02/19/2014 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 19, 2014
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Murray E. Nelson Government Center. Present and
answering to roll call were Commissioner Heather Carruthers, Commissioner George R.
Neugent, Commissioner Danny Kolhage, Commissioner David Rice and Mayor Sylvia
Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob
Shillinger, County Attorney; Lindsey Ballard, Deputy 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 seconded by
Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to
the Agenda. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent
granting approval of the Bulk Approvals. Motion carried unanimously.
Item C1 Board granted approval to amend the employment Agreement of Pam
Johnson as Executive Assistant to Mayor Murphy to provide that the emoployee will be
eligible for salary increases under the same method for awarding salary increases to other
County Employees set forth in the Merit Increase Program which was approved by the
Board of County Commissioners on October 16, 2013, as may be amended from time to
time.
Item C2 Board granted approval to amend the employment Agreement of Isabel C.
Desantis as Executive Assistant to Commissioner Danny L. Kolhage to provide that the
employee will be eligible for salary increases under the same method for awarding salary
increases to other County Employees set forth in the Merit Increase Program which was
approved by the Board of County Commissioners on October 16, 2013, as may be amended
from time to time.
02/19/2014
Page 1
Item C3 Board granted approval to amend the employment Agreement of Carol
Schreck as Executive Assistant to Commissioner Heather Carruthers to provide that the
employee will be eligible for salary increases under the same method for awarding salary
increases to other County employees as set forth in the Merit Increase Program which was
approved by the Board of County Commissioners on October 16, 2013, as may be amended
from time to time.
Item C4 Board granted approval of Supplemental Joint Participation Agreement
Number Two for Contract #AQE35 by and between the State of Florida Department of
Transportation and the Monroe County -Key West International Airport to fund projects at
the Key West and Marathon Airports.
Item C5 Board granted approval of Ratification of the previously executed Federal
Aviation Administration Grant #3 -12- 0037 - 047 -2013 Amendment No. 1, providing funding
to "Improve Airport Access Road; Improve Runway 27 Safety Area (EMAS -Phase 1);
Rehabilitate Terminal Building (Customs Facility) and Upate Airport Master Plan Study" at
the Key West International Airport.
Item C6 Board granted approval of a lease amendment between Keyhopper
Transportation, Inc. and Monroe County in reference to relocating Keyhopper's counter and
storage areas to new locations at the Florida Keys Marathon Airport terminal building.
Item C7 Board granted approval of various resolutions for the transfer of funds and
resolutions for the receipt for unanticipated revenue.
Transfer of Funds (OMB Schedule Item No. 1)
RESOLUTION NO. 022 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 2)
RESOLUTION NO. 023 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 3)
RESOLUTION NO. 024 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 4)
RESOLUTION NO. 025 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 5)
RESOLUTION NO. 026 -2014
Said Resolution is incorporated herein by reference
02/19/2014
Page 2
Receipt of Unanticipated Funds (OMB Schedule Item No. 6)
RESOLUTION NO. 027 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 7)
RESOLUTION NO. 028 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 8)
RESOLUTION NO. 029 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 9)
RESOLUTION NO. 030 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 10)
RESOLUTION NO. 031 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 11)
RESOLUTION NO. 032 -2014
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 033 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 034 -2014
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 14)
RESOLUTION NO. 035 -2014
Said Resolution is incorporated herein by reference
Item C8 Board granted approval of a General Fund Transfer for the sheriff. to transfer
funds for FY 14 between functional distributions in accordance with F. S. chapter 30.49 (2)
(a).
Item C9 Board adopted a Resolution transferring $1.5 Million of infrastructure surtax
funds to the Sheriff's Office as partial funding for the purchase of a County -wide
Emergency Communications System.
RESOLUTION NO. 036 -2014
Said Resolution is incorporated herein by reference
02/19/2014
Page 3
Item C10 Board granted approval of Amendment No. 1 to the Software License
Agreement with EMS Technology Solutions, LLC, the provider of Operative IQ (formerly
known as Ambutrak), for the purchase of two (2) additional licenses, and approval for the
Fire Chief to sign amendment documents as needed to complete transaction. Operative IQ is
the web -based tracking system used by Fire Rescue for asset management; it links with the
County's approved vendor of medical supplies website to order additional inventory
automatically as used.
Item C11 Board granted approval to utilize Florida Sheriff's Association Bid 11 -10-
1202 to purchase two (2) Pierce 2500 Gallon M2 -106 Tandem Pumper Tankers for a total
cost not to exceed $608, 864.00; and authorize a waiver of purchasing policy for equipment
options; and approval of the Fire Chief to execute all necessary documentation.
Item C13 Board granted approval of an Agreement with the winning bidder, Computer
Systems Support, Inc., for Network Switching Equipment RFP- NONE- 67- 0- 2013/EC as
recommended by the Selection Committee at a public meeting on 9/30 at HAM, as
contained within the Request for Proposals with the appropriate changes as negotiated
therein. Cost for hardware, software and services is $288, 284.23.
Item C14 Board adopted a Resolution of a County Incentive Grant Program (CIGP)
Agreement with the Florida Department of Transportation (FDOT) to provide $1,053,021
grant funding for construction and construction engineering inspection (CEI) services for
the US 1 Bayside Shared Use Path from Approximately MM100 to MM 106 in Key Largo.
RESOLUTION NO. 037 -2014
Said Resolution is incorporated herein by reference
Item C15 Board granted approval to advertise for Construction Bids for the US 1
Bayside Shared Use Path project upon approval by Florida Department of Transportation
(FDOT) and receipt of Notice to Proceed from FDOT. Approval to proceed with negotiating
a task order with on call consultant for construction engineering and inspection (CEI)
services for the US 1 Bayside Shared Use Path project upon receipt of approval from
FDOT.
Item C18 Board granted approval of receipt of monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C19 Board granted approval of a Second Amendment to Contract allowing a
simple corporate name change and assignment of the Contract for the ADA Compliance
Segments #1 & #2 Combined Contract from MBI/K2M Achitecture, Inc., to K2M Design,
Inc., and add language required under FS 119.0701 (2).
02/19/2014
Page 4
Item C20 Board granted approval of a Fourth Amendment to Contract allowing a
simple corporate name change and assignment of the Contract for the Marathon Airport
Customs and Border Protection Facility from MBI/K2M Architecture, Inc., to K2M Design,
Inc., and add language required under FS 119.0701 (2).
Item C21 Board granted approval of a Second Amendment to Contract allowing a
simple corporate name change and assignment of the Contract for the Marathon Sewer
Connections Contract from MBI/K2M Architecture, Inc., to K2M Design, Inc., and add
language required under FS 119.0701 (2).
Item C22 Board granted approval of a Contract with Roofing by Ruff for the Roof
Repairs at East Martello Tower, funded by Tourist Development Funds.
Item C24 Board adopted a Resolution authorizing the execution of a grant agreement
with the Florida Department of Environmental Protection (FDEP) for the acceptance of the
Consolidated Small County Solid Waste Management Grant for Fiscal Year 2013/2014.
RESOLUTION NO. 038 -2014
Said Resolution is incorporated herein by reference
Item C25 Board granted approval to exercise second option to renew the Contract with
Master Mechanical Services, Inc. for central air conditioning maintenance and repair for the
Upper Keys Facilities.
Item C26 Board granted approval of Agreement with Sheriff Richard A. Ramsay to
provide 320 sq. ft. of office space to the Monroe County Sheriff s Department at the Murray
E. Nelson Government and Cultural Center, Monroe County on a month to month basis.
Item C27 Board granted approval to renew the Contract with U.S. Water Services
Corporation for the operation and maintenance of wastewater treatment plant for Plantation
Key Government Center, Monroe County on a Month to Month basis.
Item C28 Board granted approval to add one (1) full -time equivalent (FTE) for Fleet
Management to advertise and hire a new Mechanic Position to assist with backlog of
vehicle safety inspections, preventative maintenance and routine repairs on County and
Sheriff Office Vehicles and equipment.
Item C29 Board granted approval of ratification of invoice with Cummins Power South
for an emergency purchase; and approval for the Fire Chief to sign documents as needed to
complete emergency repairs to the primary fire engine Station 22 (Tavernier).
02/19/2014
Page 5
TOURIST DEVELOPMENT COUNCIL
Item D1 Board adopted a Resolution to transfer District I, FY 2014 event resources
to District I, 2014 advertising resources in an amount of $97,243.
RESOLUTION NO. 039 -2014
Said Resolution is incorporated herein by reference
Item D2 Board adopted a Resolution to provide for additional advance registration,
booth related expenses and travel related expenses for trade shows for the fiscal year 2015
to be paid from TDC funds in fiscal year 2014.
RESOLUTION NO. 040 -2014
Said Resolution is incorporated herein by reference
Item D3 Board granted approval of a Turnkey Agreement with Super Boat
International Productions, Inc. covering Key West World Championship Race in November
2014 in an amount not to exceed $100,000, DAC I, FY 2014 Event Resources.
Item D4 Board granted approval of an Amendment to Agreement with Smith Travel
Research, Inc. to address Scriveners error in termination date; exercise option to extend
agreement for one (1) additional 24 -month period and exercise option to increase payment
from an annual fee of $16,871.96 to $18, 872.
Item D5 Board granted approval of an Amendment to Agreement (Cultural) with
Morada Way Arts & Cultural District, Inc. covering the Morada Way Third Thursday
Walkabouts between October 2013 - September 2014, to revise Exhibit C- Schedule of
Events due to the scheduling guests for the event.
Item D6 Board granted approval to advertise a Request for Applications for FY 2015
Capital Project Funding.
Item D7 Board granted approval to advertise a Request for Applications for FY 2015
Destination and Turnkey event funding.
Item D8 Board granted approval of Announcement Of One "At Large" Appointment
To The Tourist Development Council District V Committee.
DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS
Item H1 Board granted approval to send a letter with a revised request to the
Department of Economic Opportunity, regarding the requirement to adopt the Tier Overlay
Zoning Maps into the Comprehensive Plan in Rule 28 -20, F.A.C.
02/19/2014
Page 6
Item H2 Board adopted a Resolution by the Monroe County Board of County
Commissioners amending the Building Department Fee Schedule fixing fees for lateral
sewer and grinder pump permit connections at $70 total and exempting lateral and grinder
pumps from Permit Referral Process (PRP) review.
RESOLUTION NO. 041 -2014
Said Resolution is incorporated herein by reference
Item H3 Board granted approval to file a circuit court action to obtain a court order
authorizing demolition by the County of an unsafe, unoccupied, non - homesteaded
uninhabitable mobile home located at 6440 Maloney Avenue South, Lot 2, Stock Island,
Monroe County, Florida owned by 5730 Fourth Avenue LLC. Charles Renier.
Item H7 Board granted approval of an Inter -local Agreement with the City of
Marathon to allow the City to utilize the services of the County's Contractor's licensing and
disciplinary functions.
MONROE COUNTY SHERIFF DEPARTMENT
Item L1 Board granted approval of a request for the following expenditure from the
Law Enforcment Trust Fund:
$1,500.00 Key West High School Girls Softball Team: To help cover expenses.
Item L2 Board granted approval of an MOU between the Monroe County Sheriffs
Office and Monroe County Board of County Commissioners to apply for reimbursement of
funds from the UASI FY 2012 Grant/Homeland Security Office of Domestic Preparedness
reinforcement equipment approved by the granting agency.
Item L3 Board granted approval of a recission of Amendment #0002 approved at the
October 16, 2013 BOCC Meeting and approved the revised Amendment #0002 to DCF
Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/MOU for the
"Third Year ".
MONROE COUNTY HOUSING AUTHORITY
Item M1 Board adopted a Resolution Of The Board Of County Commissioners Of
Monroe County, Florida Approving The State Housing Initiative Partnership (SHIP)
Program Funding Priorities For Available Funding From The 2012 To 2014 Funding
Distributions; And Providing For An Effective Date.
RESOLUTION NO. 042 -2014
Said Resolution is incorporated herein by reference
02/19/2014
Page 7
Item M2 Board adopted a Resolution Of The Board Of County Commissioners
Monroe County, Florida Approving And Adopting A Leveraging Housing Rehabilitation
Strategy To The State Housing Initiative Partnership (Ship) Program Three Year 2014-
2015 -2016 Local Housing Assistance Plan; And Providing For An Effective Date.
RESOLUTION NO. 043 -2014
Said Resolution is incorporated herein by reference
Item M3 Board adopted a Resolution Of The Board Of County Commissioners Of
Monroe County, Florida Approving And Authorizing The Monroe County Social Services
Department And The Monroe County Ship Program To Leverage Their Funds For The
Benefit Of The Citizens Of Monroe County; And Providing For An Effective Date.
RESOLUTION NO. 044 -2014
Said Resolution is incorporated herein by reference
Item M4 Board adopted a Resolution Of The Board Of County Commissioners Of
Monroe County, Florida Authorizing The Executive Director Of The Monore County
Housing Authority To Execute Mortgage Subordination Documents For The County's
2008 Disaster Recovery And The 2010 Small Cities CDBG Awards For The Purpose Of
Allowing The Refinancing Of Existing First Mortgage Loans When Certain Conditions
Have Been Met; And Providing For An Effective Date.
RESOLUTION NO. 045A -2014
Said Resolution is incorporated herein by reference
MONROE COUNTY HEALTH DEPARTMENT
Item N1 Board granted approval of renewal and approval of amended lease
between MW & JC LLC and Monroe County Board of County Commissioner to
provide the premises at 3124 Northside Drive, Key West to be used by the Health
Department as a clinic. This renewal and extension will allow continuation of
services in the interim while construction is underway at the Gato building — the
location that Health Department staff will be moving into.
COMMISSIONERS' ITEMS
Item O1 Board granted approval to appoint Lisa Kaul to the Climate Change Advisory
Committee.
Item 03 Board granted approval to reappoint David Paul Horan to the Sheriff s Shared
Asset Fine and Forfeiture (SAFF) Advisory Board.
Item 04 Board granted approval of reappointment of Alexsandra Corsi Leto to the
Shared Asset Forfeiture Fund Advisory Board.
02/19/2014
Page 8
Item 06 Board Granted approval for the reappointment of Richard Roth to the Sheriff's
Shared Asset Fine and Forfeiture (SAFF) Advisory Board.
COUNTY CLERK
Item P2 Board granted official approval of the Board of County Commissioners
minutes from the January 16, 2014 regular meeting (previously distributed).
Item P3 Board granted approval of Warrants for the month of January, 2014: (107341-
107404 & 584680 - 585576): General Fund (001), in the amount of $2,607,619.23; Fine &
Forfeiture Fund (101), in the amount of $608,536.84; Road and Bridge Fund (102), in the
amount of $133,492.22; TDC District Two Penny (115), in the amount of $272,252.11; TDC
Admin. & Promo 2 Cent (116), in the amount of $870,586.99; TDC District 1,3 Cent (117),
in the amount of $620,273.35; TDC District 2,3 Cent (118), in the amount of $44,683.59;
TDC District 3,3 Cent (119), in the amount of $122,909.77; TDC District 4,3 Cent (120), in
the amount of $127,341.07; TDC District 5,3 Cent (121), in the amount of $116,869.78;
Gov. Fund Type Grants (125), in the amount of $108,803.62; Fire & Amb District 1 L &M
Keys (141), in the amount of $98,210.62; Upper Keys Health Care (144), in the amount of
$5,143.96; Uninc Svc Dist Parks & Rec (147), in the amount of $45,461.70; Plan, Build,
Zoning (148), in the amount of $36,569.71; Duck Key Security (152), in the amount of
$5,324.93; Boating Improvement Fund (157), in the amount of $20,725.69; Misc. Special
Revenue Fund (158), in the amount of $64,614.70; Environmental Restoration (160), in the
amount of $6,760.85; Court Facilities fees -602 (163), in the amount of $14,843.32; Drug
Abuse Trust (164), in the amount of $1,791.48; Building Fund (180), in the amount of
$21,890.91; Cent Infra Surtax (304), in the amount of $563,096.89; INFR Sle Srtx Rev
Bds2007 (308), in the amount of $250,758.90; Cudjoe Regional (312), in the amount of
$8,804.74; Card Sound Bridge (401), in the amount of $5,896.51; Marathon Airport (403),
in the amount of $26,465.96; Key West Intl. Airport (404), in the amount of $126,195.50;
MSD Solid Waste (414), in the amount of $1,269,877.13; Worker's Compensation (501), in
the amount of $28,264.00; Group Insurance Fund (502), in the amount of $1,118,306.66;
Risk Management Fund (503), in the amount of $13,804.25; Fleet Management Fund
(504), in the amount of $60,093.20; Fire & EMS Losap Trust Fund (610), in the amount of
$2,325.00.
Item P4 Board granted approval of Tourist Development Council expenditures for the
month of January, 2014.
COUNTY ADMINISTRATOR
Item Q3 Board granted ratification and approval of Contract with Avirom and
Associates, Inc. in the amount of $6,266.00 for surveying work related to the purchase of
Rowell's property.
Item Q4 Board granted approval to negotiate a Contract with AMEC Environmental and
Infrastructure, Inc. (AMEC) as the sole respondent to the Request for Qualifications (RFQ)
for the design and permitting of the demonstration projects.
02/19/2014 Page 9
Item Q6 Board granted ratification of County Administrator's signature on grant letter
and application and approval of a $200,000 education and outreach grant application
submitted in partnership with the U of FL Extension Office to the Environmental Protection
Agency (EPA) for the project entitled Florida Keys Citizen Water Quality Monitoring,
Education and Canal Restoration Effort, of which $200,000 of county canal restoration funds
were offered as a cash match and of which AMEC Environmental and Infrastructure, Inc.
(AMEC) was listed to perform the homeowner outreach portion of the grant effort.
Item Q10 Board adopted a Resolution amending Resolution 424 -2007, in order to modify
the description of the Series 2007 Bond projects; and providing an effective date.
RESOLUTION NO. 045 -2014
Said Resolution is incorporated herein by reference
Item Q11 Board granted approval to close Fund 307, 2003 Revenue Bonds, and approval
to instruct the Clerk of Courts to transfer residual funds to Fund 304, One Cent Infrastructure
Sales Surtax.
Item Q12 Board adopted a Resolution in support of Florida SB 356 and HB 307 restoring
the ability of local governments to regulate short term vacation rentals.
RESOLUTION NO. 047 -2014
Said Resolution is incorporated herein by reference
COUNTY ATTORNEY
Item R2 Board granted approval of a Settlement Agreement and Limited Mutual
Release (Exhibit A. to Settlement Agreement) in the matter of The Morganti Group, Inc. v.
Monroe County, Case No. 2011 -CA- 892 -K.
The Board of County Commissioners presentated Dan Kimball with an Honorary Conch
Certificate for his retirement from Biscayne National Park.
* * * * * * * * * * * * *
FIRE & AMBULANCE DISTRICT I
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,
Commissioner George Neugent and Councilman Norm Anderson.
James Callahan, Fire Chief addressed the Board concerning the following items:
02/19/2014 Page 10
Item G2 Board discussed approval of a renewal option, for a One (1) Year Term
Effective March 1, 2014 Through February 28, 2015, To The Current Agreement Between
The Board Of Governors And Roy Khanna (Individual) For The Maintenance On All
Monroe County Fire Rescue Ambulances And Other Vehicles, Including Quarterly
Inspections, Preventative Maintenance, And Unscheduled Maintenance Resulting From
Malfunction Or Failure; Monroe County Fire Rescue Acknowledges This Is The Only
Renewal Option On The Current Agreement, And A Request For Proposals (RFP) Must
Be Issued Resulting In A New Contract Signed For Next Year. After discussion, a motion
was made by Commissioner Rice and seconded by Commissioner Kolhage to grant
approval of the item. Motion carried unanimously.
Item G3 Board discussed approval to enter into an Employment Agreement /Contract
fulfilling the newly created Billing Supervisor position and authorization for County
Administrator/Fire Chief to execute all necessary documents. A motion was made by
Commissioner Rice and seconded by Commissioner Kolhage to grant approval of the item.
Motion carried unanimously.
There being no further business, the meeting of Board of Governors for the Fire and
Ambulance District I was adjourned.
* * * * * * * * * * * * *
COMMISSIONERS ITEMS
Item 07 Approval of a Resolution opposing the Biscayne National Park Supplemental
Draft Management Plan/Environmental Impact Statement Alternative #6. After discussion, a
motion was made by Mayor Murphy and seconded by Commissioner Neugent to grant
approval of the motion as amended. The following individuals addressed the Board: Caroline
McLaughlin, representing National Parks Conservation Association; Brian Carlstrom,
representing Biscayne National Park; Russ Fisher, representing Ocean Reef Club; and David
Ritz, representing Ocean Reef Community Association. After discussion, a motion was made
by Mayor Murphy and seconded by Commissioner Neugent to adopt the Resolution as
amended. Said amendment is as follows: To establish a smaller closed or restricted area
located north of Caesar's Creek rather than the proposed special recreational zone in
Alternative #6. Roll Call Vote was taken with the following Results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried unanimously.
RESOLUTION NO. 048 -2014
Said Resolution is incorporated herein by reference
02/19/2014 Page 11
GROWTH MANAGEMENT
Item I5 Discussion and direction regarding land acquisition initiatives with the State of
Florida, Florida Forever program and Military Base Protection Program. The following
individual addressed the Board: Deb Curlee, representing Last Stand. Christine Hurley,
Growth Management Director; Michael Roberts, Sr. Administrator — Environmental
Resources; Mayte Santamaria, Assistant Director — Environmental Resources and Mark
Rosch, Land Authority Executive Director. Staff requested clear policy direction from the
Board concerning the following Items on the Staff Report:
• Item 8) — After discussing the staff recommendation for Item 8, a motion was
made by Commissioner Kolhage and seconded by Commissioner Rice to grant
approval of staff recommendation. Motion carried unanimously.
• Item 5) — After discussing the staff recommendation for Item 5, a motion was
made by Commissioner Kolhage and seconded by Commissioner Carruthers to
appropriate $2,000,000.00 of 1 cent infrastructure sales tax in FY14 -15 for
match as required by Florida Estatute within the Florida Forever process for
the purchase of conservation lands from willing sellers including the three (3)
Bullets from the staff report and to be managed by Land Authority as amended.
Said amendment is as follows: To remove Bullet #3 from Item 5 and include
the two (2) priority areas and not even indicating what money goes where,
more let it be on willing sellers. Roll call vote was taken with the following
Results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried.
• Item 6) — After discussing the staff recommendation for Item 6, a motion was
made by Commissioner Carruthers and seconded by Commissioner Kolhage to
approve staff recommendation with the amendments that were appropriate
from Item 5. Motion carried unanimously.
• Items 1, 2, 4, 7 & 9) — After discussing the staff recommendation for Items 1,
2, 4, 7 and 9, a motion was made by Commissioner Carruthers and seconded
by Commissioner Kolhage to approve staff recommendation for Items 1, 2, 4,
7, and 9. Roll call vote was taken with the following Results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried.
02/19/2014 Page 12
Item I8 Release of an Affordable Housing Deed Restriction recorded in the Monroe
County Public Records Document #1523764, Book 2125, Page 827 on June 21, 2005, at the
request of TD Group Retail, LLC. The following individual addressed the Board: Guillermo
Alvarez, representing TD Group Retail, LLC. A motion was made by Commissioner Rice and
seconded by Mayor Murphy to grant approval of the item. Motion carried unanimously.
GROWTH MANAGEMENT — BULK APPROVALS
Item H4 Approval of a Request by Monroe County Flight Strip (Monroe County Airport
Services) for a floodplain variance pursuant to Monroe County Code Section 122 -
4(b)(3)b1(i)for the construction of two hangars, one of 12,600 square feet and the other of
7,800 square feet. Both hangars are to be constructed below the base flood elevation by 1 to 2
feet at the Marathon Airport. The following individual addressed the Board: Dottie Moses.
Christine Hurley, Growth Management Director and Peter Horton, Director of Airports. A
motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to
grant approval of the item. Motion carried unanimously.
BULK APPROVALS
Item C12 Bob Shillinger, County Attorney addressed the Board regarding the approval to
enter into an Employment Agreement /Contract fulfilling the newly created Billing Supervisor
position and authorization for County Administrator/Fire Chief to execute all necessary
documents. After discussion, a motion was made by Commissioner Kolhage and seconded by
Commissioner Carruthers to grant approval of the item. Motion carried unanimously.
GROWTH MANAGEMENT
Item I6 Approval of a Sole Source contract for the Trust for Public Lands (TPL) to
identify options for purchasing or financing future land acquisitions to support the County's
conservation and Growth Management objectives. The Following individuals addressed the
Board: Brenda McClymonds, representing The Trust for Public Land and Deb Curlee,
representing Last Stand. Christine Hurley, Growth Management Director. After discussion
the item was continued to the next Board of County Commissioners meeting on March 19
2014 in Marathon, FL. Motion carried unanimously.
CLOSED SESSION
Item J1 Bob Shillinger, County Attorney announced an Attorney - Client Closed Session
in the matter of Monroe County v. Stand Up For Animals, Inc. et al, CA K 10 -1050. The
persons attending the meeting will be the County Commissioners, County Administrator
Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorneys Christine
Limbert- Barrows and Cynthia Hall 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
02/19/2014 Page 13
COUNTY ADMINISTRATOR
Item Q7 Discussion and update on the incineration demonstration project. The following
individuals addressed the Board: Alicia Putney; Rudy Krause, representing Rudy Krause
Construction; Margaret Sprague; Michael Chonowoth, representing Florida Keys Izaak
Walton League; Don Riggs; Deb Curlee, representing Last Stand; Bill Hunter; John
Hammerstrom, representing Tavernier Community Association and Dottie Moses. Rhonda
Haag, Sustainability Program Manager and Ailicia Betancourt, Family & Community
Development Agent. After discussion, no action was taken.
GROWTH MANAGEMENT — BULK APPROVAL
Item H6 Christine Hurley, Growth Managemtn Director and Debbie Batty addressed the
Board concerning the approval of a waiver of building permit fees for 46 affordable housing
units to be built at 5030 5 th Avenue on Stock Island (RE #00127400 - 00100) by Islander
Village, LLC, leased by Islander Village, LLC from Monroe County. After discussion, a
motion was made by Mayor Murphy and seconded by Commissioner Kolhage to grant
approval of the waiver with a deadline of December 7, 2015. Motion carried unanimously.
SOUDING BOARD
Item K1 Request to speak to the Board of County Commissioners in regard to: noise
ordinance to protect homeowners from excessive noise from animals not legally allowed to be
boarded in a residential neighborhood. The following individual addressed the Board:
Eleanor McAdams. Christine Hurley, Growth Management Director and Bob Shillinger,
County Attorney. After discussion, no action was taken.
GROWTH MANAGEMENT
Item I1 Mayte Santamaria updated the Board in the Navy's issuance of the Record of
Decision on October 31, 2013, for the Final Environmental Impact Statement for Naval Air
Station Key West Airfield Operations, which did not include a requirement to conduct a noise
study to establish a baseline. The following individual addressed the Board: John
Hammerstrom. No action was taken.
Item I2 The Board discussed the Tenth (10th) Amendment to the agreement for
professional services with Keith and Schnars (K &S), P.A., for additional services on the
Naval Air Station Environmental Impact Study, to collect noise data to establish a noise
baseline as recommended by the EIS Committee (EIS Committee Resolution 001 -2013) and
as directed by the BOCC on August 21, 2013 (agenda item J3), and additional funds to
address work already completed by K &S in preparing for and completing meetings in
Washington, D.C., and increasing compensation by $40,506.00. After discussion, a motion
was made by Commissioner Kolhage and seconded by Commissioner Carruthers to grant
approval of the item. Motion carried unanimously.
02/19/2014 Page 14
Item I3 Christine Hurley, Growth Management Director; Bob Shillinger, County
Attorney and Mayte Santamaria, Assistant Director — Planning & Environmental Resources
addressed the Board concerning the discussion and direction on amending Comprehensive
Plan Policy 108.25, which currently requires the development of a noise study methodology
approved by the County and NASKW for use by applicants for Future Land Use Map
amendments increasing density /intensity. After discussion, a motion was made by
Commissioner Rice and seconded by Commissioner Kolhage to approve staff
recommendation choosing Option #A. Roll Call Vote was taken with the following Results:
Commissioner Carruthers Yes
Commissioner Kolhage Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried unanimously.
GROWTH MANAGEMENT — BULK APPROVALS
Item H5 The Board discussed the approval of the Ninth (9th) Amendment to the
agreement for professional services with Keith and Schnars (K &S), P.A., to reorganize the
remaining tasks and schedule of the project to reduce the potential for conflicts between the
Comprehensive Plan (CP) and the Land Development Code (LDC) by minimizing the time
period between the adoption of the CP Amendments (Phase III) and the adoption of revisions
to the LDC (Phase IV), to provide for additional public input on the draft LDC by adding
additional public hearings, which increases compensation by $12,151.00. After discussion, a
motion was made by Commissioner Neugent and seconded by Commissioner Kolhage to
grant approval of the item. Motion carried unanimously.
GROWTH MANAGEMENT
Item I4 Discussion and direction of Resolution and analysis of Building, Planning,
Environmental Resources and Fire Department permitting fees (Options 1, 2, 3, 4, 5a, 5b, 5c
or 5d) recommending a revenue neutral fee structure and simplification method of calculation,
while recapturing costs associated with service delivery of permitting, plan review and
inspection. The following individuals addressed the Board: Bruce Cowans, Maximus
Consulting Services and Rudy Krause. Christine Hurley, Growth Management Director; Tina
Boan, Budget & Finance Director and Jerome Smith, Sr. Director- Building Official. After
discussion, the Board directed staff to move forward with Option #4 to the March meeting
with a Resolution that will include the fees for Options #4 and also for our Legal Department
to have more time to analyse it and add an hourly rate for any legal expenses that were not
recaptured in the base fee.
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PUBLIC HEARING
Item S 1 A Public Hearing to consider approval of a Resolution for a Budget
Amendment of Fiscal Year 2014 Infrastructure Sales Surtax Revenue Bonds 2007 Fund 308.
There was no public input. A motion was made by Mayor Murphy and seconded by
Commissioner Rice to adopt the following Resolution.
RESOLUTION NO. 049 -2014
Said Resolution is incorporated herein by reference
GROWTH MANAGEMENT
Item I7 Release of a Lot Aggregation Restrictive Covenant recorded in the Monroe
County Public Records Document #1178299, Book #1631, Page #2463 on May 8, 2000, by
Giles A light, applicant. The following individuals addressed the Board: Annalize Mannix,
representing the purchaser of Lot 10 /11 and Ricardo Rodriguez, representing Giles Light.
Christine Hurley, Growth Management Director and Bob Shillinger. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Rice to table
the item. Motion carried unanimously.
STAFF REPORT
Item E5 Public Works/Engineering/Project Management - Kevin Wilson, Public Works
& Engineering Division Director updated the Board regarding the Financial and Construction
Status Report for the Cudjoe Regional Wastewater Program. Mr. Wilson also addressed the
Board concerning Spring Break Court, the City of Key West reached out to us and would like
to start Spring Break Court again. The following individuals addressed the Board: Dottie
Moses, representing Island of Key Largo Federation of Homeowners and Ron Miller.
Item E -7 Report — Lisa Tennyson, Director of Legislative Affairs and Grants Acquisition
updated the Board regarding the Fly Ins to Tallahassee regarding the next steps in the
Mayfield Funding. Ms. Tennyson also addressed the Board concerning the fly -in that
Commissioner Carruthers and Ms. Tennyson attended organized by the Florida Association of
Counties. Ms. Tennyson addressed the Board regarding the PILT Funding that has been
approved for FY14. Ms. Tennyson addressed the Board regarding some upcoming Bills;
Vacation Rentals, Communication Services Tax, Accessory Dwelling Units and the Springs
Protection Bill.
MONROE COUNTY SHERIFF DEPARTMENT
Item L4 Approval of Susan Harrison to the Monroe County Shared Asset Forfriture
Fund Advisory Board. After discussion, a motion was made by Commissioner Carruthers and
seconded by Mayor Murphy to grant approval of the item. Motion carried unanimously.
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COMMISSIONERS' ITEMS
Item 02 Bob Shillinger, County Attorney addressed the Board regarding the discussion
and direction to staff to prepare an amending Ordinance for adoption of recommended policy
and procedure changes received by the Duck Key Security District Advisory Board. After
discussion, the Board directed Staff to move forward with preparing the amended Ordinance
for adoption.
Item 05 Commissioner Carruthers updated the Board on the property (wind and flood)
insurance crisis in the Keys including updates from February 2014 Federal Fly -In with Florida
Association of Counties and state legislative priorities regarding wind insurance.
COUNTY ADMINISTRATOR
Item Q1 Report — Roman Gastesi, County Administrator provided the Board with the
Month Activity Report for January, 2014.
Item Q5 Rhoanda Haag, Sustainabilty Program Manager addressed the Board
concerning the approval of a second application for canal restoration projects submitted to the
Monroe county RESTORE Act Local Advisory Committee on December 20, 2013 for $6
million, which includes municipalities for funding consideration. After discussion, a motion
was made by Commissioner Neugent and seconded by Commissioner Rice to grant approval
of the item. Motion carried unanimously.
COUNTY ATTORNEY
Item R3 Bob Shillinger, County Attorney addressed the Board concerning the approval
of First Amendment to contract with Erin L. Deady, P.A. as outside legal counsel for issues
related to the RESTORE ACT. This amendment increases the maximum cap on attorney fees
to a ceiling of Thirty Thousand Dollars and No Cents ($30,000); and adds required language
from F.S. 119.0701(2) regarding public records. After discussion, a motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent to grant approval of the
item. Motion carried unanimously.
Item R4 Bob Shillinger, County Attorney addressed the Board concerning the
discussion and direction regarding performance review process for the County Administrator
and the County Attorney. After discussion, a motion was made by Mayor Murphy and
seconded by Commissioner Carruthers to proceed with the two (2) examples that were on ther
back -up. Roll Call Vote was taken with the following Results:
Commissioner Carruthers Yes
Commissioner Kolhage No
Commissioner Neugent Yes
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried unanimously.
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Item R5 Bob Shillinger, County Attorney requested to hold an 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 at the 3/19/14 BOCC meeting in Marathon, FL. After
discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage granting approval of the Closed Session. Motion carried unanimously.
Item R6 Bob Shillinger, County Attorney requested to hold an Attorney - Client Closed
Session in the matter of Salvador Gutierrez, Jr. vs. Monroe County, Sixteenth Judicial Circuit
Case No. CA -P -12 -674 at the 3/19/14 BOCC meeting in Marathon, FL. After discussion, a
motion was made by Commissioner Carruthers and seconded by Commissioner Rice to grant
approval of the Closed Session. 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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