04/12/2017 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 12, 2017
Marathon, Florida
A Regular meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Marathon Government Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner David Rice and Mayor George Neugent. Also present at the meeting
were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok,
Clerk; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the
general public.
ADDITIONS, CORRECTION, DELETIONS
A Motion was made by Commissioner Rice and seconded by Commissioner Carruthers
granting approval of the additions, corrections and deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Mayor's Proclamation recognizing April 2017 as Fair Housing and
Community Development Month in Monroe County.
B2 Presentation of Mayor's Proclamation observing May 14 -20, 2017 as Law Enforcement
Memorial Week.
B3 Presentation of Mayor's Proclamation observing May 1, 2017 as Law Day in Monroe
County.
B4 Presentation of Mayor's Proclamation observing April 2017 as Florida Water
Professionals Month.
BULK APPROVALS
Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy
granting approval of the following items by unanimous consent:
C1 Board granted approval and authorized execution of Comcast Enterprise Services Sales
Order for $594,720.00 ($16,520.00 per month for 3 years) under the Comcast Master
Service Agreement to increase existing Ethernet service/bandwidth, at 31 County locations,
while decreasing costs by 27 %.
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C2 Board granted approval and authorized execution of the First Amendment to Task Order
for Architect & Engineering (A &E) Services for the Ellis Building Renovations with William
P. Horn Architect, P.A. dated November 24, 2015, to include A &E Services to renovate and
re- purpose the Tavernier School to be the Senior Center. The estimated construction cost,
including A &E Service costs for the Project, is $480,000.00. This agenda item is only to
amend the Task Order for the A &E Services for the amount of $58,075.00.
C3 Board granted approval and authorized execution of a Locally Funded Agreement
between Monroe County and the State of Florida Department of Transportation to perform
work necessary for the Florida Turnpike Enterprise to prepare to process transponder and
toll- by -plate transactions, at the Card Sound Toll. The cost is a lump sum amount of
$355,000.00, which will be deposited in an escrow account.
C4 Board granted approval and authorized execution of a three Party Escrow Agreement
between Monroe County, Florida Department of Transportation (FDOT) and the State of
Florida Department of Financial Services, Division of Treasury (escrow agent) to establish
an escrow account for the $355,000.00 fee payable to FDOT under the Locally Funded
Agreement between the County and FDOT for services to prepare for conversion of the Card
Sound Toll to all electronic tolling.
C5 Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Department of Transportation (FDOT) for Sunpass and Toll -By -Plate
Electronic Toll Collection by FDOT at the Card Sound Toll Facility. The cost for the service
will be eight cents per toll transaction plus an estimated credit card fee of 2.25 %, which will
be deducted from weekly toll revenue wire transfers.
C6 Board granted approval and authorized execution of an Agreement between Layton
Volunteer Fire Department, Inc., and the Board of County Commissioners of Monroe
County, to accept and transfer to Monroe County, a political subdivision of the State of
Florida, the physical assets of the Layton Volunteer Fire Department Corporation, including
title, with the provision that the assets shall continue to be located in and used principally
for the benefit of fire service in the Layton, Monroe County, Florida area for the remainder
of their serviceable life; and authority for the County Administrator to execute all necessary
documents for the transaction. A complete inventoried list will be presented to the Clerk
of Court upon completion, with capital items to be tagged per County policy.
C7 Board granted approval and authorized execution of the First Amendment to Contract
with GOC, Inc. d /b /a Island Fence for perimeter fence maintenance, repair and modification at
Key West International Airport, renewing the agreement for one (1) year and increasing the
hourly contract amount by 2.1% CPI -U from $25.00 /hour to $25.53 /hour for fence
installer /lead crewman and from $20.00 /hour to $20.42/hour for fence installer/helper.
Financial funding for any service provided will be paid by Airport Operating Fund 404, FAA
and FDOT grant sources.
C8 Board granted approval and authorized execution of Amendment 4001 to Alzheimer's
Disease Initiative Program (ADI) Contract KZ -1697 between the Alliance for Aging, Inc.,
and Monroe County Board of County Commissioners /Monroe County Social Services /In
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Home Services for the Contract Year 2016 -2017 (7/1/2016 to 6/30/2017) in the amount of
$164,647.80, in order to reallocate funding within the grant to better serve Monroe
County citizens. This does not increase or decrease funding.
C9 Board granted approval to advertise a Request for Proposals for an aeronautical
activities lease on Parcel A (exhibit attached) at the Florida Keys Marathon International
Airport.
C10 Board granted approval to advertise a Request for Proposals for Pharmacy Benefit
Administrator and Claim Services.
C12 Board granted approval and authorized execution of a Contract with Pedro Falcon for
$184,820.00 to perform the work at the Big Pine Park for shade structure retrofitting and new
bocce courts.
C13 Board granted approval and authorized execution of an Agreement between Gartner, Inc.
and Monroe County for $35,570.00 for research and analysis of products and systems for the
County in selecting hardware, software solutions, telecom, and other IT services.
C 14 Board granted approval and authorized execution of a one (1) year residential renewal
Lease Agreement commencing June 1, 2017 with a County Employee for Location E
located at 382 Caribbean Drive, Unit A, Key Largo, FL. The term of the agreement is June
1, 2017, through May 31, 2018. The monthly rental amount is $550.00.
C15 Board granted approval and authorized execution of a one -(1) year residential renewal
Lease Agreement commencing June 1, 2017, with a County employee for Location F. The
term of the agreement is June 1, 2017, through May 31, 2018. The monthly rental amount is
$550.00.
C16 Board granted approval and authorized execution of a Lease Agreement with the State
of Florida Department of Health, Monroe County Health Department to provide continued
office space at the Gato Building, 1100 Simonton Street, Key West, FL. The term of this
Agreement is for a period of one (1) year beginning May 1, 2017, through April 30, 2018. The
Lessee will pay the County the sum of $0.00 per year, for office space.
C18 Board granted approval and authorized execution of a Lease Agreement with the State
of Florida Department of Health, Monroe County Health Department to provide office space
at the Murray E. Nelson Government and Cultural Center, 102050 Overseas Highway,
Key Largo, FL. The term of this Agreement is for a period of one (1) year beginning May
1, 2017, through April 30, 2018. The Lessee will pay the County the sum of $0.00 per year,
for office space.
C19 Board granted approval and authorized execution of a Lease Agreement with the State
of Florida Department of Health, Monroe County Health Department to provide continued
office space at the Department of Juvenile Justice Building, 5503 College Road, Stock Island,
Key West, FL. The term is retro - active from November 1, 2016, through October 31, 2017,
and then from November 1, 2017, through April 30, 2018, which extends the lease
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expiration date to conform with other Health Department leases at the Gato and Murray E.
Nelson buildings. The Lessee will pay the County the sum of $0.00 per year, for office space.
C20 Board granted approval and authorized execution of a License Agreement with
Friends of the Key Largo Cultural Center, Inc. for Management and Operation of a variety of
cultural, recreational, and related programs at the Murray E. Nelson Government and Cultural
Center. The term shall be extended for a period of five (5) years, commencing March 18,
2017, and ending March 17, 2022. Commencing April 13, 2017, the Licensee shall pay to the
County a facility charge of $10.28 per hour of usage of the building, which includes utilities,
and shall be adjusted annually in accordance with the Monroe County Board of County
Commissioners Policy for Use of Public Facilities, Roads, Bridges, County Meeting Rooms
and Theater Facilities Charges.
C21 Board granted approval to advertise for sealed bids for the Key West Noise
Insulation Program - Phase IA Construction Project. This project consists of construction
improvements to fifty -five (55) Key West by the Sea (Building 13-residential units) and two
(2) single family homes, to reduce interior noise levels. The award of bid/contract for this
project is contingent upon anticipated receipt of an FAA Grant (90 %), with a 10% match from
Airport Operating Fund 404 (to be fully reimbursed with PFC Application 417, when approved
by the FAA).
C22 Board granted approval of the Change Orders for the month of March reviewed by the
County Administrator /Assistant Administrator. Said Change Orders are incorporated herein by
reference.
C23 Board granted approval to advertise for sealed bids for the Runway 9 -27 Rehabilitation
Project at the Key West International Airport. The award of bid /contract for this project is
contingent upon anticipated receipt of an FAA Grant (90 %), with a 5% match from Airport
Operating Fund 404 (to be fully reimbursed with PFC Application 417, when approved by
the FAA). The remaining 5% match is already in place under FDOT Grant G0I56.
C24 Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 089 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 090 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 091 -2017
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 092 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 093 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 094 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 095 -2017
Said Resolution is incorporated herein by reference.
Amending Resolution No. 053 -2017 (OMB Schedule Item No. 8).
RESOLUTION NO. 096 -2017
Said Resolution is incorporated herein by reference.
Amending Resolution No. 238 -2016 (OMB Schedule Item No. 9).
RESOLUTION NO. 097 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 098 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 099 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 100 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 101 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 102 -2017
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 103 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 104 -2017
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 235 -2016 (OMB Schedule Item No. 17).
RESOLUTION NO. 105 -2017
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 106 -2017
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 107 -2017
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 108 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 109 -2017
Said Resolution is incorporated herein by reference.
C25 Board granted approval and authorized execution of the update to Exhibit A for
Traffic Signal Maintenance & Compensation Agreement 4ARU48 with the Florida Department
of Transportation to reflect the compensation amount for 7/1/2017 - 6/30/2018 contract year.
C27 Board granted approval and authorized execution of Change Order No. 8 with
Barracuda Builders, Inc. in the amount of $60,000.00 for demolition and replacement of a
door and installation of an ADA accessible ramp to the Mario Sanchez Gallery at the sally
port entrance of the East Martello Tower. This is 100% funded through a Tourist
Development Council Grant.
TOURIST DEVELOPMENT COUNCIL
Dl Board granted approval and authorized execution of an Amendment to extend the
termination date of the Agreement with the City of Key West for the Truman Waterfront
Park Amphitheater and Public Parking.
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D2 Announcement of one vacant position on the Tourist Development Council District
II Advisory Committee for one "At Large" appointment.
D3 Board granted approval and authorized execution of an Amendment to Agreement
with STR, Inc. to add Multi- Segment Weekday/Weekend Report for 13 FL Markets to
subscription and to include updated public records information in agreement.
PLANNING & ENVIRONMENTAL, BUILDING &
CODE COMPLIANCE DEPARTMENTS
Il Board granted approval to reappoint Frank Toppino, ENG I 132A, alternate, to one
additional three -year term to the Contractors Examining Board beginning June 12, 2017 and
ending June 11, 2020.
13 Board granted approval to reappoint previous member William F. Kelly III, EC525-
ER0009586, Registered Electrical Contractor, to one three year term to the Contractors
Examining Board beginning May 9, 2017 and ending May 8, 2020.
I4 Board adopted the following Resolution by the Monroe County Board of County
Commissioners confirming the administrative boundary interpretation of the Senior
Director of Planning & Environmental Resources in a Future Land Use Map boundary
determination regarding Square 20, Ocean Acres (PB1- 188), Key Largo, Monroe County,
FL, having real estate number 00454520- 000000.
RESOLUTION NO. 110 -2017
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
J2 Board adopted the following Resolution opposing offshore oil drilling in the eastern
Gulf of Mexico and supporting the current moratorium on drilling in the eastern Gulf.
RESOLUTION NO. 111 -2017
Said Resolution is incorporated herein by reference.
COUNTY CLERK
K2 Board granted official approval of the Board of County Commissioners minutes from
the regular meetings of January 18, 2017 and February 15, 2017 (previously distributed).
K3 Board granted approval of the following warrants, 10019583- 10020707(AP),
50002472- 50002527(PR), 21716- 21838(WC) (including payroll) for the month of February
2017, as follows: 001 General Fund, in the amount of $17,445,141.24; 101 Fine & Forfeiture
Fund, in the amount of $3,691,524.76; 102 Road & Bridge Fund, in the amount of
$179,918.02; 115 TDC District Two Penny, in the amount of $292,856.27; 116 TDC Admin
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& Promo 2 Cent, in the amount of $250,446.36; 117 TDC District 1,3 Cent, in the amount of
$210,932.48; 118 TDC District 2,3 Cent, in the amount of $17,791.22; 119 TDC District 3,3
Cent, in the amount of $27,574.45; 120 TDC District 4,3 Cent, in the amount of $25,349.99;
121 TDC District 5,3 Cent, in the amount of $28,802.77; 125 Gov Fund Type Grants, in the
amount of $646,057.59; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $637,834.94;
144 Fire /Ambulance, in the amount of $724.34; 147 Uninc Svc Dist Parks &Rec, in the
amount of $148,369.53; 148 Plan, Build, Zoning, in the amount of $409,611.97; 149
Municipal Policing, in the amount of $544,809.83; 150 911 Enhancement Fee, in the
amount of $88.49; 152 Duck Key Security Dist, in the amount of $553.82; 153 Local Housing
Assistance, in the amount of $23,519.25: 157 Boating Improvement Fund, in the amount of
$32,301.03; 158 Misc Special Revenue Fund, in the amount of $26,404.28; 160
Environmental Restoration, in the amount of $24,158.98; 163 Court Facilities, in the amount
of $12,337.54; 164 Drug Abuse Trust 603, in the amount of $4,636.79; 171 Stock Island
Wastewater, in the amount of $30,810.69; 175 Long Key Wastewater, in the amount of
$111.15; 180 Building Fund, in the amount of $385,736.79; 304 1 Cent Infra Surtax, in the
amount of $1,162,706.08, 310 Big Coppitt Wastewater, in the amount of $158.77; 311 Duck
Key Wastewater, in the amount of $95.27; 312 Cudjoe Regional WW Proj, in the amount of
$8,007.46; 314 Series 2014 Revenue Bonds, in the amount of $427,276.26; 401 Card Sound
Bridge, in the amount of $107,258.36; 403 Marathon Airport, in the amount of $888,312.44;
404 Key West Intl Airport, in the amount of $1,023,575.57; 406 PFC & Oper Restrictions,
in the amount of $188,276.42; 414 MSD Solis Waste, in the amount of $1,455,854.43; 501
Worker's Compensation, in the amount of $452,950.65; 502 Group Insurance Fund, in the
amount of $2,360,420.25; 503 Risk Management Fund, in the amount of $61,885.89; 504
Fleet Management Fund, in the amount of $169,229.12; Fire /EMS LOSAP Trust Fund, in
the amount of $2,550.00.
K4 Board granted approval of Tourist Development Council expenditures for the month of
February 2017, as follows: Advertising, in the amount of $85,985.54; Bricks & Mortar
Projects, in the amount of $200,443.90; Events, in the amount of $76,384.15; Office Supplies
& Operating Costs, in the amount of $51,223.64; Public Relations, in the amount of
$166,267.20; Sales & Marketing, in the amount of $41,075.57; Telephone & Utilities, in the
amount of $14,499.45; Travel, in the amount of $21,480.69; Visitor Information Services, in
the amount of $48,218.36.
K5 Board granted approval of FKAA invoices $50,000.00 or over for the fiscal year (to
include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are
incorporated herein by reference.
K6 Board granted approval of FKAA invoices for the fiscal year (to include salaries),
relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are
being provided for information only. Said invoices are incorporated herein by reference.
K7 Board granted approval of items to be deleted from inventory and disposed of. Said list is
incorporated herein by reference.
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COUNTY ADMINISTRATOR
L6 Board granted approval to advertise a Public Hearing on an Initial Assessment
Resolution to collect special assessments and the creation of assessment areas to collect
funds to pay for ongoing operation and maintenance costs for existing canal water quality
restoration projects on canals 83, 266, 277, 287, 290, 470 and 472. (After the Board discussed
Item M2, this item was reconsidered and will not be advertised).
L10 Board granted approval and authorized execution of a $0 time extension to the
Contract with Parsons Brinkerhoff, Inc. to conduct a vulnerability assessment of Bayshore
Manor Assisted Living Facility as a means of developing a method to quantify potential
losses exacerbated by sea level rise.
COUNTY ATTORNEY
M3 Board granted approval of the purchase of a General and Professional Liability
Insurance Policy with Colony Insurance Company for Bayshore Manor and for the Risk
Administrator to sign all necessary forms.
M5 Board granted authorization to initiate litigation against Zazshah M. Zaldivar and
Pinball 4, LLC, %Bertha Burke, and the property located at 1014 Dove Lane, Key Largo,
Florida, and any other properties owned by them if necessary, to enforce the liens arising
from code compliance case number(s) CE10090004 and CE15100106.
M6 Board granted authorization to initiate litigation against Ricardo Leon and Sylvia
Menendez and the property located at 84 Henry Morgan Drive, Key Largo Florida, and any
other properties owned by them if necessary, to seek compliance with the County Code and
enforce a lien arising from code compliance case number CE15030180.
M7 Board granted authorization to initiate litigation against Linda S. Campbell and the
property located at 50 Tina Place, Key Largo Florida, and any other properties owned by
them if necessary, to seek compliance with the County Code and enforce a lien arising
from code compliance case number CE14080163.
M8 Board granted approval to accept a proposal from Marsh USA and purchase Pollution
Liability Insurance through Allied World Assurance Company at a cost of $71,492.00 for a
three (3) year policy and authorized staff to sign all necessary forms.
M9 Board granted approval to accept Marsh USA proposal and renew Property Insurance
from Lloyds of London Ins. Co. and Landmark American Ins. Co., and Boiler and
Machinery Insurance from Hartford Steam Boiler Ins. Co.
04/12/2017 Page 9
M11 Board adopted the following Resolution memorializing policy passed and adopted by
the Board of County Commissioners for Tourist Development Council Capital Projects at its
March 15, 2017 meeting.
RESOLUTION NO. 112 -2017
Said Resolution is incorporated herein by reference.
M14 Board granted approval of a five (5) year agreement with Thomson Reuters for
Government Plan Westlaw PRO online legal research retroactive to April 1, 2017 and
authorization for the County Attorney to execute the Agreement and any additional documents
pertaining to the Agreement.
COMMISSIONERS' ITEM
02 Board granted approval of Commissioner Carruthers' appointment of Teri Johnston to
the Monroe County Planning Commission, as replacement for Elizabeth Lustberg who
resigned in March 2017, with a term expiring November 2020.
PROJECT MANAGEMENT
03 Board granted approval to award bid and authorized execution of a Contract with Sea
Tech of the Florida Keys, Inc. for $150,794.00 for the construction of the Senior Center
Kitchen Renovation project at the Housing Authority of the City of Key West, Henry V.
Haskins Senior Citizen Plaza.
COMMISSIONERS' ITEM
04 Board granted approval of Commissioner Murphy's reappointment of Ron Miller to the
Monroe County Planning Commission.
EMERGENCY SERVICES
05 Board granted approval of a LOSAP benefits lump sum payment to, Paul Altamuro, a
vested fire fighter.
Motion carried unanimously.
COUNTY ATTORNEY
Bob Shillinger, County Attorney, addressed the Board concerning the following two
items:
M15 Approval of a Contract for purchase of a lot located at Block 2, Lot 3, Tropical Bay
Second Addition (PB 5 -73) with parcel number 00313300- 000000 for density reduction
purposes.
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M16 Approval of a Contract for purchase of a lot located at Block 1, Lot 7, Tropical Bay
Second Addition (PB 5 -73) with parcel number 00313240- 000000 for density reduction
purposes.
After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Murphy granting approval and authorizing execution of Items M15 and M16.
Motion carried unanimously.
PROJECT MANAGEMENT
H1 Kevin Wilson, Assistant County Administrator, advised the Board that Kelly
McKinnon, Executive Director of the Pigeon Key Foundation, would be giving the Board
a presentation regarding the state of Pigeon Key. Mr. McKinnon made a power
point presentation and handed out the Pigeon Key Foundation 2016 Annual
Report.
COMMISSIONERS' ITEMS
J3 Peter Batty, Chair of The Utility Board, addressed the Board concerning the request
from Keys Energy Services to waive or have the County pay permit fees for those county
residents who will be required to relocate their electrical service due to the elimination of
certain easements. Bob Shillinger, County Attorney; and, Christine Hurley, Assistant County
Administrator, addressed the Board. After discussion, motion was made by Commissioner
Kolhage and seconded by Commissioner Carruthers that the County make the payment for the
permit fees out of the general fund per the request of Keys Energy. Roll call vote was taken
with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
MISCELLANEOUS BULK APPROVALS
C17 Kevin Wilson, Assistant County Administrator, addressed the Board concerning
approval of a two (2) year Contract with Hy -Tech Solutions, Inc. for Fire and Panic Alarm
Inspections, Maintenance, and Monitoring for Monroe County Buildings. Fees for
inspections, maintenance, and monitoring are paid for out of facilities maintenance. Contract
amount will be for $110,000.00 annually for monthly monitoring, annual inspections, and
regular maintenance. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Rice granting approval of staff's revised recommendation to reject
all quotes and rebid the project. Commissioner Kolhage announced that he had to recuse
himself from the item as one of the bidders is related to him by marriage. Motion carried
04/12/2017 Page 11
unanimously, with Commissioner Kolhage recusing himself.
STAFF REPORTS
El Kevin Wilson, Assistant County Administrator, gave the Board and update on the
wastewater projects, as follows: the Outer Islands collection and transmission system has
reached substantial completion, and that the project should probably be wrapped up by the third
quarter of this year; Big Pine, Little Torch and No Name Keys wastewater projects should be
done by September; East and West Long Key expansion should also be done by September;
and, that we are moving forward on the closing phases of the Stock Island Sewer System; and,
that there is a public hearing today for the initial assessment Resolution for the final phases of
the assessment collection system.
Mr. Wilson advised the Board that there was a well- attended public meeting, held at the
Stock Island Fire Station, to talk about the upcoming design of the McDonald, Maloney and
Peninsular Avenue Project (Stock Island II Roadway & Drainage Improvements Project). He
advised that there are still a number of items to discuss, but that they are getting ready for the
design phase of the project.
Mr. Wilson advised the Board that a default letter has been sent to E -3, that it was
delivered April 7 and that the cure period is now running.
E2 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition, updated the Board
on the following issues going on in Tallahassee: The House and Senate budgets passed their
respective budgets, they are $2 billion apart, and that the vast budget difference will essentially
come down to how they resolve big policy decisions around a couple of key issues: Everglades
Restoration, gaming, education, and Enterprise Florida. The Stewardship Appropriation is
hanging in the balance; we are in the Senate budget for $25 million for water quality, but not in
the House budget. The Senate introduced a joint Resolution, in both the House and Senate,
proposing an increase to the homestead exemption by $25,000.00 creating a full $75,000.00
exemption, for the first $100,000.00 of the value of homesteaded property. The House has
introduced a similar bill for a tax cut package. Gave an update on the Everglades Bill, Vessel
Pump Out Bill and the Communications Bill.
E3 Martin Senterfitt, Director of Emergency Management, briefed the Board on the screw
worm incident that began in September 2016, and that is now wrapped up. Mr. Senterfitt
advised that, during this period, 135 Key Deer were lost. He advised that the screw worm was
eradicated by releasing 160,000,000 sterile flies, over the last six months that basically bred the
fly out of existence. There were over 15,000 medications given by hand from volunteers; 18
medication stations; and over 17,000 domestic animals checked at the interdiction station in Key
Largo. Mr. Senterfitt acknowledged the Board for setting the vision and goals that allowed
Emergency Management to bring together multiple entities at the federal, state, local, non -profit
and private levels to lay out a vision and a mission of what needed to be accomplished. He also
acknowledged the Boy Scouts of America, local veterinarians, Marathon Airport, Mosquito
Control, community volunteers and the Tourist Development Council.
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COUNTY ADMINISTRATOR
L8 Julie Epsy, Environmental Administrator with Florida Department of Environmental
Protection, made a Power Point Presentation regarding their regulatory monitoring efforts and
program in Monroe County. The following individuals addressed the Board: Greg Corning,
Field Engineer with Amec Foster Wheeler; and Gus Rios, Program Administrator with
Department of Environmental Protection. Bob Shillinger, County Attorney; and Lisa
Tennyson, Legislative Affairs Coordinator, addressed the Board. The Board took no official
action.
COUNTY ADMINISTRATOR
L9 Rhonda Haag, Sustainability Coordinator, began the presentation on the discussion and
direction regarding the proposed canal special assessment program for the first six (6) canal
demonstration projects. Mayor Neugent requested that the item be held until after lunch.
PLANNING & ENVIRONMENTAL BUILDING &
CODE COMPLIANCE DEPARTMENT
I5 The following individual addressed the Board concerning discussion and direction on a
request by Habitat for Humanity of the Upper Keys, Inc., for the donation of three county
owned parcels, Lots 16 and 17 of the Holiday Homesites Subdivision and Lot 3 of Winston
Park Subdivision, for the construction of two (2) affordable housing dwelling units: Jack
Niedbalski, Executive Director of Habitat for Humanity of the Upper Keys, Inc. Mayte
Santamaria, Senior Director, Planning & Environmental Building & Code Compliance,
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Murphy granting approval of the donation. Motion carried unanimously.
I9 Bob Shillinger, County Attorney, addressed the Board concerning the correction of a
scrivener's error to add the legal description as Exhibit A of an Interlocal Agreement (ILA),
approved by the BOCC on December 14, 2016, between Monroe County and City of
Marathon transferring 52 low income and 3 very low income (55 total) Affordable
Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is
proposed by Keys Affordable Development III, LLC, for a project that proposes developing
55 new affordable housing units and is applying for state low income housing tax credits
(LIHTC). Mr. Shillinger requested that the item be continued to next month's meeting. After
discussion, motion was made by Commissioner Rice and seconded by Commission Kolhage
granting approval to continue the item for one month. Motion carried unanimously.
I7 The following individual addressed the Board concerning approval of a Resolution of
the Board of County Commissioners of Monroe County, Florida, adopting the Monroe
County Multi jurisdictional Program for Public Information (PPI); and providing for an
effective date: Lori Lehr. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried
unanimously.
04/12/2017 Page 13
RESOLUTION NO. 113 -2017
Said Resolution is incorporated herein by reference.
I6 Board discussed approval of a Resolution of the Board of County Commissioners of
Monroe County, Florida, authorizing staff to develop and issue a release form for expired
affordable housing deed restrictions, if the deed restrictions are no longer effective due to
the conclusion of maximum time within the covenant. Bob Shillinger, County Attorney; and
Christine Hurley, Assistant County Administrator, addressed the Board. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 114 -2017
Said Resolution is incorporated herein by reference.
12 Board discussed approval of appointment of Ms. Anna Hubicki, (lay person), to one
three (3) year term to the Contractors Examining Board (CEB) beginning June 11, 2017 and
ending June 10, 2020. This will be Ms. Hubicki's first term. Bob Shillinger, County
Attorney, addressed the Board. After further discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers to reject the appointment. Roll call vote
was unanimous.
COUNTY ADMINISTRATOR
L9 Rhonda Haag, Sustainability Coordinator; and Camille Tharpe, Senior Vice President of
GSG, made power point presentations on the proposed canal special assessment program for
the first six (6) canal demonstration projects. The following individuals addressed the Board:
Dotti Moses, representing Island of Key Largo Federation of Homeowner's Association; Greg
Corning, Field Engineer with Amec Foster Wheeler; Stephen Spellman, John Evans, Tara
Thoman -Wood, Charles Chappell, Mike Kruzel, James Stuffo, and Alicia Putney. Bob
Shillinger, County Attorney, addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Carruthers to approve Option E. Delay
assessment one (1) year only. (County pays $85,475.00 one (1) year only. FN completes canal
monitoring and final report, the technologies' effectiveness is evaluated; staff researches options
to lower the costs of the O &M; and, residents pay 100% O &M beginning November 2018, $
TBD.) 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.
04/12/2017 Page 14
COUNTY ATTORNEY
M2 Bob Shillinger, County Attorney; and, Cynthia Hall, Assistant County Attorney,
addressed the Board concerning approval to advertise for a Public Hearing to be held to
consider adoption of an Ordinance amending Chapter 26 of the Monroe County Code,
Waterways, creating Article VI of that chapter, establishing and defining a special assessment
program for canals. After discussion, motion was made by Commissioner Carruthers to
withdraw the item from the agenda. After further discussion, Commissioner Carruthers
withdrew her motion. Motion was made by Commissioner Kolhage and seconded by
Commissioner Rice granting approval of the item. The following individual addressed the
Board: Tara Thoman -Wood. Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
No
Mayor Neugent
Yes
Motion failed.
COUNTY ADMINISTRATOR
L6 Cynthia Hall, Assistant County Attorney, addressed the Board concerning the bulk
approval earlier in the morning, Item L6, granting approval to advertise a Public
Hearing on an Initial Assessment Resolution to collect special assessments and the creation
of assessment areas to collect funds to pay for ongoing operation and maintenance costs
for existing canal water quality restoration projects on canals 83, 266, 277, 287, 290, 470 and
472. Bob Shillinger, County Attorney, advised the Board that they just took action to undo this
item and for the record there would be no follow up to set a Public Hearing on this item.
Motion was made by Commissioner Kolhage and seconded by Commissioner Rice
granting approval and authorizing execution of the following items:
L2 Approval to enter into a $0 on -call contract with Tetra Tech, Inc. for Category B
Canal Infrastructure Engineering Services.
L3 Approval to enter into a $0 on -call contract with Amec Foster Wheeler Environment
Infrastructure, Inc. for Category C for Environmental Services, Environmental Engineering,
and other related services.
L4 Approval to enter into a $0 on -call contract with WSP / Parsons Brinckerhoff, Inc. for
Category C Environmental and Environmental Engineering Services.
L5 Approval to negotiate $0 on -call contract with Jones Edmunds & Associates, Inc. for
Category C Environmental and Environmental Engineering Services.
04/12/2017 Page 15
Motion carried unanimously.
L7 Board discussed approval to advertise a Request for Proposal for the backfilling of
canal 75 in Key Largo, funded by the State Stewardship Grant for FYI 7. After further
discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy
granting approval of the item. 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.
Ll 1 Board discussed approval to enter into an Agreement with David N. Bell Jr. for a long
term grant of easement and right of entry for use of his property located at 31441 Avenue
I, Big Pine Key, parcel identification number 110940, to place the air curtain land -based
equipment on for the water quality improvement demonstration project at Canal 4290, Big
Pine, and to grant an annual credit equal to the MSBU proposed for the Operation and
Maintenance costs. After further discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Rice granting approval and authorizing execution of the Agreement.
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.
COMMISSIONERS' ITEMS
J1 Harri Appel, President, Save -A- Turtle Florida Keys, addressed the Board regarding
Turtle Migration lighting at the Big Pine Park disorienting migrating turtles due to light
spillover. Kevin Wilson, Assistant County Administrator, addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to go with proper lighting at the Park. Motion carried unanimously. The following
individual addressed the Board: Mike Kruzel.
COUNTY ADMINISTRATOR
L13 Board discussed approval of the 2017 Blue Options Benefit Booklet for Covered Plan
04/12/2017 Page 16
Participants of the Monroe County BOCC Group Health Plan. Christine Hurley, Assistant
County Administrator; and Bob Shillinger, County Attorney, addressed the Board. After
discussion, motion was made by Commissioner Kolhage and seconded by Commissioner
Murphy granting approval of staff recommendation to approve the item excluding services
covered under Section 1557 of the Affordable Care Act. Roll call was taken with the following
results:
Commissioner Carruthers
No
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
PLANNING & ENVIRONMENTAL, BUILDING &
CODE COMPLIANCE DEPARTMENTS /PUBLIC HEARINGS
Bob Shillinger, County Attorney, Mayte Santamaria, Senior Director, Planning &
Environmental Building & Code Compliance; and, Christine Hurley, Assistant County
Administrator addressed the Board concerning the following two items:
I8 Discussion and direction on proposed amendments to Land Development Code
amending Section 101 -1 to create definitions related to flood protection height exceptions;
and amending Section 130 -187 to address height exceptions for non - habitable architectural
decorative features within the Ocean Reef Master Planned Community and to provide certain
exceptions to the height limit in order to protect property from flooding and reduce flood
insurance costs.
N1 A Resolution by the Monroe County Board of County Commissioners transmitting to
the State Land Planning Agency an Ordinance by the Monroe County Board of County
Commissioners amending Monroe County Comprehensive Plan Policy 101.5.30 to include
the definition of height; creating Policy 101.5.31 to address height exceptions for non -
habitable architectural decorative features within the Ocean Reef master planned community;
and creating Policies 101.5.32 and 101.5.33 to provide certain exceptions to the height limit
in order to protect property from flooding and reduce flood insurance costs by establishing
standards when a structure can elevate above FEMA base flood elevation and including a
maximum height limit; providing for severability; providing for repeal of conflicting
provisions; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for inclusion in the Monroe County 2030 Comprehensive Plan; providing
for an effective date.
The following individuals addressed the Board: Dottie Moses, representing Island of
Key Largo Federation of Homeowner's Association; Deb Curlee, Vice President of Last Stand;
Alicia Putney, Bill Hunter, and Ron Miller, representing Upper Keys Citizen's Association.
04/12/2017 Page 17
After discussion, the Board voted on each Policy of the Proposed Comprehensive Plan
and adopted the transmittal Resolution; and directed staff to proceed with the Proposed Land
Development Code Amendments, as follows:
N1 Motion was made by Commissioner Kolhage and seconded by Commissioner
Carruthers to approve Policy 101.5.30. Motion carried unanimously.
I8 Sec. 130 -187. Maximum height. No Structure or building shall be developed that
exceeds a maximum height of 35 feet. Exceptions will be allowed for chimneys; spires and /or
steeples on structures used for institutional and /or public uses only; radio and /or television
antenna; flagpoles; solar apparatus; utility poles and /or transmission towers; and certain antenna
supporting structures with attached antenna and /or collocations as permitted in chapter 146.
Exceptions will be allowed for flood protection as specifically permitted in Policies 101.5.32
and 101.5.33 and listed below. However, in no event shall any of the exclusions enumerated in
this section be construed to permit any habitable or usable space to exceed the maximum height
limitation, except as specifically permitted in Policies 101.5.32 and 101.5.33. In the case of
airport districts, the height limitations therein shall be absolute and the exclusions enumerated
in this section shall not apply.
N1 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to
approve Policy 101.5.31. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
I8 A. Within the Ocean Reef master planned community which is gated, isolated and
inaccessible to the surrounding community, and has a distinct community character, buildings
may include non - habitable architectural decorative features (such as finials, railings, widow's
walk, parapets) that exceed the 35 foot height limit, but such features shall not exceed 5 feet
above the building's roof -line. This exception shall not result in a building together with any
architectural decorative feature with a heiizht that would exceed 40 feet.
N1 Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers
to approve Policy 101.5.32 with the direction to maintain the code language, recommended by
the Planning Commission, limiting two (2) habitable floors. Motion carried unanimously.
I8 B. As provided in Policy 101.5.32, buildings voluntarily elevated to meet or exceed the
FEMA Base Flood Elevation (BFE) may exceed the 35 -foot height limit as follows:
04/12/2017 Page 18
1. For NEW single family (detached dwelling g unit) and multi - family (attached dwelling
and multi - family (attached dwelling
unit) buildings which are voluntarily elevated to exceed the building's minimum required
BFE, an exception of a maximum of three (3) feet above the 35 -foot height limit may be
permitted. The amount of the height exception shall be no greater than the amount of
voluntary elevation above BFE. In no event shall a new building exceed 38 feet in height
or two (2) habitable floors. This exception shall aply to new construction and to the
substantial improvement of buildings, whether voluntary or not.
2. For lawfully established EXISTING ,,,,, (detached and attached dwelling unit)
buildings which do not exceed the 35 -foot height limit and are voluntarily retrofitted to
meet and /or exceed the building's minimum required BFE, an exception of a maximum of
five (5) feet above the 35 -foot height limit may be permitted. The amount of the height
exception shall be no greater than the distance necessary to elevate the building to meet
BFE plus up to three (3) feet of voluntary elevation above BFE. In no event shall an
existing building be elevated to exceed a total building height to 40 feet.
3. No exception shall result in a total building height that exceeds 40 feet.
4. Buildings not being elevated to at least meet the required FEMA BFE are not eligible for
this exception.
c No e pie shall be idea to „ , i.,,;ldi s l,,eated in an AE 10 VE 10 eate
FEMA iqeed,--eff,—
N1 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to
approve Policy 101.5.33 and to maintain the criteria that's listed under D on the Proposed Land
Development Code Amendments. Roll call vote was taken with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
I8 C. As provided in Policy 101.5.33, lawfully established EXISTING multi - family
(attached dwelling unit) buildings which exceed the 35 -foot height limit may be repaired,
improved, redeveloped and /or elevated to meet the required FEMA BFE provided the building
does not exceed a total maximum building height of 40 feet, and the building is limited to the
existing lawfully established intensity, floor area, building envelope (floor to floor height),
density and type of use. A Flood Protection Height Exception of a maximum of five (5) feet
may be permitted to meet the building's minimum required FEMA BFE. The amount of the
exception shall be no greater than the amount of elevation necessary to meet BFE. Buildings not
being elevated to at least meet the required FEMA BFE are not eligible for this exception.
D. As provided in Policy 101.5.33, for lawfully established existing multi - family (attached
dwelling unit) buildings which exceed the 35 -foot height limit that are proposed to exceed a total
height of 40 feet, a public hearing before the Planning Commission and Board of County
Commissioners to review and specify the maximum approved height shall be required prior to
04/12/2017 Page 19
issuance of any county permit or development approval. The Planning Commission shall provide
a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a
resolution specifying the maximum approved heir
1. For lawfully established existing multi-family attached dwelling unit) buildings that are
voluntarily repaired, improved, redeveloped and /or elevated to meet the building's minimum
required FEMA BFE, but will require a height exception of more than five (5) feet, a Flood
Protection Height Exception exceeding the 35 -foot height limit may be provided by the BOCC
based on the following criteria:
a. The flood zone of the parcel,
b. The number of dwelling units lawfully established and an analysis of the number of
dwelling units which may not be able to redevelop on the subject parcel without a height
exception;
c. The physical characteristics of the existing building and parcel,
d. The susceptibility of the existing building and its contents to flood damage and the
effects of such damage on the property owner,
e. The possibility that materials from the existing building may be swept onto other lands
to the injury of others,
f. The availability of alternate solutions,
g. If the new proposed building height will result in increased flood risk, result in
additional threats to public safety, result in extraordinary public expense, create nuisance, or
cause fraud on or victimization of the public,
h. Community character, and
i. Buildings not being elevated to at least meet the required FEMA BFE are not eligible for
this exception.
2. A BOCC resolution shall specify the findings of criteria of D.l.a. through i. (above) and
specify the approved maximum total height for the proposed building.
RESOLUTION NO. 115 -2017
Said Resolution is incorporated herein by reference.
N2 A Public Hearing w a s h e l d t o c o n s i d e r the South Stock Island Wastewater
Assessment Program Phase 2 Initial Assessment Resolution describing the method of
assessment for the South Stock Island Wastewater parcels as provided by KW Resort Utilities
Corp. Kevin Wilson, Assistant County Administrator, addressed the Board. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 116 -2017
Said Resolution is incorporated herein by reference.
04/12/2017 Page 20
transient units to be replaced with up to the same density of permanent employee housing
dwelling units notwithstanding density limitations of the future land use map categories and
subject to the award of Affordable ROGO Allocations, a development agreement, and a
major conditional use permit; Providing for Severability; Providing for Repeal of
Conflicting Provisions; Providing for Transmittal to the State Land Planning Agency and the
Secretary of State; Providing for inclusion in the Monroe County Comprehensive Plan;
Providing for an Effective Date. Mayte Santamaria, Senior Director, Planning & Environmental
Building & Code Compliance, advised the Board that there was a request by the applicant to
postpone the item to the August 16, 2017 meeting. Motion was made by Commissioner
Carruthers and seconded by Commissioner Kolhage to continue the item. Motion carried
unanimously.
N4 A Public Hearing w a s h e 1 d to consider an Ordinance by the Monroe County
Board of County Commissioners updating the Five -Year Schedule of Capital Improvements
table for Fiscal Years 2017 -2021, located within the Capital Improvements Element of the
Monroe County Year 2030 Comprehensive Plan, pursuant to Section 163.3177(3), F.S. Motion
was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE 002 -2017
Said Ordinance is incorporated herein by reference.
N5 A Public Hearing was held to consider an Ordinance either 1) amending Sections 21 -46,
21 -70, 21 -71, 21 -72 and 21 -75 of the Monroe County Code providing definitions; providing
for anti - scavenger clause and providing for rules, regulations and licensing requirements
and fees for specialty haulers and transfer stations pursuant to the solid waste specialty
hauler program or 2) amending Sections 21 -46, 21 -71, 21 -72 and 21 -75 of the Monroe
County Code providing definitions; providing for rules, regulations and licensing
requirements and fees for specialty haulers and transfer stations pursuant to the solid waste
specialty hauler program. There are two versions of the ordinance to be considered the first
version includes anti - scavenger provisions and the second version does not. Kevin Wilson,
Assistant County Administrator; and Will Thompson, Director of Solid Waste, addressed the
Board. The following individual addressed the Board: Angel Borden. After discussion, motion
was made by Commissioner Kolhage and seconded by Commissioner Carruthers to continue the
item to next month's meeting in Key West (May 17, 2017). Motion carried unanimously.
N6 A Public Hearing was held to consider a Resolution by the Monroe County
Board of County Commissioners transmitting to the State Land Planning Agency an
Ordinance by the Monroe County Board of County Commissioners amending the Monroe
County Future Land Use Map from Residential High (RH) to Mixed Use /Commercial (MC),
for property located at 5713 First Avenue, South Stock Island, mile marker 5, legally described
as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's Plat of Stock Island (Plat Book 1, Page
55), Stock Island, Monroe County, Florida, having real estate number 00124700- 000000, as
proposed by Standard Marine Supply Corp; providing for inclusion in the Monroe County
Comprehensive Plan. Mayte Santamaria, Senior Director, Planning & Environmental Building
& Code Compliance addressed the Board. After discussion, motion was made by Commissioner
04/12/2017 Page 21
Rice and seconded by Commissioner Kolhage to continue the item to next month's meeting in
Key West (May 17, 2017). Motion carried unanimously.
N7 A Public Hearing was held to consider a Resolution renouncing and disclaiming any
right of the County and the public in and to a portion of the right -of -way of Hibiscus Street,
laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", Key Largo,
as recorded in Plat Book 1, Page 188, of the Public Records of Monroe County, Florida.
Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 117 -2017
Said Resolution is incorporated herein by reference.
N8 A Public Hearing was held to consider a Resolution of the Board of County
Commissioners of Monroe County, Florida asking the U.S. Bureau of Land Management to
limit use of and access to Wisteria Island to day light hours only. Sheriff Rick Ramsay; and
Bob Shillinger, County Attorney, addressed the Board. The following individuals addressed the
Board: Deb Curlee, representing Last Stand; Barton Smith, and Douglas Halsey, representing
FEB Corp. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice to adopt the following Resolution as amended at page 2, as follows:
H 41 1 JIWIL*�IPRURIMMW
M.P.
Section 1. The U.S. Bureau of Land Management is respectfully requested to issue a partial
closure order for Wisteria Island that would close the island
effl�-between the hours of 8 a.m. an 5 p.m. and 8 am. and r,.,,hibi ng t4e general r„ li f ^m
Motion carried unanimously.
RESOLUTON NO. 118 -2017
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
L1 Roman Gastesi, County Administrator, directed the Board to the County Administrator's
written report for April 2017. Said report is incorporated herein by reference. Mr. Gastesi
announced that Florida Keys Day is next week and that Lisa Tennyson had handed out a package
earlier in the day to each of the Commissioner titled Legislative Package 2017 that included a lot
of important information as a summary.
04/12/2017 Page 22
COUNTY ATTORNEY
Ml Bob Shillinger, County Attorney, directed the Board to the County Attorney's written
report for April 2017. Said report is incorporated herein by reference. Mr. Shillinger advised the
Board that this marks the first year using the MinuteTraq software. That the Ordinance for
floating signs is still being vetted by the sign expert counsel. Mr. Shillinger requested to hold an
Attorney- Client Closed Session in the matter of Jose Santiago v. Monroe County, Case No.
2013 -CA- 1113 -K to be heard at the May 17, 2017 BOCC meeting in Key West, FL at 1:30 p.m.
or as soon thereafter as may be heard and read the required language into the record. Motion
was made by Commissioner Murphy and seconded by Commissioner Kolhage to hold the Closed
Session. Motion carried unanimously.
M10 Bob Shillinger, County Attorney addressed the Board concerning direction on whether
staff should begin to execute legal documents or affidavits confirming that a road has been
maintained by the County for f o u r ( 4) years as per F.S. 95.361 or other matters in
order to facilitate a private sale of property and /or franchise agreement. The following
individuals addressed the Board: Bart Smith, representing Publix; Dottie Moses, representing
Last Stand; and, Alicia Putney, representing Key Deer Protection Alliance. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Rice to deny the
item. Motion carried unanimously.
M12 Bob Shillinger, County Attorney, requested to hold an Attorney- Client Closed Session
in the matter of Monroe County v. Alfredo Menendez, Case No. 16 -CA -651 -P at the May 17,
2017 BOCC meeting in Key West, FL at 1:30 p.m. or as soon thereafter as may be heard and
read the required language into the record. Motion was made by Commissioner Carruthers and
seconded by Commissioner Kolhage to hold the Closed Session. Motion carried unanimously.
M13 Board discussed approval of an Easement Vacation Application with Monroe County.
Bob Shillinger, County Attorney; and, Steve Williams, Assistant County Attorney, addressed the
Board. After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Rice granting approval of the item. Motion carried unanimously.
COMMISSIONERS' ITEM
01 The following individual addressed the Board concerning approval of a Resolution
requesting that Senate Bill 162 and House Bill 93 be amended to make coastal counties
eligible to participate in a proposed pilot program for "coastal communities" to regulate or ban
single use disposal plastic bags and expressing support for the pilot program: Deb Curlee,
representing Last Stand. Bob Shillinger, County Attorney, addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers
to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 119 -2017
Said Resolution is incorporated herein by reference.
04/12/2017 Page 23
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Kevin Madok, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
mela, . iie&d D.C.
04/12/2017 Page 24