12/12/2012 Regular 2012/267
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 12, 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 Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner George Neugent and Mayor David Rice. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Bob Shillinger, County Attorney; Amy Heavilin, County Clerk Ad Interim; Pamela Hancock,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Rice and seconded by Commissioner
Kolhage granting approval of the Additions, Corrections and Deletions. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval of the following items by unanimous consent:
Item Cl Board granted approval and authorized execution of an Agreement with Statewide
Guardian Ad Litem Office for Reimbursement of Case Coordinator Services to provide funding
for Case Coordinator position, for time period July 1, 2012 through June 30, 2013 (State FY
2013).
Item C2 Board granted approval and authorized execution of an Agreement with Statewide
Guardian Ad Litem Office to provide funding to pay for salary and benefits for a Senior
Administrative Assistant position.
Item C3 Board granted adopted the following Resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue:
Transfer of Funds (OMB Schedule Item No. 1)
RESOLUTION NO. 365-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
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RESOLUTION NO. 366-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 367-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 368-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 369-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 370-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 371-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 372-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 373-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 374-2012
Said Resolution is incorporated herein by reference.
Item C4 Board granted approval for the Mayor to execute the Certificate of Acceptance of
Sub -grant Award for Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill
Adults with Criminal and Substance Abuse Histories Program, using funds provided under the
FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1,
2012 through September 30, 2013.
Item C5 Board granted approval and authorized execution of the Memorandum of
Understanding with Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill
Adults with Criminal and Substance Abuse Histories Program, for the period from October 1,
2012 through September 30, 2013.
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Item C6 Board granted approval for the Mayor to execute the Certificate of Acceptance of
Sub -grant Award for the Samuel's House Court- Mandated Services and Substance Abuse Case
Management and Drug Testing Program using funds provided under the FDLE Edward Byrne
Memorial Justice Assistance Grant program, for the period from October 1, 2012 through
September 30, 2013.
Item C7 Board granted approval and authorized execution of the Memorandum of
Understanding with Samuel's House Court Mandated Services and Substance Abuse Case
Management and Drug Testing Program, for the period from October 1, 2012 through September
30, 2013.
Item C10 Board granted approval of a request to issue a competitive solicitation (RFS) for
review and evaluation of EMS ground and air rescue transport billing and collections.
Item C11 Board granted approval and authorized execution of Modification #1 to delete
original Attachment C (Program Conditions) and incorporate revised Attachment C to
Emergency Management Performance Grant FY12 Federally Funded Subgrant Agreement
13- FG- 86- 11 -54 -01 -111 in the amount of $65,152.00, fully grant funded and no county match,
and authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Item C13 Board granted approval and authorized execution of Amendment 3 to the Joint
Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the Tom's
Harbor Channel Bridge Project to extend the term of the JPA to expire on November 30, 2013.
Item C14 Board granted approval and authorized execution of Amendment 1 to the Task
Order with AMEC Environment & Infrastructure, Inc. (Amec) for Construction Engineering and
Inspection Services for the Tom's Harbor Channel Bridge Project to extend the completion date.
Item C15 Board granted approval and authorized execution of Amendment 1 to the Task
Order with EAC Consulting, Inc. for design and permitting services for the CR 905 bike lane
project to add additional geotechnical engineering services to the scope of services. The
additional services result in a fee increase of $13,876.80.
Item C17 Board granted approval and authorized execution of a First Amendment to
Agreement with Pedro Falcon Electrical Contractor's, Inc. for the Americans with Disabilities
(ADA) Compliance, Segment #3.
Item C18 Board granted approval of receipt of monthly report on change orders reviewed by
the County Administrator's Office. Said report is incorporated herein by reference.
Item C20 Board granted approval of the request to apply for a Florida Department of
Transportation (FDOT) Section 5310 Grant for the purpose of purchasing vehicles to serve the
transportation needs of the elderly and persons with disability in Monroe County.
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Item C21 Board granted approval to advertise a Public Hearing for the January 16, 2013
Board of County Commissioners meeting to be held in Key West. The Public Hearing is to
satisfy public input grant application requirements and to consider approval of a Resolution
authorizing the signing and submission for a Florida Department of Transportation (FDOT)
Section 5310 Capital Assistance Grant for the purpose of purchasing a para - transit vehicle (bus)
to serve the transportation needs of the elderly and persons with disabilities in Monroe County
and acceptance of any subsequent grant awards.
Item C22 Board granted approval and authorized execution of a Amendment to Extend the
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 C23 Board granted approval and authorized execution of the 2013 Vendor Agreement
between Monroe County Social Services and Newtrition Concepts, Inc.
Item C24 Board granted approval and authorized execution of Amendment 001 to 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 January 1, 2012
to December 31, 2012.
Item C25 Approval of Amendment #005 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 the current contract
period of January 1, 2012 to December 31, 2012.
Item C26 Board granted approval and authorized execution of Amendment #006 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 the current contract period of January 1, 2012 to December 31, 2012.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Amendment to Agreement
with Saltwater Fishing Connection LLC to revise name of the Jim Bokor Islamorada All Tackle
Bonefish Tournament to the Jim Bokor Islamorada All Tackle Bonefish and Redfish Shootout.
Item D2 Board granted approval and authorized execution of an Amendment to Agreement
with The Key West Harry S Truman Foundation, Inc. to extend termination date to December 31,
2012 to allow for submission of invoices for work completed prior to the original termination
date of September 30, 2012.
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Item D3 Board granted approval and authorized execution of an Amendment to
Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament to extend
termination date for submission of invoices to January 31, 2013.
Item D4 Board granted approval and authorized execution of an Amendment to Agreement
with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Dolphin
Tournament to change date of event from June, 2013 to May, 2013.
Item D6 Board granted approval of one "At Large" appointment to the Tourist
Development Council District III Advisory Committee. The appointment is William Ehrhorn
who is replacing Melanie Elder who resigned.
DIVISION OF GROWTH MANAGEMENT
Item Jl Board adopted the following Resolution adopting changes to the Local Housing
Assistance Plan Incentive Strategies required in order to receive State Housing Initiatives
Partnership (SHIP) funds.
RESOLUTION NO. 375-2012
Said Resolution is incorporated herein by reference.
Item J2 Board granted approval of substitution of Pumpout USA, Inc. for National Marine
Waste Foundation, Inc. as the provider of services in the Agreement for Keys -Wide Mobile
Vessel Pumpout Service, and granted approval and authorized execution of the Agreement with
Pumpout USA, Inc. for Keys -Wide Mobile Vessel Pumpout Service, and approval that there be
no new RFP issued at this time.
MONROE COUNTY SHERIFF DEPARTMENT
Item L1 Board granted approval of a request for expenditure from the Law Enforcement
Trust Fund, as follows:
$3,500.00 Monroe County Sheriffs Office: to help the MCSO Animal Farm with
items needed to continue "Easter on the Farm" and "Christmas on the Farm" for the year 2013.
COMMISSIONERS' ITEMS
Item M1 Board granted approval of Commissioner Carruthers to re- appoint Ken Naylor
(affordable housing for - profit developer) to the Monroe County Affordable Housing Committee
in that the expiration of the appointment coincides with the appointing Commissioner's term.
Item M2 Board granted approval of Commissioner Murphy's appointment of Ron Miller to
the Monroe County Planning Commission, term to expire between November 2016 and February
2017.
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Item M3 Board granted approval of Commissioner Murphy's re- appointment of Bill Loewy
to the Monroe County Shared Asset Forfeiture Committee, term to expire on December 12, 2014.
Item M4 Board granted approval of Commissioner Rice's re- appointment of RaiEtte Avael
to the Human Services Advisory Board for a full two -year term through December 12, 2014.
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners minutes
from the October 17, 2012 Regular Meeting (previously distributed).
Item N3 Board granted approval of the following Warrants (107227- 107237 &
581886- 582492: General Fund (001), in the amount of $667,255.12; Fine & Forfeiture Fund
fi
(101), in the amount of $72,039.58; Road and Bridge Fund (102), in the amount of $17,434.79;
TDC District Two Penny (115), in the amount of $162,232.74; TDC Admin. & Promo 2 Cent
(116), in the amount of $676,887.26; TDC District 1,3 Cent (117), in the amount of
$148,002.46; TDC District 2,3 Cent (118), in the amount of $14,742.92; TDC District 3,3
Cent (119), in the amount of $32,408.31; TDC District 4,3 Cent (120), in the amount of
$17,147.62; TDC District 5,3 Cent (121), in the amount of $27,209.65; Gov. Fund Type
Grants (125), in the amount of $198,861.30; Impact Fees Roadways (130), in the amount of
$141,028.31; Fire & Amb District 1 L &M Keys (141), in the amount of $38,384.44; Upper
Keys Health Care (144), in the amount of $463.95; Uninc Svc Dist Parks & Rec (147), in the
amount of $43,508.30; Plan, Build, Zoning (148), in the amount of $153,078.59; Municipal
Policing (149), in the amount of $59,051.79; Duck Key Security (152), in the amount of
$3,968.00; Boating Improvement Fund (157), in the amount of $43,791.85; Misc. Special
Revenue Fund (158), in the amount of $12,863.36; Environmental Restoration (160), in the
amount of $4,377.95; Court Facilities Fees -602 (163), in the amount of $105,329.34; Building
Fund (180), in the amount of $1,990.73; 1 Cent Infra Surtax (304), in the amount of $1,519.79;
INFR Sle Srtx Rev Bds2007 (308), in the amount of $8.975.36; Card Sound Bridge (401), in
the amount of $2,283.92; Marathon Airport (403), in the amount of $67,208.86; Key West
Intl. Airport (404), in the amount of $876,686.11; KW AIP Series 2006 Bonds (405), in the
amount of $5,055.50; MSD Solid Waste (414), in the amount of $745,001.24; Worker's
Compensation (501), in the amount of $234,887.99; Group Insurance Fund (502), in the
amount of $580,479.11; Risk Management Fund (503), in the amount of $18,494.30; Fleet
Management Fund (504), in the amount of $54,823.95; Fire &EMS LOSAP Trust Fund
(610), in the amount of $2,325.00.
Item N4 Board granted approval of Tourist Development Council Expenditures for the
month of November 2012: Advertising, in the amount of $570,458.43; Bricks & Mortar
Projects/Interlocal, in the amount of $116,520.57; Visitor Information Services, in the amount
$75,524.33; Events, in the amount of $65,653.48; Office Supplies & Oper Costs, in the amount
of $12,263.99; Public Relations, in the amount of $102,295.11; Sales & Marketing, in the
amount of $92,189.26; Telephone & Utilities, in the amount of $10,955.04; Travel, in the
amount of $18,192.53.
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Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
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Item N6 Board granted approval of the Public Official Bond for Amy Heavilin, Clerk Ad
Interim.
COUNTY ADMINISTRATOR
Item 05 Board granted approval of the re- appointment of Bert Bender in the category of
Professional to the Historic Preservation Committee for a three year term.
Motion carried unanimously.
STAFF REPORTS
Item El Peter Horton, Director of Airports announced that this Saturday, December 15th,
at 11:30 a.m. would be the first legal flight to Cuba in 52 years operated by Golden Air Charters.
Mr. Horton also announced that he has the $650,000 grant for half of the cost of the Marathon
Customs Facility. Arturo Ortiz, representing Golden Air Charters addressed the Board. Mr.
Ortiz advised the Board that the first legal flight to Cuba may take place on December 22nd in
the event that there is not final approval in time for the December 15th flight. Mr. Horton also
announced that on December 22nd there will be the first arriving flight from New York on Delta
and the first arriving flight non -stop from Washington, D.C.
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 Mayor George Neugent, Commissioner David P. Rice, and
Councilman Clark Snow. Absent was Mayor Norman Anderson.
Item G2 Motion was made by Councilman Snow and seconded by Commissioner Rice
granting approval of a request to issue a competitive solicitation (RFS) for review and evaluation
of EMS ground and air rescue transport billing and collections. Motion carried unanimously.
Item G1 Chief James Callahan, Fire Rescue addressed the Board concerning the accident
that happened the night before (December 11, 2012).
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Chief Callahan discussed the three heliports at the hospitals.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I was adjourned.
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The Board of County Commissioners meeting reconvened with all commissioners
present.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice abstained from voting on the following two items due to a
conflict of interest:
Item C8 Authorization for the Mayor to execute the Certificate of Acceptance of Sub -grant
Award for the Guidance /Care Center Male Jail In -House Program (Traditionally funded by
RSAT), using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant
program, for the period from October 1, 2012 through September 30, 2013.
Item C9 Authorization for the Mayor to execute the Memorandum of Understanding wit h
Guidance /Care Center Male Jail In -House Program (Traditionally funded by RSAT), for the
period from Oct 1, 2012 through Sept 30, 2013.
Motion was made by Commissioner Murphy and seconded by Commissioner
Kolhage granting approval and authorizing execution of the above two items. Motion carried
unanimously, with Commissioner Rice abstaining.
Item C16 Kevin Wilson, Senior Director of Engineering addressed the Board concerning
approval of a contract with MBI/K2M Architecture, Inc for the Development of Monroe County
Space Planning/Facilities Assessment Report. After discussion, motion was made by Mayor
Neugent and seconded by Commissioner Rice granting approval and authorizing execution of the
item. Motion carried unanimously. Roman Gastesi, County Administrator and Bob Shillinger,
County Attorney addressed the Board.
COUNTY ADMINISTRATOR
Item 04 State Representative Holly Merrill - Raschein updated the Board on the 4th Annual
Florida Keys Day to be held April 23, 2013 in Tallahassee, FL. Representative Merrill - Raschien
announced a Town Hall Meeting on December 17, 2012 at the Marathon Government Center at
5:30 p.m., and that she will probably have one in Homestead after the first of the year. Roman
Gastesi, County Administrator addressed the Board.
MISCELLANEOUS BULK APPROVALS
Item C19 Kevin Wilson, Senior Director of Engineering addressed the Board concerning
adoption of a Resolution of the Board of County Commissioners of Monroe County, Florida
authorizing the transfer certain eligible activities presently under 2008 CDGB Disaster
Recovery awards to the Small Cities 2010 CDBG award, to create and fund a new SHIP strategy
for sewer connections as a contingency in the event that demand for funding exceeds CDBG
funding available and to encumber Monroe County SHIP funds for this purpose. The resolution
allows staff to prepare documents requesting transfer of eligible activities, and providing for an
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effective date. John O'Brien, representing the Monroe County Housing Authority addressed the
Board. After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 376-2012
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Item D5 Announcement of one vacant position on the Tourist Development Council
District V Advisory Committee for one "At Large" appointment.
COUNTY ADMINISTRATOR
Item 03 Peggy Mathews, representing Mathews /Webster Consulting gave a presentation
update on the Oil Spill Commission/RESTORE Act. Roman Gastesi, County Administrator
addressed the Board.
Item 08 Roman Gastesi, County Administrator and Bob Shillinger, County Attorney
addressed the Board concerning approval of Agreement with William J. Peebles, P.A., for
professional consulting services involving resources and ecosystems sustainability, tourist
opportunities, revived economies under the Gulf Coast State Act of 1012 (RESTORE Act),
issues regarding wastewater funding, and other issues as assigned by the County Administrator,
including lobbying, for a three -year term ending December 31, 2015. After discussion, motion
was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of
the item contingent upon limiting the county's liability at $25,000.00 per year. The Board
discussed that the remainder of the compensation should be paid by other governmental entities
in the Florida Keys pursuant to a separate agreement between the County and those entities.
Roll call vote carried unanimously. John Wayne Smith, representing William J. Peebles, P.A.
addressed the Board.
Item 01 Roman Gastesi, County Administrator referred the Board to the County Divisions'
Monthly Activity Report for November, 2012, dated November 27, 2012.
Item 02 Board discussed and approved the 2013 appointments of Commissioners to
various duties. Said list of appointments is attached hereto. Roman Gastesi, County
Administrator addressed the Board.
ENGINEERING
Item H1 Harold Desdunes, P.E. and Linda Johnson, representing the Florida Department of
Transportation made a presentation of the Florida Department of Transportation (FDOT)
Tentative Five Year Work Program for Fiscal Years 2013 -2014 through 2017 -2018. Alicia
Putney addressed the Board. Roman Gastesi, County Administrator addressed the Board
concerning the Old Seven Mile Bridge.
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DIVISION OF GROWTH MANAGEMENT
Item K2 Christine Hurley, Growth Management Director addressed the Board. Patricia
Smith, Transportation Planning Manager addressed the Board and introduced Rajendran
Shanmugam, P.E. representing URS Southern Corporation. Mr. Shanmugam made a
presentation regarding the results of the 2012 US 1 Arterial Travel Time and Delay Study.
Mayte Santamaria, Assistant Director Planning & Environmental Resources addressed the Board.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Rice authorizing the Mayor to send a letter to the Florida Department of Transportation
recommending everything that was printed in green in the study, as follows: 1) Explore
improvements to county roads that could help increase LOS on US1; 2) Continue coordination
efforts with FDOT to enhance signal hardware, software, and timing to improve traffic flow
along US1; 3) Continue coordination efforts with FDOT to address inadequate LOS in
conjunction with FDOT work program projects; 4) Discourage additional signalized intersections
along US1; 5) Require developers to make LOS improvements as part of the development
process in areas of inadequate capacity; and 6) Revise Section 114 -2 to require area wide LOS C
only (delete segment requirement). Motion carried unanimously.
ENGINEERING
Item H1 Judy Hull read a statement from Terri Strickland, President of the Florida Keys
Scenic Corridor, into the record concerning the Florida Department of Transportation
presentation of the Florida Department of Transportation (FDOT) Tentative Five Year Work
Program for Fiscal years 2013 -2014 through 2017 -2018.
COUNTY ADMINISTRATOR
Item 06 Kelly McKinnon, Executive Director of Pigeon Key made a presentation of the
Pigeon Key Foundation's Annual Report.
COMMISSIONERS' ITEMS
Item M5 Board discussed requesting favorable consideration to waive and exempt the
Pigeon Key Foundation from having to carry the high cost of Wind, Flood and Fire Insurance
premiums on buildings the county owns. Roman Gastesi, County Administrator and Teresa
Aguiar, Director Employee Services addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Roll
call vote was unanimous. Bob Shillinger, County Attorney advised the Board that he will bring
back to the Board a Lease Amendment to reflect the Boards action on this item.
STAFF REPORTS
Item E5 Kevin Wilson, Senior Director of Engineering advised the Board that the current
CDBG Grants for sewer funds expire next year and that he anticipates receiving additional
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money for the Cudjoe area. Mr. Wilson also advised the Board that the last part of the Cudjoe
bids was opened and the low bid/number for the outer islands was under $8 million dollars.
COUNTY ADMINISTRATOR
Item 07 Bob Ward, Director of Information Technology addressed the Board concerning
the status update regarding the County Administrator's Response to the Audit Report for
iPhones /IPads.
COUNTY ATTORNEY
Item P1 Bob Shillinger, County Attorney advised the Board that he had inserted the
following language into the Agreement with William J. Peebles, P.A.: "Notwithstanding the
foregoing, Monroe County's liability under the agreement is capped at $25,000.00 per year. The
remainder of the compensation shall be paid by other governmental entities in the Florida Keys
pursuant to a separate agreement between the County and those entities" and that Mr. Peebles
had advised him that the language was acceptable. Mr. Shillinger also advised the Board that he
intends to schedule all future Closed Sessions for the same time.
Mr. Shillinger read the required language into the record concerning his request to
hold a closed session regarding the current litigation in the matter of Galleon Bay Corporation
vs. Monroe County and State of Florida, Case No. 02- CA -595K Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to hold the closed session at
the regularly scheduled meeting set for January 16, 2013 at 1:30 p.m. Motion carried
unanimously.
Mr. Shillinger read the required language into the record concerning his request to
hold a closed session regarding the current litigation in the matter of Christina Keegan vs.
Monroe County, Case No. 09 -CA- 893 -P. Motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy to hold the closed session at the regularly scheduled meeting
set for January 16, 2013 at 1:30 p.m. Motion carried unanimously.
COUNTY ATTORNEY
Item P2 Motion was made by Mayor Neugent and seconded by Commissioner Murphy
granting approval for the County Administrator to sign collective bargaining agreement with
IAFF Local 3909, Units One and Two, including terms agreed to by the parties and disputed
impasse issues resolved the BOCC. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C12 Board discussed approval to amend the employment agreement of Carol Schreck
as Executive Assistant to Commissioner Heather Carruthers, and authorization for County
Administrator to execute the amended agreement. Bob Shillinger, County Attorney; Teresa
Aguiar, Director Employee Services; and Roman Gastesi, County Administrator addressed the
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Board. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Rice granting approval of the item. Roll call vote was taken with the following
results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Neugent No
Motion carried.
CLOSED SESSION
Item I1/12 Bob Shillinger, County Attorney requested that the following two items be
postponed until the January meeting:
Item I1 Attorney - Client Closed Session in the matter of Monroe County Board of County
Commissioners vs. Gonzalez Architects, et al Case No. 07- CA- 1428K.
Item 12 Attorney - Client Closed Session in the matter of The Morganti Group, Inc. v.
Monroe County, Case No.: 2011 -CA- 892 -K.
Motion was made by Commissioner Rice and seconded by Commissioner Murphy
to postpone the items to the January 16, 2013 meeting at 1:30 p.m. Motion carried unanimously.
Item I3 Bob Shillinger, County Attorney read the required language into the record
concerning the Attorney - Client Closed Session in the matter of Monroe County v. Utility Board
of the City of Key West, dba Keys Energy Services, Case No.: CA-K-12-549; Roemmele- Putney,
et al. v. Monroe County, et al., Case No.: 3D12 -333, Lower Tribunal Case No.: CA -K -11 -342;
Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No.:
120054 -EM; an Administrative Appeal by James D. Newton re: Property at 2047 Bahia Shores
Road, No Name Key, Planning Dept. File No 2012 -096.
DIVISION OF GROWTH MANAGEMENT
Item K1 Christine Hurley, Growth Management Director discussed with the Board the Key
Largo Wastewater Treatment District CR -905 improvement project relative to the Coastal Barrier
Resources System (CBRS) Unit #FL -35. Bob Shillinger, County Attorney addressed the Board.
The following individuals addressed the Board: Alicia Roemmele- Putney, representing the Solar
Community of No Name Key; Naja Girard, Captain Ed Davidson, Florida Keys Citizens
Coalition; Margaret Blank, General Manager of the Key Largo Wastewater Treatment District;
Ray Giglio, Key Largo Wastewater Treatment District; Andrew Tobin, Commissioner - Key
Largo Wastewater Treatment District; Sloan Bashinsky, Barton Smith, representing Bob & Julie
Reynolds and Deb Curlee. Board directed staff not to send the letter dated November 27, 2012,
{
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from Townsley Schwab to Margaret Blank, General Manager of the Key Largo Wastewater
Treatment District concerning the CR -905 Project until the federal funding issues are answered
and documented.
COUNTY ATTORNEY
Item P3 Bob Shillinger, County Attorney gave a summary on the following settlement
proposals in the matters of Monroe County v. Utility Board of the City of Key West, dba Keys
Energy Services, Case No. CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al.,
Case No. 3D12 -333, Lower Tribunal Case No. CA -K -11 -342; Reynolds v. Utility Bd. of the City
of KW, dba Keys Energy Services, PSC Docket No. 120054 -EM; An Administrative Appeal by
James D. Newton re: Property at 2047 Bahia Shores Road, No Name Key, Planning Dept. File
No. 2012 -096. The following individuals addressed the Board: John Morris, Hans Wernsen,
Deb Curlee, Naja Girard, representing Last Stand; Bill Hunter, Sloan Bashinsky, Kandy Kimble,
Robert Barber, Hallett Douville, Jim Newton, Kathy Brown, representing No Name Key Property
Owner's Association; Beth Ramsey - Vickery, Kristie Killam, Karen Phillipp, Douglas Phillipp,
Anne Press, Alicia Roemmele- Putney, representing Solar Community of No Name Key; Joyce
Clark Newman, Bart Smith, representing Robert & Julianne Reynolds and James & Ruth
Newton; Dave Eaken and Andrew Tobin. Christine Hurley, Growth Management Director and
Roman Gastesi, County Administrator addressed the Board. After discussion, motion was made
by Commissioner Kolhage and seconded by Commissioner Carruthers directing staff to request
Keith & Schnars, P.A. conduct an analysis of: 1) The percentage of land and number of parcels
within the Coastal Barrier Resource System (CBRS) areas that are designated Tier I or other
Tiers such as: II, III, or IIIA; 2) Whether extension of infrastructure to outlying neighborhoods or
other platted areas increases a parcel's likelihood of being able to obtain a favorable
recommendation, based on the existing tier criteria, to change a tier classification from Tier I to
Tier II, III, or IIIA; and 3) Review the data from 1 & 2 above and the existing Comprehensive
Plan policies and/or Land Development Code provisions related to CBRS and determine whether
the existing CBRS policies add any additional protection to land over and above those policies
and code provisions that govern Tier 1 land. Motion carried unanimously.
PUBLIC HEARINGS
Item R1 A Public Hearing was held to consider adoption of an Ordinance by the Monroe
County Board of County Commissioners amending the Tier Overlay District (zoning) Map
designation for property owned by Seacamp, having Real Estate Numbers 00112030- 000000,
00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00246980 - 000000, 00246990 - 000000,
00247140 - 000000, 00247150- 000000, 00247160 - 000000, 00247170 - 000000, and
00247180- 000000 from undesignated and Tier I to Tier III (2nd of 2 public hearings). There was
no public input. Motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 039-2012
Said Ordinance is incorporated herein by reference.
2012/280
Item Q1 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
to postpone the Public Hearing to consider adoption of an Ordinance amending Monroe County
Code Section 26 -1, to reinsert the definition for "Commercial Lobster Season" that was
inadvertently omitted upon adoption of Ordinance 002 -2011 on 1/19/2011; amending Section
26 -96 adding language to provide for enforcement of this section in incorporated and
unincorporated Monroe County to the extent that no conflict exist with a municipal ordinance;
and deleting Section 26 -98(c) to remove the sunset date of 8/31/2012 to continue the prohibition
against diving or snorkeling in any manmade water body or marina, or within 300 ft. 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 to the January 16, 2013 meeting in Key West. Motion carried unanimously.
Item Q2 A Public Hearing to consider a request for Administrative Relief for John W. &
Glenda Akins and John K. Akins R/S on Lots 21 & 22, Block 1, Doctors Arm, Big Pine, Real
Estate Number 00310220.0000000. Applicants requested relief in the form of returning flood
zone points or an allocation award. Susan Grimsley, Assistant County Attorney addressed the
Board. Banks Prevatt, representing Carlayne Holloway addressed the Board. Christine Hurley,
Growth Management Director addressed the Board. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Rice to restore the points. Motion
carried unanimously.
Item Q3 -Q5 Motion was made by Commissioner Rice and seconded by Commissioner
Kolhage to restore the points on the following three items:
Item Q3 A Public Hearing to consider a request for Administrative Relief for John W. &
Glenda Akins and John K. Akins R/S on NLY 51.5 FT of Lot 26 and all Lot 27, Block 1, Doctors
Arm, Big Pine Key, Real Estate Number 00310280.0000000. Applicants requested relief in the
form of returning flood zone points or an allocation award.
Item Q4 A Public Hearing to consider a request for Administrative Relief for John W. &
Glenda Akins and John K. Akins R/S on NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26,
Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310260.0000000. Applicants
requested relief in the form of returning flood zone points or an allocation award.
Item Q5 A public hearing to consider a request for Administrative Relief for John W. &
Glenda Akins and John K. Akins R/S on Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm,
Big Pine Key, Real Estate Number 00310240.0000000. Applicants requested relief in the form
of returning flood zone points or an allocation award.
Christine Hurley, Growth Management Director and Banks Prevatt, representing the Carlayne
Holloway address the Board. Roll call vote was unanimous.
Item Q6 A Public Hearing to consider a request for Administrative Relief for Angela R.
Wittke on Lot 4, Block 7, Ramrod Shores Marina Sec., Ramrod, Real Estate Number
00210811.009500. Christine Hurley, Growth Management Director addressed the Board. The
2012/281
following individuals addressed the Board: Andrew Tobin, Angela Wittke and Dean Parkinson.
Susan Grimsley, Assistant County Attorney addressed the Board. Motion was made by
Commissioner Kolhage and seconded by Commissioner Rice granting approval of staff
recommendation that administrative relief be awarded in the form of a purchase offer by Monroe
County Land Authority. Roll call vote was unanimous.
RESOLUTION NO. 377
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Amy Heavilin, Clerk Ad Interim
and ex- officio Clerk Ad Interim to the
Board of County Commissioners
Monroe County, Florida
G/ ' A
Pamela G. ancock, D.C.
2012/282
2013 ORGANIZATION FOR ROTATIONAL COMMISSIONER ATTENDANCE:
1. Library Advisory Board
a. March - Neugent (3/05/13 — Marathon EOC Joint & Regular)
b. April - Rice (4/16/13 — Islamorada Library)
c. June - Carruthers (6/25/13 — Key West Library)
d. August - Neugent (8/27/13 — Marathon Library)
e. October - Murphy (10/22/13 — Key Largo Library)
f. December - Kolhage (12/17/13 — Big Pine Key Library)
*At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to
the meeting area nearest them. All meetings begin at 10:30 AM.
2. Older American Advisory Board
a. January 3, 2013 - Neugent
b. February 7,2013 - Rice
c. March 7, 2013 - Carruthers
d. April 4, 2013 - Kolhage
e. May 2, 2013 - Murphy
f. June 6, 2013 - Neugent
g. July - OAAB Vacation (each year)
h. August - OAAB Vacation (each year)
i. September - OAAB Vacation (each year)
j. October 3, 2013 - Rice
k. November 7, 201 3 - Carruthers
1. December 5, 2013 - Kolhage
* All meetings are held at the Marathon Library starting at 10:00 A.M.
2012/283
VARIOUS OTHER APPOINTMENTS/NOTES
Rural Health Network
Commissioner Murphy was appointed 12/17/08. Terms have no expiration dates.
Early Learning Coalition (ELC) Board of Miami - Dade/Monroe Counties
Commissioner Carruthers was appointed 4/18/12.
Industrial Development Authority
Chairperson — George Neugent
Vice - Chairperson — Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia J. Murphy
• COMMISSIONER MURPHY to represent the Board on issues concerning
highway safety and beautification, including the 18 Mile Stretch of U.S. 1
and to be our State and Federal government liaison on these issues.
• COMMISSIONER RICE to serve with the Florida Commission on
Veterans Affairs.
• COMMISSIONER RICE to be the Board's liaison (point person) for
wastewater issues.
• COMMISSIONER CARRUTHERS to be the Board's liaison with Senator
Bullard.
• COMMISSIONER MURPHY to serve as a representative on a working
group to address hurricane evacuation in the Florida Keys.
• COMMISSIONER KOLHAGE as the point person between the Board of
County Commissioners and the Navy with regards to Navy related issues.
• COMMISSIONER NEUGENT to serve as director to represent the
County in the Gulf Consortium. Commissioner Rice is to serve as the
alternate director.
2012/284
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