08/15/2012 Regular 2012/164
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 15, 2012
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Murray E. Nelson 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; Isabel C. DeSantis, Deputy Clerk;
County Staff,members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of a Years of Service Award for 10 years of service to Monroe
County to Meria"Dottie" Grala, Toll Collector, Card Sound Toll Authority, Public
Works/Engineering Division.
Item B2 Presentation of a Mayor's Proclamation declaring August 7, 2012 as "Purple
Heart Recognition Day" in Monroe County, Florida, and in doing so, paying tribute to all
recipients of the Purple Heart for their extraordinary sacrifice and gallantry on the field of battle..
Item B3 Proclamation by the Board of County Commissioner expressing its grateful
appreciation to Joseph J. Vetrick for his years of volunteer service to the Monroe County
Contractor's Examining Board.
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 granted approval and authorized execution of Amendment 001 to the
Community Care for the Elderly(CCE) Contract KC-1271 between the Alliance for Aging, Inc.
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(Area Agency on Aging) and the Monroe County Board of County Commissioners (Social
Services/In-Home Services) for Fiscal Year 7/1/12 to 6/30/13.
Item C2 Board granted approval and authorized execution of Amendment 001 to the Home
Care for the Elderly(HCE) Contract KH-1272 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 7/1/2012 to 6/30/2013.
Item C3 Board granted approval and authorized execution of Amendment 001 to Contract
US-1251 between the Alliance for Aging, Inc. and Monroe County Board of County
Commissioners for funding of the congregate and home delivered meals provided by the Monroe
County Nutrition Program.
Item C4 Board granted approval and authorized execution of the third Amendment of the
Legal Services Agreement between Monroe County and George Helm, III, P.A. to provide legal
services and representation in the area of worker's compensation claims for Monroe County.
Item C5 Board granted approval and authorized execution of the Legal Services
Agreement between Monroe County and Kelley, Kronenberg, Gilmartin, Fichtel, Wander,
Bamdas, Eskalyo &Dunbrack, P.A. to amend the Agreement in order to update authorized
timekeepers.
Item C6 Board granted approval to renew current Life Insurance and Accidental Death&
Dismemberment (AD&D)policy with The Hartford Life Insurance for one additional year. Rate
increase of.01 per$1,000.00 for Basic Lice; no increase in AD&D rate.
Item C7 Board ratified the previously executed Florida Department of Transportation
Supplemental Joint Participation Agreement No. 3 for Contract#APT62 (security upgrades at the
Key West International Airport), which increases the 100% funding of the original grant by an
additional $446,952.00.
Item C8 Board ratified the previously approved Design Services Agreement between
Monroe County and MBI/K2M for Customs Terminal Security Enhancements - Key West
International Airport, Phase 2 and 3 and authorized execution of same.
Item C9 Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and Jayne's Cleaning Services to provide Janitorial Services at the Key
West International Airport.
Item C10 Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 199-2012
Said Resolution is incorporated herein by reference.
,
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Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 200-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 201-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 202-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 203-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 204-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 205-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 206-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 207-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 208-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 209-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 210-2012
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 211-2012
Said Resolution is incorporated herein by reference.
Item C11 Board granted approval and authorized execution of a Hosted Application Service
and License Agreement Amendment#1 to Contract 210001270 between Monroe County and
Sarasota County as the Service Provider to GovMax 5.0 budget software and to provide and
manage a ticket tracker system for customer support.
Item C 13 Board granted approval and authorized execution of the Sixth Amendment to
Agreement between Monroe County and The Florida Keys Society for the Prevention of Cruelty
to Animals, Inc., for a CPI adjustment, for the operation of the Key West Animal Shelter.
Item C15 Board granted approval and authorized execution of the Second Renewal
Agreement between Monroe County and Barnes Alarm Systems, Inc. for fire and panic alarm
system annual certification, maintenance and monitoring.
Item C16 Board granted approval and authorized execution of the Second Renewal
Agreement between Monroe County and G&K Services Co. for the Division of Public Works
uniform services.
Item C17 Board granted approval and authorized execution of the 1st Renewal Agreement
between Monroe County and U.S. Water Services Corporation for the operation and maintenance
of wastewater treatment plant for the Marathon Government Center, Monroe County.
Item C20 Board granted approval of the issuance of a Class A Certificate of Public
Convenience and Necessity (COPCN)to Key Largo Volunteer Ambulance Corp., Inc. (KLVAC)
for the operation of an ALS transport ambulance service.
Item C21 Board granted approval and authorized execution of Modification#4 to amend the
American Coach Lines of Miami, Inc. Contract to provide for revised rates, assignability, and
procedures for operation in the event of hazardous conditions of the Agreement with ACL. The
original Agreement provides for additional emergency transportation services to Monroe County
residents, guests, workforce and their appropriately caged or crated pets during the evacuation,
reentry and recovery phase of an emergency as determined by Monroe County Emergency
Management, and authorized for the County Administrator to execute any other required
documentation.
Item C22 Board granted approval and authorized execution of Modification#1 of
Agreement with the City of Miami dated July 8, 2010 concerning a United States Department of
Homeland Security's Office of Grants &Training (OG&T), through the State of Florida Division
of Emergency Management(FDEM) sub-grant Agreement#11DS-32-11-23-02-233 in the
amount of$312,472.00, with no county funding required; and authorization for the County
Administrator to execute any other required documentation in relation to the agreement.
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Item C23 Board granted approval and authorized execution of Modification#2 of
Agreement with the City of Miami dated July 8, 2010 concerning a United States Department of
Homeland Security's Office of Grants &Training (OG&T),through the State of Florida Division
of Emergency Management (FDEM) sub-grant Agreement#11DS-32-11-23-02-233 in the
amount of$312,472.00, with no county funding required; and authorization for the County
Administrator to execute any other required documentation in relation to the agreement.
Item C25 Board granted approval to advertise for bids for the Doctor's Arm Culvert Repairs
Project.
Item C26 Board granted approval and authorized execution of a Contract between Monroe
County and Mailloux & Sons for the Upper and Middle Keys ADA Compliance Segment#1.
This ADA Segment is funded by the CDBG Grant.
Item C27 Board granted approval and authorized execution of a Contract between Monroe
County and Pedro Falcon Electrical Contractors, Inc. for the ADA Compliance Segment#3,
Facilities Interior Public Access Areas. This ADA Segment if funded by the CDBG Grant.
Item C28 Board granted approval and authorized execution of a Contract between Monroe
County and William P. Horn Architect, P.A. for professional services for the repair of the
Concrete Spalling at the Key West Senior Center.
Item C29 Board granted approval of the Monthly Report on Change Orders reviewed by the
County Administrator's Office. Said report is incorporated herein by reference.
Item C30 Board granted approval and authorized execution of Modification 003 to the
Weatherization Assistance Low Income Home Energy Assistance Program, Sub-grant Agreement
(WAP-LIHEAP), Contract#12LH-9Z-54-01-039, between Monroe County Board of County
Commissioners (Community Services/Social Services) and the State of Florida, Department of
Economic Opportunity which will increase the initial contract allocation by $4,632.00.
Item C31 Board granted approval to purchase a 2012 Tymco 600 Street Sweeper through an
existing contract between Southern Sewer Equipment Sales and the Florida Association of
Counties (Bid Award announcement 11-19-0907).
Item C33 Board granted approval and authorized execution of Modification#2 to Subgrant
Agreement between Monroe County and State of Florida, Division of Emergency Management to
reinstate and extend expiration date of the FY09 State Homeland Security Grant Program
Agreement(SHSGP) 11DS-29-11-54-01-091 to December 31, 2012, with no county match
required; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
TOURIST DEVELOPMENT COUNCIL
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Item D1 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Florida Keys Fishing Tournaments, Inc. to exercise option to
extend the Agreement for two (2) additional years to September 30, 2014.
Item D2 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the University of Florida Alumni Association, Inc., Key West Gator
Club covering the Key West Gator Club Dolphin Derby to revise the date of event to July, 2012.
DIVISION OF GROWTH MANAGEMENT
Item I1 Board granted approval of a Building Permit refund fee in the amount of$70.00
to 3rd Generation Plumbing for duplicate permit#11305409 issued on 6/15/2012.
Item 12 Board granted approval of Building Permit refund fee in the amount of$50.00 to
Nu Vue Construction for Permit#1232729 issued on 7/3/2012.
Item I3 Board granted approval of the reappointment of Daryle L. Osborn, PE27428, to
one (1) additional three (3) year term on the Board of Adjustment and Appeals (CBAA)
Committee as an engineer, with a term expiring May 8, 2015.
Item 14 Board granted approval and authorized execution of Amendment No. 8 to the
2006 Agreement between Monroe County and DRC Emergency Services, LLC extending the
Agreement through April 19, 2013, providing for continuous marine debris removal services by
the same vendor throughout the entirety of the 2012 hurricane season, and providing for the
execution of future marine debris recovery agreements and amendments to occur outside of
hurricane season.
Item I5 Board granted approval and authorized execution of a Grant Task Assignment No.
FK-109 between Monroe County and Florida Fish&Wildlife Conservation Commission
(FFWCC)to receive a$96,000 grant that will allow the County to continue employing part-time,
temporary invasive exotic plant control technicians to treat invasive exotic plants on conservation
lands that are owned or managed by Monroe County.
Item 17 Board adopted the written procedures for the FEMA required Permit Referral
Process for parcels with the Fish& Wildlife Service designated Species Focus Area using the
Species Focus Area Maps (SFAMs), associate parcel list and FWS Species Assessment Guides
(SAGs).
Item 18 Board adopted the following Resolution eliminating the tolling of time limit
requirements for obtaining a building permit after ROGO or NROGO allocations are awarded
and eliminating tolling of building permits and required building timelines for properties
formerly subject to the injunction against the issuance of Flood Insurance Policies under the
National Flood Insurance Program.
RESOLUTION NO. 212-2012
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Said Resolution is incorporated herein by reference.
Item I9 Board adopted the following Resolution setting the date, time and place for a
Public Hearing concerning the proposed abandonment of a portion of the right-of-way of Hakluyt
Lane, Cutthroat Harbor Estates, First Addition, Cudjoe Key as shown as recorded in Plat Book 5,
Page 60 of the Public Records of Monroe County, Florida.
RESOLUTION NO. 213-2012
Said Resolution is incorporated herein by reference.
Item Il 1 Board granted approval to ratify a License Agreement from 2007 between Monroe
County and ESRI, Inc. for GIS Software and authorized execution of software maintenance
Agreement for 2012-2013, and invoice in the amount of$15,700. ESRI, Inc. is a sole-source
provider for maintenance of the County's GIS software, and the County executed a licensing
agreement with ESRI, Inc., in 2007 which was not approved by the BOCC. Maintenance fees
paid in the last six years have totaled $88,508.22, which exceeds the purchasing policy of the
Administrator.
COMMISSIONERS' ITEMS
Item L1 Board adopted the following Resolution applauding the Ocean Conservancy and
the Florida Keys National Marine Sanctuary for their efforts in organizing and carrying out a
keys wide beach cleanup to take place on September 15, 2012.
RESOLUTION NO. 214-2012
Said Resolution is incorporated herein by reference.
Item L2 Board granted approval of Commissioner Carruthers' reappointment of Amy
Spielberg to the Monroe County Parks &Recreation Advisory Board, with a term expiring
September 17, 2014.
Item L3 Board granted approval of Commissioner Carruthers' reappointment of Steve
Torrence to the Monroe County Human Services Advisory Board, with a term expiring August
18, 2014.
Item L4 Board granted approval of Commissioner Carruthers' reappointment of Douglas
B. Wright to the Monroe County Tourist Development Council as a Lodging Industry
appointment, with a term expiring September 15, 2014.
Item L7 Board granted approval of Commissioner Neugent's reappointment of Rita Irwin
to the Tourist Development Council, with a term expiring August 16, 2016.
COUNTY CLERK
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Item M2 Board granted official approval of the Board of County Commissioners minutes
from the June 20, 2012 Regular Meeting (previously distributed).
Item M3 Board granted approval of the following Warrants: (107003 - 107054; 576839 -
577749) General Fund (001), in the amount of$2,844,350.98; Fine & Forfeiture Fund (101),
in the amount of$103,470.14; Road and Bridge Fund (102), in the amount of$56,538.53;
TDC District Two Penny (115), in the amount of$375,319.68; TDC Admin. & Promo 2 Cent
(116), in the amount of$440,625.61; TDC District 1,3 Cent (117), in the amount of
$399,225.50; TDC District 2,3 Cent (118), in the amount of$27,634.52; TDC District 3,3
Cent(119), in the amount of$159,321.67; TDC District 4,3 Cent(120), in the amount of
$91,235.59; TDC District 5,3 Cent (121), in the amount of$87,183.31; Gov. Fund Type
Grants (125), in the amount of$455,029.07; Impact Fees Roadways (130), in the amount of
$27,063.51; Fire & Amb District 1 L&M Keys (141), in the amount of$168,807.51; Upper
Keys Health Care (144), in the amount of$649.72; Uninc Svc Dist Parks & Rec (147), in the
amount of$59,296.08; Plan, Build, Zoning (148), in the amount of$81,851.85; Municipal
Policing (149), in the amount of$16,096.61; Duck Key Security (152), in the amount of
$3,848.06; Local Housing Assistance (153), in the amount of$30,814.36; Boating
Improvement Fund (157), in the amount of$55,476.54; Misc. Special Revenue Fund (158),in
the amount of$12,938.84; Environmental Restoration (160), in the amount of$17,526.36;
Stock Island Wastewater (171), in the amount of$1,175.00; Cudjoe-Sugarloaf MSTU (172),
in the amount of$3,062.65; Building Fund, (180), in the amount of$3,050.73; 1 Cent Infra
Surtax (304) in the amount of$146,699.39; 2003 Revenue Bonds (307), in the amount of
$379,221.00; Infr Sls Srtx Rev Bds2007 (308), in the amount of$223,367.75; Big Coppitt
Wastewater Pr (310), in the amount of$8,577.50; Duck Key Wastewater(311), in the amount
of$80,525.04; Card Sound Bridge (401), in the amount of$8,572.81; Marathon Airport
(403), in the amount of$44,208.18; Key West Intl. Airport (404), in the amount of
$322,744.07; KW AIP Series 2006 Bonds (405), in the amount of$3,883.99; MSD Solid
Waste (414), in the amount of$1,231,255.75; Worker's Compensation (501), in the amount of
$16,154.46; Group Insurance Fund (502), in the amount of$847,781.90; Risk Management
Fund (503), in the amount of$17,757.42; Fleet Management Fund (504), in the amount of
$74,569.46; Fire&EMS LOSAP Trust Fund (610), in the amount of$2,055.00.
Item M4 Board granted approval of Tourist Development Council Expenditures for the
month of July 2012: Advertising, in the amount of$838,257.58; Bricks & Mortar
Projects/Interlocal, in the amount of$147,263.62; Events, in the amount of$96,832.28; Office
Supplies & Oper Costs, in the amount of$26,515.19; Personal Services, in the amount of
$157,105.21; Public Relations, in the amount of$122,609.24; Sales & Marketing, in the
amount of$70,738.15; Telephone & Utilities, in the amount of$10,241.36; Travel, in the
amount of$7,355.59; Visitor Information Services, in the amount of$103,627.66.
Item M5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
COUNTY ATTORNEY
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Item 02 Board granted approval to advertise a Public Hearing for an Ordinance amending
Ordinance No. 017-2012 to retain the BOCC intent in accepting language from Key Largo
Wastewater Treatment District Board members during the July 18, 2012 Public Hearing yet
avoid the unintended consequence that such language, as placed in the Ordinance, could be
interpreted to preclude use of the infrastructure sales tax for any other public purpose than
wastewater infrastructure and related debt retirement until all wastewater infrastructure debt is
retired.
Item 03 Board granted approval to initiate litigation against Jean Pierre Francois Sandal,
including but not limited to foreclosing the code compliance liens on his properties located at
1311 and 1317 Calder Road in Key Largo, which arose out of code compliance cases:
CE09050055; CE09030065 and CE11020046.
Item 05 Board granted approval and authorized execution of the Fifth Amendment to
Agreement between Monroe County and Ira Libanoff, Esq., outside counsel on the case of
Monroe County v. Gonzalez, consolidated Case 2007-CA-1428-K, correcting a scrivener's error
which inadvertently changed the hourly rate for one time keeper and making the correction
retroactive to September 21, 2011.
Motion carried unanimously.
MISCELLANEOUS BULK ITEMS
Item N2 The Board discussed an Agreement for Consulting Services between Monroe
County and MW Biodiesel Consulting, Inc., for services related to The Resources and
Ecosystems Sustainability, Tourist Opportunity, and Revived Economies of the Gulf States Act
of 2011 (the RESTORE Act). The following individual addressed the Board and made a Power
Point Presentation: Peggy Matthews, representing Biodiesel Consulting, Inc. Suzanne Hutton,
County Attorney discussed the item. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner Murphy granting approval of the item. Roll call vote
was unanimous.
MOMENT OF SILENCE
The Board had a moment of silence for former County Attorney John"Richard"
Collins who passed during the night.
COUNTY ADMINISTRATOR
Item C12 The Board discussed an Amendment to the Agreement with the Upper Keys
Community Pool, Inc. d/b/a Jacob's Aquatic Center of Key Largo to provide annual funding for
operation of the pool and related facilities at the Key Largo Community Park. Kevin G. Wilson,
P.E.-Division Director- Public Works &Engineering discussed the item. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting
approval of the item. Motion carried unanimously.
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Item C 18 The Board discussed an Agreement between the Sugarloaf Key Volunteer Fire
Department, Inc., (SLVFD) and Monroe County Fire Rescue (MCFR) for the use of Sugarloaf
Key Fire Station No. 10 by MCFR; authorization for Chief Callahan to execute Agreement and
the Hold Harmless Agreement. Emergency Services -James Callahan, Fire/Rescue discussed the
item. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent granting approval of the item. Motion carried unanimously.
Item C19 The Board discussed as Plan Administrator of the Length of Service Award Plan
(LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly
benefit of$270.00 commencing September 1, 2012. - James Callahan, Fire/Rescue discussed the
item. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Neugent granting approval of the item. Motion carried unanimously.
Item C32 The Board discussed purchasing 50 Lenovo personal desktop computers, 20 flat
screen monitors, 10 Laptops, and 5 All-in one workstations per quotation#23207692.02-W from
GovConnection, Inc. Bob Ward Sr. Administrator- Tech Services discussed the item. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy granting approval of the item. Motion carried unanimously.
STAFF REPORTS
Item E5 Project Management- Kevin G. Wilson, P.E.- Division Director- Public Works
&Engineering discussed the traffic light located on US 1 and Crane Boulevard at Sugarloaf Key
and indicated that the Florida Department of Transportation has agreed to adjust it accordingly
during school hours.
STAFF REPORTS
Item E5 Project Management- Kevin G. Wilson, P.E.- Division Director- Public Works
&Engineering reported to the Board that the Florida Department of Transportation will be
adjusting the traffic light located on US 1 and Crane Boulevard at Sugarloaf Key to morning and
afternoon school access hours. Mr. Wilson updated the Board on the status of the Stock Island
Fire Department project.
GROWTH MANAGEMENT DIVISION
Item 16 The Board discussed the local ranking of the 2016 Florida Department of
Transportation(FDOT) Enhancement Applications. Patricia Smith, Transportation Planner-
Planning and Environmental Resources discussed the matter. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the
item. Motion carried unanimously.
COMMISSIONERS' ITEMS
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Item L6 The Board discussed Commissioner Neugent's item concerning a resolution of the
Board of County Commissioners of Monroe County, Florida declaring its support of Legislation
to exclude Safe Harbor Enterprises, Inc., and Robbie's Safe Harbor Marine Enterprises, Inc.,
from the Coastal Barrier Resources System (CBR). The following individual addressed the
Board: Bart Smith, Esq. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy to continue the item to the Board's special meeting on
September 10, 2012. Motion carried unanimously.
Item L8 The Board discussed Commissioner Neugent's item for direction to remove
twelve identified vessels that are imminently headed for sinking and becoming derelict. The
willing owners will provide title to the County so that they can be disposed of at the County
transfer station on Cudjoe Key. Rich Jones, Senior Administrator- Marine Resources discussed
the matter. The following individual addressed the Board: Ricky Arnold, Jr, representing
Arnold's Towing. The Board referred the item to Staff in order to bring information back to the
Board of County Commission for further consideration.
GROWTH MANAGEMENT DIVISION
Item Jl A Presentation was made by Michael L. Davis, Vice President and John Abbott,
Director of Environmental Sciences and Water Resources Planning Division with the firm Keith
and Schnars, P.A. concerning the Naval Air Station Key West Airfield Operations Draft
Environmental Impact Statement(NASKW DEIS) and the proposed operational alternatives at
Naval Air Station Key West (NASKW) which may impact the County and authorization for the
Mayor to sign the County's comment letter on the DEIS, drafted by Keith and Schnars, P.A., and
Tyson Smith, Esq., AICP (outside legal counsel for Monroe County)to be sent prior to August
28, 2012. The following individual addressed the Board: John Hammerstrom, representing the
EIS Oversight Committee. After discussion, motion was made by Commissioner Wigington and
seconded by Commissioner Murphy granting approval of the recommendations; authorizing the
Mayor to sign the County's comment letter on the DEIS; and the request to meet with the Navy.
Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Item L6 Commissioner Neugent's item concerning a resolution of the Board of County
Commissioners of Monroe County, Florida declaring its support of Legislation to exclude Safe
Harbor Enterprises, Inc., and Robbie's Safe Harbor Marine Enterprises, Inc., from the Coastal
Barrier Resources System (CBR), was reheard in order to allow the following individual to
address the Board: Bart Smith, Esq.
Item L5 A Presentation was made by Annalise Mannix, P.E., Executive Director of Fair
Insurance Rates in Monroe (FIRM) followed by discussion and direction regarding County
involvement with a data project to verify construction quality of Key' structures, next steps and
possible long-term solutions to windstorm insurance crisis. Motion was made by Commissioner
Carruthers and seconded by Commissioner Wigington directing Staff 1)to work with FIRM and
the municipalities to assist with compilation and analysis of building data(which may require
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funding); 2) Send a letter from the Commission to Citizens Property Insurance outlining the
exact request in terms of the data analysis; and 3) Send a letter from the Commission signed by
the Mayor to the Governor to request Citizens Property Insurance immediately stop the
depopulation efforts in Monroe County. Christine Hurley, Growth Management Director
discussed the matter. Motion carried unanimously.
MISCELLANEOUS
Mayor Rice introduced Representative Dean Cannon, Speaker of the House. The
Speaker of the House was presented with a Conch Certificate.
EMPLOYEE SERVICES
Item G1 The Board discussed paying the additional estimated annual premium $113,382 to
Citizens Property Insurance Corporation for the Windstorm Insurance Policy. Sidney G.
Webber, CPCU, ARM - Interisk Corporation discussed the matter. Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Item L9 The Board discussed Commissioner Carruthers' item concerning Florida State's
new Early Learning Coalition(ELC) funding formula impacting funding for early childhood
readiness in Monroe County and approval of a resolution urging restoration of funding to
Miami-Dade/Monroe County. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Carruthers to adopt the following Resolution urging the Governor
and Florida Legislature to restore funding to Miami-Dade/Monroe Counties for recent cuts to
subsidized child care slots and to develop a new funding formula based on equity that considers
socio-economic variables and the number of children on the waiting list. Motion carried
unanimously.
RESOLUTION NO. 215-2012
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item Ni Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for July, 2012. The Administrator also reported that the bid
opening for the Stock Island Fire Department project is scheduled for September 20th.
COUNTY ATTORNEY
Item 01 Suzanne Hutton, County Attorney announced to the Board that Assistant County
Attorneys - Christine M. Limbert-Barrows and Nat Cassel received certification from the Florida
Bar as Board Certified Specialists in City, County and Local Government Law. Ms. Hutton
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informed the Board that Ordinance No. 038-2010 which prohibits any person to dive or snorkel
in any manmade water body or marina, or within 300 feet of an improved residential or
commercial shoreline beginning three (3) days prior to the opening of and during the entirety of
the lobster mini-season and for the first five (5) days of commercial lobster season, will sunset on
August 31, 2012. The Board authorized the County Attorney to bring the Ordinance back to the
commission to revisit. Chief Assistant County Attorney requested a Closed Session in the matter
of Echols v. Monroe County. Mr. Shillinger read the required language into the record. Motion
was made by Commissioner Carruthers and seconded by Commissioner Neugent to hold the
Closed Session at the Regular Board meeting to be held on September 20, 2012 at 1:30 PM at the
Marathon Government Center. Motion carried unanimously.
Item 03 Bob Shillinger, Chief Assistant County Attorney discussed an item approved
earlier in the day concerning approval to initiate litigation against Jean Pierre Francois Sandal,
including but not limited to foreclosing the code compliance liens on his properties located at
1311 and 1317 Calder Road in Key Largo, which arose out of code compliance cases:
CE09050055; CE09030065 and CE11020046. The Board authorized the County Attorney's
Office to prepare an appropriate agreement with Skip Ernst, who is a neighbor of the liened
property and who is under contract to purchase the lots -to clean up the property, execute a
partial release of lien with the County, and the County keeping the full lien on the current owner.
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to change the date of the regular September Board meeting scheduled for September 19,
2012 to September 20, 2012. Motion carried unanimously.
PUBLIC WORKS
Item H1 The Board discussed for direction on YMCA contract for operation of the Key
Largo Community Park and Skate Park. Project Management- Kevin G. Wilson, P.E.-Division
Director- Public Works &Engineering discussed the matter. The following individuals
addressed the Board: Steve Gimenez, Chief Operating Officer of the YMCA of Greater Miami;
Steve Rueben, General Counsel of the YMCA of Greater Miami; David Bodnar, Chief Financial
Officer for the YMCA of Greater Miami; and Peyton Tune, Executive Director for the YMCA of
Homestead. Suzanne Hutton, County Attorney discussed the matter. Staff was directed to bring
the item back to the commission at its' regular meeting on November 20, 2012 in Key Largo in
order for the audit issues to be resolved.
The Board revisited the new date of the Board's regular meeting for the month of
September. Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to change once again the date of the regular September Board meeting from September
19, 2012 to September 21, 2012. Motion carried unanimously.
COUNTY ATTORNEY
Item 04 The Board discussed a contract for legal services with the law firm of Krupnick,
Campbell Malone, et al for legal representation of the County in potential claims arising from the
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Deepwater Horizon Oil Spill. The following individuals addressed the Board: Robert J. McKee,
representing the firm Krupnick Campbell &Horan Wallace; Stuart Grossman, representing the
firm Grossman Roth; Ed Scales, representing the form Gross-Roth/Erin Gonzalez. Suzanne
Hutton, County Attorney and Bob Shillinger, Chief Assistant County Attorney discussed the
matter. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Wigington to go out for a Request for Proposals for legal representation of the
County in potential claims arising from the Deepwater Horizon BP Oil Spill. Roll call vote was
unanimous.
PUBLIC HEARINGS /GROWTH MANAGEMENT
Item P1 A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment of Fiscal Year 2012 General Fund, Fund 001, One Cent Infrastructure Surtax Fund
304, and Cudjoe Regional Wastewater Project Fund 312. There were no public speakers.
Motion was made by Commissioner Wigington and seconded by Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 216-2012
Said Resolution is incorporated herein by reference.
Item P2 A Public Hearing was held to consider an Ordinance to amend Sections 138-19,
138-25, 138-47 and 138-52 of the Monroe County Code to require the submittal of updated
building plans meeting the current Florida Building Code (FBC) and other life safety codes prior
to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Christine
Hurley, Growth Management Director discussed the matter and proposed the following two (2)
changes:
Page 3 of 14, Sec. 138-25. Application procedures for residential ROGO.
Page 7 of 14, (j) Change the last sentence in the paragraph: Such revisions
in cffcct. Such mandatory revisions and review are limited to the modifications necessary to
demonstrate compliance with the Florida Building Code in effect at the time of permit issuance.
Add an additional sentence: The is not applicable to the Land Development Code.
Page 13 of 14, Section 7. Effective Date
Strike the last sentence: This ordinance applies to any permit, and or other
development approval application submitted after the effective date.
After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Murphy to continue the hearing to the Board's regular meeting on September 21,
2012 in Marathon. Motion carried unanimously.
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Item I10 The Board discussed approval of a Resolution by the Monroe County Board of
County Commissioners amending the Building Department Fee Schedule to apply permit
application fees to total permit cost; add"or equal"to clause in technology document fee;
clarifying trimming, removal, landscaping and land clearing/grubbing application and permit
fees; and clarifying for work commencing before permit issuance, the fees in the resolution are in
addition to those after the fact fees found in Chapters 6 and 118 of the County Code of
Ordinances. Christine Hurley, Growth Management Director and Jerome Smith, Jr., Senior
Director- Building Official discussed the matter. Ms. Hurley read the following proposed
language into the record:
Page 9 of 14, Sec. 138-52. Application procedures for residential ROGO.
Page 12 of 14, (k) Change the last sentence in the paragraph: Such rcvisions
in cffcct. Such mandatory revisions and review are limited to the modifications necessary to
demonstrate compliance with the Florida Building Code in effect at the time of permit issuance.
Add an additional sentence: The is not applicable to the Land Development Code.
Public input was accepted with the following individuals addressing the Board:
Rudy Krause and Jim Saunders.
Item I10 Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to adopt the following resolution, with the following clarification provided by the
Growth Management Director:
Page 7 (g) Building Plans Review Fees:
Page 8, 4 b. Minor Revision (per discipline) Including mandatory changes per
MC Chapter 138 LDR, with no footprint or square foot change $50 per discipline.
Roll call vote was unanimous.
RESOLUTION NO. 217-2012
Said Resolution is incorporated herein by reference.
Item P3 A Public Hearing was held to consider an Ordinance to establish a new section of
the Monroe County Code, 110-144, in order to create a regulation directing Growth Management
Division staff on how to review and act upon building permit applications for a site with a known
unlawful use that is prohibited by the Land Development Code. There were no public speaker.
After discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to continue the hearing to the Board's regular meeting on September 21, 2012 in
Marathon. Motion carried unanimously
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GROWTH MANAGEMENT
Item I9 Motion was made by Commissioner Carruthers and seconded by Commissioner
Wigington setting the date, time and place for a Public Hearing to September 21, 2012
concerning the proposed abandonment of a portion of the right-of-way of Hakluyt Lane,
Cutthroat Harbor Estates, First Addition, Cudjoe Key as shown as recorded in Plat Book 5, Page
60 of the Public Records of Monroe County, Florida. Motion carried unanimously.
RESOLUTION NO. 213-2012
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Item 02 The Board discussed the advertisement of a Public Hearing to be held on
September 21, 2012 to consider an Ordinance amending Ordinance No. 017-2012 to retain the
BOCC intent in accepting language from Key Largo Wastewater Treatment District Board
members during the July 18, 2012 public hearing yet avoid the unintended consequence that such
language, as placed in the ordinance, could be interpreted to preclude use of the infrastructure
sales tax for any other public purpose than wastewater infrastructure and related debt retirement
until all wastewater infrastructure debt is retired Charlie Brooks, representing Key Largo
Wastewater Treatment District; Ray Giglio, Esq., representing Key Largo Wastewater Treatment
District. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to approve the item. Motion carried unanimously.
WASTEWATER ISSUES
Item K1 Project Management - Kevin G. Wilson, P.E.-Division Director - Public Works
&Engineering discussed Amendment 3 with Government Services Group, Inc. for the
development and administration of Non-Ad Valorem Assessment Program. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting
approval and authorizing execution of item. Motion carried unanimously.
Item K2 Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval and authorizing execution approval of refund of excess payments
made by property owners for the following properties described by parcel number
00379190-000000, and 00121950-000100 due to errors in code classifications on property cards
and changes to the Big Coppitt/Duck Key non-ad valorem wastewater assessments, with the
refunds being in the amounts of$882.00 to owner of parcel number 00379190-000000 and
$1764.00 to the owner of parcel number 001211950-000000. Motion carried unanimously.
Item K3 Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent granting approval and authorizing execution of a 4th Amendment to the Conch
Key/Duck Key Interlocal Agreement to advance of the sum of one million dollars ($1,000,000)
for construction of County owned segments of the Duck Key wastewater project. Motion
carried unanimously.
2012/180
Item K4 Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval and authorizing execution of a 5th Amendment to Cudjoe Regional
Interlocal Agreement to advance of the sum of nine hundred fifty thousand dollars ($950,000) for
planning, design and contracting for the Cudjoe Regional wastewater project. Motion carried
unanimously.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the scheduling of a
Special BOCC meeting to discuss the Grand Jury Report concerning I-phones and I-pads. The
Mayor called a Special Meeting to be held on September 10, 2012 at 3:00 p.m., to discuss the
issue.
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
jpeduLe e.
Isabel C. DeSantis, Deputy Clerk