07/17/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 17, 2013
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey 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; Bob Shillinger, County Attorney; Amy Heavilin,
County Clerk; Vitia Fernandez, 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
Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Mayor's Proclamation declaring Monroe County as the
southernmost county in the United States honoring Purple Heart recipients on this day of July 17,
2013.
The Board of County Commissioners also presented Cathy Tuell with the Honorary Conch and
Citizen Award for her many years of service and dedication to the Florida Keys Children's
Shelter.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy
granting approval of the following items by unanimous consent:
Item C1 Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 21 -72 to authorize County Administrator designee to suspend or revoke specialty hauler
license and amending Section 21 -77 to also allow enforcement of violations relating to specialty
haulers by the County Code compliance department.
Item C2 Board granted approval of Resolution to authorize the submission of the
Consolidated Small County Waste Management Grant Application to the Florida Department of
Environmental Protection (DEP) for Fiscal Year 2013/2014.
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RESOLUTION NO. 187 -2013
Said Resolution is incorporated herein by reference.
Item C3 Board granted approval of Resolution to adopt tentative Residential Solid Waste
Collection, Disposal and Recycling rates for Fiscal Year 2013/14.
RESOLUTION NO. 188 -2013
Said Resolution is incorporated herein by reference.
Item C4 Board granted approval of a Resolution to adopt tentative Solid Waste Collection,
Disposal and Recycling rates for commercial waste generators for Fiscal Year 2013/14.
RESOLUTION NO. 189 -2013
Said Resolution is incorporated herein by reference.
Item C5 Board granted approval to advertise for bids to install new tile and carpet within
the Marathon Government Center.
Item C6 Board granted approval of Consent to Assignment Agreement with Best Janitorial
& Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter
ASSIGNEE for janitorial services at the Big Pine Key Library.
Item C7 Board granted approval of Consent to Assignment Agreement with Best Janitorial
& Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter
ASSIGNEE for janitorial services at the George Dolezal Library - Marathon.
Item C8 Board granted approval of Consent to Assignment Agreement with Best Janitorial
& Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter
ASSIGNEE for janitorial services at the Islamorada Library.
Item C9 Board granted approval of Consent to Assignment Agreement with Best Janitorial
& Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter
ASSIGNEE for janitorial services at the Key Largo Library.
Item C10 Board granted approval to award bid and enter into a contract with Maverick
United Elevator LLC for complete elevator service maintenance for Monroe County.
Item C11 Board granted approval to award Contract to American Bridge Company in the
amount of $630,415.26 for the Old SR 940 Leg A (Watson Boulevard) Bridge repair project.
This project is funded by Florida Department of Transportation (FDOT) through a Local Agency
Program (LAP) Agreement.
Item C12 Board granted approval of a Contract with Parsons Brinckerhoff, Inc. for
Construction Engineering and Inspection (CEI) services for the Old SR 940 Leg A (Watson
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Boulevard) Bridge repair project. This project is funded by Florida Department of Transportation
(FDOT) through a Local Agency (LAP) Agreement.
Item C13 Board granted approval to ratify a Contract with American Bridge Company in
the amount of $29,019.20 for the Truman Bridge Emergency Repairs project.
Item C14 Approval of Modification #8 to the State Funded Subgrant Agreement for the
Design and Construction of the proposed Emergency Operations Center in Marathon to extend
Federal funding from June 30, 2013 to June 30, 2014.
Item C16 Board granted approval of a First Amendment to the Agreement with Pedro
Falcon Electrical Contractors, Inc. for ADA Compliance Segment #4, correcting a scriveners
error in the original Scope of Work.
Item C17 Board granted approval of a 1st Amendment to Contract with Currie Sowards
Aguila Architects for the Lobby Expansion at the main entrance of the Freeman Justice Center.
This project is funded by Ad Valorem.
Item C18 Board granted approval of receipt of monthly report on Change Orders reviewed
by the County Administrator's Office.
Item C20 Board granted approval for submission of an FDEP variance from the requirement
for a certified survey as part of a Class V, Group 3 wastewater disposal well abandonment.
Item C21 Board granted approval for use of County owned parcel RE# 00169200 - 000000
by FKAA for installation of a neighborhood lift station, BOCC direction to the County Attorney
to prepare appropriate documents permitting that use, and approval for the County Administrator
to execute those documents.
Item C22 Board granted approval of a Resolution of the Board of County Commissioners of
Monroe County, Florida, providing a revised method for collection of wastewater capacity fees
in the Big Coppitt/Duck Key and Cudjoe Regional Centralized Wastewater Treatment Systems
for those properties not already included in the Final Assessment Resolution for their service
area, and providing for repeal of Section 3.0 in each of the following previously enacted capacity
fee resolutions: 365 -2011, 331 -2012, and 125 -2013.
RESOLUTION NO. 190 -2013
Said Resolution is incorporated herein by reference.
Item C23 Board granted approval to negotiate a Contract with CSA Central, Inc., who was
the highest ranked respondent to the Request for Qualifications (RFQ) for Construction
Engineering and Inspection (CEI) Services for the All American Road Wayfinding Sign Project.
Item C24 Board granted approval of Purchase /Service Order # PSO 2013 -1 with Feher
Environmental Consulting, Inc. for RSA Wetlands Mitigation Monitoring (Fiscal Year 2014).
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Item C25 Board granted approval of Agreement for the Purchase of Lands at the east end of
the Key West International Airport runway.
Item C26 Board granted approval of Lease Buyout Agreement between Robert W. Carew
and Monroe County.
Item C27 Board granted approval of Lease Buyout Agreement between Steven Strobbe and
Monroe County.
Item C28 Board granted approval of Hangar Lease Agreement between Robert W. Carew
and Monroe County in reference to the replacement hangars at the Florida Keys Marathon
Airport.
Item C29 Board granted approval of Hangar Lease Agreement between Steven Strobbe and
Monroe County in reference to the replacement hangars at the Florida Keys Marathon Airport.
Item C30 Board granted approval to continue the Contract with Jayne's Cleaning Service on
a Month to Month basis until a contract renewal agreement can be drafted.
Item C31 Board granted approval of various Resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue.
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 191 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. IA).
RESOLUTION NO. 192 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 193 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 194 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 195 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 196 -2013
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 197 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 198 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 199 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 200 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 201 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 202 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 203 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 204 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 205 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 206 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 207 -2013
Said Resolution is incorporated herein by reference.
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Item C32 Board granted approval of a Resolution authorizing the submission of grant
application to the Florida Department of Law Enforcement (FDLE) for the Edward Byrne
Memorial FY 2013 -14 Justice Assistance Grant (JAG) and approval of allocation of the Clerk's
Drug Abuse Trust Fund (DATF) amount, based upon the recommendations of the Substance
Abuse Policy Advisory Board, and authorization for the County Administrator to execute the
applications.
RESOLUTION NO. 208A -2013
Said Resolution is incorporated herein by reference.
Item C33 Board granted authorization for the Mayor to execute the Edward Byrne
Memorial Justice Assistance funding distribution letter with the Florida Department of Law
Enforcement for fiscal year 2013 -2014 (Oct. 1, 2013 through Sept. 30, 2014), whereby Monroe
County agrees to the distribution of $78,864 in program funds in the County.
Item C34 Board granted approval to submit application U. S Department of Justice for FYI
Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation award for $12,096
on behalf of the Monroe County Drug Court and for County Administrator to execute required
documents and contract when/if awarded.
Item C35 Board granted approval of request to issue a Request for Proposal (RFP) for
Purchasing Medical Supplies and Pharmaceuticals.
Item C36 Board granted approval of an Emergency Management Performance Grant FY13
Federally Funded Subgrant Agreement 14 -FG- - 11 -54 -01 -111 in the amount of $65,115.00,
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 C37 Board granted approval of an Agreement with the State of Florida, Division of
Emergency Management concerning an Emergency Management Base Grant (Contract # 14 -BG-
-11-54-01 -044) in the amount of $105,806, 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 C38 Board granted approval of Modification #1 to the FY10 State Homeland Security
Grant Program Agreement (SHSGP) 11DS- 9Z- 11 -54 -01 -330 to extend expiration date to July
30, 2013 and to accept additional funds in the amount of $48,000.00, no county match; and
authorization for the County Administrator to execute any other required documentation in
relation to the application process.
Item C39 Board granted approval of issuance (renewal) of a Certificate of Public
Convenience and Necessity (COPCN) to National Health Transport, Inc. for the operation of an
ALS transport ambulance service for the period August 17, 2013 through August 16, 2015.
Item C40 Board granted approval of a three (3) year renewal term for Microsoft Volume
License Agreement UO275474/01E73214 under the State of Florida Contract# 252- 001 -09 -1
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from SID International Corp.as provided in quotation #6748804. Total cost for 36 month term is
$272,000.22.
Item C41 Board granted approval of a three (3) year renewal term for Microsoft Volume
License Agreement under the State of Florida Contract# 252- 001 -09 -1 from SHI International
Corp. as provided in quotation #6707604 for Fire Rescue and Emergency Management. Total
cost for 36 month term is $37,695.
Item C42 Board granted approval of request to terminate Agreement for Disposal of
Remains dated 2/21/2001 between Monroe County and Martin -Vegue and McCluney Funeral
Home, and to allow Sheryl Graham, Director of Social Services to create and sign the official
written termination notice.
Item C43 Board granted approval of Modification #009 to the Weatherization Assistance
Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP),
Contract # IOWX- 7X- 11 -54 -01 -719 between Monroe County Board of County Commissioners
(Community Services /Social Services) and the State of Florida, Department of Economic
Opportunity to extend contract end date to 08/15/2013.
Item C44 Board granted approval of Modification #005 to the Weatherization Assistance
Program, Low Income Home Energy Assistance Program (WAP- LIHEAP), Contract # 12LH-
9Z- 11 -54 -01 -039 between Monroe County Board of County Commissioners (Community
Services /Social Services) and the State of Florida, Department of Economic Opportunity to
extend contract end date to 08/31/2013.
Item C45 Board granted approval for Monroe County Bayshore Manor to re- enroll in a
Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program.
Item C46 Board granted approval of request to terminate Agreement for Disposal of
Remains dated 08/21/2002, as Amended on 2/18/2004, between Monroe County and Seven Seas
Funeral Home, Cemetery and Cremation Services, Inc., and to allow Sheryl Graham, Director of
Social Services to create and sign the official written termination notice.
Item C47 Board granted approval of Amendment #005 of the Alliance for Aging, Inc
Standard Contract, Older Americans Act (OAA) Contract AA -1329 Between the Alliance For
Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In
home and nutrition programs) for the current contract period of 1/1/13 to 12/31/13.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with Upper Keys
Community Pool, Inc. to revise Exhibit A scope of services; compensation, and termination date
of the agreement.
07/17/2013 Page 7
DIVISION OF GROWTH MANAGEMENT
Item H1 Board granted approval of a grant task assignment with Florida Fish & Wildlife
Conservation Commission (FFWCC) to receive a $50,000 grant for the removal of invasive
exotic plants from conservation lands that are owned or managed by Monroe County.
Item H2 Board granted approval of a grant task assignment with Florida Fish & Wildlife
Conservation Commission (FFWCC) to receive a $75,000 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 H3 Board granted approval of an Inter -Local Agreement (ILA) between Monroe
County and the Village of Islamorada (City) reimbursing the City in an amount up to $20,000
from Boating Improvement Funds (BIF) for costs to be incurred by the City during Fy' 14 for
regulatory buoy maintenance.
Item H4 Board granted approval of an Inter -Local Agreement (ILA) between Monroe
County and the City of Marathon (City) reimbursing the City in an amount up to $25,000 from
Boating Improvement Funds (BIF) for costs to be incurred by the City during FY' 14 for
improvements to the Dodge Lake boat ramp.
Item H5 Board adopted the following Ordinance of correction of a drafting error contained
within the Text of Ordinance #003 -2013, concerning off - street parking requirements.
ORDINANCE NO. 024A -2013
Said Ordinance is incorporated herein by reference.
Item H6 Board granted approval of an Agreement between Monroe County, Florida and
Little Palm Cottages, LLC to reserve affordable housing ROGO allocations, formalize an
alternative compliance to the inclusionary housing requirements, linkage of project plan, and
provide Little Palm Cottages, LLC with authorization to qualify applicants for affordable
housing occupancy.
Item H7 Board adopted the following Resolution of reservation of nineteen (19) affordable
housing allocations for Little Palm Cottages LLC for off -site affordable housing units until
December 31,
2021.
RESOLUTION NO. 208A -2013
Said Resolution is incorporated herein by reference.
Item H8 Board granted approval of selection of a Boating Improvement Funds (BIF)
funding request submitted by Key West totaling $37,100 and direction for staff to draft an Inter -
Local Agreement with the City of Key West providing for reimbursement for mooring field
related work to be performed in FY' 14.
07/17/2013 Page 8
Item H9 Board granted approval to file an Action in Circuit Court seeking an Injunction to
compel the property owner Magnolia 101 LLC, Brian Lindback Manager, and Atlantic Trash &
Transfer LLC, Brian Lindback Manager, to comply with various county ordinances, cease
prohibited unlawful activities, secure necessary approvals and correct the code violations of
Code Enforcement Case(s) CE10070169; CE10070148; CE10070167 and CE13050096.
SUPERVISOR OF ELECTIONS
Item K1 Board granted approval to advertise for Request for Proposal for purchase of new
voting Tabulation Equipment, hardware and software, necessary for the Supervisor of Elections.
Present voting equipment needs to be replaced. The cost for voting equipment shall be paid from
the Supervisor of Elections Budget.
COMMISSIONER'S ITEMS
Item M2 Board granted approval of Commissioner Murphy's re- appointment of Captain
Mike Nealy to the Florida Keys Council for People with Disabilities Committee with term
beginning July 17, 2013 through May 1, 2016.
Item M3 Board granted approval of Commissioner Murphy's re- appointment of Anna
Nickerson to the Community Development Block Grant (CDBG) CATF with term beginning
July 17, 2013 through January 1, 2017.
Item M4 Board granted approval of Commissioner Murphy's re- appointment of Mimi
Stafford to the Marine & Port Advisory Committee with term beginning July 1, 2013 through
November 1, 2016.
Item M5 Board granted approval of Commissioner Carruthers appointment of Julie
Fondriest to the Tourist Development Council, replacing District 3 (TDC District 1) Doug
Wright, with term beginning on July 17, 2013 through September, 2014.
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners minutes
from the May 15, 2013 regular meeting (previously distributed).
Item N3 Board granted approval of Warrants for the month of June, 2013.
Item N4 Board granted approval of Tourist Development Council expenditures for the
month of June, 2013.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
07/17/2013 Page 9
COUNTY ADMINISTRATOR
Item 02 Board granted approval to reschedule the September 18, 2013 BOCC regular
meeting to Tuesday, September 17, 2013.
Item 04 Board granted approval to adopt the Clean Air Act resolution for 2013.
RESOLUTION NO. 209 -2013
Said Resolution is incorporated herein by reference.
Item 05 Board granted approval to advertise a Request for Proposals for development of a
comprehensive Sustainability Action Plan with climate change and energy savings initiatives.
Item 09 Board granted approval for the running of the 5th Annual Key Largo Bridge Run
for Saturday, November 9, 2013 from 5:15 A.M. to 10:45 A.M. and to waive the toll fees at the
Card Sound Bridge during this time period.
COUNTY ATTORNEY
Item P2 Board granted approval of contract with Erin L Deady, P.A. as outside legal
counsel for issues related to the RESTORE Act and other issues as specifically assigned in
writing by the County Attorney. This contract has a ceiling of Fifteen Thousand Dollars and
No /cents ($15,000) for attorney fees. Any additional fees must be accomplished by written
amendment approved by the Board of County Commissioners.
COUNTY ADMINISTRATOR
Item 010 Roman Gastesi, County Administrator gave a Presentation & Overview for the
Proposed Fiscal Year 2014 Budget. The document entitled Fiscal Year 2014 Proposed Annual &
Capital Budget was provided to the Board.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Danny Kolhage, Commissioner David P. Rice, Mayor
George Neugent, Councilman Clark Snow and Councilwoman Kate Scott.
Item F2 James Callahan, Fire Chief asked the Board to issue a Request for Proposal (RFP)
for Purchasing Medical Supplies and Pharmaceuticals. After discussion, a motion was made by
Commissioner Rice and seconded by Councilman Snow to approve the item. Motion carried
unanimously.
Item F1 Report - James Callahan, Fire Chief updated the Board regarding the Grand
Opening of the new Conch Key Fire House on September 17 2013.
07/17/2013 Page 10
There being no further business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
MICELLANEOUS BULK APPROVALS
Item C15 Board discussed the approval of the Higgs Beach Development Agreement in the
same form as approved by the City of Key West. This item is to correct scrivener's errors in the
agreement passed by the County and to conform the documents to each other as originally
intended. After discussion, a motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage. Motion carried unanimously.
Item C19 Kevin Wilson, Public Works & Engineering Director addressed the Board
concerning the approval for expansion of the Upper Sugarloaf Central Sewer collection system
to include an additional six (6) parcels at a cost of $122,010 ($20,335/EDU) less the assessment
revenue of $27,000. After discussion, a motion was made by Commissioner Rice and seconded
by Commissioner Kolhage. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
STAFF REPORTS
Item E1 Airports - Peter Horton, Director of Airports addressed the Board concerning the
Environmental Assessment that was sent to FAA. Mr. Horton gave the Board three (3) options
on how to handle the Public Hearing concerning the above - mentioned assessment. The Board
directed Mr. Horton and the staff to hold a Special Meeting at the Marathon Government Center
sometime in September 2013.
Item E6 Growth Management - Christine Hurley, Growth Management Director updated
the Board regarding Rhonda Norman, Director of Code Compliance and her work with the
Department of Environmental Protection (DEP) on eliminating illegal structures on Card Sound
Road. DEP is taking a proactive approach on the South Side of Card Sound Road where those
structures are on their Submerged Land; simultaneously, some of those structures expand to the
Right -of -way. The Growth Management Division and Public Works are partnering with DEP to
assist them on this project. They are also a substantial amount of structures on the North Side of
Card Sound Road that are on the Right -of -way. Bob Shillinger, County Attorney addressed the
Board concerning an Authorization Letter that DEP has requested while they are cleaning -up
structures on their Bay Bottom that may incidentally cross over the Right -of -way.
Item E5 Public Works/Engineering/Project Management - Kevin Wilson, Public Works &
Engineering Director requested the Board's agreement to participate in a FDOT program to
07/17/2013 Page11
discourage people of texting while driving. FDOT would like to use the County's Logo and add
it to their poster as they travel the state promoting their program; they also would like for
someone to operate as the point of contact and coordinate events to promote "No Texting While
Driving" in our County. Mr. Wilson and Teresa Aguiar, Director of Employee services
recommended Mark Gongre, Safety Officer to be the Point of Contact for this program. After
discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice
to approve the request of Agreement to participate in the FDOT program. Motion carried
unanimously.
Mr. Wilson updated the Board concerning the Pavement Evaluation, which is currently in the
phase of establishing the GIS database of all streets in the county. After the field work is done,
they would be able start working on the Pavement Evaluation and produce reports of priorities
throughout the County. The Pavement Evaluation and Recommendation should be available in
October or November, 2013.
Mr. Wilson also updated the Board concerning the Space Utilization Plan. At this time they are
holding one on one meetings with the departments they identified having major issues. After
they meet with these departments, they will hold a Public Hearing regarding this issue at the
Board of County Commissioners' Meeting in August or September, 2013 to adopt the Plan.
Mr. Wilson presented the Board of County Commissioners with a skateboard panel signed by
members of a Skateboarding Group in Key Largo thanking the Board for resurfacing the Key
Largo Community Skate Park.
COUNTY ADMINISTRATOR
Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition addressed the Board
concerning the following items:
Item 07 Approval of Monroe County RESTORE Act Local Advisory Committee's project
funding application form and timetable.
Item 08 Approval to submit County projects for RESTORE Act funding in local and
consortium potj s.
After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner
Murphy to approve both items. Motion carried unanimously.
GROWTH MANAGEMENT — BULK APPROVALS
Item H10 Rich Jones, Sr. Administrator of Marine Resources addressed the Board
concerning the approval of Amendment No. 2 to the Agreement between Monroe County
(County) and Pumpout USA, Inc. (Contractor) for Keys Wide Mobile Vessel Pumpout Service,
continuing to provide quarterly payments, but deleting the required monthly and quarterly
pumpout quota and associated per unit pumpout price, providing for a slip for the Contractor's
pumpout boat at the Murray Nelson Government Center in Key Largo, and providing for
07/17/2013 Page 12
evaluation of the Contractor's performance in January, 2014. After discussion, a motion was
made by Commissioner Kolhage and seconded by Commissioner Murphy requesting the Clerk
of Courts, Amy Heavilin, to perform an audit at the end of the first Fiscal Period to ascertain
what the costs actually are, to determine any subsequent contracts. Motion carried unanimously.
GROWTH MANAGEMENT
Item I1 Mayte Santamaria, Assistant Director of Planning and Environmental Resources
and Christine Hurley, Growth Management Director addressed the Board concerning the
requirement of Administration Commission Rule to adopt the Tier Overlay Zoning Maps into the
Comprehensive Plan. After discussion, a motion was made by Commissioner Kolhage and
seconded by Commissioner Carruthers to direct staff and County Attorney to proceed to request
for the Administration Committee to change the Rule and eliminate the requirements that the
County adopted as the Tier Overlay Zoning Map into the Comprehensive Plan. Motion carried
unanimously.
WASTEWATER ISSUES
Item J1 Kevin Wilson, Public Works & Engineering Director addressed the Board
concerning the approval for Amendment #7 for the Interlocal Agreement (ILA) with the Florida
Keys Aqueduct Authority to establish a revised method for determining the cash advance
scheduling for the project. (This item was postponed for a later time in the meeting so FKAA
staff could be present.)
GROWTH MANAGEMENT
Item I2 Christine Hurley, Growth Management Director addressed the Board concerning
adoption of a proposed County Ordinance amending Section 17 -2 and Section 17 -6, of the
Monroe County Code to clarify prohibitions regarding the parking and storage of vehicles;
watercraft; and /or wrecked, inoperative or partially dismantle vehicles and watercraft on County
roads, rights -of -ways, on private property and in residential districts throughout Monroe County.
After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to direct staff to bring back an Ordinance. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item 03 Rhonda Haag, Sustainability Program Manager addressed the Board concerning
the approval of the Resolution endorsing the Southeast Florida Mayors' Climate Action Pledge,
urging municipal mayors in Monroe County to join the Action Pledge, and reaffirming support
for the Southeast Florida Regional Climate Change Compact and collaborative implementation
of the Regional Climate Action Plan. After discussion, a motion was made by Commissioner
Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 210 -2013
Said Resolution is incorporated herein by reference.
07/17/2013 Page 13
Item 06 Rhonda Haag, Sustainability Program Manager addressed the Board concerning
the approval and ratification of a Settlement Agreement with the FL Department of
Environmental Protection (FDEP) for work performed under Grant 50640 for bathymetric
surveys and collection and analysis of soil samples. After discussion, a motion was made by
Commissioner Kolhage and seconded by Commissioner Rice to approve the item. Motion
carried unanimously.
COUNTY ATTORNEY
Item P 1 Report — Bob Shillinger, County Attorney updated the Board regarding the case
between Thomas Collins vs. Monroe County and requested to hold an Attorney Client - Closed
Session regarding this case on the next Board of County Commissioners' meeting on August
20, 2013 at 1:30p.m. Mr. Shillinger further updated the Board regarding the Public Record Suit
with respect to the Engineering Report; a hearing is scheduled in front of Judge Audlin July 24
2013.
COUNTY ADMINISTRATOR
Item O1 Report - Roman Gastesi, County Administrator congratulated the Budget and
Finance staff for their effort on preparing the Budget. Mr. Gastesi updated the Board on possibly
bringing an item to the next Board of County Commissioners' meeting to start the Legislative
Package. Mr. Gastesi further advised the Board regarding the Mayfield situation. Mr. Gastesi
addressed the Board regarding the Affordable Health Care; Mr. Gastesi will bring all the details
concerning this issue to the Board of County Commissioner's Budget meetings on July 29 &
30th, 2013.
WASTEWATER ISSUES
Item J1 Approval for Amendment #7 for the Interlocal Agreement (ILA) with the Florida
Keys Aqueduct Authority to establish a revised method for determining the cash advance
scheduling for the project.
Item J2 Update on construction and financial status of the Cudjoe Regional Wastewater
project.
The following individual addressed the Board: Bill Hunter, representing Sugarloaf Shores
Property Owners Association; Walter Drabinski, Larry Francisco, representing Cudjoe Gardens
Property Owners Association and Deb Curlee. Kevin Wilson, Public Works & Engineering
Director and Bob Shillinger, County Attorney addressed the Board. After discussion, Mayor
Neugent directed Bob Shillinger, County Attorney to investigate the questions regarding the ILA
and notices.
07/17/2013 Page 14
CLOSED SESSION
Item L1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Monroe County Board of County Commissioners vs. Gonzalez Architects, et al,
Case No. 07-CA- 1428K/2008-CA-45 8-K Consolidated at the July 17 2013 BOCC meeting.
The persons attending the meeting will be the County Commissioners, County Administrator
Roman Gastesi; Bob Shillinger, County Attorney; Assistant County Attorney Nat Cassel; Special
Litigation Counsel Ira Libanoff; 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
MONROE COUNTY TAX COLLECTOR
Item G1 Danise Henriquez, Monroe County Tax Collector addressed the Board concerning
the approval of the recap of the 2012 tax roll and the list of errors and insolvencies for the 2012
tax roll, and approval to extend the 2013 tax roll and the bills be mailed prior to completion of
Value Adjustment Board Hearings. After discussion, a motion was made by Commissioner Rice
and seconded by Commissioner Kolhage to approve the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Item M1 Approval of a resolution of support, endorsement, and recognition that the
establishment of coral reef nurseries as zoological parks in Florida Keys National Marine
Sanctuary waters nurturing and growing coral for the replanting of reefs which have be
decimated by run -off, nutrient loaded waters, ship groundings and other damaging impacts. The
Monroe County Board of County Commissioners recognizes the negative impact to tourism that
an unhealthy coral reef system could have on our visiting tourist bed tax and impact to our
overall Keys economy. The following individuals addressed the Board: Dr. David Vaughan,
representing the Mote Tropical Research Lab; Chris Bergh, representing The Nature
Conservancy; Billy Causey, representing NOAA Southeast Region National Marine Sanctuary
Program. Bob Shillinger, County Attorney addressed the Board. After discussion, a motion was
made by Commissioner Murphy and seconded by Commissioner Rice to approve the following
Resolution.
RESOLUTION NO. 211 -2013
Said Resolution is incorporated herein by reference.
Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
07/17/2013 Page 15
Motion carried.
The Board discussed the negative impact to tourism that an unhealthy coral reef system could
have on our visiting tourist bed tax and impact to our overall Keys economy. Bob Shillinger,
County Attorney addressed the Board. After discussion, a motion was made by Commissioner
Carruthers and seconded by Commissioner Murphy to direct staff to draft a letter seeking the
Attorney General's opinion regarding this matter. Motion carried unanimously.
PUBLIC HEARINGS
Item R1 A Public Hearing to adopt the Final Assessment Resolution (FAR) describing the
method of assessment for properties in the Big Coppitt/Duck Key Supplemental Assessment
area. This item has been continued from the June 19, 2013 meeting so that some properties in the
Duck Key area that were overlooked with the original mailing could receive their 1 st class
notices and be notified of the 3:00 pm Public Hearing at the July 17th meeting. There was no
public input. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to approve the following Resolution. Motion carried unanimously.
RESOLUTION NO. 212 -2013
Said Resolution is incorporated herein by reference.
Item R2 A Public Hearing to consider an Ordinance amending Monroe County Code
(MCC) Section 130 -160 pertaining to transferable development rights (TDR's) by revising the
provisions of the section to be consistent with Monroe County Comprehensive Plan (CP) Policy
101.13.4. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to approve the following ordinance. Motion carried unanimously.
ORDINANCE NO. 025 -2013
Said Ordinance is incorporated herein by reference.
Item R3 A Public Hearing to consider an Ordinance establishing Monroe County Code
Section 130 -102, Horses and other livestock, establishing regulations related to the keeping of
horses and other livestock in Monroe County. The following individual addressed the Board: Bud
Cornell. Joe Haberman, Planning & Development review Manager, Christine Hurley, Director of
Growth Management and Bob Shillinger, County Attorney addressed the Board. After
discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers to continue the Public Hearing at the next Board of County Commissioners' meeting
on August 21 2013. Motion carried unanimously.
Item R4 A Public Hearing to consider a County Ordinance amending Monroe County
Code, Chapter 6, Section 6 -23 clarifying the definition of normal maintenance or ordinary minor
repair work; amending Monroe County Code, Chapter 6, Section 6- 100(a) increasing the dollar
amount of the building permit exception for minor repairs from the current amount of $1,000 to
$2,500; clarifying the applicability and limitations of this section; clarifying the exception for
work in areas subject to floodplain management requirements; removing tool sheds from the
listed exceptions with an effective date of July 1, 2013; and removing shutters from the listed
07/17/2013 Page 16
exceptions. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice to approve the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 026 -2013
Said Ordinance is incorporated herein by reference.
Item R5 A Public Hearing to consider a County Ordinance amending Monroe County
Code, Chapter 6, Section 6- 237(a)(1) clarifying the method in which a contractor's Certificate of
Competency may be obtained; and providing deadlines for an applicant to take and pass all
required examinations (s) for his /her desired discipline. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Murphy to approve the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 027 -2013
Said Ordinance is incorporated herein by reference.
Item R6 A Public Hearing to consider a County Ordinance amending Monroe County
Code, Chapter 6, Sections 6- 240(a); 6- 240(b) and 6 -242 clarifying the powers and the duties of
the Contractors' Examining Board (CEB) regarding license renewals and reinstatement of lapsed
Certificates of Competency; providing for a grace period and late renewal penalty. There was no
public input. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to approve the following. Motion carried unanimously.
ORDINANCE NO. 028 -2013
Said Ordinance is incorporated herein by reference.
Item R7 A Public Hearing to receive comments on the Noise Compatibility Program for the
Key West International Airport Part 150 Noise Study. There was no public input. After
discussion, a motion was made by Commissioner Rice and seconded by Commissioner Murphy to
approve the item. Motion carried unanimously.
Item R8 A Public Hearing to consider adoption of an Ordinance creating Sec. 2 -28,
Monroe County Code setting the public official bond amounts for County Commissioners and
Constitutional Officers pursuant to Chapters 137, 28 and 30, Florida Statutes and providing an
insurance alternative if insurance coverage is purchased in excess of the public official bond
amount required. There was no public input. After discussion, a motion was made by
Commissioner Murphy and seconded by Commissioner Rice to approve the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 029 -2013
Said Ordinance is incorporated herein by reference.
Item R9 A Public Hearing to consider an Ordinance creating Monroe County Code
Chapter 23 -42, creating an additional homestead exemption to certain persons 65 or older, as
allowed pursuant to F. S. 196.075, as voted on by the citizens of Florida in the November 2012
elections. There was no public input. After discussion, a motion was made by Commissioner
07/17/2013 Page 17
Murphy and seconded by Commissioner Kolhage to approve the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 030 -2013
Said Ordinance is incorporated herein by reference.
Item R10 A Public Hearing for an Ordinance amending Section 19 -33 of the Monroe County
Code to provide an exception for homeowner's associations to obtain a permit for limited
landscaping around wastewater lift stations in County public right -of -way when the homeowner's
association agrees to be responsible for the maintenance of the landscaping. There was no public
input. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Kolhage to approve the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 031 -2013
Said Ordinance is incorporated herein by reference.
There being no further 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
07/17/2013 Page 18