03/20/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 20, 2013
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 David P. Rice and Mayor George Neugent. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Bob Shillinger, County Attorney; 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
Murphy granting approval of the Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Years of Service Award for 15 years of service to Joe Stickney,
Supervisor Constriction Inspector, Engineering Department.
Item B2 Presentation of Mayor's Proclamation declaring April 9, 2013 as Mayors Day of
Recognition for National Service in Monroe County.
Item B3 Presentation of Mayor's Proclamation declaring the month of April, 2013 as Fair
Housing Month in Monroe County.
Item B4 Recognition of Donald Lanman for his outstanding efforts on the South Florida
Workforce Investment Board, and award of an Honorary Conch certificate.
BULK APPROVALS
Motion was made by Mayor Neugent and seconded by Commissioner Murphy granting
approval of the following items by unanimous consent:
Item C 1 Board granted approval to enter into a Lease Extension with Seashime II LLC,
due to ongoing constriction at the Conch Key Fire Station 417, for Trailer 43 (Raptor) at 2 N.
Conch Ave, Conch Key, Florida for the housing of firefighters assigned to Station 417,
continuing the same $950.00 /month rate, including utilities, for a one (1) month period from
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April 14, 2013 to May 13, 2013, and authorization for the Fire Chief to execute all necessary
documents.
Item C2 Board granted approval of the Issuance (renewal) of Certificate of Public
Convenience and Necessity (COPCN) to the City of Marathon Fire Rescue for the operation of
an ALS transport ambulance service for the period April 15, 2013 through April 14, 2015.
Item C3 Board granted approval to renew the current Contract with Aetna Behavioral
Health, LLC d /b /a Aetna Resources for Living (formerly known as Horizon Health) for one year
with the same terms and conditions.
Item C5 Board granted approval of Revised Agreement with Sheriff Richard A. Ramsey to
provide office space to the Monroe County Sheriffs Department at the Murray E. Nelson
Government and Cultural Center in Key Largo, FL.
Item C7 Board granted approval of a Participating Addendum under the Western States
Contracting Alliance Wireless (WSCA) Communication Services and Equipment Bid Number
RFP: 4S 1907 between Monroe County BOCC and AT &T Mobility National Accounts LLC for
cellular telephone voice, data and other services at a cost of $106,384.00 per year.
Item C8 Board granted approval to enter into an addendum agreement "Addendum
Agreement Modifying Existing Pricing Schedule 1 2033 -01" to our Master Service
Agreement 20101222025BUA as shown in case 4 1 7 1-13- 0854 -00 which includes an additional
location at 801 Eisenhower Avenue in Key West, FL, at a speed of 50 Mb /s, to our existing
Metro Ethernet wide area network agreement.
Item C 11 Board granted approval to execute Consent to Assignment to assign Contract
between Monroe County and Oc6 Financial Services, Inc. for financing of lease for Colorwave
300 plotter to Canon Financial Services, Inc.
Item C 12 Board granted approval to execute Consent to Assignment to assign Contract
between Monroe County and Oc6 North America, Inc. for maintenance of Colorwave 300 plotter
to Canon Solutions America, Inc.
Item C 13 Board granted approval to execute Addendum to Lease Agreement 4 200-
5031993 -000 between Monroe County and Canon Financial Services, Inc. (successor in interest
to Oce Financial Services, Inc.), in order to change effective date from 1/1/2013 to 2/1/2013 and
in order to change expiration date from 1/1/2018 to 2/1/2018.
Item C 15 Board granted approval of the receipt of monthly report on change orders
reviewed by the County Administrator's Office. Said report is incorporated herein by reference.
Item C 16 Board granted approval for County Administrator to execute the Grant Agreement
between the State of Florida and Monroe County for the Fiscal Year 2013 Mayfield grant for the
Cudjoe Regional Wastewater System.
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Item C 17 Board adopted the following Resolution pledging revenues to repay the State
Revolving Fund (SRF) loan for the Cudjoe Regional Wastewater Treatment project as described
in the Facilities Plan, designating the County Administrator as Authorized Representative for the
purposes of executing the loan agreement and carrying out responsibilities related to the loan
agreement (including requesting loan disbursements, providing assurances, and submitting the
loan application) as required by Part IV of the State Revolving Loan Program for Point Source
Water Pollution Control Loan Application.
RESOLUTION NO. 095 -2013
Said Resolution is incorporated herein by reference.
Item C 18 Board adopted the following Resolutions for the Transfer of Funds and the
Receipt of Unanticipated Funds:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 096 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 097 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 098 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 099 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 100 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 101 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 102 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 103 -2013
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 104 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 105 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 106 -2013
Said Resolution is incorporated herein by reference.
Item C 19 Board granted approval of a one year Contract with eCivis Grants Network to
assist Monroe County with grants research.
Item C20 Board granted approval of the proposed Fiscal Year 2014 Budget. Said timetable
is attached hereto.
Item C21 Board granted approval of Supplemental Joint Participation Agreement Number
One for Contract 4AQE35 by and between the State of Florida Department of Transportation and
Monroe County -Key West International Airport, to fiind Terminal Expansion (Custom Project)
at the Florida Keys Marathon Airport.
Item C22 Board granted approval of a temporary month -to -month lease to Evan Doumis,
Joy Doumis and Brad Neat for a biplane ride operation at the Florida Keys Marathon Airport.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with University of
Florida Alumni Association, Inc. Key West Gator Club to change name of event from "Key
West Marathon" to Southernmost Marathon.
Item D2 Board granted approval of an Amendment to Agreement with Murray Marine,
Inc. covering the Key West Harbour King Mackeral Tournament in January, 2013, to revise
Exhibit D due to scrivener's error in the line item budget.
Item D4 Announcement of one vacant position on the Tourist Development Council
District III Advisory Committee for one "At Large" appointment.
DIVISION OF GROWTH MANAGEMENT
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Item I2 Board granted approval of award of Contract to Metric Engineering, Inc. for the
project management of a habitat restoration project within Dagny Johnson Key Largo Hammock
Botanical State Park as mitigation for the constriction of the Key Largo Wastewater Treatment
District wastewater treatment plant.
Item I3 Board granted approval of Amendment No. 1 to the December 12, 2012
Agreement with Pumpout USA, In. for Keys -Wide Mobile Vessel Pumpout Service, providing
for deletion of Section XIL Donations and Grants, and inclusion of Attachment H- Contract
Provisions and Attachment I- Contract Regulations to conform with requirements of the Florida
Department of Environmental Protection (DEP).
Item I4 Board granted approval of refund to Barbara E. Walsh, for flood permit fee
413300166 for FEMA flood inspection issued on 1/14/13.
COMMISSIONERS' ITEMS
Item L3 Board adopted the following Resolution of the Board of Commissioners of
Monroe County, Florida supporting Central Everglades Planning Project (CEPP) and Tamiami
Trail bridging.
RESOLUTION NO. 108 -2013
Said Resolution is incorporated herein by reference.
Item L4 Board granted approval of Commissioner Kolhage's appointment of Tina
Mazzorana to the Key West Airport Ad Hoc Committee on Noise, replacing Harvey Wolney, Sr.,
for the duration of the Committee.
Item L5 Board granted approval of Commissioner Kolhage's appointment of Nikali
Pontecorvo to the Key West Airport Ad Hoc Committee on Noise, as an alternate representing
aviation, for the duration of the Committee.
Item L8 Board granted approval of Commissioner Murphy's reappointment of Vicki
Boguszewski to the Climate Change Advisory Committee. Her term will expire October 1, 2013
upon sunset of the Committee.
Item L9 Board granted approval of the reappointment of John Forrer to the Climate
Change Advisory Committee. His term will expire October 1, 2013 upon sunset of the
committee.
Item L10 Board granted approval of Commissioner Rice's reappointment of Robert Glazer
to the Climate Change Advisory Committee (CCAC) through the sunset date of the committee,
October 01, 2013.
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Item L11 Board granted approval of Commissioner Rice's reappointment of Mr. Kelly
McKinnon to the Climate Change Advisory Committee (CCAC) for an additional term to run
through the sunset date of the committee, October 01, 2013.
Item L14 Board granted approval of Commissioner Carruthers reappointment of Annalise
Mannix to the Climate Change Advisory Committee until October 1, 2013 when the committee
is due to sunset.
Item L15 Board granted approval of Commissioner Carruthers reappointment of Chuck
Sherman to the Climate Change Advisory Committee until October 1, 2013 when the committee
is set to sunset.
COUNTY CLERK
Item M2 Board granted official approval of the Board of County Commissioners minutes
from the January 16, 2013 Regular Meeting (previously distributed).
Item M3 Board granted approval of the following Warrants for the month of February:
(107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,549,408.64;
Fine & Forfeiture Fund (101), in the amount of $3,751,754.75; Road and Bridge Fund (102),
in the amount of $86,251.39; TDC District Two Penny (115), in the amount of $354,765.75;
TDC Admin. & Promo 2 Cent (116), in the amount of $538,150.87; TDC District 1,3 Cent
(117), in the amount of $574,349.72; TDC District 2,3 Cent (118), in the amount of $42,219.07;
TDC District 3,3 Cent (119), in the amount of $180,213.79; TDC District 4,3 Cent (120), in
the amount of $65,612.29; TDC District 5,3 Cent (121), in the amount of $69,16839; Gov.
Fund Type Grants (125), in the amount of $389,936.83; Fire & Amb District I L &M Keys
(141), in the amount of $131,72539; Upper Keys Health Care (144), in the amount of
$1,587.65; Uninc Svc Dist Parks & Rec (147), in the amount of $55,33236; Plan, Build,
Zoning (148), in the amount of $36,381.52; Municipal Policing (149), in the amount of
$495,529.67; 911 Enhancement Fee (150), in the amount of $37,000.65; Duck Key Security
(152), in the amount of $3,968.00; Local Housing Assistance (153), in the amount of
$71,132.86; Boating Improvement Fund (157), in the amount of $150,775.41; Misc. Special
Revenue Fund (158), in the amount of $29,859.68; Environmental Restoration (160), in the
amount of $251.67; Court Facilities Fees -602 (163), in the amount of $3,236.80; Building
Fund (180), in the amount of $2,696.47; Cent Infra Surtax (304), in the amount of
$277,383.99; INFR Sle Srtx Rev Bds2007 (308), in the amount of $190,872.40; Cudjoe
Regional (312), in the amount of $355.48; Card Sound Bridge (401), in the amount of
$6,440.94; Marathon Airport (403), in the amount of $30,182.15; Key West Intl. Airport
(404), in the amount of $439,189.14; KW AIP Series 2006 Bonds (405), in the amount of
$13,921.33; MSD Solid Waste (414), in the amount of $1,818,864.68; Worker's
Compensation (501), in the amount of $6,040.96; Group Insurance Fund (502), in the amount
of $1,000,009.11; Risk Management Fund (503), in the amount of $27,297.75; Fleet
Management Fund (504), in the amount of $74,755.11; Fire &EMS LOSAP Trust Fund
(610), in the amount of $2,325.00.
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Item M4 Board granted approval of Tourist Development Council Expenditures for the
month of February 2013: Advertising, in the amount of $1,078,541.71; Bricks & Mortar
Projects/Interlocal, in the amount of $258,164.89; Visitor Information Services, in the amount
$71,754.33; Events, in the amount of $129,999.17; Office Supplies & Oper Costs, in the
amount of $33,35736; Public Relations, in the amount of $111,122.83; Sales & Marketing, in
the amount of $103,512.47; Telephone & Utilities, in the amount of $13,451.99; Travel, in the
amount of $24,575.13.
Item M5 Board granted approval to dispose of records pursuant to the State of Florida,
General Records Schedule GS1 -SL.
Item M6 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item N3 Board granted approval of Public Official Bond for Danise Henriquez, Monroe
County Tax Collector.
Item N4 Board granted approval of the appointment of Monczi Beattie to the Older
American Advisory Board representing the Upper Keys, who replaced the late Marvin Glade,
with a term expiring January 2014.
COUNTY ATTORNEY
Item 03 Board granted approval of Nabors, Giblin & Nickerson (NGN) Waiver of Conflict
letter for purposes of routine bond audit representation.
Item 04 Board granted approval of contract for legal services with Thomas G. Pelham
retroactive to March 14, 2013.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Item N5 Rhonda Haag, Sustainability Program Manager; Wendy Blondin, representing
AMEC; and Gus Rios, representing the Department of Environmental Protection gave a power
point presentation regarding the continuation of the canal restoration program to provide County
funding for the selection, design and constriction of up to five demonstration projects on County
canals. Lisa Tennyson, Director Legislative Affairs & Grants Acquisition, Bob Shillinger,
County Attorney and Roman Gastesi, County Administrator addressed the Board. The following
individuals addressed the Board: Billie Melton, Alicia Putney and Judy Martinez. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers
granting approval of the request for the $5,000,000. Roll call vote was taken with the following
results:
03/20/2013 Page 7
Commissioner Carruthers
Yes
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
Commissioner Kolhage excused himself from the meeting.
Item N7 Motion was made by Commissioner Rice and seconded by Commissioner
Carruthers granting approval of the ratification of submissions to DEP for RESTORE Act federal
council funding for wastewater, canal restoration and storm water projects. Motion carried
unanimously, with Commissioner Kolhage not present.
Commissioner Kolhage returned to the meeting.
Item N2 Derric Nimmo, of Oxitec on behalf of Florida Keys Mosquito Control, made a
power point presentation in regards to their interest in doing a genetically - modified mosquito
release in Monroe County, outside Key West.
EXTENSION SERVICES
Item G1 Doug Gregory, Director, Marine Sea Grant Agent and Annalise Mannix, Chair
Climate Change Advisory Committee addressed the Board concerning adoption of a Resolution
accepting the Monroe County Community Climate Action Plan as developed by the Monroe
County Climate Change Advisory Committee for staff evaluation and recommendation for final
adoption by August 1, 2013 and subsequent implementation. Roman Gastesi, County
Administrator requested that the Resolution be amended at Section 2 to read by the end of the
year instead of August 1, 2013. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers to adopt the following Resolution, as amended.
Motion carried unanimously.
RESOLUTION NO. 109 -2013
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item N6 Kelly McKinnon, representing Pigeon Key Foundation gave the Board an update
on Pigeon Key. Roman Gastesi, County Administrator addressed the Board. Donald Hiller,
President, Board of Directors, Pigeon Key Foundation addressed the Board.
Item N8 Roman Gastesi, County Administrator addressed the Board concerning direction
and authorization for County Administrator to investigate the feasibility and cost of quality of
life projects benefitting the Upper, Middle and Lower Keys. Those projects are the Rowell's
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Marina property in Key Largo, rehabilitation of the Old Seven Mile Bridge in Marathon and the
Higgs Beach Master Plan in Key West. The following individuals addressed the Board: Bernard
Spinrad, representing Friends of Old Seven; Vesta Denning, Pritam Singh, Frank Greenman, Riet
Steinmetz, and Brian Schmitt. This item was continued to later in the day.
CLOSED SESSION
Item K1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Revnolds v. Utility Board of the City of Key West, d b Kevs Energv ,Services, P,SC
Docket No. 120054 -EM. Pursuant to F. S. 286.011(8), the subject matter of the meeting shall be
confined to settlement negotiations or strategy sessions related to litigation expenditures. Present
at the meeting will be the County Commissioners, County Administrator Roman Gastesi; County
Attorney Bob Shillinger; Assistant County Attorney Susan Grimsley, Assistant County Attorney
Steve Williams, special litigation counsel Jay LaVia and Robert "Schef' Wright; and a certified
court reporter.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Bob Shillinger, County Attorney addressed the Board. Patrick Flanigan, Esquire,
representing Robert & Julianne Reynolds addressed the Board. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Carruthers authorizing the County
Attorney to participate in the Public Service Commission proceedings up through the hearing,
the is anticipated to be, on June 18, 2013. 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.
Item K2 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session to
discuss Collective Bargaining with the Teamsters, Local 769 pursuant to F.S. 447.605(1).
Present at the meeting will be the County Commissioners, County Administrator Roman Gastesi;
Deputy County Administrator Debbie Frederick; County Attorney Bob Shillinger; OMB Director
Tina Boan; Public Works & Engineering Director Kevin Wilson; Employee Services Division
Director Teresa Aguiar; Veteran's Affairs Director George Brentnall; Social Services
Department Head Sheryl Graham; and Assistant County Attorney Cynthia Hall.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
Item K3 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session to
discuss Collective Bargaining with the International Association of Firefighters (IAFF), Local
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3909 pursuant to F.S. 447.605(1). Present at the meeting will be the County Commissioners,
County Administrator Roman Gastesi; County Attorney Bob Shillinger; OMB Director Tina
Boan; Fire Chief James Callahan; Deputy Fire Chief Gary Boswell; Employee Services Division
Director Teresa Aguiar; Kevin Madok; Assistant County Attorney Cynthia Hall; and Deputy
County Administrator Debbie Frederick.
The open session of the meeting was adjourned for the Closed Session. The Closed
Session was adjourned and returned to the open session.
PUBLIC HEARINGS
Item P 1 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Code Chapter 2, Article III, Division 7, Sec. 2 -202, Quasi - Judicial Proceedings,
clarifying that Monroe County, as allowed pursuant to F. S. 286.0115, is officially adopting by
Ordinance the statutory requirements set forth in F.S. Sec. 286.0115(1)(c) removing the
presumption of prejudice in quasi —judicial proceedings by disclosure of ex parte
communications, as well as ensuring that the BOCC Administrative Procedures are amended to
reflect the Monroe County Code. There was no public input. Motion was made by
Commissioner Carruthers and seconded by Commissioner Kolhage to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 012 -2013
Said Ordinance is incorporated herein by reference.
Item P2 A Public Hearing was held to consider adoption of an Ordinance to amend
Section 138 -22(2) of the Monroe County Code to clarify that, in addition to hotels, lawful
transient Residential Rate of Growth Ordinance (ROGO) exemptions (TRE's) may be transferred
to recreational vehicle (RV) parks. Christine Hurley, Growth Management Director. There was
no public input. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Carruthers to adopt the following Ordinance and keep at a minimum in Section
C 1 Procedures for Transfer of Site. Motion carried unanimously.
ORDINANCE NO. 013 -2013
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item N8 Board continued the discussion, direction and authorization for County
Administrator to investigate the feasibility and cost of quality of life projects benefitting the
Upper, Middle and Lower Keys. Those projects are the Rowell's Marina property in Key Largo,
rehabilitation of the Old Seven Mile Bridge in Marathon and the Higgs Beach Master Plan in
Key West. The following individuals addressed the Board: Jim Saunders, representing the Key
Largo Community Preservation Foundation and Key Largo Chamber of Commerce and Mike
Puto addressed the Board. Roman Gastesi, County Administrator and Kevin Madok, Senior
Director of Strategic Planning addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice authorizing the County
03/20/2013 Page 10
Administrator to investigate the feasibility and cost of quality of life projects. Motion carried
unanimously.
OFFICE OF MANAGEMENT & BUDGET
Item H1 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition introduced
Michelle Grillo, who will be handling the HSAB, FDLE and Criminal Justice Grants for the next
couple of months as the interim Grants Administrator. Ms. Grillo addressed the Board
concerning approval of Fiscal Year 2014 Human Services Advisory Board fiunding amount (Last
year's fiunding amount was $1,752,600.). After discussion, Commissioner Carruthers withdrew
her second. Motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage for a continuation of last year's fiunding. Motion carried unanimously.
COMMISSIONERS' ITEMS
Margaret Romeo addressed the Board concerning the following six items:
Item L1 Board granted approval of Mayor Neugent's appointment of Captain Bill Kelly to
the RESTORE ACT Local Committee, with term expiring March 20, 2014.
Item L2 Board granted approval of Mayor Neugent's appointment of Ed Swift to the
RESTORE ACT Local Committee, with term expiring March 20, 2014.
Item L6 Board granted approval of Commissioner Kolhage's appointment of Patrick H.
Rice Ph.D. to the Monroe County RESTORE Act Committee, with a term expiring March 20,
2014.
Item L7 Board granted approval of Commissioner Carruthers' appointment of Todd
German to the Restore Act Local Committee, with term expiring March 20, 2014.
Item L12 Board granted approval of Commissioner Murphy's appointment of John Halas
to the Restore Act Local Committee. His term will expire March 20, 2014.
Item L13 Board granted approval of Commissioner Rice's appointment of David
Makepeace to the Monroe County RESTORE ACT Committee as the District 4 representative,
with a term expiring March 20, 2014.
Lisa Tennyson, Director Legislative Affairs & Grants Acquisition and Bob Shillinger, County
Attorney addressed the Board. After discussion, motion was made by Commissioner Kolhage
and seconded by Commissioner Murphy that members of the RESTORE Act local committee be
prohibited from voting on projects or proposals that they or their agency bring before the
committee for consideration. Roll call vote carried unanimously.
Motion was made by Commissioner Carruthers and seconded Commissioner Murphy
granting approval of Items L1, L2, L6, L7, L12 and 1-13. Motion carried unanimously.
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MISCELLANEOUS BULK APPROVALS
Item C23 Peter Horton, Director of Airports addressed the Board concerning approval to
pay off early the Monroe County, Florida Airport Variable Rate Revenue Bonds (Key West
International Airport), Series 2006 (the "Series 2006 Bonds "). Roman Gastesi, County
Administrator addressed the Board. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Carruthers granting approval of the item. Motion carried
unanimously.
Item C4 Teresa Aguiar, Director Employee Services addressed the Board concerning
approval to amend the Plan of Compensation (Pay Plan) to include a title and pay range for the
position of Building Inspector II, Electrical Inspector 11, and Plumbing Mechanical Inspector II.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Rice granting approval of the item. Motion carried unanimously.
Commissioner Rice announced that he would abstain from the following item due to a
voting conflict:
Item C6 Approval of a Renewal Agreement with Guidance /Care Center, Inc. for
wastewater treatment processing from the Marathon Detention Facility. Motion was made by
Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the item.
Motion carried unanimously, with Commissioner Rice Abstaining.
Item C9 Kevin Wilson, Senior Director of Public Works & Engineering addressed the
Board concerning approval to negotiate a Contract with Kisinger Campo and Associates (KCA),
the highest ranked RFQ respondent, for engineering design and permitting services for the Card
Sound Bridge Repair project. The engineering design and permitting services will be fiunded by
Florida Department of Transportation (FDOT) through a Local Agency Program (LAP)
Agreement. If an agreement cannot be reached with the highest ranked respondent, request
approval to negotiate with the next highest ranked respondent and to continue until a satisfactory
negotiation is achieved. After discussion, motion was made by Commissioner Kolhage and
seconded by Commissioner Rice granting approval of the item. Motion carried unanimously.
Item C 10 Kevin Wilson, Senior Director of Public Works & Engineering addressed the
Board concerning approval of a Contract with IMS Infrastructure Management Services, LLC
the highest ranked respondent, for Asphalt Pavement Evaluation and Management Services. The
contract amount is $103,484.00. After discussion, motion was made by Commissioner Kolhage
and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
Item C 14 Kevin Wilson, Senior Director of Public Works & Engineering addressed the
Board concerning approval of a Contract with Sea Tech of the Florida Keys, Inc. for the Lobby
Expansion at the Freeman Justice Center, for a cost of $235,972.00 fiunded from Ad Valorem.
Roman Gastesi, County Administrator and Bob Shillinger, County Attorney addressed the
03/20/2013 Page 12
Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner
Rice granting approval of the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D3 Motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage granting approval of Daniel Reynen's appointment to the one "At Large" appointment
to the Tourist Development Council District I Advisory Committee. Motion carried
unanimously.
STAFF REPORTS
Item E6 Christine Hurley, Growth Management Director briefed the Board on the
document titled Monroe County The Florida Kevs Area of Critical ,State Concern Work Plan
Memorandum Challenges Facing the Florida Kevs. Tina Boan, Director of Management &
Budget and Bob Shillinger, County Attorney addressed the Board. The Board took no official
action.
DIVISION OF GROWTH MANAGEMENT
Item I5 Patricia Smith, representing the Florida Department of Transportation addressed
the Board concerning approval to execute a Local Agency Program Agreement (LAP) with the
Florida Department of Transportation (FDOT) to design and constrict scenic overlooks along the
Florida Keys Scenic Corridor. This $1,230,000 project is fiunded at 100% by the FDOT. No
county match is required. Roman Gastesi, County Administrator and Christine Hurley, Growth
Management Director addressed the Board. After discussion, motion was made by Mayor
Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion
carried unanimously.
PUBLIC HEARINGS
Item Q1 The second of two Public Hearings was held to consider adoption of an Ordinance
by the Monroe County Board of County Commissioners assigning Tier Overlay District
Designations to Approximately sixty -three (63) parcels determined to have no Tier on the Tier
Overlay District map(s). The proposed designations are based on changes made to the Tier
Overlay District (Chapter 130 -130 of the Monroe County Land Development Code) in
accordance with the Final Order in DOAH Case No. 06- 2449GM. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 014 -2013
Said Ordinance is incorporated herein by reference.
Item Q2 The second of two Public Hearings was held to consider adoption of an Ordinance
by the Monroe County Board of County Commissioners amending the Tier Overlay District
Designations to Approximately twenty -seven (27) parcels determined to have a Tier designation
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inconsistent with the Tier Overlay District criteria. The proposed designations are based on
changes made to the Tier Overlay District (Chapter 130 -130 of the Monroe County Land
Development Code) in accordance with the Final Order in DOAH Case No. 06- 2449GM. The
following individuals addressed the Board: Owen Trepanier, representing Trepanier &
Associates; and Patrick Flanigan, Esquire, representing Rockland Operations LLC addressed the
Board. Michael Roberts, Senior Administrator of Environmental Resources; Christine Hurley,
Growth Management Director and Susan Grimsley, Assistant County Attorney addressed the
Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Murphy to approve staff recommendation, with the exception of the parcel of land
designated RE 00090220 - 000000, which will be designated Tier IIIA. Exhibit A will be changed
to reflect that the following RE numbers are being deleted from Section 7: 00090220 - 000000,
000909230 - 000000, 00090230 - 000100 and a revision will be made to Exhibit D deleting those
parcels as well. Motion carried unanimously.
ORDINANCE NO. 015 -2013
Said Ordinance is incorporated herein by reference.
STAFF REPORTS
Item E7 Lisa Tennyson, Director Legislative Affairs & Grants Acquisition advised the
Board of the following: there will be a remembrance and final services for Senator Larcenia
Bullard in Miami on March 22 and March 23 staff is continuing to work on Mayfield year
two funding; there are several tax bills that are currently being looked at; cost share relationship
with the state regarding Medicaid; there are several bills addressing Citizens Insurance; advised
the Board of HB819 and HB8375; and advised that the state is relooking at the budget due to the
sequestration cuts.
Item E8 Bob Ward, Director Information Technology advised the Board that the meetings
are now broadcast on AT &T U -Verse on the Government Access Channel.
COUNTY ADMINISTRATOR
Item N1 Roman Gastesi, County Administrator advised the Board of the following staff
changes due to a retirement in the Upper Keys, as follows: Robert Glassmer will now be in
charge of the facilities side and John Glista will be in charge of the roads and bridges side.
COUNTY ATTORNEY
Item O1 Bob Shillinger, County Attorney advised the Board that Venture Out has sued
Monroe County and Florida Keys Aqueduct Authority together. Mr. Shillinger read the required
language into the record and requested a Closed Session in the matter of T`entnre Out at Cndjoe
Key, Inc. v. Florida Kevs Aqueduct and Monroe County, Case No. 2013-CA-20 4-K at the April
17, 2013 meeting in Key West at 1:30 p.m. Motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy granting approval of the Closed Session. Motion carried
unanimously.
03/20/2013 Page 14
Mr. Shillinger advised the Board that he will discuss a possible joint defense with the
Aqueduct at next month's meeting.
Item 02 Bob Shillinger, County Attorney addressed the Board regarding status of BP oil
spill claim; approval to file lawsuit to recover damages arising out of the Deepwater Horizon Oil
Spill. John Campbell, representing Campbell & Malafy; Carla Burke, and Richard Malafy,
representing Campbell & Malafy addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy granting approval to file suit by
April 19, 2013. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Item J1 Rich Jones, Senior Administrator of Marine Resources addressed the Board
concerning consideration to adopt a Resolution providing for the purpose, duties and
membership of the Marine and Port Advisory Committee (MPAC). After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of
staff recommendation including the alternative seventh item. Roll call vote carried unanimously.
Motion was made by Commissioner Rice and seconded by Mayor Neugent to change the
Committee from 10 members to 5. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion failed. After further discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Kolhage to expand it to 7 people with the additional members from
the Sanctuary Advisory Council to appoint one individual, who will not be a commercial
fisherman, and an appointment by the Florida Keys Commercial Fisherman's Association.
Motion carried unanimously.
RESOLUTION NO. 110 -2013
Said Resolution is incorporated herein by reference.
There being no fi rther business, the meeting of the Board of County Commissioners was
adjourned.
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
03/20/2013 Page 15
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
BUDGET CALENDAR, FISCAL YEAR 2014
Adooted Timetable
Date 2013, Day
RESPONSIBLE PARTY
REQUIRED ACTIVITY
REQUIREMENT REFERENCE
Approval of the FY14 Budget Timetable. Agenda Rem
for a recommendation on FY14 HSAB and non - profit
organizations funding.
March 20, Wednesday
Board of County Commissioners
Regular BOCC meeting Marathon
April 10, Wednesday
Board of County Commissioners
Budget Workshop 10am Marathon
County Administrator, Division
County Administrator will give Division Directors their
April 11, Thursday
Directors
budget instructions.
Section 129.025 Florida Statutes
April 15 Monday
Office of Management and Budget
GovMax Training 1 -5pm Marathon
OMB deadline for submission- budget requests for all
Division Directors, Department
Internal Service Funds and departments including
May 2, Thursday
Directors, TDC Executive Director
TDC.
May 5 -10 Sunday- Friday
Governor's Hurricane Conference www.flghc.org
County Administrator's internal budget review with
May 16 & 17, Thursday & Friday
County Administrator, Division and
Divisions /Departments and OMB. Capital Planning
May 20 & 21, Monday & Tuesday
Department Directors, OMB
with be scheduled with Project Management
Division Directors, Department
Deadline for final submission of budgets to OMB from
May 24, Friday
Directors, TDC Executive Director
departments.
This is the last date to receive input from the Human
May 31, Friday
Human Service Advisory Board
Service Advisory Board.
Constitutional Officers, State
Attorney, Housing Authority,
Submission of budget requests to the County
On or before June 1, Saturday
Judicial, and Health Dept.
Administrator.
Section 129.03(2) Florida Statutes
The Property Appraiser certifies, to each taxing
authority, the taxable value within the jurisdiction of the
July 1, Monday
Property Appraiser
taxing authority on Form DR -420.
Section 129.03(1) Florida Statutes
Tentative budget to be delivered to BOCC at regular
July 17, Wednesday
Board of County Commissioners
meeting date. Key West
Section 129.03(3) Florida Statutes
National Association of Counties (Naco) Annual
July 19 -22 Friday- Monday
Conference www.naco.org
Special Meeting for discussion of Budget and Capital
Improvement Plan. Announcement of Proposed
Millage Rates and selection of dates, times and places
for public hearings. Approval to advise the Property
Appraiser of proposed millage rates. Both days- 10
Sections 129.03(3)(a) and 200.065(2)(b)
July 29 & 30, Monday & Tuesday
Board of County Commissioners
A.M. Key West
Florida Statutes
Last day to advise the Property Appraiser of the
Proposed Millage Rates, current year rolled -back rate
and the date, times and place of the Tentative Budget
August 4, Sunday
Office of Management and Budget
Hearing.
Section 200.065(2)(b), Florida Statutes
Property Appraiser mails out the Notice of Proposed
Property Taxes to each taxpayer listed on the current
Sections 200.065(2)(b) and 200.069
No later than August 24, Saturday
Property Appraiser
year assessment roll. (TRIM Notices)
Florida Statutes
First Public Hearing Adoption of Tentative Budget
Sections 129.03(3)(c), 200.065(2c) and
September 4, Wednesday
Board of County Commissioners
and Millage Rate 5:05 P.M. Key Largo
200.065(2)(e), Florida Statutes
September 9, Monday
Board of County Commissioners
Special Budget Meeting 5:05 P.M. Marathon
Not Required- Done as a public service.
Budget Ad to be published in newpaper for final budget
September 9, Monday
Office of Management and Budget
hearing
Section 200.065(2)(d), Florida Statutes
Final Public hearing Adoption of Final Budget and
Sections 129.03(3)(c), 200.065(2)(d) and
September 12, Thursday
Board of County Commissioners
Millage Rate 5:05 P.M. Key West
200.065(2)(e), Florida Statutes
Notify the Sheriff, in writing, of the specific action taken
on the proposed fiscal year 2013 -2014 budget
Following final budget adoption
Board of County Commissioners
appropriations of the Sheriff.
Section 30.49(4), Florida Statutes
Within 3 days of Final Hearing, the Resolution
adopting final millage and budget to Property Appraier,
September 14, Saturday
Office of Management and Budget
Tax Collector and the Dept. of Revenue
FL Administrative Code 12D- 17.003(f)
Within 30 days of adoption of final millage and budget,
submit TRIM package (DR -487) to Dept. of Revenue.
Certify final millages to Property Appraiser via DR -422
and DR- 422DEBT (R any debt). Post summary budget
Section 129.03(3) Florida Statutes
October 12, Saturday
Office of Management and Budget
on website.
FL Administrative Code 12D- 17.003 (h)