03/21/2012 Regular 2012/64
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 21, 2012
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 Neugent and seconded by Commissioner
Carruthers 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 Pat Kennedy, Sr. Technician Maintenance, Facilities Maintenance, Public Works/Engineering
Division.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval of the following items by unanimous consent:
Item Cl Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Funds:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 082-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 083-2012
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 084-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 085-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated(OMB Schedule Item No. 5).
RESOLUTION NO. 086-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated (OMB Schedule Item No. 6).
RESOLUTION NO. 087-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 088-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 089-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 090-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 091-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 092-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 093-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 094-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
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RESOLUTION NO. 095-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 096-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 097-2012
Said Resolution is incorporated herein by reference.
Amending Resolution Number 345-2011 (OMB Schedule Item No. 1.7).
RESOLUTION NO. 098-2012
Said Resolution is incorporated herein by reference.
Item C2 Board granted approval of the Fiscal Year 2013 Budget Timetable. (Said
document in incorporated herein by reference.)
Item C3 Board granted approval of Gallagher Benefit Services, Inc. (GBS) Insight User
Agreement Addendum.
Item C4 Board granted approval to purchase 50 Lenovo personal desktop computers with
60 flat screen monitors and 5 all-in-one workstations per quotation#S7201376 from PC Mall
Gov, Inc.
Item C5 Board granted approval to purchase of Equalogic storage hardware and software
from Dell, Inc. as shown on quote#614369135 for the Marathon Government Center and on
quote#614368772 for our new Miami AT & T Internet Data Center to replace the obsolete
storage area networks in both Key West and Marathon.
Item C6 Board granted approval of the Revised Supply List made part of the food service
contract between GA Food Service, Inc. and the Board of County Commissioners. The company
has revised their Supply List effective 3/1/2012 to provide reductions in the pricing of two supply
items.
Item C7 Board granted approval of and authorized execution of Amendment 004 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), effective 3-1-2012.
Item C8 Board granted approval and authorized execution of Amendment 001 to 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/In-Home Services) for fiscal year 1/1/2012 to 12/31/2012.
2012/67
Item C9 Board granted approval and authorized execution of Amendment Number 1 to the
Contract with J.A. LaRocco Enterprises, Inc. to incorporate new specifications established by the
Florida Keys Aqueduct Authority(FKAA).
Item C10 Board granted approval of the issuance of a Class A Certificate of Public
Convenience and Necessity(COPCN) to Monroe County Fire Rescue for the operation of an
ALS transport ambulance service.
Item C11 Board granted approval of the issuance of a Certificate of Public Convenience and
Necessity (COPCN) to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response
for the operation of an ALS transport ambulance service.
Item C12 Board granted approval and authorized execution of an Agreement between the
University of Miami on behalf of its Tissue Bank, the District 16 Medical Examiner's Office and
the Monroe County Board of County Commissioners regarding use of the Medical Examiner's
Facility for cadaveric donor tissue procurement Operations.
Item C13 Board granted approval and authorized execution of a Fourth Extension of Time
to Lease Amendment with Coast FBO, LLC, Fixed Base Operator(FBO), at Florida Keys
Marathon Airport.
Item C14 Board granted approval and authorized execution of an Agreement with
Keyhopper Transportation, Inc. for a month-to-month lease of counter and office space in the
passenger terminal building at the Florida Keys Marathon Airport.
Item C15 Board granted approval and authorized execution of an Agreement with ADF
Charter Corporation d/b/a AirStar for a month-to-month lease of counter, office space and
covered areas and storage at the passenger terminal building at the Florida Keys Marathon
Airport.
Item C16 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. 099-2012
Said Resolution is incorporated herein by reference.
Item C17 Board granted approval to transfer title of County vehicle number 2600/991
(serial number 1FMRE11243HA79785) to the Islamorada Firefighters Benevolent Association.
Item C18 Board granted approval to terminate the current bio-diesel contract with Dion
Oil Company, and approval to advertise for bids for delivery of B5 through B20 bio-diesel fuel
as requested by the County.
2012/68
Item C19 Board granted approval to amend and renew contract with Best Janitorial &
Supplies, Inc. for janitorial services at the Big Pine Key Library.
Item C20 Board granted approval to amend and renew contract with Best Janitorial &
Supplies, Inc. for janitorial services at the George Dolezal Marathon Library.
Item C21 Board granted approval and authorized execution to amend and renew contract
with Best Janitorial & Supplies, Inc. for janitorial services at the Islamorada Library.
Item C22 Board granted approval to amend and renew contract with Best Janitorial &
Supplies, Inc. for janitorial services at the Key Largo Library.
Item C23 Board granted approval to amend and renew contract with Diversified Services
of Key West, Inc. for janitorial services at the May Hill Russell Library and Department of
Juvenile Justice Building, second floor.
Item C24 Board granted approval to enter into a one-year's residential lease agreement with
a Sheriff's Deputy for Location B to commence April 1, 2012 and terminate March 31, 2013.
Item C26 Board granted approval and authorized execution of a Contract with ADT
Security Services, Inc. for the Duck Key Security System Installation and Maintenance project.
Item C27 Board granted approval and authorized execution of Local Agency Program
(LAP)Agreement with Florida Department of Transportation(FDOT) for funding for design of
repairs to Card Sound Bridge (#904990).
Item C29 Board granted approval to negotiate a Contract for Hurricane Debris Monitoring
and Disaster Related Services with the respondent who will be selected by lot in accordance with
the Monroe County Purchasing Policy when the ranking process results in a tie between two
respondents.
Item C30 Board granted approval and authorized execution of Amendment One to the
existing contract with Kisinger Campo &Associates Corp. (KCA) for Engineering Design and
Permitting Services for the No Name Key Bridge Repairs Project to include an Asbestos Survey
and Load Rating Analysis.
Item C32 Board granted approval of the receipt of monthly report on Change Orders
reviewed by the County Administrator's office. C33. Approval to execute Amendment 1 to the
Big Coppitt Florida Department of Environmental Protection(FDEP) Clean Water State
Revolving Fund (SRF) Loan Agreement WW602091.
Item C34 Board ratified the sample task order of the CDM Smith General Consulting
Master Services Agreement for professional services at the Key West International and Florida
Keys Marathon airports.
2012/69
Item C35 Board granted approval of a Change Order/Amendment to the original agreement
with ESCO (Engineered Arresting Systems Corporation) for repairs on the EMAS (Engineered
Materials Arresting Systems)bed located on the eastern end of Runway 09-27 at the Key West
International Airport, authorizing for additional damage that was discovered when emergency
repairs were started.
Item C36 Board ratified 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 C37 Board granted approval to negotiate a lease option between Monroe County and
The Marathon Landing and Flying Club, Inc. for vacant ground to construct an aircraft hangar at
The Florida Keys Marathon Airport.
Item C38 Board granted approval and authorized execution of Pro-Rata Litigation Fee
Agreements with Lexington Insurance Company in Lexington Claim number 683-440396-SUB-1
and Lexington Claim number 683-431360-SUB-1.
Item C39 Board granted approval and authorized execution of Design Services Agreement
with MBI/K2M for Customs Terminal Security Enhancements—Key West International
Airport Phase II and III.
Item C41 Board granted approval and authorized execution of a construction contract with
American Bridge Company in the amount of$1,830,000 for the Tom's Harbor Channel Bridge
Repair Project.
Item C42 Board granted approval to waive purchasing policies and issue a purchase order
for emergency repairs to the Freeman Justice Center security equipment.
TOURIST DEVELOPMENT COUNCIL
Item D4 Board granted approval and authorized execution of an Agreement with the
Matecumbe Historical Trust Corporation in an amount not to exceed $378,297 for the Irving R.
Eyster Museum of Florida Keys History, DAC IV, FY 2012 Capital Resources.
EMPLOYEE SERVICES
I1 Board granted approval to allow employees and elected officials to opt out of the
medical and prescription benefits program during a special open enrollment period with the
changes to become effective May 1, 2012.
I2 Board granted approval to allow Retirees to pay a premium and retain life
insurance at a premium of$11.00 a month if choosing to opt out of the medical and prescription
program as of May 1, 2012.
2012/70
I3 Board granted approval to charge a premium of$50.00 per month for employees
and elected officials who are hired on or after May 1, 2012 into a position that makes him/her
newly eligible for health insurance (25+hpw), if choosing to enroll in the County's self-insurance
medical and prescription program.
DIVISION OF GROWTH MANAGEMENT
J1 Board granted approval and authorized execution of Amendment Number One to
Contract between Monroe County and ACS Government Systems, Inc. to design a new software
query tool for the Monroe County Property Appraiser to provide information about ground floor
living area to the Growth Management Division for use with the FEMA Floodplain Program, by
amending the timeline on Exhibit A.
J2 Board granted approval to re-appoint Charles E. Miller(as a Second Alternate) to
one (1) additional three (3) year term to the Contractors' Examining Board (CEB)beginning
March 2012.
J4 Board granted approval and authorized execution of Second Amendment to
Occupancy Agreement and Ground Lease with Habitat for Humanity of the Upper Keys for
property on First Avenue in Key Largo, reducing the number of units from fourteen(14) to seven
(7)with completion June 1, 2018.
J5 Board granted approval and authorized execution of Agreement for Expert
Witness Services with Joseph Paskalik, due to the specific knowledge he possesses,which the
County may need in connection with litigation or claims to which the County is a Party.
J6 Board granted approval to advertise a public hearing to consider adoption of an
Ordinance amending Chapter 6 of the Monroe County Code by eliminating Sec. 6-107 Unlawful
Uses and Improvements; eliminating inspection when a building permit is requested as required
by Chapter 2011-82 Laws of Florida.
J7 Board granted approval of the request by the Pigeon Key Preservation Foundation
Inc. to apply for a Certificate of Appropriateness to the Historic Preservation Commission(HPC)
for construction of a solar array; with future consideration by the Board of County
Commissioners pending, as the HPC is advisory to the Board.
MONROE COUNTY SHERIFF'S DEPARTMENT
L1 Board granted approval to submit DCF Criminal Justice Mental Health and
Substance Abuse Reinvestment Grant/Application for Advance Funding
for the "Second Year".
COMMISSIONERS' ITEMS
M1 Board granted approval of Mayor Rice's item for the appointment of Morgan P.
Hill to the Affordable Housing Advisory Committee.
2012/71
M2 Board granted approval of Mayor Rice's item for the appointment of Ed Swift to
the Affordable Housing Advisory Committee.
M3 Board granted approval of Mayor Rice's item for the appointment of William
Wiatt to fulfill the Mayoral appointment to the Affordable Housing Advisory Committee.
M4 Board granted approval of Mayor Rice's item for the appointment of Robert
Glazer to the Climate Change Advisory Committee for a one year term.
M5 Board granted approval of Mayor Rice's reappointment of Donna Flammang to
the Duck Key Security District Advisory Board.
M6 Board granted approval of Mayor Rice's reappointment of Billy Wagner to the
Duck Key Security District Advisory Board.
M7 Board granted approval of Commissioner Wigington's item for the appointment
of Heather Roberts to the Affordable Housing Advisory Committee by the BOCC replacing Mary
Rice who resigned.
M9 Board granted approval of Commissioner Murphy's item to adopt a resolution of
the Board of County Commissioners of Monroe County, Florida in support of the effort by the
Florida Fish and Wildlife Conservation Commission to create a slow speed boating safety zone at
Jewfish Creek.
RESOLUTION NO. 100-2012
Said Resolution is incorporated herein by reference.
M10 Board granted approval of Commissioner Murphy's item for the appointment of
Ron Miller and Jerry Gaddis to the Affordable Housing Advisory Committee-term to expire in
November, 2012 with the term of Commissioner Murphy.
M11 Board granted approval of Commissioner Neugent's item for the reappointment of
Peter Worthington to the Marine &Port Advisory Committee with term expiring 04/20/2015.
M12 Board granted approval of Commissioner Neugent's item for the reappointment of
Randy Wall to the Affordable Housing Advisory Committee with term expiring 11/1/2014.
M13 Board granted approval of Commissioner Neugent's item for the by Monroe
County Board of Commissioners to appoint Jim Cameron to the Affordable Housing Advisory
Committee with term expiring 11/1/2014.
M16 Board granted approval of Commissioner Carruthers' item for the appointment of
Chuck Sherman to the Climate Change Advisory Committee for a one-year term, replacing Chris
Belland who resigned.
2012/72
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners Minutes
from the regular Meeting of January 20, 2012 (previously distributed).
Item N3 Board granted approval of the following Warrants: (106701 - 106762 , 571491 -
572729) General Fund (001),in the amount of$2,094,545.83; Fine& Forfeiture Fund (101),
in the amount of$6,641,634.33; Road and Bridge Fund (102),in the amount of$299,573.24;
TDC District Two Penny (115),in the amount of$536,600.82; TDC Admin. & Promo 2 Cent
(116),in the amount of$858,732.33; TDC District 1,3 Cent(117),in the amount of
$1,159.936.74; TDC District 2,3 Cent(118), in the amount of$36,541.45; TDC District 3,3
Cent(119),in the amount of$117,746.08; TDC District 4,3 Cent(120), in the amount of
$74,389.67; TDC District 5,3 Cent (121), in the amount of$49,146.38; Gov. Fund Type
Grants (125),in the amount of$317,794.14; Fire &Amb District 1 L&M Keys (141), in the
amount of$175,287.49; Upper Keys Health Care (144), in the amount of$18,526.09; Uninc
Svc Dist Parks &Rec (147),in the amount of$92,624.17; Plan, Build,Zoning (148),in the
amount of$46,713.30; Municipal Policing(149),in the amount of$939,568.43; 911
Enhancement Fee (150), in the amount of$143,921.25; Duck Key Security(152), in the
amount of$3,968.00; Local Housing Assistance (153), in the amount of$7,449.66; Boating
Improvement Fund (157), in the amount of$71,075.72; Misc. Special Revenue Fund (158),in
the amount of$47,331.56; Environmental Restoration (160), in the amount of$420.96; Law
Enforcement Trust(162),in the amount of$8,005.00; Court Facilities Fees-602 (163),in the
amount of$2,0991.86; Cudjoe-Sugarloaf MSTU, (172),in the amount of$109.00; Building
Fund, (180),in the amount of$4,928.53; 1 Cent Infra Surtax(304) in the amount of
$36,771.93 Infr Sls Srtx Rev Bds2007 (308),in the amount of$147,237.60; Big Coppitt
Wastewater PR(310), in the amount of$1,323.00; Duck Key Wastewater (311), in the amount
of$200,368.90; Card Sound Bridge (401), in the amount of$5,268.16; Marathon Airport
(403), in the amount of$17,606.30; Key West Intl. Airport(404),in the amount of
$320,059.50; KW AIP Series 2006 Bonds (405), in the amount of$3,759.66; MSD Solid
Waste(414),in the amount of$1,208,459.69; Worker's Compensation (501),in the amount of
$15,860.53; Group Insurance Fund (502), in the amount of$1,030,102.59; Risk Management
Fund (503), in the amount of$97,734.39; Fleet Management Fund (504), in the amount of
$94,967.67; 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 February 2012: Advertising, in the amount of$1,843,930.31; Bricks & Mortar
Projects/Interlocal, in the amount of$148,073.90 Visitor Information Services, in the amount
of$79,294.33; Events, in the amount of$242,328.95; Office Supplies & Oper Costs,in the
amount of$40,543.45; Personal Services,in the amount of$159,730.26; Public Relations, in
the amount of$205,611.42; Sales & Marketing, in the amount of$66,174.39; Telephone &
Utilities,in the amount of$24,918.99; Travel, in the amount of$23,237.47.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
2012/73
COUNTY ADMINISTRATOR
02 Board granted approval of the County Administrator's appointment of Jerry
Smith, as the Building Official, under the Division of Growth Management.
03 Board granted approval of a retroactive 32 day no cost time extension with
Green Earth Environmental Foundation, Inc.
04 Board granted approval for Monroe County BOCC to execute Amendment No. 2
with SDI Solar, Inc. for the Solar Water Heaters purchase and installation, to provide a 30 day
no-cost time extension. (Grant No. ARS010).
05 Board granted approval and authorized execution of Grant Agreement
Amendment No. 2 from FL Department of Agriculture and Consumer Services for Grant
#ARS010 [changed to 17522]. This includes a modification to the termination date.
COUNTY ATTORNEY
P4 Board granted approval to advertise a public hearing for an ordinance repealing
section 13-1 of the Monroe County Code.
P6 Board adopted the following Resolution regarding Facilities Use Policy for
non-County governmental agencies, and/or other entities, desiring to use county facilities,
particularly on a recurring basis.
RESOLUTION NO. 101-2012
Said Resolution is incorporated herein by reference.
P7 Board granted approval to amend the Interlocal Agreement between Monroe
County and the Monroe County Sheriff's Office regarding Emergency Communications for the
sole purpose of extending the term of the agreement through February 21, 2022.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C25 The Board discussed a 3rd Amendment to Agreement for Consulting Services
with Government Services Group, Inc., to provide professional services relating to the annual
Solid Waste Assessment roll. Kevin G. Wilson, P.E.- Division Director- Public Works &
Engineering and Rosa S. Washington, Sr. Administrator- Solid Waste Management discussed
the item. Motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers granting approval of the item. Motion carried unanimously.
Item C28 The Board discussed Amendment#1 to the Joint Participation Agreement(JPA)
with Florida Depaitiiient of Transportation (FDOT) for the No Name Key Bridge Repair Project
2012/74
to remove funding for construction and construction engineering and inspection(CEI)phases.
The funds for these phases will be replaced with federal funds under a LAP Agreement. The
following individual addressed the Board: Alicia Putney. Judith S. Clarke, P.E. - Engineering
Director discussed the item. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Wigington granting approval of the item. Motion carried
unanimously.
BUDGET & FINANCE/COUNTY ATTORNEY
The Board discussed the following two (2) items:
Item G1 Discussion concerning the Fiscal Year 2013 Human Services Advisory Board
funding cycle, including approval of amount of$2,221,777.00 (This amount reflects no net
increase over last year. Funding has been flat since FY 2009).
Item P3 Discussion and direction regarding Human Services Advisory Board policies and
procedures, including whether the State match required by F.S. § 394.75 & § 394.76 for
Substance Abuse and Mental Health services should be treated in the same manner as the Baker
Act funding match, as a separate line item in the County budget.
The following individuals addressed the Board: David Paul Horan, representing
the Human Service Advisory Board; John Morrill, Elmira Leto, representing Samuel's House,
Inc.; Ariana Nesbitt, representing Healthy Start Coalition; and Kim Romano, Executive Director
of Woman Kind. Lisa Tennyson, Grants Administrator and Roman Gastesi, County
Administrator discussed the items. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers approving the HSAB funding cycle, at last
year's level, in the amount of$2,221,777.00. Roll call vote was unanimous.
Suzanne Hutton, County Attorney discussed State matches required by F.S. §
394.75 & § 394.76.
Motion was made by Commissioner Neugent to make the Human Services
Advisory Board policies and procedures, including whether the State match required by F.S. §
394.75 & § 394.76 for Substance Abuse and Mental Health services should be treated in the
same manner as the Baker Act funding match, as a separate line item in the County budget.
Motion died for lack of a second.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to allow the Guidance Clinic to go into a line item with the stipulation that they not
come before the HSAB for additional funding - (25%) cap. Roll call vote was unanimous, with
Mayor Rice abstaining. After further discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Wigington to rescind item Gl. Motion carried unanimously.
Motion was then made by Commissioner Murphy and seconded by Commissioner Carruthers
that the amount previously agreed upon$2,221,777.00 be reduced by the approximate amount of
$360,000.00 by the state required match shown on Exhibit"H"for Mental Health and Substance
2012/75
Abuse. During discussion, the County Attorney suggested, with the maker of the motion
accepting, for the motion to read: that by whatever the amount is, that is the line item, the HSAB
amount will be reduced. Roll call vote was unanimous, with Mayor Rice abstaining.
EXTENSION SERVICES/COMMISSIONERS' ITEMS
The Board discussed the following two (2) items:
Item H1 Approval of a resolution adopting the Energy Efficiency and Conservation
Strategy for County Operations.
Item M14 - Approval to instruct solid waste providers to devise, as soon as possible (no later
than September 30, 2012), a 3 year plan to eliminate the out-hauling of yard waste.
Doug Gregory, Director/Marine Sea Grant Agent and Rhonda Haag, Sustainable
Initiatives Coordinator presented the Energy Efficiency and Conservation Strategy for County
Operations. After discussion,motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 102-2012
Said Resolution is incorporated herein by reference.
M14 The Board discussed Commissioner Neugent's item for approval to instruct solid
waste providers to devise, as soon as possible (no later than September 30, 2012), a 3 year plan to
eliminate the out-hauling of yard waste. The following individuals addressed the Board: Harry
Appel, representing the Climate Change Action Committee; John Albert, representing Waste
Management; Deb Curlee, and Don Riggs. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Murphy to approve the item. Kevin G. Wilson, P.E.-
Division Director- Public Works &Engineering discussed the matter. Roll call vote was taken
with the following results:
Commissioner Carruthers No
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice No
Motion failed. Motion was then made by Commissioner Carruthers and seconded by
Commissioner Murphy to approve the item with the stipulation that the initiatives proceed with
cooperation and input from the Climate Change Action Committee. Roll call vote was taken
with the following results:
Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent No
2012/76
Commissioner Wigington Yes
Mayor Rice Yes
Motion carried.
COUNTY ADMINISTRATOR
Item 07 Mr. Richard Langdon of Questor Multisport, LLC made a presentation
concerning BoneIsland Tri 2013. The following individual addressed the Board: Bill Hunter.
Roman Gastesi, County Administrator discussed the item. No official action was taken.
MISCELLANEOUS BULK APPROVALS
Item C40 The Board discussed ratification of Task Order No. 12/14-04 with Jacobs Project
Management Co. for DBE support services for the DBE implementation plan at the Key West
International Airport and the Florida Keys Marathon Airport. Peter Horton, Director of Airports
discussed the item. Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D1 The Board discussed an Amendment to Agreement with Marine Mammal
Conservancy, Inc. for the Marine Mammal Conservancy Phase I project to extend completion
date to June 30, 2012, and to revise Exhibit A— Segment 3. Suzanne Hutton, County Attorney
and Kevin G. Wilson, P.E.- Division Director- Public Works & Engineering discussed the item.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington granting approval of the item with the stipulation that this will be the final extension.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C31 The Board discussed Task Order with AMEC Environment &Infrastructure, Inc.
under the On Call Professional Engineering Services Contract to develop Phase I of a Canal
Management Master Plan. The project will be funded by Water Quality Protection Program funds
provided by the Florida Department of Environmental Protection (FDEP). Rhonda Haag,
Sustainable Initiatives Coordinator and Judith S. Clarke, P.E. - Engineering Director discussed
the item. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy granting approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D2 The Board discussed an Amendment to the Agreement with the Florida Keys
Land and Sea Trust, Inc. to extend termination date to December 31, 2012 and revise Exhibit A.
2012/77
The following individuals addressed the Board: Joyce Newman,representing Last Stand;
Michael Welber, Linda E. Miller, Deb Curlee, representing Last Stand. Motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to table the item.
Item D3 The Board discussed an Amendment to the Agreement with Floridakeys.com to
allow for the addition of a compensation of special projects in an amount not to exceed
$175,000. Suzanne Hutton, County Attorney read the following language change in last sentence
of bold paragraph in 1)a) as follows: These special projects shall be paid for through purchase
order procedures in an amounts the total of which shall not to exceed $175,000 per year. Motion
carried unanimously.
Item D5 Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval of an"At Large" appointment of Mr. Alan Eckstein to the Tourist
Development Council District I Advisory Committee.
Item D6 Motion was made by Mayor Rice and seconded by Commissioner Murphy
approving the two "At Large" appointments: Mr. H. B. "Hal"Barrett and Ms. Stephanie Scuderi
to the Tourist Development Council District IV Advisory Committee. Motion carried
unanimously.
COUNTY ATTORNEY
Item P2 The Board discussed the opportunity for public input 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: Aicia Putney, Michael Welber, Deb Curlee, Joyce. Roman Gastesi, County
Administrator discussed the item. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Wigington requesting the County Attorney to bring back the
appropriate language for consideration. Roll call vote was unanimous.
STAFF REPORTS
Item E2 Budget& Finance -Lisa Tennyson, Grants Administrator updated the Board
concerning the Legislative Wrap-Up with respect to issues pertaining to Monroe County. Said
document is incorporated herein by reference.
Item E5 Project Management- Kevin G. Wilson, P.E.-Division Director- Public
Works &Engineering updated the Board concerning the following county projects: Marathon
Airport/Customs Area; Stock Island Fire Station; Conch Key Fire Station and Marathon
Courthouse renovations.
Item E6 Growth Management- Christine Hurley, Growth Management Director and
Bob Shillinger updated the Board concerning the FEMA Biological Opinion.
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Item Q1 A Public Hearing was held to consider a resolution for a Budget Amendment of
Fiscal Year 2012 One Cent Infrastructure Surtax Fund 304, Infrastructure Sales Surtax Revenue
Bonds 2007 Fund 308, and Duck Key Wastewater Fund 311. There was no public input. Motion
was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the
following resolution. Motion carried unanimously.
RESOLUTION NO. 103-2012
Said Resolution is incorporated herein by reference.
Item Q2 A Public Hearing was held regarding the Issuance of a Certificate of Public
Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of
an ALS transport ambulance service for the period April 21, 2012 through April 20, 2014. The
Board accepted public input with the following individual addressing the Board: Charles
Maymon, representing American Ambulance. Motion was made by Commissioner Neugent and
seconded by Commissioner Wigington to approve the item. Motion carried unanimously.
Item Q3 A Public Hearing was held to consider dedication to Monroe County of 2nd
Avenue West, Cudjoe Gardens Eighth Addition subdivision, Cudjoe, as recorded in Plat Book 7
Page 16 of the public records of Monroe County, Florida. There was no public input. Judith S.
Clarke, P.E. - Engineering Director discussed the item. Motion was made by Commissioner
Murphy and seconded Wigington to approve the item, contingent upon receiving documentation
pertaining to 20823 2nd Avenue West, Lot 19. Motion carried unanimously.
RESOLUTION NO. 104-2012
Said Resolution is incorporated herein by reference.
Item Q4 A Public Hearing was held to consider an Ordinance amending Section 138-50 of
the Monroe County Land Development Code, to incorporate criteria for Nonresidential Rate of
Growth Ordinance (NROGO) exemptions and to provide consistency with Policy 101.3.4 of the
Comprehensive Plan in the Land Development Code. Christine Hurley, Growth Management
Director discussed the item. Motion was made by Commissioner Wigington and seconded by
Commissioner Carruthers to adopt the following Ordinance, including the following wording
read into the record by Ms. Hurley: Page 2 of 6, Section 1. Sec. 138-50. Type of development
not affected. (1)b. Documentation from the Monroe County Property Appraiser's Office
indicating non-residential use on or about September 19, 2001. Motion carried unanimously.
ORDINANCE NO. 004-2012
Said Ordinance is incorporated herein by reference.
Item Q5 A Public Hearing was held to consider an Ordinance amending Section 114-20 of
the Monroe County Land Development Code, to provide single family residential properties on
Stock Island and Key Haven with the option to construct entry features that are greater in mass
than currently allowed; to allow a taller fence for utility security when a national code requires or
recommends a height greater than that allowed by the Land Development Code; to include the
Mixed Use (MU) Land Use District in §114-20(1)d.2.; and to revise existing language to address
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areas of improper language and incorrect references. Christine Hurley, Growth Management
Director discussed the item. The Board accepted public input with the following individual
addressing the Board: Bill Spottswood. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner Wigington to adopt the following Ordinance,
including the following wording read into the record by Ms. Hurley:
I. The entry feature is defined as a continuous fence or gate, or combination thereof,
located contiguous to and on both sides of the main access and/or(driveway) to the property
which is designed and intended to control and/or demarcate the access to the property. An"entry
feature"includes all walls,buttresses, guy wires, integral signs and decorative features attached
thereto up to a maximum width of 12 feet, or 15% of the lot width whichever is greater, a
maximum height of 10 feet, and 4 feet in depth or 6% of the lot depth whichever is greater, as
measured from the front property line; and
ORDINANCE NO. 005-2012
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
Item Q6 A Public Hearing was held to consider approval of an Ordinance creating Section
2-346, and amending Section 2-347, of the Monroe County Code to reflect the recently revised
and improved Monroe County Purchasing Policy. There was no public input. Motion was made
by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 006-2012
Said Ordinance is incorporated herein by reference.
EMPLOYEE SERVICES
Item I4 The Board discussed changing the department billing rate from $790 per month to
$320 per month for employees and elected officials who choose to opt out of the medical and
prescription benefits plan to become effective May 1, 2012. Teresa Aguiar, Employee Services
Director discussed; Suzanne Hutton, County Attorney; and Danny Kolhage, Clerk of Courts
discussed the item. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Wigington approving the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Item M8 The Board discussed Commissioner Murphy's item for the elimination of the
$5.00 vessel pump-out fee. Motion was made by Commissioner Neugent and seconded by
Commissioner Murphy to approve the item. Roll call vote was taken with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
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Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice Yes
Motion carried.
Item M15 The Board discussed Commissioner's Murphy's item regarding the State of
Florida Department of Economic Opportunity Hurricane Evacuation Clearance Time Work
Group meetings and direction on hurricane model scenarios. The following individuals
addressed the Board: Joyce Newman, Bill Hunter, and Alicia Putney. Mayte Santamaria,
Planning and Environmental Resources -Assistant Director reviewed with the Board the
document entitled Hurricane Model Scenario Request by Monroe County. The commission
provided Ms. Mayte with their requests.
Item M17 The Board discussed Commissioner Murphy's item concerning approval for a
project that proposes growth improvements to the coral reef system of a waiver of TDC policy
that requires a long-term lease by a not-for-profit entity seeking funding for a capital project for
property that the entity does not own,provided that the proposer obtains or has obtained any
necessary state and federal environmental permits. Suzanne Hutton, County Attorney discussed
the item. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice Yes
Motion carried.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Report for February, 2012, dated March 6, 2012. Mr. Gastesi discussed
issuing an RFP for the management/out source of the Florida Keys Marathon Airport.
Item 06 Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval and authorizing execution of Grant Agreement No. S0607 from FL
Department of Environmental Protection(FDEP), for a Grant to fund Phase 1 of a countywide
canal improvements masterplan. Motion carried unanimously.
Item 08 The Board discussed approval of$5000 in funding to support the Friends of Old
Seven ImagineO7 Design Vision Collaborative project for the Old Seven Mile Bridge restoration
and preservation. Suzanne Hutton, County Attorney and Roman Gastesi, County Administrator
discussed the item. After discussion, motion was made by Commissioner Neugent and seconded
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by Commissioner Murphy approving the item. Roll call vote was taken with the following
results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice Yes
Motion carried.
COUNTY ATTORNEY
Item P1 Bob Shillinger, Chief Assistant County Attorney discussed Roman Gastesi,
County Administrator and Monroe County vs. Stand Up for Animals, Inc. Case No.
CAK-10-1050 and requested a Closed Session be held in the matter. Motion was made by
Commissioner Neugent and seconded by Commissioner Carruthers to hold a Closed Session at
the April 18, 2012 Board meeting in Key West at 1:30 P.M. Motion carried unanimously.
Mr. Shillinger discussed the No Name Key electrification and the Public Service
Commission. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Wigington authorizing the County Attorney to file a motion to intervene in the
Public Service Commission proceeding. Motion carried unanimously.
Item P5 Suzanne Hutton, County Attorney who will be retiring in October, 2012 discussed
and requested direction in regards to the position of a new County Attorney. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
authorizing the County Attorney and County Administrator to negotiate a contract with Chief
Assistant County Attorney, Bob Shillinger. The Board also authorized a search for an Assistant
County Attorney in the County Attorney's Office. Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
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Isabel C. DeSantis, Deputy Clerk