COUNTY ATTORNEY
Item P3 Board granted approval to advertise a Public Hearing for an Ordinance creating
Section 17-5 of the Monroe County Code to prohibit persons from loitering after warning or
where a no loitering sign has been posted.
Item P4 Board granted approval and authorized execution of a Professional Services
Contract between Monroe County and the firm of Johnson, Anselmo, Murdock, Burke, Piper &
Hochman, P.A.
Item P6 Board granted approval and authorized execution of the Second Amendment to
Contract between Monroe County and Hogan Lovells, LLP to add additional time keepers,
effective January 1, 2012.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C 18 The Board discussed Change Order # 1 to Pedro Falcon Electrical Contractor's,
Inc. (PFEC) for emergency asbestos and mold removal at the Monroe County Courthouse in
Marathon. Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering; Holly
Elomina, Monroe County Court Administrator; and Roman Gastesi, County Administrator
discussed the item. After discussion, motion was made by Commissioner Wigington and
seconded by Commissioner Neugent granting approval of the item. 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 George Neugent, Commissioner Kim Wigington,
2012/11
and Mayor David P. Rice. Absent was Mayor Norman Anderson, Councilman Clark Snow, and
Councilwoman Katie Scott.
Item G1 James Callahan, Monroe County Fire Chief reported to the Board that the ISO
Report Rating in Layton, Long Key and Tavernier has dropped from 5/9 to a 4 throughout those
districts.
Item G2 Motion was made by Mayor Rice and seconded by Commissioner Wigington
granting approval of a 12 month Service Agreement with Bio-Med Waste Solutions, Inc. for the
collection and disposal of biomedical waste generated from emergency medical calls and
transports of Monroe County Fire Rescue and authority for the Fire Chief to execute all necessary
documents including the Agreement. Motion carried unanimously.
The Board of Governors discussed District 1 Taxing District Services. The
County Attorney's Office will research whether or not we need to have an Interlocal Agreement
with the City of Key West to cover more of the cost.
present.
The Board of County Commissioners meeting reconvened with all commissioners
MISCELLANEOUS BULK APPROVALS
Item C3 Mayor Rice announced that due to a conflict of interest he would recuse himself
from voting on this item. Motion was made by Commissioner Neugent and seconded by
Commissioner Carruthers granting approval and authorizing execution of a Contract between
Monroe County and the Community Transportation Coordinator/Guidance/Care Center, Inc. for a
contract period of 01/01/2012 through 06/30/2012. Motion carried unanimously, with Mayor
Rice abstaining.
DIVISION OF GROWTH MANAGEMENT
Item J2 Rich Jones, Marine Resources Senior Administrator discussed further direction to
staff regarding drafting an Ordinance addressing anchoring impacts, in association with the
Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program on anchoring and
mooring, 1) designating managed anchoring zones in specific geographic locations in Keys'
waters (Sunset Cove, Boca Chica Basin, and Key West Harbor) within which regulations would
be implemented, including: 2) eight regulatory elements recommended by Staff. The following
individuals addressed the Board: Roger Bernstein, representing FEB Corporation; Sean Morton,
representing NOAA - Florida Keys National Marine Sanctuary; Bill Hunter, Todd German,
George Halloran, representing Last Stand; Naja Girard, Marilyn Wilbarger, representing the City
of Key West; Ed Scales, representing Fury Management; and Scott Saunders, President of Fury
Management. Suzanne Hutton, County Attorney addressed the Board. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Carruthers to include
2012/12
Sunset Cove, Boca Chica Basin, Key West Harbor and Cow Key Channel in the Managed
Anchoring Zones. Motion carried unanimously. Christine Hurley, Growth Management
Director addressed the Board. Motion was made by Commissioner Wigington and seconded by
Commissioner Neugent to require proof of pumpout and USCG Inspection, Vessel Safety Check
Coast Guard Auxiliary. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Rice
Yes
Motion carried. Motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to approve a prohibition on floating structures with an exception for licensed and
permitted entity with land based commercial activities. Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Item C 16 Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval to provide $87,500 per year for a two one year period beginning
July 1, 2012 to assist with funding the Temporary Ferry Service and that this is being given with
the stipulation that FDOT, Pigeon Key Foundation and that City of Marathon are in too for one
year. This amount represents 35% of the total annual cost of the ferry service. Roman Gastesi,
County Administrator addressed the Board. Kelly McKinnon, representing the Pigeon Key
Foundation addressed the Board. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Item M5 Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval of a Joint Participation with South Florida National Parks Trust,
the Isaac Walton League, and the Florida Keys Environmental Fund to provide three educational
trips into the Everglades for Monroe County students in the total amount of $4,000.00 ($2,000 to
be provided by Monroe County). Roman Gastesi, County Administrator; Suzanne Hutton,
County Attorney; and Danny L. Kolhage, Clerk addressed the Board. Roll call vote was
unanimous.
MISCELLANEOUS BULK APPROVALS
Item C 13 Judy Clarke, PE, Engineering Director addressed the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner Carruthers granting approval and
authorizing execution of an Amendment and Consent to Assignment to the existing On Call
Professional Engineering Services Contract between Monroe County and MACTEC Engineering
Consulting, Inc. to reflect a name change to AMEC E&I, Inc. effective July 6, 2011 and to assign
2012/13
the contract to a restructured corporation named AMEC Environment & Infrastructure, Inc.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS / STAFF REPORTS
Item C24 Peter Horton, Director of Airports addressed the Board. Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers granting approval to declare
the repairs to the east end of Runway 09-27 an emergency; approval to waive the Purchasing
Policies and Procedures and accept the proposal by ESCO Engineered Arresting Systems
Corporation as a sole source provider for both the EMAS block materials and the installation
required for the repairs to the Runway Safety Area EMAS (Engineered Materials Arresting
System) on the eastern end of Runway 09-27 at the Key West International Airport; and approval
to authorize the Mayor to execute contract for said repairs upon legal review and approval by the
County Attorney. Motion carried unanimously.
Item E1 Mr. Horton advised the Board that the final airport numbers were in for 2011, and
that number, for passengers at the Key West International Airport is 673,106, and is about 9%
better than the best year we ever had which was in 2000.
TOURIST DEVELOPMENT COUNCIL
Item D8 Lynda Stuart, TDC Office Manager addressed the Board. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting
approval and authorizing execution of an Amendment to Agreement between Monroe County
and Ragnar Events, LLC covering Ragnar Relay Florida Keys in January 2012 to clarify
allowable expenditures. Motion carried unanimously.
CLOSED SESSION
Item Hl Commissioner Wigington announced an Attorney -Client Closed Session of the
Land Authority Governing Board in the matter of Eugene Edwards, Yvonne Edwards, and Alice
Winters v. Bahama Conch Community Land Trust of Key West, Inc. and Monroe County Land
Authority, Case No. 2011-CA-1024-K. Commissioner Wigington advised that the persons
attending the meeting will be the Governing Board of the Monroe County Comprehensive Plan
Land Authority, Land Authority Counsel Larry Erskine, Chief Assistant County Attorney Bob
Shillinger, Jr. and a certified court reporter.
Item H2 Suzanne Hutton, County Attorney announced an Attorney -Client Closed Session
of the Board of County Commissioners in the matter of Sunset Marina Residences of Key West
Condominium Association, Inc. v. City of Key West & Monroe County, Case No. CA-K-11-911.
Ms. Hutton advised that the persons attending the meeting will be the County Commissioners,
County Administrator Roman Gastesi; County Attorney Suzanne Hutton; Chief Assistant County
Attorney Bob Shillinger, Jr.; Assistant County Attorneys Susan Grimsley and Derek Howard and
a certified court reporter.
t
f
2012/14
COMMISSIONERS' ITEMS
Item M9 The Board discussed Commissioner Carruthers' item to dedicate all revenues and
event fees generated from Higgs Beach Park to future operating and capital needs of the park.
Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to
approve the item. The following individual addressed the Board: Michael Behmke, Chair of
Friends of Higgs Beach. Tina Boan, Director, Budget & Finance; and Danny L. Kolhage, Clerk
addressed the Board. After further discussion, the motion was withdrawn by the maker. The
item was referred to Staff to come back to the Board with specific information on how the
revenue can be utilized.
PUBLIC HEARINGS
Item Q 1 The Public Hearing to consider adoption of an Ordinance amending Section 18-64
of the Monroe County Code to amend the funding source for the Board of Parks and Recreation
was continued to the February 15, 2012, meeting in Key Largo at 3:00 p.m..
Item Q2 A Public Hearing was held to consider a Development Agreement between Roy's
Trailer Park, Inc. (d/b/a Island Life Village Trailer Park, Inc.) and Monroe County for property
located at 6500 Maloney Avenue, Stock Island, real estate number 00126090.000000. Christine
Hurley, Growth Management Director; Susan Grimsley, Assistant County Attorney; and Lisa
Grainger, Assistant County Attorney addressed the Board. The following individuals addressed
the Board: Michael Browning, representing Roy's Trailer Park; Owen Tepanier, representing the
owner; Ron Bailey and Thomas Peak. Motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent granting approval and authorizing execution of the
Development Agreement with the caveat, added to the agreement, that they will allow the right to
inspect under the same circumstances that any other county resident can be inspected. Roll call
vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Wigington
No
Mayor Rice
Yes
Motion carried.
DIVISION OF GROWTH MANAGEMENT
Item I8 Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to adopt the following Resolution reserving 54 affordable ROGO allocations for Roy's
Trailer Park, Inc. (d/b/a Island Life Village Trailer Park, Inc.) for property located at 6500
Maloney Avenue, Stock Island, RE# 00126090.000000. (This is a companion item to a
Development Agreement which is the subject of a Public Hearing (refer to Item Q2) at this
meeting). Roll call vote was taken with the following results:
2012/15
Commissioner Carruthers
Yes
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Wigington
No
Mayor Rice
Yes
Motion carried.
RESOLUTION NO. 017-2012
Said Resolution is incorporated herein by reference.
Item J3 Michael Roberts, Senior Administrator/Environmental Resources addressed the
Board regarding the request by the South Florida Water Management District and the Florida
Department of Environmental Protection for Monroe County to sponsor a Regional Offsite
Mitigation Area (ROMA) to provide compensatory mitigation for wetland impacts in the Keys.
The following individuals addressed the Board: Sandy Walters, representing the Contractor's
Association; Rudy Krause, representing Rudy Krause Construction and Florida Marine
Contractor's Association; David Tuttle, representing Florida Keys Contractor's Association;
Jeanette Hobbs, representing Keys Environmental Restoration Fund; and Phil Frank,
Vice -President Terramar and Earthbalance. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Neugent to accept Alternative Number 4:
County's MOA and ILF includes a 3rd Party Mitigation Provider (KERF or other TBD). Roll
call vote was unanimous.
COUNTY ATTORNEY
Item P2 Suzanne Hutton, County Attorney addressed the Board regarding whether the
BOCC should direct the Supervisor of Elections to place a non -binding referendum question
(straw ballot) on the November 2012 general election as to whether the Board of Directors of the
Florida Keys Aqueduct Authority should be elected. The following individuals addressed the
Board: Kathryn Ovide, Margaret Gil, and Joyce Newman. The Board took no official action.
STAFF REPORTS
Item E6 Christine Hurley, Growth Management Director advised the Board that the
Hurricane Working Group, established by the Department of Economic Opportunity, will be
meeting on January 30, 2012, 10:00 a.m. to 4:00 p.m. in the Marathon Fire Station, this is related
to Hurricane Modeling and the eventual evaluation of the number of ROGO allocations we
receive from the state annually.
Ms. Hurley announced that there will be a Special Comprehensive Plan
Transmittal Hearing on February 13, 2012, in Marathon at 9:00 a.m. at the Government Center.
2012/16
Ms. Hurley addressed the Board concerning a letter from FEMA to Mayor David
Rice received January 1 lth, dated December 29, 2011, notifying the County of an extension of
the Pilot Inspection Procedure for downstairs enclosures to June 28, 2013.
The Board discussed peril insurance in the Bahamas through Lords of London.
Board discussed a letter on behalf of the EIS Committee. No official action was taken.
DIVISION OF GROWTH MANAGEMENT
Item J1 Rich Jones, Marine Resources Senior Administrator addressed the Board
concerning the policy regarding reimbursement funding to the municipalities from Boating
Improvement Funds (BIF) and possible future revisions to Resolution No. 371-2011 which
would establish additional criteria and procedures. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers granting approval of Staff
Recommendations for BIF Reimbursement Funding Policy, as listed on page 2, in the
memorandum to the Board of County Commissioners dated January 3, 2012. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator gave the Board two reports from FIRM.
Board discussed the content of the two reports. No official action was taken.
Item 05 The Board discussed an Agreement between Monroe County and Cardenas
Partners, LLC for the term of one (1) year for continued state/federal lobbying services beginning
February 6, 2012. Roman Gastesi, County Administrator addressed the Board. Motion was
made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval
and authorizing execution of the item, with a 10% increase instead of a 20% increase. Roll call
vote was unanimous.
Item 06 The Board discussed approval to advertise a Sustainability Program Manager
position to report directly under the County Administrator. Roman Gastesi, County
Administrator addressed the Board. Motion was made by Commissioner Murphy to hold off on
this until budget time. Motion died for a lack of a second. After further discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of
the item. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Rice
Yes
Motion carried.
2012/17
COUNTY ATTORNEY
Item P1 Suzanne Hutton, County Attorney announced that the Department of Justice did
review our County Commission redistricting process and sent us a letter of no objection and that
the redistricting is now in effect.
Ms. Hutton advised the Board of an employment liability issue, which came to
light this year, when an employee who is a county employee assigned to the Guardian Ad Litem
Program was fired and filed a Career Service Council appeal. The Board took no official action.
Ms. Hutton advised the Board that staff has been working on resolving a number
of procurement issues due to inconsistencies between the County Code, the Purchasing Policies
and Procedures and the Administrative Instructions. Ms. Hutton advised the Board that she will
bring a redraft of the Ordinance to next months meeting with a request to approve advertising a
Public Hearing for the Ordinance.
Ms. Hutton advised the Board that her office would like to re -address the
Ordinance that says there shall be no animals, except services animals, in County buildings and
to make exceptions for the transportation of animals at the airport. The Board gave their
approval.
Item P5 Bob Shillinger, Chief Assistant County Attorney addressed the Board concerning
direction to staff to commence the legislative process to adopt an Ordinance amending the
County's Land Development Code and flood plain management regulations to ensure that permits
issued for development within the flood plain are consistent with the Federal Endangered Species
Act and with a target date for a Public Hearing on adoption of the proposed Ordinance on April
18, 2012. Motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers approving the item. Roll call vote was unanimous.
Item P7 Board discussed a Resolution authorizing and consenting to the dual
representation by the County Attorney's Office and the Key West City Attorney's Office of both
Monroe County and the City of Key West in the matter of Sunset Marina Residences of Key West
Condominium Association, Inc. v. City of Key West, Monroe County, and the Florida Keys
Outreach Coalition, Case No. 2011-CA-911-K. Motion was made by Commissioner Wigington
and seconded by Commissioner Neugent to represent ourselves and to deny the Resolution. Roll
call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Rice
Yes
Motion carried.
2012/18
Item P8 Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent granting approval and authorizing execution of Higgs Beach Development Agreement
between Monroe County and the City of Key West. Roll call vote carried unanimously.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, Deputy Clerk