12/14/2011 Regular 2011/238
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 14, 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 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; County Staff, members
of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B1 Presentation of Years of Service Award for 10 years of service to Orlando
Merced, Fire Rescue Lieutenant.
Item B2 Presentation of Employee Service Award for the month of August, 2011 to Mike
Nalepa, Administrator / Inspector, Project Management Department
Item B3 Presentation of Employee Service Award for the month of September, 2011 to
Rey Ortiz, Planner, Planning and Environmental Resources Department
Item B4 Mayor's Proclamation declaring January 2012 as Child Sexual Abuse Awareness
Month, and highlighting January 14, 2012 as the beginning of "Lauren's Walk In My Shoes"
walk from Key West, Florida to Tallahassee, Florida to bring awareness to the issue of child
sexual abuse.
Item B5 Mayor's Proclamation recognizing Human Trafficking Awareness Day, January
11, 2012.
BULK APPROVALS
Item Cl Board granted approval to negotiate a Lease with Keyhopper Transportation, Inc.
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for office /counter rental space in the terminal at the Florida Keys Marathon Airport
Item C2 Board granted approval and authorized execution of Revocable Permit and Land
Use Agreement with Incorporated Research Institutions for Seismology (IRIS), for an
EarthScope Seismic Station at Florida Keys Marathon Airport.
Item C4 Board granted approval of a Workers' Compensation settlement in the amount of
$175,000.00, inclusive of attorney fees and costs for file #WCO22158351 -MP.
Item C5 Board granted approval and authorized execution of an Amendment extending the
Agreement between the Board of County Commissioners and GA Food Service, Inc. for a period
of 60 days.
Item C6 Board granted approval and authorized execution of Amendment 002 to the
Community Care for the Elderly (CCE) Contract KC -1171 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In -Home Services) for the period of 1 -1 -2012 to 6 -30 -2012.
Item C7 Board granted approval and authorized execution of Amendment 003 to the
Community Care for the Elderly (CCE) Contract KC -1171 between the Alliance for Aging, Inc.
(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services /In -Home Services) for the period of 1 -1 -2012 to 6 -30 -2012.
Item C8 Board granted approval and authorized execution of the Community Living
Program (CLP) Contract CLP —1229 between the Alliance for Aging, Inc. (Area Agency on
Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County
Commissioners (Social Services/In -Home Services) for fiscal period 1 -1 -2012 to 12 -31 -2012.
Item C9 Board granted approval and authorized execution of Amendment 001 to the Home
Care for the Elderly (HCE) Contract KH -1172 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In -Home Services) for the period of 1 -1 -2012 to 6 -30 -2012.
Item Cl0 Board granted approval and authorized execution of Amendment 002 to the Home
Care for the Elderly (HCE) Contract KH -1172 between the Alliance for Aging, Inc. (Area
Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services /In -Home Services) for the period of 1 -1 -2012 to 6 -30 -2012.
Item C11 Board granted approval and authorized execution of the Older Americans Act
(OAA) Contract AA -1229 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services/Nutrition and In -Home
Services programs) for fiscal year 1/1/12 to 12/31/12.
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Item C12 Board granted approval and authorized execution of Amendment 003 to extend
existing contract with Hospice of the Florida Keys, Inc. d/b /a Visiting Nurse Association to
provide direct care services (Chore, Homemaking, Personal Care, and Respite).
Item C13 Board granted approval of a request to apply for a Florida Department of
Transportation (FDOT) Section 5310 Capital Assistance Grant to cover the cost of replacing one
MCT para- transit bus.
Item C14 Board granted approval of a request approval to enter into a Lease Agreement
with Seashime II LLC for Trailer #3 (Raptor) at 2 N. Conch Avenue Conch Key, Florida for
housing firefighters assigned to Conch Key Fire Station #17 for 12 months at $950.00 per month
including utilities, and authority for Chief Callahan to execute all necessary documents, including
the Lease.
Item C15 Board granted approval of a Florida Division of Emergency Management (FDEM)
Award Letter for delivery of Exercise and Training in the amount of $20,000.00, no county
match required; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item C16 Board granted approval for the issuance of a Certificate of Public Convenience
and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.C.
d/b /a LifeNet for the operation of an ALS transport air ambulance service.
Item C17 Board granted approval of Purchase /Service Order # PSO FY 2012 -3 with Feher
Environmental Consulting, Inc. for RSA Wetlands Mitigation Monitoring (Fiscal Year 2012).
Item C18 Board granted approval of Task Order # 12/14 -01 with Jacobs Project
Management Company for DBE Support Services for DBE Implementation Plan.
Item C19 Board adopted the following Resolutions for the transfer of funds and resolutions
for the receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 417-2011
Said Resolution is incorporated herein by reference.
Amending Resolution No. 374 -2011 (OMB Schedule Item No. 2).
RESOLUTION NO. 418-2011
Said Resolution is incorporated herein by reference.
Amending Resolution No. 390 -2011 (OMB Schedule Item No. 3).
RESOLUTION NO. 419-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated (OMB Schedule Item No. 4).
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RESOLUTION NO. 420-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 421-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 422-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 423-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 424-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 425-2011
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 426-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 427-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 428-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 429-2011
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 430-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 431-2011
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB schedule Item No. 16).
RESOLUTION NO. 432-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 433-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 434-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 435-2011
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 436-2011
Said Resolution is incorporated herein by reference.
Item C22 Board adopted the following Resolution in support of adequate Homeland
Security funding and Tier I Department of Homeland security designation for the Miami -Fort
Lauderdale Urban Area Security Initiative (UASI).
RESOLUTION NO. 437-2011
Said Resolution is incorporated herein by reference.
Item C23 Board adopted the following Resolution removing previous appointment of
authorized agents of Animal Control Contractors.
RESOLUTION NO. 438-2011
Said Resolution is incorporated herein by reference.
Item C24 Board adopted the following Resolution authorizing agents of Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and
to issue citations for violations of the Monroe County Code including requiring appearance for
disposition in County Court.
RESOLUTION NO. 439-2011
Said Resolution is incorporated herein by reference.
Item C26 Board granted approval and authorized execution of a Lease Agreement
Amendment with the Florida Keys Outreach Coalition to reduce the space they currently occupy
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on the second floor of the Department of Juvenile Justice Building from 544 square feet to 148
square feet due to relocation of their administrative offices.
Item C27 Board granted approval and authorized execution of an Agreement with
Congresswoman Ileana Ros- Lehtinen for office space at the Murray E. Nelson Government and
Cultural Center in Key Largo, FL.
Item C28 Board granted approval and authorized execution of a Grant Agreement from the
Florida Department of Environmental Protection (DEP) for the Consolidated Small County Solid
Waste Management Grant funds in the amount of $70,588.
Item C30 Board granted approval to advertise a Request for Proposals (RFP) for Hurricane
Debris Monitoring and Disaster Related Services.
Item C31 Board granted approval and authorized execution of a First Amendment to a
previous Contract with William P. Horn Architect, P.A. for Professional Services regarding the
Stock Island Fire Station; this Amendment will extend the contract to allow the reuse his existing
design which was used for the Big Pine Key Fire Station and is an exemption to the competitive
selection process under F.S. 287.055(10).
Item C32 Board granted approval and authorized execution of a Sixth Amendment to
Contract with William P. Horn Architect, P.A. for a no cost time extension of six months.
Item C33 Board granted approval for the receipt of monthly report on change orders
reviewed by the County Administrator's Office.
Item C34 Board granted approval of a Financial Policy, as required by the Governmental
Accounting Standards Board (GASB) Statement 54, effective beginning with the Fiscal Year
Ending 2011.
Item C35 Board granted approval to increase the number of meals that will be reimbursed
by up to 6,090 units. The total reimbursement for theses meals will depend on an adjustment to
the existing rate of $.68 per meal and will be determined by the FL Department of Elder Affairs.
The adjusted final rate may also apply to eligible meals that have already been reimbursed to
Monroe County at the existing $.68 per meal rate.
Item C37 Board granted approval of a Task Order with Metric Engineering, Inc., for an
Engineering Study and Construction Cost Estimate Development for the ramp to Pigeon Key.
The Task Order is being awarded under the On Call Professional Engineering Services Contract
with Metric Engineering, Inc.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Amendment to Agreement
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with The Redbone, Inc. covering the Redbone at Large La Siesta Sunrise /Sunset Tarpon
tournament to the Redbone at Large Sunrise /Sunset Tarpon Tourney.
Item D2 Board granted approval to exercise option to extend the Agreement with
AT &T for two (2) additional years to provide long distance telephone services to the Tourist
Development Council and approval for TDC staff to execute all necessary documents.
Item D3 Board granted approval to revise the Monroe County Tourist Development
District Advisory Committee Definitions for Lodging and Tourist related representatives.
GROWTH MANAGEMENT
Item J6 Board granted approval of the proof of publication of the minutes concerning
Resolution Number 366 -2011 approved at the October 19, 2011 Board of County Commission
Meeting amending the boundaries of the five (5) County Commission Districts as required by
Article VIII, Sectionl.(e) of the Florida Constitution according to Florida Statutes Chapter 124.
Item J9 Board adopted the following Resolution amending Exhibit 1 to Resolution
152 -2003 — "Revised Implementation Plan for the Flood Insurance Inspection and Compliance
Program" to eliminate the Inspection Upon Building Permit Program and replace it with a
Certificate of Compliance Program, with corresponding Non - Conversion Agreement, and
approving a 2011 Implementation Plan.
RESOLUTION NO. 440-2011
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item 04 Board approved Commissioner Neugent's appointment of Susan Bishop Miller to
the Library Advisory Board with term expiring December 13, 2015.
COUNTY CLERK
Item P2 Board granted official approval of the Board of County Commissioners minutes
from the Regular Meeting of October 19, 2011 (previously distributed).
Item P3 Board granted approval of the following Warrants: (106563 - 106591 and 568842
- 569615) General Fund (001), in the amount of $1,590,199.62; Fine & Forfeiture Fund (101),
in the amount of $3,148,234.84; Road and Bridge Fund (102), in the amount of $31,978.90;
TDC District Two Penny (115), in the amount of $209,776.44; TDC Admin. & Promo 2 Cent
(116), in the amount of $149,247.40; TDC District 1,3 Cent (117), in the amount of
$223,989.58; District 2,3 Cent (118), in the amount of $17,676.25; TDC District 3,3 Cent
(119), in the amount of $101,375.68; TDC District 4,3 Cent (120), in the amount of $41,353.77;
TDC District 5,3 Cent (121), in the amount of $21,000.66; Gov. Fund Type Grants (125), in
the amount of $372,667.47; Fire & Amb District 1 L &M Keys (141), in the amount of
$145,613.40; Upper Keys Health Care (144), in the amount of $694.81; Uninc Svc Dist Parks
& Rec (147), in the amount of $55,646.56; Plan, Build, Zoning (148), in the amount of
* Revision 2011/244a
MONROE COUNTY SHERIFF
Item MI Board granted approval of the following requests for expenditures from the Law
Enforcement Trust Fund:
$3,500 Monroe County Sheriff's Office: To help the MCSO Animal Farm
with items that are needed to continue "Easter on the Farm" and "Christmas on the Farm" for
year 2012.
$1,000 Key West High School
$1,000 Marathon High School
$1,000 Coral Shores High School - These funds will be used to provide a
safe, drug and alcohol free celebration to recognize the achievements of our graduating seniors.
TOTAL: $6,500.00
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102,704.91; Municipal Policing (149), in the amount of $376,981.23; 911 Enhancement Fee
(150), in the amount of $535.02; Duck Key Security (152), in the amount of $3,968.00; Boating
Improvement Fund (157), in the amount of $7,024.72; Misc. Special Revenue Fund (158), in
the amount of $110,673.41; Environmental Restoration (160), in the amount of $323.06;
Cudjoe - Sugarloaf MSTU (172), in the amount of $279.98; Building Fund, (180), in the
amount of $7,965.21; 1 Cent Infra Surtax (304) in the amount of $71,916.25; Infr Sls Srtx
Rev Bds2007 (308), in the amount of $1,177.29; Card Sound Bridge (401), in the amount of
$6,273.19; Marathon Airport (403), in the amount of $27,275.08; Key West Intl. Airport
(404), in the amount of $450,668.31; KW AIP Series 2006 Bonds (405), in the amount of
$2,172.59; MSD Solid Waste (414), in the amount of $600,838.67; Worker's Compensation
(501), in the amount of $229,966.76; Group Insurance Fund (502), in the amount of
$162,992.64; Risk Management Fund (503), in the amount of $44,809.75; Fleet Management
Fund (504), in the amount of $98,759.99; Fire &EMS LOSAP Trust Fund (610), in the amount
of $2,055.00.
Item P4 Board granted approval of Tourist Development Council Expenditures for the
month of November, 2011: Advertising, in the amount of $327,353.63; Bricks &
Mortar/Interlocal Projects, in the amount of $89,212.02; Visitor Information Services, in the
amount of $79,304.37; Events, in the amount of $57,321.01; Office Supplies & Oper Costs, in
the amount of $12,005.23; Public Relations, in the amount of $114,173.79; Sales & Marketing,
in the amount of $38,083.34; Telephone & Utilities, in the amount of $23,042.71; Travel, in the
amount of $11,956.17.
Item P5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
Item P6 Board granted approval to dispose of documents pursuant to the State of Florida
General Records Schedule GS1 -SL.
COUNTY ADMINISTRATOR
Item Q2 Board granted approval and authorized execution of Amendment No. 1 to the
Agreement with Green Earth Environmental Foundation, Inc., under Grant Agreement ARS010
for a retroactive 30 day no cost time extension.
Item Q3 Board granted approval and authorized execution of Amendment No. 1 to the
Contract with BBQ Bob's, LLC. For additional catering services related to the Climate
Leadership Summit being hosted December 8 -9, 2011 by the County. The Summit is funded
entirely by donations.
Item Q4 Board ratified the Contract executed by the County Administrator with Reel Ting
Band for music related to the Climate Leadership Summit hosted December 8 -9, 2011 by the
County. The Summit is funded entirely by donations.
Item Q5 Board ratified the Contract executed by the County Administrator with Gemini
Printing, Inc. for printing of the programs for the Climate Leadership Summit hosted December
8 -9, 2011 by the County. The Summit is funded entirely by donations.
2011/246
Item Q6 Board ratified Amendment No. 1 executed by the County Administrator with
Florida Keys Party Rentals for additional rental supplies related to the Climate Leadership
Summit hosted December 8 -9, 2011 by the County. The Summit is funded entirely by donations.
Item Q7 Board granted approval to reschedule the January 18, 2012 BOCC Meeting being
held in Key West to Thursday, January 19, 2012.
COUNTY ATTORNEY
Item R2 Board granted approval and authorized execution of an Amendment and Extension
of the Employment Agreement with County Administrator Roman Gastesi extending the contract
to May 11, 2016 and changing the current annual compensation from $181,440 to $185,040.
Item R3 Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 18 -64 of the Monroe County Code to amend the funding source for the Board of Parks
and Recreation.
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,
Mayor David P. Rice, Councilman Clark Snow, and Councilwoman Claryn Katie Scott.
Item G2 Motion was made by Councilman Snow and seconded by Mayor Rice granting
approval to issue a Purchase Order to Physio - Control, Inc., the sole source provider of the
LIFEPAK family of products, in the amount of $25,363.15 to purchase a scheduled replacement
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 Mayor Rice and seconded by Councilwoman Scott granting
approval of the request to enter into a Lease Agreement with Zane Grey Development Co. for
Unit #10 at 68250 Overseas Highway, Layton, Florida for housing firefighters assigned to Layton
Fire Station #18 for $2,300.00 per month including utilities, and authorization for Chief Callahan
to execute all necessary documents. Motion carried unanimously.
The Board of County Commissioners meeting reconvened with all commissioners
present.
2011/247
MISCELLANEOUS BULK APPROVALS
Item C3 The Board discussed an addition to the Monroe County Personnel Policies and
Procedure Manual in order to establish policy of an Employee Suggestion Program in addition to
appropriating $10,000 in order to award employees for implemented suggestions. Teresa Aguiar,
Division Director - Employee Services; Suzanne Hutton, County Attorney and Roman Gastesi,
County Administrator discussed the matter. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item.
Motion carried unanimously.
Item C20 The Board discussed submittal of a grant application to FHWA's Fiscal Year
2012 Transportation Community and System Preservation Program for a feasibility study to
explore the viability of obtaining tolling authority on US 1, forecast potential revenues and
operational costs, and evaluate the possibility of utilizing a portion of the revenues for
wastewater /re- use /stormwater projects. Suzanne Hutton, County Attorney and Lisa Tennyson,
Grants Administrator discussed the matter. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Wigington to deny the item. Roll call vote was taken
with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Wigington Yes
Mayor Rice No
Motion failed. Motion was then made by Commissioner Carruthers and seconded by
Commissioner Neugent to approve the item. 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.
Item C21 Mayor Rice announced that due to a conflict of interest he would recuse himself
from voting on the item. Motion was made by Commissioner Neugent and seconded by
Commissioner Murphy granting approval of Amendment to Contract with the Guidance Care
Center, replacing Attachment D, which concerns subcontracted Baker/Marchman Act
transportation. Motion carried unanimously, with Mayor Rice abstaining.
. REViSiON 2011/248
Item C29 The Board discussed the approval to accept maintenance responsibilities for a
mid -block pedestrian crossing that will be located at approximately mile marker 100 in Key
Largo. Judith S. Clarke, Director of Engineering Services and Suzanne Hutton, County Attorney
discussed the item. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Neugent granting approval Motion carried unanimously.
Item C36 The Board discussed the approval of Modification #004 to the Weatherization
Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA
WAP) Contract # 1OWX- 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 to decrease allocation to $536,419.19. Sheryl Graham, Social Services
Director discussed the item. After discussion, motion was made by Commissioner Carruthers
and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
SOUNDING BOARD
Item L1 John Dick, Monroe County School Board Chairman addressed the Board in
regards to the referendum on the January 31, 2012 Presidential Preference Primary Election
Ballot concerning whether the School Board of Monroe County should be authorized to continue
to levy a .5 mill ad valorem tax for an additional four (4) years beginning July 1, 2012.
STAFF REPORTS
Item E6 Growth Management - Christine Hurley, Division Director requested the Board
establish two (2) hearing dates: February 13, 2012 in Marathon at 9:00 A.M., for the County's
Comprehensive Plan Transmittal and March 19, 2012 in Marathon at 9:00 A.M., for the review
of Monroe County's Evaluation and Appraisal Report (EAR). Ms. Hurley discussed a letter
dated November 7, 2011 from the United States Department of the Interior Bureau of Land
Management concerning Wisteria Island. Susan Grimsley, Assistant County Attorney discussed
her e-mail dated December 12, 2011 concerning Comprehensive Plan Amendments for Wisteria
Island.
Item El Airports - Peter Horton, Director reported on the following matters: The Key
West International Airport became a Point of Entry for Cuba; Two (2) runway excursions
recently occurred at the airport - Runway Safety Area/EMAS; Passenger figures exceeded an all
time high as of the close of business on December 3, 2011; Status of the payment for the airport
bonds; and the Noise Ad hoc Committee for the airport obtained a grant which will result to do a
part 150 study which could result in 200 units at Key West By the Sea being noise insulated.
GROWTH MANAGEMENT
Item J3 Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy approving an Interlocal Agreement (ILA) with the City of Marathon (City) reimbursing
the City in the amount of $41,342.08 from County Boating Improvement Funds for costs
previously incurred for mooring inspections, installation of an Aid to Navigation, and required
2011/249
water quality testing in association with the City mooring field during the past fiscal year.
Motion carried unanimously.
Item J2 Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to rescind the approval of funding in the amount of $50,000 from Boating Improvement
Funds (BIF) to the City of Marathon (City) for reimbursement for mooring replacements at the
City mooring field. Motion carried unanimously. During discussion, motion was made by
Commissioner Neugent and seconded by Mayor Rice to reconsider the item. Roll call vote was
unanimous. George Garrett, Planning Director with the City of Marathon; Christine Hurley,
Growth Management Director; and Suzanne Hutton, County Attorney discussed the item.
Motion was made by Commissioner Neugent to approve the $50,000 request from the City of
Marathon from Boating Improvement Funds. During discussion, the motion was withdrawn.
After further discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy to deny the request, with the stipulation that the $50,000 be reimbursable
money and limited to Fiscal Year 2012. Roll call vote was unanimous.
Item J1 Motion was made by Commissioner Murphy and seconded by Commissioner
Wigington to approve a Resolution of the Monroe County Board of County Commissioners
revising existing policy for the use of Boating Improvement Funds (BIF), making reimbursement
for the maintenance of revenue producing municipal infrastructure, such as public mooring
fields, an ineligible use of BIF. Christine Hurley, Growth Management Director discussed the
item. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Wigington No
Mayor Rice No
Motion failed. The Board directed Staff to bring back the appropriate wording when an entity
requests funding from Boating Improvement Funds.
Item K1 The Board discussed the request 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 ). Christine Hurley, Growth Management Director discussed the item. The following
individual addressed the Board: Tom Fletcher, representing Paradise Property. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting
approval of the request with direction to Staff to bring back the item in the form of a resolution in
January for consideration. Roll call vote was unanimous.
Item K2 The Board discussed the request by Richard Beal to reserve up to
0.1392HIMPACT 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
2011/250
Marine) for a period not to exceed four (4) months. Motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers approving the request. Roll call vote was unanimous.
STAFF REPORTS
E7 Public Works & Engineering - Kevin G. Wilson, P.E.- Division Director,
discussed status of the following matters: Pending birth of Dent Pierce's first grandchild; Began
engaging into discussions about sustainability and solid waste along with Commissioner
Neugent; Energy retrofitting contract for Jackson Square in Key West; Discussed status of repairs
- Pigeon Key Ramp, Tom's Harbor Channel Bridge and No Name Key Bridge; Discussed status
of the Stock Island Fire Station's design contract; ADA RFP's pre - proposal conference; and paid
recognition to the Monroe County Housing Authority for use of Mike Nalepa's identification of
Community Development Block Grant for ADA projects.
GROWTH MANAGEMENT
Item J4 The Board discussed an Agreement between Monroe County and the Property
Appraiser of Monroe County (Appraiser), for the Appraiser to house a new software query tool
on his system that will enable the Appraiser to extract parcel data specifically indicating living
area on the ground floor of each Monroe County parcel and export this information to the
Growth Management Division for use with the FEMA Floodplain Program. Christine Hurley,
Growth Management Director discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Wigington granting approval of the
item. Motion carried unanimously.
Item J5 The Board discussed a Contract with ACS Government Systems, Inc., to design a
new software query tool for the Monroe County Property Appraiser (Appraiser) office that will
enable the Appraiser to extract parcel data specifically indicating living area on the ground floor
of each Monroe County parcel and export this information to the Growth Management Division
for use with the FEMA Floodplain Program, waiving purchasing policy requiring written quotes
or bids, allowing a sole source purchase as this company is already providing services to the
Appraiser's office, services will be done remotely /no travel required. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Murphy granting
approval of the item. Motion carried unanimously.
Item J7 The Board discussed a waiver of building permit fees in the amount of $5,100.80
for roof repairs for 31 affordable housing units at Newport Village in Key Largo owned by the
Monroe County Housing Authority. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Murphy 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 No
2011/251
Mayor Rice Yes
Motion carried.
Item J8 The Board discussed a refund of building permit fees to BH/NV Hawk's Cay
Property Holdings, LLC for remodeling project permit #07 -02 -3674 issued on 9/19/2007. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Wigington granting approval of the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Item 01 Mayor Rice announced that due to a conflict of interest he would recuse himself
from voting on the item. The Board discussed Mayor Rice's item concerning adoption of a
Resolution supporting the continuation of coordinated Medicaid transportation services as they
are currently being provided in Monroe County, Florida and discouraging implementation of
Medical Reform legislation which would merge these services into HMO's that currently provide
no medical services in the Keys. After discussion, motion was made b Commissioner Murphy
and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously, with Mayor Rice abstaining.
RESOLUTION NO. 440a-2011
Said Resolution is incorporated herein by reference.
Items C25 & H1 The Board discussed the approval of an Artist Loan Agreement for the
loan of a sculpture by Mr. Dennis Beebe and display of said sculpture at Higgs Beach for a
period of one year; and direction for, development of a policy and procedures for acceptance of
unsolicited gifts or loans of public art outside of the Art in Public Places program or rotating art
in public building program operated by the Florida Keys Council of the Arts; and Kevin G.
Wilson, P.E.- Division Director - Public Works & Engineering and Suzanne Hutton, County
Attorney discussed the matter. The following individual addressed the Board: Dennis Beebe,
representing Solaria Design. After 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 No
Mayor Rice Yes
Motion carried. Item H1 was referred to Staff for development of Policy and Procedures
regarding the written item.
2011/252
MISCELLANEOUS
Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering
announced the birth of Dent Pierce's 1st grandson - Carter M. Croons, weighing 6 lbs. & 8 oz.
CLOSED SESSION
Item I1 Land Authority - Suzanne Hutton, County Attorney read into the record the
required language. An Attorney - Client Closed Session of the Land Authority Governing Board
was held 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.
Item I2 County Attorney - Suzanne Hutton, County Attorney read into the record the
required language. An Attorney - Client Closed Session of the Board of County Commissioners
was held in the matter of Florida Key Deer v. Craig Fugate, et al., 90- 10037 -CIV.
PUBLIC HEARINGS
Item S1 A Public Hearing was held to consider adoption of an Ordinance amending
Chapter 6, Section 6 -27 and Chapter 8, Section 8 -37 of the Monroe County Code; Clarifying the
definition of unsafe buildings, the definition of physical criteria of unsafe buildings; Providing
for notice to owners by the Building Official when a building, structure or system is deemed
unsafe and amending the four year bar to prosecution to include an exemption for unsafe
buildings, structures or systems; Providing for severability; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances; and Providing for transmittal and an effective date. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt
the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 022 -2011
Said Ordinance is incorporated herein by reference.
Item S2 A Public Hearing was held to consider adoption of a Resolution to transmit to the
State Land Planning Agency an Ordinance addressing the compatibility of Lands adjacent to or
closely proximate to Military Installations in the Future Land Use Element in the 2010 Monroe
County Comprehensive Plan by creating Goal 108, Objective 108.1, Policy 108.1.1, Policy
108.1.2, Policy 108.1.3, Policy 108.1.4, Policy 108.1.5, Policy 108.1.6, Policy 108.1.7, Objective
108.2, Policy 108.2.1, Policy 108.2.2, Policy 108.2.3, Policy 108.2.4, Policy 108.2.5, Policy
108.2.6, Policy 108.2.7, and Policy 108.2.8 as required by Sections 163.3177 and 163.3175,
Florida Statutes, to create military compatibility criteria. Christine Hurley, Growth Management
Director discussed the matter. The Board accepted public input with the following individuals
addressing the Board: Ron Demes, representing NAS - Key West; Sloan Bashinsky, Don Riggs,
representing M -10; D. Simpson, Danny Toppino, representing Toppino & Sons; Greg Oropeza,
representing various Stock Island property owners; Donna Bosold, Gabe Deventy, Kim Villone,
and Owen Trepaner. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Wigington to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 441-2011
2011/253
Said Resolution is incorporated herein by reference.
Item S3 A Public Hearing was held to consider adoption of a Resolution transmitting to
the State Land Planning Agency an Ordinance creating an overlay to the Future Land Plan Use
Map Series to establish the Military Installation Area of Impact pursuant to Policy 108.2.1 of the
2010 Monroe County Comprehensive Plan. Christine Hurley, Growth Management Director
discussed the matter. The Board accepted public input with the following individuals addressing
the Board: Don Riggs, representing M -10; Greg Oropeza, representing various Stock Island
property owners; Donna Bosold, Danny Toppino, representing Toppino & Sons; and Kim
Villone. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 442-2011
Said Resolution is incorporated herein by reference.
Item S4 A Public Hearing was held concerning adoption of an Ordinance to amend Goal
107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan, refining the
definition and application of Sub Area designations which limit the density and intensity allowed
within a Future Land Use Map category. There was no public input. Motion was made by
Commissioner and seconded by Commissioner Wigington to adopt the following Ordinance.
Roll call vote was unanimous.
ORDINANCE NO. 023 -2011
Said Ordinance is incorporated herein by reference.
Item S5 A Public Hearing was held concerning adoption of an Ordinance to amend Policy
101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the
moratorium of new transient residential units to be consistent with the deadline to transmit and
adopt comprehensive plan evaluation and appraisal based amendments. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington
to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 024 -2011
Said Ordinance is incorporated herein by reference.
Item S6 A Public Hearing was held to consider adoption of an Ordinance to amend
Section 138 -23 of the Monroe County Code: The ordinance would extend the
sunset date for the moratorium on new transient units from December 31, 2011 to May 1, 2014.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 025 -2011
Said Ordinance is incorporated herein by reference.
Item S7 A Public Hearing was held to consider adoption of a Resolution renewing the
intent to use the uniform method to collect non -ad valorem special assessments toward the cost
2011/253
Said Resolution is incorporated herein by reference.
Item S3 A Public Hearing was held to consider adoption of a Resolution transmitting to
the State Land Planning Agency an Ordinance creating an overlay to the Future Land Plan Use
Map Series to establish the Military Installation Area of Impact pursuant to Policy 108.2.1 of the
2010 Monroe County Comprehensive Plan. Christine Hurley, Growth Management Director
discussed the matter. The Board accepted public input with the following individuals addressing
the Board: Don Riggs, representing M -10; Greg Oropeza, representing various Stock Island
property owners; Donna Bosold, Danny Toppino, representing Toppino & Sons; and Kim
Villone. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 442-2011
Said Resolution is incorporated herein by reference.
Item S4 A Public Hearing was held concerning adoption of an Ordinance to amend Goal
107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan, refining the
definition and application of Sub Area designations which limit the density and intensity allowed
within a Future Land Use Map category. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 023 -2011
Said Ordinance is incorporated herein by reference.
Item S5 A Public Hearing was held concerning adoption of an Ordinance to amend Policy
101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the
moratorium of new transient residential units to be consistent with the deadline to transmit and
adopt comprehensive plan evaluation and appraisal based amendments. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington
to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 024-2011
Said Ordinance is incorporated herein by reference.
Item S6 A Public Hearing was held to consider adoption of an Ordinance to amend
Section 138 -23 of the Monroe County Code: The ordinance would extend the
sunset date for the moratorium on new transient units from December 31, 2011 to May 1, 2014.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Wigington to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 025 -2011
Said Ordinance is incorporated herein by reference.
2011/254
of providing wastewater utility services to properties in Key Haven, Lower Sugarloaf through
Big Pine Key, No Name Key, Long Key, and 3 parcels on Boca Chica. The resolution
protects the option for levying the assessment in 2012 should the other sources of funds become
available. Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 440b-2011
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item 03 The Board discussed Commissioner Carruthers' item regarding bus transportation
in the Upper Keys, the possibility of a needs study and possible funding sources. Judith S.
Clarke, Director of Engineering Services discussed the matter. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Neugent to appoint
Commissioner Carruthers to the Monroe County Local Coordinating Board for the
Transportation Disadvantaged replacing Commissioner Neugent. Motion carried unanimously.
Item 02 The Board discussed Commissioner Carruthers' item on State Senate's initial
proposals for redrawing congressional and state legislative district boundaries, potential impacts
on Monroe County's representation, and whether or not to provide formal input. Roman Gastesi,
County Administrator and Bob Shillinger, Chief Assistant County Attorney discussed the item.
The County Administrator indicated he would speak with the County's lobbyists regarding the
item and report to each commissioner.
Item 05 The Board discussed Commissioner Neugent's item regarding if the Florida Keys
Aqueduct Authority Board of Directors should remain (be) appointed by the Office of the
Governor or become an elected body by the voters of Monroe County by going to referendum.
Bob Shillinger, Chief Assistant County Attorney discussed the item. Staff was requested to
re- agenda the item at the Board's meeting of January, 2012.
COUNTY ADMINISTRATOR
Item Q1 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for November, 2011, dated November 30, 2011. Mr. Gastesi
discussed a letter received from the Department of Economic Opportunity (DEO) concerning the
Cudjoe Regional Wastewater System. Mr. Gastesi and the Board thanked Staff for their
assistance at the Climate Leadership Summit hosted by the County on December 8th and 9th.
Mr. Gastesi thanked the Board for approving his employment contract extension and provided
the Board with written BOCC Initiatives for 2012.
COUNTY ATTORNEY
Item Rl Bob Shillinger, Chief Assistant County Attorney requested that a Closed Session
be held concerning the Sunset Marina litigation. Motion was made by Commissioner Murphy
and seconded by Commissioner Wigington to hold a Closed Session on January 19, 2012 at 2:00
P.M., in Key West. Motion carried unanimously.
2011/255
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
.maa.U-P C
Isabel C. DeSantis, Deputy Clerk