01/16/2014 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, January 16, 2014
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 George R. Nugent and Mayor Pro -Tem
Danny Kolhage. 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 A motion was made by Commissioner Neugent and second 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 Years of Service Award for 15 years of service to Monroe
County to John Kipp, Senior Technician Maintenance, Facilities Maintenance, Public Works
& Engineering Division.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting approval of the Bulk Approvals. Motion carried unanimously.
Item C1 Board granted approval to advertise a Solicitation for Proposals for a Provider
to conduct an evaluation of services, programs and communications and to develop a Monroe
County Americans with Disabilities Act Transition Plan.
ItemC2 Board granted approval to advertise a Solicitation for Proposals for a Provider
to serve as an Employee Assistance Program, to provide confidential counseling services to
employees and their dependents in the lower, middle and upper keys, and also to provide
educational group seminars and orientation group sessions.
Item C3 Board granted approval of a Workers' Compensation settlement in the amount
of $75,000.00 for JCC Case No.: 13- 029166RDM.
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Item C4 Board adopted various Resolutions for the transfer of funds and resolutions for
the receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1)
RESOLUTION NO. 001 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 2)
RESOLUTION NO. 002 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 3)
RESOLUTION NO. 003 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 4)
RESOLUTION NO. 004 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 5)
RESOLUTION NO. 005 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 6)
RESOLUTION NO. 006 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 7)
RESOLUTION NO. 007 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 8)
RESOLUTION NO. 008 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 9)
RESOLUTION NO. 009 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 010 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 11)
RESOLUTION NO. 011 -2014
Said Resolution is incorporated herein by reference
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Receipt of Unanticipated Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 012 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 013 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 14)
RESOLUTION NO. 014 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 15)
RESOLUTION NO. 015 -2014
Said Resolution is incorporated herein by reference
Item C5 Board granted approval to go out to Bid for janitorial services at the Florida
Keys Marathon Airport.
Item C6 Board granted approval of interim Agreement for Janitorial Services.
Item C7 Board granted approval for a Consent to Assignment for the Marathon General
Aviation FBO facility at the Florida Keys Marathon Airport.
Item C8 Board granted approval of an Agreement between Sixel Consulting Group, Inc.
and Monroe County for Air Service Development at The Key West International Airport.
Item C9 Board granted approval to award Bid and execute Contract for unleaded
gasoline and diesel fuel with Dion Oil Company, LLC.
Item C10 Board granted approval to forgive past due Fleet Management invoice totaling
$11,039.39 for repairs to a County -owned portable emergency generator that was on loan to
the Pigeon Key Foundation when it malfunctioned.
Item C11 Board granted approval of Agreement with Congressman Joe Garcia for office
space, Room 1 -213 at the Gato Building in Key West, FL. A
Item C12 Board granted approval from Monroe County Board of County Commissioners
for staff to negotiate an Agreement with Seatech, Inc. of the Florida Keys, for two (2)
Hazardous Material Prefabricated Storage Sheds, as replacement to the sheds located at the
Long Key and Cudjoe Transfer Stations. If agreement is not attained, then provide approval
to advertise and rebid the project.
Item C14 Board granted approval of Property Management Agreement for the
Bandstands on Higgs Beach.
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Item C15 Board granted approval to waive Purchasing Policies and issue Purchase
Order(s) to the lowest vendor(s) for shade structures at Higgs Beach Playground, Bay Point
Park, Big Pine Bark Park, Big Pine Community Park and Harry Harris Park.
Item C16 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with T.Y. Lin International /H.J. Ross for a period of 4 years with option
to renew for one additional year. T.Y. Lin International/H.J. Ross was one of the seven (7)
highest ranked respondents to the RFQ.
Item C17 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with Kisinger Campo & Associates for a period of 4 years with option
to renew for one additional year. Kisinger Campo & Associates was one of the seven (7)
highest ranked respondents to the RFQ.
Item C18 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with EAC Consulting Inc. for a period of 4 years with option to renew
for one additional year. EAC Consulting Inc. was one of the seven (7) highest ranked
respondents to the RFQ.
Item C19 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with Keith & Schnars, P.A. for a period of 4 years with option to renew
for one additional year. Keith & Schnars P.A. was one of the seven (7) highest ranked
respondents to the RFQ.
Item C20 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with CDM Smith Inc. for a period of 4 years with option to renew for
one additional year. CDM Smith Inc. was one of the seven (7) highest ranked respondents to
the RFQ.
Item C21 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with HDR Engineering Inc. for a period of 4 years with option to renew
for one additional year. HDR Engineering Inc. was one of the seven (7) highest ranked
respondents to the RFQ.
Item C22 Board granted approval to enter into an Agreement for On Call Professional
Engineering Services with Stantec Consulting Services Inc. for a period of 4 years with option
to renew for one additional year. Stantec Consulting Services Inc. was one of the seven (7)
highest ranked respondents to the RFQ.
Item C24 Board granted approval of a Contract with Metric Engineering, Inc. for
Construction Engineering and Inspection (CEI) services for CR 905 Bike Lanes project.
Item C25 Board granted approval to direct staff to lower the speed limit from 50 MPH to
45 MPH on a 1.2 mile segment of CR 905 from 1,320 ft. north of the intersection of CR 905
and Card Sound Road to 1,100 ft. south of Clubhouse Road. The decrease is needed in order
to provide increased safety for bicyclists along the portion of the road where the bicycle lane
width is reduced to 4 ft.
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Item C26 Board granted approval to ratify a Contract with American Bridge Company in
the amount of $90,865.50 for the No Name Key Bridge Emergency Repairs project.
Item C28 Board granted approval of receipt of monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C30 Board granted approval of the Low Income Home Energy Assistance Program
Federally Funded Sub grant Agreement Number 14 EA- 01 -54 -01 -019 between Monroe
County Board of County Commissioners (Community Services /Social Services) and the State
of Florida, Department of Economic Opportunity for the provision of funds to pay electric
bills for low income clients.
Item C31 Board granted request approval of Amendment to Agreement between the
Board of County Commissioners and GA Food Services, Inc., which renews the Agreement
for the 2nd and final renewal year at a price of $3.64 per meal and provides an updated Supply
List.
Item C32 Board granted approval of a correction due to a scrivener's error in
Amendment 005 and Amendment 006 to the Contract between Hospice of the Florida Keys,
Inc., dba Visiting Nurses Association and the Monroe County BOCC /Monroe County Social
Services AND direction to the Clerk of Courts to place a memo in the official records
acknowledging the correction.
Item C33 Board granted approval to advertise a Public Hearing for a Budget Amendment
for the Infrastructure Sales Surtax 2007 Revenue Bond, Fund 308.
Item C34 Board granted approval of First Amendment of Langan Engineering
Environmental, Inc. contract, amending price list for biannual surface water
testing /monitoring. The only landfill to be tested will be Cudjoe. Cost to the County will be
$6,850 per year, for a total of $43,320 as amended.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval of an Amendment to Agreement with Florida Keys
Community Concert Band, Inc. covering the Pops in the Park to revise Exhibit C — Schedule
of Events.
Item D2 Board granted approval of an assignment of a Destination Event Funding
Agreement for the Heroes Welcome Weekend from BH/NV Hawk's Cay Property Holdings,
LLC, d.b.a. Hawk's Cay Resort to Keys Hotel Operator, Inc. d.b.a Hawk's Cay Resort.
Item D3 Board granted approval of an Amendment to a Fishing Agreement with
Saltwater Fishing Connection LLC to revise the name of the Islamorada All Tackle Bonefish
World Championship to Islamorada Fall All Tackle Bonefish and Permit Championship, and
amend the invoice submission date to January 31, 2014.
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Item D4 Board granted approval of an Amendment to Agreement with Old Island
Restoration Foundation, Inc. for the Oldest House Museum Lift Station/Restroom Plumbing
Upgrades project to revise scope of services in Exhibit A and reduce project cost.
Item D5 Board granted approval of an Agreement with AT &T to provide long distance
telephone services to the Tourist Development Council.
DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS
Item G1 Board granted approval of Amendment No. 2 to the August 17, 2011, Marina
Siting Plan Inter -Local Agreement (ILA) between Monroe County and South Florida
Regional Planning Council (SFRPC), providing for additional work to be performed,
including but not limited to GIS analyses, revisions to the Needs Analysis, Marina Siting Plan
and proposed comprehensive plan policies, and attendance at additional BOCC meetings as
necessary. Costs for the additional work are not to exceed $20,000.
Item G2 Board granted approval of Quit Claim Deed from Monroe County to John S.
Mannix for Lot 7, Block 4 Harris Ocean Park Estates, and authorization for the Mayor to
execute the deed and the Administrator or designee to file it and execute any other necessary
documents.
Item G3 Board granted approval of the selection of M.T. Causley, Inc. as the highest
ranked responder for the RFP for Professional Support Services for Plan Review, Inspection
Services & Development Review; and direction to negotiate a contract between the County
and M.T. Causley, Inc.
MONROE COUNTY SHERIFF DEPARTMENT
Item I1 Board granted approval of request for the following expenditure from the Law
Enforcement Trust Fund:
$25,000.00 Take Stock in Children: to support "scholarships, mentors, projects and events"
and to provide state - matching scholarships for low- income families and support the leadership
camp experience at the Sheriff Youth Ranch.
Item I2 Board granted approval of the appointment of Debby Goodman to the Sheriff's
Shared Asset Forfeiture Funds Board. (SAFF).
COMMISSIONERS' ITEMS
Item K1 Board adopted a Resolution of the Board of County Commissioners of Monroe
County, Florida supporting the candidacy of Commissioner Bryan Desloge for Second Vice -
President of the National Association of Counties.
RESOLUTION NO. 016 -2014
Said Resolution is incorporated herein by reference
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COUNTY CLERK
Item L2 Board granted official approval of the Board of County Commissioners
minutes from the December 11, 2013 regular meeting (previously distributed).
Item L3 Board granted approval of Warrants for the month of December, 2013:
(107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,425,393.42;
Fine & Forfeiture Fund (101), in the amount of $96,327.68; Road and Bridge Fund (102),
in the amount of $26,776.20; TDC District Two Penny (115), in the amount of $275,462.42;
TDC Admin. & Promo 2 Cent (116), in the amount of $417,651.71; TDC District 1,3 Cent
(117), in the amount of $320,187.62; TDC District 2,3 Cent (118), in the amount of
$35,379.19; TDC District 3,3 Cent (119), in the amount of $72,499.19; TDC District 4,3
Cent (120), in the amount of $112,583.05; TDC District 5,3 Cent (121), in the amount of
$59,210.88; Gov. Fund Type Grants (125), in the amount of $433,640.51; Impact Fees
Roadways (130), in the amount of $51,195.35; Fire & Amb District 1 L &M Keys (141), in
the amount of $89,639.89; Upper Keys Health Care (144), in the amount of $7,952.68;
Uninc Svc Dist Parks & Rec (147), in the amount of $32,275.91; Plan, Build, Zoning (148),
in the amount of $28,389.88; Duck Key Security (152), in the amount of $6,462.12; LOca
Housing Assistance (153), in the amount of $6,784.62; Boating Improvement Fund (157),
in the amount of $162.00; Misc. Special Revenue Fund (158), in the amount of $37,307.80;
Environmental Restoration (160), in the amount of $5,000.81; Law Enforcement Trust
(162), in the amount of $22,000.00; Drug Abuse Trust (164), in the amount of $6,033.94;
Stock Island Wastewater (171), in the amount of $2,350.00; Cudj oe- Sugarloaf MSTU
(172), in the amount of $1,816.24; Building Fund (180), in the amount of $31,085.58; 2003
Revenue Bond (207), in the amount of $398.05; Cent Infra Surtax (304), in the amount of
$7,722.34; INFR Sle Srtx Rev Bds2007 (308), in the amount of $31,184.51; Big Coppitt
Wastewater pr (310), in the amount of $19,508.61; Duck Key Wastewater (311), in the
amount of $4,745.00; Cudjoe Regional (312), in the amount of $42,053.63; Card Sound
Bridge (401), in the amount of 8,860.25; Marathon Airport (403), in the amount of
$18,993.40; Key West Intl. Airport (404), in the amount of $145,382.66; KW AIP Series
2006 Bonds (405), in the amount of $644,546.76; MSD Solid Waste (414), in the amount of
$593,270.42; Worker's Compensation (501), in the amount of $6,623.33; Group Insurance
Fund (502), in the amount of $1,371,182.29; Risk Management Fund (503), in the amount
of $99,127.09; Fleet Management Fund (504), in the amount of $103,891.98; Fire & EMS
Losap Trust Fund (610), in the amount of $2,325.00.
Item L4 Board granted approval of Tourist Development Council expenditures for the
month of December, 2013.
Item L5 Board granted approval to remove surplus equipment from inventory via
disposal or advertise for bid.
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COUNTY ADMINISTRATOR
Item M2 Board granted ratification of the approval of License between Monroe County
and New Cingular Wireless for space on the county owned communication tower to now
include all exhibits.
Item M3 Board adopted a Resolution nominating Commissioner George Neugent for a
position on the Gulf Consortium Executive Committee.
RESOLUTION NO. 017 -2014
Said Resolution is incorporated herein by reference
COUNTY ATTORNEY
Item N3 Board granted approval of semi - annual examination of public official bonds
for County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of
the Monroe County Code and finding that all current bonds and /or insurance policies are
adequate.
BULK APPROVALS — MICELLANEOUS
Item C13 The Board discussed the approval to add new vendor at Higgs Beach. The
following individual addressed the Board: Stephen Dickstein. Rosa Washington, Senior
Administrator -Solid Waste Management; Kevin Wilson, Public Works & Engineering
Division Director and Bob Shillinger, County Attorney. After discussion, a motion was made
by Commissioner Neugent and seconded by Commissioner Carruthers to continue the item to
the Special Meeting scheduled on 1/31/14 in Key West, FL. Motion carried unanimously.
Item C23 Bob Shillinger, County Attorney; Judy Clarke, Director of Engineering and
Roman Gastesi, County Administrator addressed the Board concerning the approval to award
bid, waive irregularity in bid response and approve a Contract with Construct Group Corp. for
construction of the CR 905 Bike Lanes from US 1 in Key Largo to Ocean Reef (full length of
approx. 11.5 miles), subject to clarification of bid response from the contractor relating to
claims and suits. After discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent granting approval of the item. Motion carried
unanimously.
STAFF REPORT
Item E6 Christine Hurley, Growth Management Director requested approval from the
Board to establish four (4) Special Meetings over the next several months to evaluate the
Comprehensive Plan Text Amendment related to the Evaluation and Appraisal Report that
was adopted last year. The dates are as follows: March 21, 2014; April 23, 2014; May 22,
2014 and July 23, 2014. These meetings will be held at the Marathon Government Center and
will start at 10:00am. After discussion, a motion was made by Commissioner Neugent and
seconded by Commissioner Carruthers granting approval of the request. Motion carried
unanimously.
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Item E7 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition updated
the Board regarding two particular issues that impact the County related to the OMNIBUS
Bill that was passed by the House.
COUNTY ADMINISTRATOR
Item M1 Report — Roman Gastesi, County Administrator provided the Board with the
Month Activity Report for December, 2013.
COUNTY ATTORNEY
Item N1 Report - Bob Shillinger, County Attorney clarified the process of the Special
Meeting that's being held on 1/31/2014 in Key West, FL.
Mr. Shillinger requested to hold an Attorney - Client Closed Session in the matter of Monroe
County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., CA K 10 -1050 to be held at
the regularly scheduled meeting on February 19 2014 in Key Largo. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Neugent
granting approval of the request. Motion carried unanimously.
Mr. Shillinger also updated the Board regarding the article in the paper concerning the
gentleman that has an outdoor firing range located in the backyard of his property.
Item N2 Bob Shillinger, County Attorney requested to hold an Attorney - Client Closed
Session in the matter of The Morganti Group, Inc. v. Monroe County, Case No. 2011 -CA-
892-K at the 1/31/14 BOCC Special Meeting in Key West, FL. After discussion, a motion
was made by Commissioner Neugent and seconded by Commissioner Carruthers granting
approval of the request and to be heard at 8:00am at the Special Meeting scheduled on 1/31/14
in Key West, FL. Motion carried unanimously.
PROJECT MANAGEMENT
Item H1 Update and discussion of the plans for implementation of the design and
construction of scenic vistas at the Big Pine Key Park and Higgs Beach (Reynolds Street pier)
and the relocation of the road through the Higgs Beach park area. The following individuals
addressed the Board: Emily Sorkiy, Tiffany Hendry representing Defenders of Higgs Beach;
Janice Nicowski and Michael Behmke, representing Friends of Higgs Beach. Kevin Wilson,
Public Works & Engineering Division Director. After discussion no action was taken.
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CLOSED SESSION
Item J1 Bob Shillinger, County Attorney requested to move the Attorney - Client Closed
Session in the matter of Enos Mitchell and Ora Lee Mitchell vs. Monroe County, Sixteenth
Judicial Circuit Case No. 12 -CA -486 -P to the Special Meeting scheduled on 1/31/2014 in
Key West, FL. After discussion, a motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent granting approval of the request. Motion carried
unanimously.
PROJECT MANAGEMENT
Item H2 A presentation of the FDEP plans for creation of an ADA underpass at the East
end of the Old Seven Mile Bridge. The underpass will connect the Sunset Park on the North
side of US -1 with Knights Key on the South side of US -1. The project will provide safe
passage for pedestrians and bicyclists to cross under US -1. The following individuals
addressed the Board: Dean Stoddart, FDEP Manager; Kevin Wilson, Public Works &
Engineering Division Director; Patricia Smith, Transportation Planning Manager and Ed
Castle, P.E. - Weiler Engineering. After discussion no action was taken.
PUBLIC HEARINGS
Item O1 Kevin Wilson, Public Works & Engineering Division Director addressed the
Board regarding the approval of a Resolution renewing the intent to use the uniform method
to collect non -ad valorem special assessments toward the cost of providing wastewater utility
services to properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big
Pine Key, No Name Key, Long Key, Duck Key excluding Indies Islands and three parcels on
Boca Chica. No public input. After discussion, a motion was made by Commissioner
Neugent and seconded by Commissioner Carruthers to adopt the following Resolution.
RESOLUTION NO. 018 -2014
Said Resolution is incorporated herein by reference
Motion carried unanimously.
Item 02 A Public Hearing to consider an Ordinance by the Monroe County Board of
County Commissioners amending Table 4.1 Five -Year Schedule of Capital Improvements
pursuant to Section 163.3177(3)(b), F.S. The following individuals addressed the Board: Bill
Hunter and Christine Hurley, Growth Management Director. After discussion, a motion was
made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the
following Ordinance.
ORDINANCE NO. 001 -2014
Said Ordinance is incorporated herein by reference
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Item 03 A Public Hearing to consider approval of Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of the right -of -way of
Second Street on Stock Island that is located between Blocks 23 and 24 in Maloney
Subdivision (Plat Book 1, Page 55). No public input. A motion was made by Commissioner
Neugent and seconded by Commissioner Carruthers to adopt the following Resolution.
RESOLUTION NO. 019 -2014
Said Resolution is incorporated herein by reference
Motion carried unanimously.
Item 04 A Public Hearing to satisfy public input grant application requirements and to
consider approval of Grant Award FTA Section 5310 —YEAR 39 (FFY 2014 -2015) Capital
Assistance Grant for the purpose of purchasing a para- transit vehicle (bus) to serve the
transportation needs of the elderly and persons with disabilities in Monroe County. No public
input. A motion was made by Commissioner Neugent and seconded by Commissioner
Carruthers granting approval of the item. Motion carried unanimously.
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
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