09/17/2013 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, September 17, 2013
Marathon, 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; 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
Murphy granting approval of the Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B 1 Presentation of Proclamation declaring September 2013 National Preparedness
Month in Monroe County.
Item B2 Presentation of a proclamation declaring October 6 — 12, 2013 Fire Prevention
Week with the theme "Kitchen Fires ".
The Board of County Commissioners also presented Mr. Iry Watson, Florida Department of
Correction Officer and Mr. Steve Levine, Publix Manager with an Honorary Conchs' Award.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Mayor Neugent granting approval of
the following items by unanimous consent:
Item C1 Board granted approval of ratification of the previously executed Federal Aviation
Administration Grant #3 -12- 0044 - 031 -2013 providing funding to "Improve Terminal Building
(Utilities: Sewer Lateral Connections) and Develop Wildlife Hazard Management Plan" as more
particularly described in the Project Application dated 7 -18 -2013 at The Florida Keys Marathon
Airport.
09/17/2013 Pagel
Item C2 Board granted approval of ratification of the previously executed Federal Aviation
Administration Grant #3 -12- 0037 - 047 -2013 providing funding to "Improve Airport Access
Road; Improve Runway 27 Safety Area (EMAS -Phase 1); Acquire Land for Runway 27
Approach Area; Improve Airport Drainage (Phase 1); Rehabilitate Terminal Building (Customs
Facility) and Update Airport Master Plan Study" at the Key West International Airport.
Item C3 Board granted approval for the Key West Library to close on Saturday, October
26, 2013.
Item C4 Board granted approval of the filing of a grant application and agreement for State
Aid to Libraries from the Florida Department of State, Department of Library and Information
Services, and execution of same with the proper County authorities.
Item C5 Board granted approval of the Library Long -Range Plan of Service for the years
2014 -2016.
Item C6 Board granted approval to rescind previously incorrect price quote for our
Microsoft Volume Licensing Agreement and to replace with corrected pricing quote #6707480.
Total cost for 36 month term changes from $272,000.22 to $353,445.33.
Item C7 Board granted approval of a three (3) year agreement for the ESRI Small
Municipal and County Government Enterprise License Agreement with Environmental Systems
Research Institute, Inc. for access to geographic information system (GIS) software on an
unlimited basis and including software maintenance as provided in quotation #20426842. Total
cost for 36 month term is $159,555.00.
Item C8 Board granted approval of Comcast Enterprise Services Sales Order Form FL-
278919- dkeen- 260324 under the existing Comcast Master Service Agreement FL- 278919 -dkeen
to provide digital broadcast services for Monroe County Television's channel 76 on Comcast in
the Keys. Total cost for 36 month term is $32,508.00.
Item C9 Board granted approval of annual update to Exhibit A as per the Memorandum of
Understanding (MOU) between Monroe County and the University of Florida (UF) effective
October 1, 2006 that specifies FY 2014 payroll costs for the jointly funded Extension Agent
positions.
Item C10 Board granted issuance (renewal) of a Certificate of Public Convenience and
Necessity (COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS
transport ambulance service for the period October 1, 2013 through September 30, 2015.
Item C11 Board granted approval of Amendment #0002 to Florida Department of Children
and Families Standard Grant Agreement #KPZ06, Emergency Solutions Grant (ESG) between
the State of Florida, Department of Children and Families and Monroe County Board of County
Commissioners (Social Services /In Home Services).
09/17/2013 Page 2
Item C12 Board granted approval of Amendment #0001 to Florida Department of Children
and Families Standard Grant Agreement #KG069, Community Care for Disabled Adults
(CCDA) between the State of Florida, Department of Children and Families and Monroe County
Board of County Commissioners (Social Services /In Home Services).
Item C13 Board granted approval of Aged and Disabled Adult Medicaid Waiver (ADA-
MW) Referral Agreement between the Alliance for Aging, Inc. and the Monroe County Board of
County Commissioners (Social Services /In -Home Services) for Home Delivered Meals.
Item C14 Board granted approval of the Renewal of the Home and Community Based -
Medicaid Waiver (ADA -MW) Referral Agreement between the Alliance for Aging, Inc. and
Monroe County Board of County Commissioners (Monroe County Bayshore Manor) for Facility
Based Respite.
Item C15 Board granted approval of Aged and Disabled Adult Medicaid Waiver (ADA-
MW) Referral Agreement between the Alliance for Aging, Inc. and the Monroe County Board of
County Commissioners (Social Services /In -Home Services) for Case Management.
Item C16 Board granted approval of Amendment 003 to Contract US -1351 between the
Alliance for Aging, Inc. and Monroe County Board of County Commissioners. This amendment
decreases the contracted amount by $1,519.80 for a total allocation of $26,509.44, as a result of a
reduction in funding by the USDA.
Item C17 Board granted approval of Amendment 001 to the Alzheimer's Disease Initiative
(ADI) Contract KZ -1397 between the Alliance for Aging, Inc. (Area Agency on Aging) and the
Monroe County Board of County Commissioners (Social Services /In -Home Services) for fiscal
year 7/1/13 to 6/30/14.
Item C22 Board granted approval of all four (4) haulers (Waste Management, Marathon
Garbage, Keys Sanitary and Ocean Reef) Solid Waste Rate's Exhibit II, Collection and
Maintenance Fees.
Item C23 Board granted approval of 2013/14 Exhibit V, which applies to all four (4)
existing franchise agreements concerning fees charged to customers by the Franchisees for
"Special Services." These services are out of the ordinary services provided in addition to
standard Solid Waste Services. It includes but is not limited to rolling out containers, back door
service, or closing and opening gates.
Item C24 Board granted approval to exercise the second option renewal agreement with E E
& G Environmental Services, LLC, for professional beach cleaning, maintenance and
beautification, Higgs Beach, Key West.
Item C25 Board granted approval to exercise second option to renew the contract with TEM
Environmental & Mechanical Services, Corp. for Lower Keys facilities central air conditioning
requested maintenance and repair.
09/17/2013 Page 3
Item C26 Board granted approval to exercise second option to renew the contract with TEM
Environmental & Mechanical Services, Corp. for Middle Keys facilities central air conditioning
requested maintenance and repair.
Item C28 Board granted approval to enter into a one -year residential lease agreement with
Monroe County Sheriff s Deputy to reside in a Monroe County -owned residence (Location Q.
Item C29 Board granted approval to exercise the second renewal option of the contract with
Siemens Industry, Inc. for testing, certification, and maintenance of the Monroe County
Detention Center's fire alarm system, building automation system, and smoke control system;
the Sheriffs Administration Building's fire alarm system and building automation system; the
Juvenile Justice Center's fire alarm system and building automation system; the Courthouse
Annex's fire alarm system, the Marathon Government Center building automation system and
Crawl Key Medical Examiner's Office building automation system (HVAC).
Item C30 Board granted approval of the first Amendment to the construction contract with
American Bridge Company for the Old SR 940 Leg A (Watson Boulevard) Bridge repair project
that deletes an outdated version of FHWA Form 1273 and replaces it with the current version.
The form is required by the Florida Department of Transportation (FDOT) for projects funded
through the Local Agency Program (LAP).
Item C31 Board granted approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office.
Item C32 Board granted approval of an Option to Renew and First Amendment to the
Agreement with the Florida Keys Council of the Arts in order to renew the agreement for another
year and to amend the Agreement to show minor personnel changes.
Item C33 Board granted approval to waive purchasing policy and to negotiate a contract
with William P. Horn Architect P.A. for the Redevelopment of Bernstein Park on Stock Island.
The only irregularity in the bid was the failure to include the Drug -Free Workplace form in the
bid package. This project will be funded by the One Cent Infrastructure Tax.
Item C34 Board granted approval for the 2013 "Aviation Day" Event at the Florida Keys
Marathon Airport on Saturday, November 9th, 2013.
Item C36 Board granted approval to accept renewal with VFIS to provide Portable
Equipment and Emergency Apparatus Insurance and authorize the Risk Management
Administrator to sign the Florida Consent- to- Rate/Excess Rate Application.
Item C37 Board granted approval to renew the insurance policy with Florida Municipal
Insurance Trust Agreement #386 to provide General Liability, Vehicle Liability and Public
Officials/Employee Practices Liability and authorize the Risk Management Administrator to sign
the Quote Acceptance Form to bind coverage.
09/17/2013 Page 4
Item C38 Board granted approval for renewal with Vision Service Plan Insurance
Company, for fully- insured voluntary vision benefits for a term of three (3) years to become
effective January 1, 2013 through December 31, 2016, with staff signing the necessary forms.
Item C39 Board granted approval to purchase Specific Excess Workers' Compensation
Insurance with Preferred Governmental Insurance Trust. Annual premium of $401,366
(auditable) with self - insured retention of $500,000 for the period of October 1, 2013 through
October 1, 2014.
Item C40 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. 246 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2)
RESOLUTION NO. 247 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3)
RESOLUTION NO. 248 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4)
RESOLUTION NO. 249 -2013
Said Resolution is incorporated herein by reference.
Resolution amending Resolution 197 -2013 (OMB Schedule Item No. 5)
RESOLUTION NO. 250 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6)
RESOLUTION NO. 251 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7)
RESOLUTION NO. 252 -2013
Said Resolution is incorporated herein by reference.
Resolution amending Resolution 216 -2013 (OMB Schedule Item No. 8)
RESOLUTION NO. 253 -2013
Said Resolution is incorporated herein by reference.
09/17/2013 Page 5
Receipt of Unanticipated Funds (OMB Schedule Item No. 9)
RESOLUTION NO. 254 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 255 -2013
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11)
RESOLUTION NO. 256 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 257 -2013
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 258 -2013
Said Resolution is incorporated herein by reference.
Item C41 Board granted approval to close fund 405 KW AIP Series 2006 Bonds, and approval
to instruct the Clerk of Court to transfer residual funds to the Key West Int'1 Airport Fund 404
and Passenger Facility Chg Fund 406.
Item C42 Board granted approval of a Resolution ratifying submission of the Florida
Department of Law Enforcement Residential Substance Abuse Treatment application for funding
due to a submission deadline of August 30, 2013 and authorizing the County Administrator to
execute the application, acceptance of award and related documents.
RESOLUTION NO. 259 -2013
Said Resolution is incorporated herein by reference.
Item C43 Board granted approval to accept proposal from Evergreen to conduct a Job
Classification and Compensation Study at a fee of $82,000.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Agreement with DestiMetrics, LLC to provide
Reservation Activity Outlook Reports for the Monroe County Tourist Development Council to
commence on October 1, 2013 and terminate on September 30, 2016, with an option to extend
for an additional two (2) year period.
Item D2 Board granted approval of an Amendment to Agreement with C.B. Schmitt Real
Estate Co, Inc. to provide office and parking space for the Monroe County Tourist Development
Council administrative office for an additional five (5) years with no monthly increase to current
09/17/2013 Page 6
rent, and with an option to extend for an additional five (5) years with the rent to be re- negotiated
at fair market rent in effect at that time.
Item D3 Board granted approval of the 2013/2014 Monroe County Tourist Development
Council Marketing Plan.
GROWTH MANAGEMENT — BULK APPROVALS
Item G1 Board granted approval of refund to Patrick and Nancy Brown for FEMA Flood
Inspection permit issued on June 26, 2013 in the amount of $300.00.
Item G2 Board granted approval of appointment of Architect Peter Pike to a three (3) year
term to the Construction Board of Adjustment and Appeals Committee (CBAA) beginning
September 18, 2013, ending September 18, 2016.
Item G3 Board granted approval of a Resolution by the Monroe County Board of County
Commissioners amending the Building Department Fee Schedule clarifying fees for: shutter
permits, permit investigations for closing open or expired permits and re- opening permits on a
per discipline charge, the Florida Permit Surcharge Program and eliminating over - the - counter
permit fees.
RESOLUTION NO. 260 -2013
Said Resolution is incorporated herein by reference
Item G5 Board granted approval of Amendment No. 2 to Contract between Dot Palm
Landscaping, Inc. to and Monroe County, extending contract to May 16, 2014 at an additional
cost of $65,000.
Item G6 Board granted approval of a task assignment in the amount of $79,659.30 for
URS Corporation Southern to conduct a Capacity Improvement Feasibility Analysis to evaluate
potential improvements for Level of Service (LOS) on US 1.
Item G7 Board granted approval of First amendment to Contract for Professional Services
between Monroe County and Maximus Consulting Services, Inc. to conduct development
approval fee analysis to include a comparison of other jurisdiction's fees.
Item G8 Board granted permission to advertise a Request for Proposals (RFP) for a
Consultant to furnish temporary, part-time "on- call" licensed professionals to conduct plan,
review, inspection services, development and environmental review to support the day -to -day
operations of the Growth Management Division and Fire Department related to issuance of
building permits.
Item G9 Board granted approval of the 2013 US IArterial Travel Time and Delay Study.
09/17/2013 Page 7
Item G11 Board granted approval of Resolution reserving fifty (50) affordable housing
allocations for a proposed project at 2 North Blackwater Lane, Key Largo (Approximately Mile
Marker 105), having real estate number 00084260.000100.
RESOLUTION NO. 261 -2013
Said Resolution is incorporated herein by reference
MONROE COUNTY SHERIFF DEPARTMENT
Item K1 Board granted approval of Request for Expenditure from the Law Enforcement
Trust Fund.
Item K2 Board granted approval to execute Amendment #0002 to DCF Criminal Justice
Mental Health and Substance Abuse Reinvestment Grant/MOU for the "Third Year ".
Item K3 Board granted approval of First Amendment to Contract for Local Police Services
with the City of Marathon, the Monroe County Sheriff's Office and the BOCC.
Item K4 Board granted approval of Fourth Amendment to Contract for Local Police
Services with the Village of Islamorada, the Monroe County Sheriff s Office and the BOCC.
Item K5 Board granted approval of First Amendment to Contract for Law Enforcement
and Security Services at Key West Airport with the Monroe County Sheriffs Office and the
BOCC.
COMMISSIONERS' ITEMS
Item M1 Board granted approval to George McHugh to the Library Advisory Board. His
term will expire November, 2016.
Item M2 Board granted adopted a Resolution of the Board of Commissioners of Monroe
County, Florida applauding the Ocean Conservancy and the Florida Keys National Marine
Sanctuary for their efforts in organizing and carrying out a Keys wide beach cleanup to take
place on September 21, 2013.
RESOLUTION NO. 262 -2013
Said Resolution is incorporated herein by reference
COUNTY CLERK
Item N2 Board granted official approval of the Board of County Commissioners minutes
from the July 17, 2013 regular meeting (previously distributed).
Item N3 Board granted approval of Warrants for the month of August, 2013: (107341-
107404 & 584680 - 585576): General Fund (001), in the amount of $2,001,444.91; Fine &
Forfeiture Fund (101), in the amount of $3,260,893.09; Road and Bridge Fund (102), in the
09/17/2013 Page 8
amount of $33,687.53; TDC District Two Penny (115), in the amount of $377,050.84; TDC
Admin. & Promo 2 Cent (116), in the amount of $727,975.63; TDC District 1,3 Cent (117), in
the amount of $691,568.16; TDC District 2,3 Cent (118), in the amount of $48,600.89; TDC
District 3,3 Cent (119), in the amount of $150,606.90; TDC District 4,3 Cent (120), in the
amount of $85,468.52; TDC District 5,3 Cent (121), in the amount of $185,052.42; Gov. Fund
Type Grants (125), in the amount of $357,145.13; Impact Fees Roadways (130), in the amount
of $100.00; Fire & Amb District 1 L &M Keys (141), in the amount of $193,426.87; Upper
Keys Health Care (144), in the amount of $5,969.24; Uninc Svc Dist Parks & Rec (147), in
the amount of $53,059.07; Plan, Build, Zoning (148), in the amount of $68,919.17; Municipal
Policing (149), in the amount of $508,687.54; Duck Key Security (152), in the amount of
$44,981.50; Boating Improvement Fund (157), in the amount of $128,795.62; Misc. Special
Revenue Fund (158), in the amount of $47,583.41; Environmental Restoration (160), in the
amount of $3,846.35; Court Facilities Fees -602 (163), in the amount of $208.64; Building
Fund (180), in the amount of $11,352.83; Cent Infra Surtax (304), in the amount of $7,633.22;
INFR Sle Srtx Rev Bds2007 (308), in the amount of $315,396.30; Cudjoe Regional (312), in
the amount of $179.00; Card Sound Bridge (401), in the amount of $3,304.77; Marathon
Airport (403), in the amount of $156,135.45; Key West Intl. Airport (404), in the amount of
$869,989.95; KW AIP Series 2006 Bonds (405), in the amount of $1,977.96; MSD Solid
Waste (414), in the amount of $1,359,675.58; Worker's Compensation (501), in the amount of
$6,301.24; Group Insurance Fund (502), in the amount of $1,140,209.26; Risk Management
Fund (503), in the amount of $71,836.70; Fleet Management Fund (504), in the amount of
$91,464.94.
Item N4 Board granted approval of Tourist Development Council expenditures for the
month of August, 2013.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid.
COUNTY ADMINISTRATOR
Item O1 Board granted approval of County Administrator's report.
Item 02 Board granted approval of new Agreement with William J. Peebles, P.A. and
Capitol Insight, LLC and termination of former Agreement dated December 12, 2012 for
professional consulting services representing the County's interests and advocating the County's
position on various legislative priorities including wastewater funding, land acquisition,
RESTORE Act, and other legislative issues and services as approved by the BOCC and assigned
by the County Administrator.
Item 04 Board granted adopted a Resolution by the Monroe County Board of County
Commissioners extending the Climate Change Advisory Committee (CCAC) to allow the
members to continue making recommendations regarding climate change mitigation and
adaptation strategies. A new sunset date of October 1, 2015 is established.
09/17/2013 Page 9
RESOLUTION NO. 263 -2013
Said Resolution is incorporated herein by reference
Item 05 Board granted approval of Amendment No. 1 to a Contract with AMEC
Environment & Infrastructure, Inc. to provide a no cost extension of time.
COUNTY ATTORNEY
Item P3 Board granted approval of Settlement Agreement in the Matter of Mailloux &
Sons, Inc. v Monroe County 2013 CA 197 A.
Item P4 Board granted approval of Settlement Agreement in the matter of Monroe County
v Jose Gonzalez, individually, and Gonzalez Architects, Case Number 07 -CA- 458 -K.
BULK APPROVALS
Item C35 Teresa Aguiar, Employee Services Division Director and Maria Fernandez -
Gonzalez, Sr. Benefits Administrator addressed the Board concerning the approval of revisions
to the Benefit Booklet (Plan Document) for Covered Plan Participants of the Group Health
Insurance Plan. After further discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Kolhage to add the changes to the plan adjusting benefits now to a
minimum of 30 days to receive them for new hires starting January 2014. Motion carried
unanimously.
Bob Shillinger, County Attorney addressed the Board regarding Item P -2. This item was
approved in Bulk but the owner of the property, Bob Charles wanted to speak but was late
turning his speaker card in. After discussion, a motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy to reconsider Item P -2. Motion carried unanimously.
Item P2 Approval to initiate collection proceedings, (complaint for foreclosure and money
judgment) in circuit court for liens filed on behalf of the County in Code Enforcement Case(s)
CE11010006 and CE07080101. The following individuals addressed the Board: Bob Charles.
Steve Williams, Assistant County Attorney. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Murphy to grant approval of the item.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Item D4 Announcement of one vacant position on the Tourist Development Council
District II Advisory Committee for one "At Large" appointment.
Item D5 Announcement of one vacant position on the Tourist Development Council
District V Advisory Committee for one "At Large" appointment.
09/17/2013 Page 10
STAFF REPORT
Item E5 Public Works/Engineering/Project Management - Kevin Wilson, Public Works &
Engineering Division Director updated the Board regarding the following topics: the Cudjoe
Regional Wastewater Project; the paving in the Cudjoe region and the upcoming proposed
changes in Cudjoe Scope of Work. Judy Clarke, Engineering Director updated the Board
regarding the paving evaluation/rehabilitation status and schedule.
DIVISION OF GROWTH MANAGEMENT
Item H1 Presentation by the Florida Fish & Wildlife Conservation Commission on the
implementation status of the Pilot Program anchoring ordinance for Monroe County. The
following individuals addressed the Board: Rich Jones, Sr. Administrator - Marine Resources;
Capt. P.J. Langley, Florida Fish and Wildlife and Sherriff Rick Ramsay.
ENGINEERING
Item I1 Presentation of condition assessment of the Old Seven Mile Bridge from Knight's
Key to Pigeon Key by HDR Engineering, Inc. The following individuals addressed the Board:
Judy Clarke, Engineering Director; Nelson Canjura, representing HDR Engineering and Gus
Pego, FDOT District Six Secretary. Robert DeHaven, Arnie Steinmetz, Leigh Ann Card;
Michael Puto representing Friends of the Old Seven and Deb Curlee.
CLOSED SESSION
Item J3 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session in
the matter of Monroe County vs. Patricia Lloyd, Case No. CA -K -12 -1176. The persons attending
the meeting will be the County Commissioners, County Administrator Roman Gastesi; Bob
Shillinger, County Attorney; Assistant County Attorney Steve Williams; 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
EMPLOYEE SERVICES
Item L1 Teresa Aguiar, Employee Services Director and Maria Fernandez - Gonzalez, Sr.
Benefits Administrator addressed the Board regarding discussion and approval of Group Health
plan changes to become effective January 1, 2014. After discussion, the Board directed staff to
bring the item back to the next Board of County Commissioners Meeting in October with all the
scenarios the Commissioners suggested.
09/17/2013 Page11
ENGINEERING
Item I3 Appeal by Boos Development Inc. of the denial of a right -of -way permit for work
on 3rd Street, Stock Island as part of development of a CVS store. (THIS IS A QUASI -
JUDICIAL HEARING). The following individuals addressed the Board: Judy Clarke,
Engineering Director; Bob Shillinger, County Attorney; Joe Haberman, Planning &
Development Review Manager and Raj Shanmugan, Traffic Consultant. Bart Smith, Attorney
representing Boos Development; Todd Hendrix, CPH Engineers and Raghu Veturi, CPH
Engineers. After discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to deny the appeal. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
No
Mayor Neugent
No
Motion carried.
COUNTY ADMINISTRATOR
Item 06 Approval to enter into Agreement for Sale and Purchase of the property known as
Rowell's Marina, including Tracts 1 and 2, plus a breakwater peninsular, Parcel "A" and rock
jetty and land, Parcel `B ", located at 104550 Overseas Highway, Key Largo for the purchase
price of no more than Five Million Dollars and no /cents. The following individuals address the
Board: Pauline Klein, Kay Thacker, John Stuart; Craig Cope, Representing the Key Largo
Chamber of Commerce; Robert Stoky, representing the Key Largo Merchant Association; Jim
Saunders, representing Key Largo Community Preservation Foundation; and Ron Miller.
Roman Gastesi, County Administrator; Bob Ward, Information Technology Director; Nat
Cassel, Assistant County Attorney and Bob Shillinger, County Attorney. After discussion, a
motion was made by Commissioner Rice and seconded by Commissioner Murphy to grant
approval of the item as amended. Said amendment is as follows: Extended from 60 to 90 days
due diligence period, as well as include a contingent in which the Board will have the final say
on the transaction based on the potential plan for its uses. Roll call vote was taken with the
following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
Mayor Neugent excused himself from the meeting.
09/17/2013 Page 12
Item 03 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition and
Christine Hurley, Growth Management Director addressed the Board regarding the approval of
the Monroe County 2014 State and Federal Legislative Agenda. After discussion, a motion was
made by Commissioner Rice and seconded by Commissioner Kolhage to grant approval of the
item including the new additions. Motion carried unanimously.
PUBLIC HEARINGS
Item Q9 A Public Hearing to consider an Ordinance by the Monroe County Board of
County Commissioners amending Monroe County Code §101 -1, Definitions, to revise the
definition of Coastal Barrier Resources System (CBRS) to be consistent with the Federal Coastal
Barrier Resources Act; amending §130 -122, Coastal Barrier Resources System Overlay District
to distinguish between Federal and County purposes; revising the application of the CBRS
overlay district to be consistent with CBRS objectives and policies of the Monroe County Year
2010 Comprehensive Plan. (Legislative Proceeding). After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Murphy to continue the Public Hearing to
the next Board of County Commissioners meeting in October. Motion carried unanimously.
Item Q1 A Public Hearing to consider approval of an Ordinance amending Section 21 -71
of the Monroe County Code extending the allowable term of solid waste collection agreements
from five years to ten years. The following individuals addressed the Board: Bill Hunter. Bob
Shillinger, County Attorney. After discussion, a motion was made by Commissioner Murphy
and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 034 -2013
Said Ordinance is incorporated herein by reference
Item Q2 A Public Hearing to consider approval of an Ordinance amending Sections 2 -346
and 2 -347 of the Monroe County Code clarifying the definition and exception from competitive
bidding relating to utilities OR, alternatively, amending Section 2 -347 to add solid waste services
to the exemptions as outlined in subsection (e)(5). The following individuals address the
Board: Robert Cintron, representing Advanced Disposal Services and Bruce Williams. Bob
Shillinger, County Attorney and Roman Gastesi, County Administrator. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to adopt
the following Ordinance choosing alternative option #2. Roll call vote was taken with the
following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
No
Mayor Neugent
Absent
Motion carried.
09/17/2013 Page 13
ORDINANCE NO. 035 -2013
Said Ordinance is incorporated herein by reference
Item Q10 Continuation of Public Hearing to consider adoption of an Ordinance amending
Section 18 -27 of the Monroe County Code adding The Murray E. Nelson Government Center
Park and establish rules and regulations regarding the operation of the park and the conduct of
those visiting the park. The following individuals addressed the Board: Patricia Donoflio, and
Chadwick Azevedo. Bob Shillinger, County Attorney. After discussion, a motion was made by
Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Ordinance
removing Section O and appropriately renumbering the Ordinance. Motion carried unanimously.
ORDINANCE NO. 036 -2013
Said Ordinance is incorporated herein by reference
Item Q3 A Public Hearing to consider approval of an Ordinance amending Section 4 -76 of
the Monroe County Code providing regulations relating to the keeping of horses and other
livestock in Monroe County. After discussion, a motion was made by Commissioner Kolhage
and seconded by Commissioner Murphy to continue the Public Hearing to the next Board of
County Commissioners meeting in October. Motion carried unanimously.
Item Q4 A Public Hearing to adopt an Ordinance by the Monroe County Board of County
Commissioners amending the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from Residential Medium (RM) to Mixed Use /Commercial (MC) for
property located at 10498 Overseas Highway, Mile Marker 104, Key Largo, Lots 1 -5, Block 4,
Revised Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County,
Florida, having real estate numbers 00511220- 000000, 00511220- 000100, and 00511220-
000101 (Legislative Proceeding). After discussion, a motion was made by Commissioner Rice
and Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 037 -2013
Said Ordinance is incorporated herein by reference
Item Q5 A Public Hearing to approve an Ordinance by the Monroe County Board of
County Commissioners amending the Land Use District (Zoning) Map of the Monroe County
Land Development Code from Improved Subdivision (IS) to Mixed Use (MU) for property
located at 10498 Overseas Highway, Mile Maker 104, Key Largo, Lots 1 -5, Block 4, Revised
Amended Plat of Riviera Village, PB2/P80 of the Public Records of Monroe County, Florida,
having real estate numbers 00511220- 000000, 00511220- 000100, and 00511220- 000101 (Quasi -
judicial Proceeding). After discussion, a motion was made by Commissioner Rice and
Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 038 -2013
Said Ordinance is incorporated herein by reference
Item Q6 A Public Hearing to adopt an Ordinance by the Monroe County Board of County
Commissioners amending the future land use map of the Monroe County Year 2010
09/17/2013 Page 14
Comprehensive Plan from Residential Medium (RM) to Mixed Use /Commercial (MC) for
property located at 98175 Overseas Highway, Mile Marker 98, Key Largo, Lots 1 & 12, Block 4,
Rock Harbor Estates, PB3/P187 of the Public Records of Monroe County, Florida, having real
estate number 00519750- 000000 (Legislative Proceeding). After discussion, a motion was made
by Commissioner Rice and Commissioner Kolhage to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 039 -2013
Said Ordinance is incorporated herein by reference
Item Q7 A Public Hearing to adopt an Ordinance by the Monroe County Board of County
Commissioners amending the Land Use District (Zoning) Map of the Monroe County Land
Development Code, from Improved Subdivision (IS) to Suburban Commercial (SC) for property
located at 98175 Overseas Highway, Mile Marker 98, Key Largo, Lots 1 & 12, Block 4, Rock
Harbor Estates, PB3/P187 of the Public Records of Monroe County, Florida, having real estate
number 00519750- 000000 (Quasi - judicial Proceeding). After discussion, a motion was made by
Commissioner Rice and Commissioner Murphy to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 040 -2013
Said Ordinance is incorporated herein by reference
Item Q8 A Public Hearing to consider an Ordinance by Monroe County BOCC 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 dismantled
vehicles and watercraft on County roads, rights -of -ways, on private property and in residential
districts throughout Monroe County. The following individuals addressed the Board: Christine
Hurley, Growth Management Director and Kathleen Winsor, Sr. Research Analyst. After
discussion, a motion was made by Commissioner Rice and seconded by Commissioner Murphy
to select version #2, removing the stipulation that the 42' x 8.5' wide will be enclosed or
screened. After further discussion, an amendment was made by Commissioner Kolhage and
approved by Commissioner Rice eliminating the less than 42' x 8.5' wide, continuing to only
have one per lot. Motion carried unanimously.
ORDINANCE NO. 041 -2013
Said Ordinance is incorporated herein by reference
GROWTH MANAGEMENT
Item G4 Christine Hurley, Growth Management Director addressed the Board concerning
the approval of Release of Use Agreement No. U -0342 between Monroe County (County) and
the Board of Trustees of the Internal Improvement Trust Fund (TIITF), releasing Monroe County
from the Use Agreement No. U -0342 dated October 18, 2006 which provided for Monroe
County to manage the state owned lands at the end of Summerland Road in Key Largo for the
purpose of resource protection, and prevention of unauthorized access and illegal dumping.
09/17/2013 Page 15
After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner
Rice to grant approval of the item. Motion carried unanimously.
Item G10 Christine Hurley, Growth Management Director and Kevin Wilson, Public Works
& Engineering Director addressed the Board concerning the approval of the Monroe County
Area of Critical State (ACSC) Annual Work Program Report, pursuant to Rule 28- 20.140,
F.A.C., which will be sent to the Department of Economic Opportunity (DEO). After discussion
a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to grant
approval of the item with the new changes. Motion carried unanimously.
COUNTY ADMINISTRATOR
Item 07 Roman Gastesi, County Administrator addressed the Board concerning the
approval of an Interlocal Agreement amending a February 20, 2013 Interlocal Agreement
regarding the distribution of the remaining $150 million in Mayfield Grant Funds. After
discussion, a motion was made by Commissioner Kolhage and Commissioner Murphy to grant
approval of the item. Motion carried unanimously.
COUNTY ATTORNEY
Item P1 Report - Bob Shillinger, County Attorney requested to the Board to have a Closed
Session in the matter of Sunset Marina Residences of Key West Condominium Association,
Inc. v. City of Key West and Monroe County, 16 Judicial Circuit Case No. 11 -CA -911 -K
October 16 2013 at 1:30p.m. or as soon thereafter as may be heard.
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
09/17/2013 Page 16