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Item Q2MBUTES OF THE MC NROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Regular Meeting -44IRII Wednesday, June 10, 2015 Marathon, Florida 711711ty,57amo ountyuommissionersconveneffat9:oUa. at the Marathon Government Center. Present and answering to roll call were Commissioner Carruthers, Commissioner Murphy, Commissioner Neugent, Commissioner Rice and Mayor Danny L. Kolhage. Also present at the meeting were Roman Gastesi, County Administrator, Bob Sbillinger, County Attorney, Amy Heavilin, County Clerk, Sheriff Rick Ramsay, county staff, and members of the general public. I Item A Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the additions, corrections and deletions to the agenda. Motion carried unanimously. A copy of the approved changes are attached at the end of these minutesfor reference. Item B I Mayor's Proclamation of the Community Health Improvement Plan Publicati for Mon -roe County called "CHIP" which serves as a free reference guide f, Monroe County Residents and visitors on the health status of Monroe Counj micro-cornmunities, for which there are 19 micro -communities from Key West n, Key Largo. Gail Glover received the award on behalf of the Health Departme and addressed the audience. BULK APPROVALS Motion was made by Mayor Kolhage and seconded by Commissioner Carruthers grantil approval of the bulk approvals, Motion passed unanimously. M Item C 1 Board granted approval of a consulting contract with THC, Inc. to provi - engineering, consulting and other professional services for the next phase of t] Noise Insulation Program at Key West International Airport. Item C2 Board granted approval of Lease and Concession Agreement with Avis Rent A Car System, LLC to operate an automobile rental concession at the Florida Keys Marathon International Airport. Item C3 Board granted approval of a Lease and Concession Agreement with Budget Rent A Car System, Inc. to operate an automobile rental concession at the Florida Keys Marathon International Airport. 031�01 MINUTES OF THE MO of COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item C4 Board granted approval of various resolutions for the transfer of fonds and resolutions for the receipt of unanticipated revenue. The resolution numbers below are incorporated herein by reference, • Resolution #143-2015 Transfer of Funds for Fund 314 • Resolution #144-2015 Transfer of Funds for Fund 001 Resolution *145-2015 Receipt of Unanticipated Funds for Fund 158 Resolution #146-2015 Transfer of Funds for Fund 130 Resolution #147-2015 Receipt of Unanticipated funds for Fund 125 Resolution #148-2015 Receipt of Unanticipated funds for Fund 125 Item C5 Board granted approval of an exception to Section 4.07(B)(1) and 2.03 B (6) to the Personnel Policies and Procedures Manual extending the maximum time period for trainees from six (6) months to one (1) year, in order to allow Monroe County Fire Rescue to hire up to six (6) Firefighter Trainees enrolled in the Monroe County Firefighter Academy for a period of up to one (1) year, in order for the Trainee to obtain the minimally required qualifications for the position of Firefighter EMT / Firefighter Paramedic. Upon the Trainee obtaining the minimum qualifications for the position, he/she will be considered to be hired into the vacant budgeted position as a regular FTE employee (firefighter, FF/EMT or FF/paramedic, depending on his or her qualifications). Item C6 Board granted approval of contract with Richard L. Dolsey, P. Inc. dba Physician's Health Center, Inc. to provide employment physical services. Item C7 Board granted approval of a Resolution authorizing agents of Animal Control Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and, to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. Item C8 Board granted approval or Solid Waste Management staff to reduce tipping fees for disposal of illegal fishing gear that remains in the water illegally during closed season. Its C9 Board granted approval to exercise the second option to renew the contract with Un'First Corporation for the Division of Public Works uniform services, Monroe County. Its CIO Board granted approval to amend and exercise the second renewal contract with Maverick United Elevator LLC for complete elevator service maintenance for Monroe County. N�� MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item CI I Board granted approval for Monroe County Board of County Commissioners award bid and enter into contract with S.B. Painting and Grounds Maintenane Inc. for the project "Paint -Stock Island Jail". -i Ftem C12 Board granted approval for ratification of Amendment #004 to the Alzheimer's Disease Initiative Program (ADI) Contract #KZ1497 between the Alliance fol Aging, Inc. A. and Monroe County Board of County Commissioners (Social Services/In Home Services) for the contract period of 7/1/14 to 6/30/15 to add facility -based respite services into the original contract, transfer funds within the contract, and correct unit rates. Item C13 Board granted approval to execute a Contract with Paradise Divers, Inc. for t Temporary Ferry Service between the City of Marathon and Pigeon Key. I Item C14 Board granted approval of Local Agency Program (LAP) Agreement with Fo"'I Department of Transportation (FDOT) to provide funding for Engineering Desi and Permitting Services for the Garrison Bight Bridge Repair Project. Item C15 Board granted approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C17 Board granted approval of a task order with T.Y. Lin Intemational/H.J. Ross 11 the Jackson Square Chiller & Communication Tower Relocation. The conceptu design is funded in the one -cent infrastructure tax. Item C19 Board granted approval to negotiate a contract with Synalovski Romanik Say LLC (SRS), for the design through construction administration of a new library the City of Marathon. This will be funded by the one -cent infrastructure tax, I Item C20 Board granted approval to advertise a Request for Proposals (RFP) to repleni-_�6- sand on Higgs Beach above the mean high water line. I Item C21 Board granted approval to advertise a Request for Qualifications for a consultant to design the Rowell's Marina site. mz� MfNUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item C22 PUBLIC WORKS — Board granted approval of a resolution to waive M.C.C. section 18-25 (b)(1), which prohibits possession of alcoholic beverages on County property, for the County property known as Rowell's Marina, on July 4, 2015 from 6:00 pm until 10:30 pm for the Key Largo Volunteer Fire Department and Key Largo Volunteer Ambulance Department (KLVFD/KLVAD) Annual Community Independence Day Celebration, contingent -upon (KLVFD/KLVAD) obtaining required certificate of liability insurance, and Public Assembly and alcohol sales and consumption permits prior to the event. RESOLUTION #156-2015 IS INCORPORATED HEREIN BY REFERENCE. Item D I Board granted approval of a resolution to transfer District III, Administrative Resources into District 111, County Allocation in an amount of $238.00 RESOLUTION #150-2015 IS INCORPORATED HEREIN BY REFERENCE. Item HI Board granted approval of refund to Houston Air for fees paid on a permit issued on 4/10/15 in the amount of $50.00. Item H2 Board granted approval of a refund to Skyline Lien Search, Inc. for fees paid on a permit issued on 3/31/2015 in the amount of $50.00. Item'A3 Board granted approval of refund to Christian Cevallos for fees paid on a permit issued on 4/8/15, in the amount of $50.00. Item H4 Board granted approval of reftmd to Wire Nuts Electric of South Fla. For fe paid on a permit issued on 11/26/14, in the amount of $ 10 1. 00. Item H6 Board granted approval of refund to ..... Reef Club for a miscalculation of impact fees paid on a permit issued on 7/29/14 in the amount of $9,947.58. Item 118 Board granted approval of Work Order #14 in the amount of $50,000 under the URS Transportation Planning Continuing Services contract. to L2 Board granted approval of April 8th, 2015 Special Meeting Minutes and May 20th, 2015 Regular Meeting Minutes. Item L3 Board granted approval of Warrants (including payroll) for the month of May, 2015. * Pay -roll Warrants # 79341-79556 * Payroll Vouchers # 3053401-3054880 * W/Comp Warrants # 18275-18402 Page 4 of 19 MINUTES OF THE MONROE COUNTY 130ARD OF COUNTY COMMISSIONERS JUNE 10, 2015 001 - General Fund 2,247,175.39 10 1 - Fine & Forfeiture 244,667.37 102 - Road/Bridges 130,480-78 115 - TDC 435,313,26 116 - TDC 530,635.83 117 - TDC 577,505.00 118 - TDC 76,338.14 119 - TDC 371,081.41 120 - TDC 187,911 .05 121 - TDC 140,402.99 125 - Grant Fund 735,463.59 130 - Impact Fees/Roadways 141 - Fire/Ambulance 595,372.45 144 - Upper Keys Health Care 85192 147 - Unincorporated Service 86,432.22 148 - Planning Building 411,533-71 149 - Municpal Policing - 150 - E911 Enhancement Fund 39,80485 152 - Duck Key Security 5,052.66 153 - Local Housing Assistance 16,336.23 157 - Boating Improvement Fund 70,648-52 158 - Miscellaneous Special Revenue Fund 75,54433 160 - Environmental Restoration 9,031.93 162-1aw Enforcement Trsut-600 25,000.00 163 - Court Facilities 9,071.41 Page 5 of 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 164 - Drug Facilities Fees 3,201.25 168 - Bay Point Wastewater MSTU 219.16 169 - Big Coppitt Wastewater 42.72 170-Key Largo rite titer 185.59 171 - Stock Island Wastewater 1,173.69 172 - Cudioe - Sugarloaf MSTU 175- 692.46 176 - Duck Key MSTU - 180 - Building Funds 149,877.35 207 - 2003 Revenue Bonds - 304 - I Cent Infrastructure 887,138.21 308 - Infrastructure Sales Tax Reveue Bond - 3 10 - Big Cott Wastewater 139.68 311 -Duck Key Wastewater 71 312 -.. CudJoe Regional WW Project 5,678.98 314 - Series 2014 Revenue Bonds 1,862.57 401 - Card Sound Bridge 45,481.36 403 - Marathon Airport 125,060.02 404 - Key West Int'l Airport 543,620.44 406 - PFC & Operating Restrictions 439,930.00 414 MSD Solid Waste 1,367,966.12 501 - Worker's Compensation 224,761.55 502 - Group Insurance Fund 1,862,415.38 503 - Risk Management Fund 1,112,854.70 504 ­ Fleet Management Fund 138,034.51 Page 6 oft MINUTES OF TBE MONROE COUNTY BOARD OF COUNTY COMMISSIONSRS JUNE 10, 2015 1 - Fire/EMS LOSAP Trust Fund 2,205,00 TOTAL SPENT IN MAY, 2015 13,933,937.09 Item L,4 Board granted approval of Tourist Development Council expenses for the month of May, 2015 Item L5 Board granted approval to remove surplus equipment from inventorl Item L6 Board granted approval of FKAA invoices greater than E 1. .System beginningItem L7 Board granted approval of a request for the Clerk to re -allocate $456,963 of the approved FY 15 Clerk's budget specifically to cover State funded shortfall : Sept 30, 2015. i;x related personnel expenses. Item to approval for the 35 h Annual T- ile Bridge Run for Saturday, Aril , 201 0 6:45 A.M. toA.M. Item M3 Board granted approval of Amendment I to the contract with D Thomas Company, Inc., the contractor for removal of organic muck material from Canal #266 and Canal 4290, to authorize the County to mail payments under the contractroup_ under the contract rather than mailing payments directly to the contractor. approvalItem N6 B card granted s NumberCase , Jose and Mirta Gonzalez and Elena Morej on regarding - lot located at 16 Pigeon Drive,o. Item N7 Board - : approval authorizationOffice to negotiate an amended agreement with the independent external auditing firm of Cherry Bekaert, LLP, exercising the option to extend the current Audit Contract by an additional two (2) years; also, Admiagreementnistratorto execute the amendedprovided (4) of the agreement remains unchanged, and otherwise the amended agreement will be returned to the •O' o: Item 11 Board grantedapproval of First Amendment to Agreement between Monroe Countyand Nabors, Giblins & Nickerson, P.A. related to bond validation d related issues. STAFF REPORTS I MINUTE S OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item E I Airports, Director Don De raw No Report Given Item E2 Budget & Finance, Director Tina Boon No Report Given Item E3 Emergency Services, Director Jim Calio Report Given Item E4 Employee Services, Director Teresa Aguilar No Report Given Item E5 Public Works/Engineering, Director Kevin Wilson Report from the Director included the progress on Higgs Beach, McDonald Avenue constructionoroject antici ntij tc) t Mayor Kolhage moved to appoint Commissioner Neugent as the temporary Mayor Pro Tern for today's meeting. Roll Call include members Mayor Neugent, Commissioner Rice and Kolhage. Absent from the meeting were members Clark Snow and Norm Anderson. Fire Chief Jim Callihan addressed the Board. Commissioner Kolhage moved approval of an exception to Section 4,07(B)(1) and 2.03 B (6) to the Personn Policies and Procedures Manual extending the maximum time period for trame from six (6) months to one (I �,-ear, in order to allow MonrQe-�., - A* Fir-e PUs'sc, - to hire up to six (6) Firefighter Trainees enrolled in the Monroe Coun Firefighter Academy for a period of up to one (1) year, in order for the Trainee obtain the minimally required qualifications for the position of Firefighter EMT Firefighter Paramedic. Upon the Trainee obtaining the minimum qualificatio for the position, he/she will be considered to be hired into the vacant budget position as a regular FTE employee (firefighter, FF/ETMT or FF/paramedi depending on his or her qualifications). The motion was seconded b Commissioner Rice. Discussion and recommendations were made in order reduce the large turnover. Ideas were possibly starting a high school program well as scholarship program to promote locals to seek a career in the Fire/EM industry. After discussion, the motion was approved, unanimously. ADJOURNMENT OF FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS wz� MM`TES OF THE MC NROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Its E6 Growth Management, Director Christine Hurley Procedures for bidding on larger derelict vessels costing more than $50,000. Staff is working on a bid since it will be more than policy cap. A separate Resolution was previsoulay issued which allows this to be done separately. Upcoming meeting with the Construction Industry will be held July 20, 2015 from 3:00p — 5,00p in Marathon and Key Largo using Polycom, system. 1here will be four to five new proceduras unveiled for pem-litting developed as a result of FEMA. Once programs are in place staff will be closer in completing audit responses. This is expected by Aug/September. The programs minimum required documents when building in a flood zone related to elevations or flood proofing, calculations required if in a V-Zone. Most of the changes to be recommended is going to fall on Surveyors since they provide the data on flood zones. Item E7 Intergovernmental Affairs, Director Lisa Tennyson Reported to the Board Updated the Board on current progress pertaining to Amendment 1 and other items currently before the Legislature. Item E8 Information Technology, Director Bob Ward Reported to the Board Provides an update of the four wireless park projects (Higgs, Birnstein, Big Pine Community, and Harry Harris) of which antennas have been installed; ready to move forward as soon as service is implemented. Introduces the releasing of a new web application, 'Monroe County Oneview. This application provides information for any particular addre in the county regarding a view of a property's surroundings and it's resources of which are available. It also is accessible through the county's main web site. Item Cl 8 Staff provided an executive summary to the Board, Discussion between Board and staff took place. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to reject the lowest bid response from Drace Construction Corp. and negotiate with second lowest bidder D.L. Porter Constructors, Inc. for the construction of the Key West Lighthouse Renovations. Project Funded by the Tourist Development Council. Mayor made a point of Wz� MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 reminding staff that during the negotiations that the project is "way over" budget and should be addressed. Motion passed unanimously. Item H5 Commissioner Rice addressed staff regarding the potential discrepancy between the amount paid vs the amount of a greater refund than initially paid. Growth Management Director explained the variance and why it looked odd, Once explanation was completed, motion was made by Corninissioner Rice and seconded by Commissioner Murphy to approve the refund to Moon Bay Condominium for Fire fees paid on a permit issued on 12/1/14, in the amount of $24,426.74. Motion passed unanimously. Clerk addressed the Board to thank county attorney staff as well as the staff OMB who assisted the Clerk's office with the Banking R17P. A bank has bee selected and a transition is occurring over the next six to seven weeks. Clerk W-,oard staff are working together to accomplish this task. lem N8 Staff addresses the Board regarding disputes and claims between Metric Engineering, Inc., and Monroe County arising from the CR 905 Bike Lanes Project. Mr. Felix Rodriguez from Metric Engineering also addresses the Board expressing Metric's disagreement documented in the agenda item summary (AIS). Motion was made by Commissioner Neugent to accept staff recommendation to authorize the county attorney to proceed with all dispute resolution mechanisms up to and including litigation and seconded by Commissioner Murphy. Motion passed unanimously. Written report has been attached. County Administrator accepted direction include more illustrations for future. Gastesi sent email to all commissioners 6/9/2015 regarding the organizational changes. He announced and thank Connie Cyr for her service and her last day was today -- 6/10/2015, The coun] is fortunate to have Lindsey Ballard replace her. Other retirements inclu Debbie Frederick and Dent Pierce (these retirements are approximately 85 ye of combined knowledge and $200,000 overall in savings to the county). 1 4&7WXV . - J - - Ivere reslrtmum to Your divisions and about 20 departments. New structure removes the positions of the Deputy Administration and division directors but apoointed Christine Hurley and Kevin Wilson. With the deletion of division directors the department directors (about 22 of them) will report directly to the three Administrative positions. Due to technology, now there can be 15 direct reports to each position. County Administrator encourages members of the public and staff to send him pictures to show what issues in the County may need their attention. MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 ZTtML%,'-VLULLy r1k U13, Vmy ALTE0111uy 7S-0=1cT will be taking over the "Agenda" function and other roles that the Aide was filling prior to Connie Cyr's retirement, In addition, tf alk,am t* -apdzr.-i4R agenda process. It will be located in one location. A presentation is being prepared for the July meeting with the hope that it will be fully implemented by ibe fall. Another topic has been the City of Key West has requested an Attorney Gener Opinion on the use of Land Authority money in order to build a homeless shelt Is there interest from the Board on seeking that opinion. The question is wheth the funds that the Land Authority holds that have been raised in Key West can 'e 7e y s s s w t G s e h h c n e e e I t r t h an used for that purpose? The legislature just approvied a statute that allows them use their funds for construction and not just land acquisition. The follow question would be does that Statute fit within the context of aittholih-ze Discussion took place by each of the Commissioners regarding the topic and I al County Attorney accepted their direction and will plan on providing more at July meeting. County Attorney requested a closed session. In the prior month the County approved staff to intervene in the challenge of Cudjoe Regional Wastewater Treatment plants and the permit challenges. The County is currently in litigation in the matter of Laudicina et al. v. FKAA and Department of Environmental Protection and Monroe County, Florida DOAH Case No. 15-1233. The subject matter of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The persons to be in attendance at this closed meeting will be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorney Cynthia Hall and Derek Howard and a certified court reporter. By law, no other persons are permitted to be present at this meeting. It is estimated the meeting will take approximately thrity minutes. As required by law, the court reporter shall record the times of commencement and termination of the meeting, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking, No portion of the meeting will be "off the record". The court reporter's notes will be fully transcribed, sealed, and then filed with Amy Heavilin, as Clerk, The transcripts shall be made part of the public record upon conclusion of the litigation. Motion was made by Commissioner Carruthers and Seconded by Commissioner Neugent with discussion to hold a closed session at the July 15, 2015 Board MEMMA MINUTES OF THE MONROE COUNTY BOARD OF COY COMMISSIONERS JUNE 10, 2015 meeting at a time approximate of 1:30 prn The majority of the Board agreed it should be heard at the regular July meeting. July 16, 2015 the County Attorney along with the State Attorney is holding the annual required Ethic Training in Marathon. Due to the number of participants, this training will be televised at the other two county locations (Harvey Gov't Center and Murray Nelson). Update on the Galleon Bay Trial --- it was scheduled for August hearing but tha), has been continued to 2016. Discussion and direction regarding the ordinance for fine reductions and enforcement was a second separate question. Commissions pleasure was that if enforcement was to be taken, it should first be brought to the commission for their knowledge and direction. Item ll/Kl Trauma Star Discussions WN, y r IT eco 0 10 ling Conn-ouse of contracting out the function. Budget and Finance Director answered questions from the Board regarding n and wi I g forwari, at Cominissioner Murphy raised concerns and recommended staff to look into the preferred providers and the billings to patients. Commissioner Neugent moved to approve staff recommendation to increase the Trauma Star base rate to $12,000 and $100 per air mile. Staff will bring back a resolution next month. This motion was seconded by Commissioner Carruthers; the motion passed unanimously. Discussion of Trauma Star Fee Waiver Program. Comnussioner Murphy moved approval for the Trauma Star Fee Waiver Program to expand the waiver program to all Monroe County property owners, This was seconded by Commissioner Rice and unanimously approved by the Board. Item N3 Discussion and direction on revising the Monroe County Code and Purchasing Policy as it relates to the purchase of certain insurance policies or coverages. Commissioner Murphy moved approval to hold a Public Hearing to consider an ordinance amending Section 2-347(e)(5) of the Monroe County Code to provide WBZI+� MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 coverages; ana Tor Me approval ot the revised Purchasing Policies and Procedures Manual. This was seconded by Commissioner Rice and the motion was unamimously approved. Item N5 Steve Williams, Assistant County Attorney made a verbal presentation of settlement offer in Monroe County v. Rudolph Holdings, LTD, 15-CA- I 07-M. Today's discussion is a result of the April 26, 2015 suit filed on an existing code matter. After Board's approval to initiate litigation, the defendant contacted us on april 29, 2015 and paid the outstanding amounts due, In the future, staff will put the items for approval as a Bulk Item but wanted to share with the Commissioners today the results of this particular case as the example of approval and direction from April. Motion to approve was made by Commissioner Murphy with a second by Commissioner Carruthers. Motion passed with no objections. Item N9 Commissioner Murphy moved approval and seconded by Commissioner Rice advertise a public hearing to consider an ordinance authorizing the Co Compliance Special Magistrate to hear all requests for reductions in co compliance liens and act on the Board's behalf in considering such liens. Moti passed unanimously. I WASTEWATER ISSUES Item I I After item was called the County Attorney advised the Commissioners that le were left in the back of the room in envelopes regarding this agenda item. Due the unusual circumstances and outside the routine policy, direction by the Bo was requested on how to handle these correspondence. Board unanimous agreed that the letters will be provided to the Clerk for the official record but th would not be read at the meeting. (Said letter is incorporated herein reference) I Director Kevin Wilson provided the executive summary to the Board for this agenda item followed by seven Public Speakers (Bill Hunter, Deb Curlee for Last Stand, Hallett Douville, Kathy Brown on behalf of No Name Key POA, Michael Press, Anne M. Press, and Beth Ramsay-Vickrey). Board had direction and discussion with county staff, Commissioner Rice moved approval with a second by Commissioner Murphy to approve the expansion of CudJoe Regional Wastewater system to include 42 properties on No Name Key and 57 properties on Middle and Big Torch Keys plus 35 additional properties whose cost of service is comparable. Additional funds coniing: from infrastructure Sales tax and property assessments. Motion passed unanimously. WEMEM MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item J4 Commissioner Murphy moved approval with a second by Cormussioner Rice approve the adoption of the East/West Long Key and No Name Key a Middle/Big Key and Expanded parcels within Cudjoe Regional Wastewat service area Wastewater Assessment Program Initial Assessment Resoluti describing the method of assessments for the wastewater service areas as adopt by the BOCC on March 18th, item C37, for the East and West sides of Long K and on June 1 Oth, for No Name Key, Middle Torch and Big Torch and expanded parcels of Cudjoc Regional Wastewater service area which includes new parcels. Motion passed unanimously. I RESOLUTION #157-2015 IS INCORPORATED HEREIN BY REFERENCE Item J2 Board was addressed by Director Kevin Wilson. Commissioner Murphy moved the item to be amended that specifically removes the last paragraph of the policy presented in the agenda backup for providing subsidy for installation of grinder stations on CRWS properties who provide easements to FKAA between I July 2015 and 29 February 2016; seconded by Commissioner Carrathurs. Motion passed unanimously as amended. (Said letter is incorporated herein hy reference) Item J3 Director Kevin Wilson addressed the Board regarding the possible approval of a policy for collection of individual assessments for residential properties that were not developed and, therefore, not included in the assessment program. fhere was one public speaker who addressed the Board (Jorge Ramos). After discussion between the Board and staff, Commissioner Murphy moved to DI&4PPROVE the proposed policy which was seconded by Mayor Kolhage. A Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers YES Commissioner Murphy YES Commissioner Neugent NO Commissioner Rice YES Mayor Kolhage YES Motion carried. Item N2 County Attorney, Bob Shillinger addressed the Board regarding the histo behind this agenda item. Mr. Collins was the County Attorney from 2003-20 and he successfully started the internship program within Monroe County. first two interns were Bart Smith and Diane Dick and there have been sever others over the years. This year the County has received some grant money th will assist interns with living expenses. The proprosed resolution which recommended to be named after him will help honor him and continue his legae Page 14 of 19 1 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUKE 10, 2015 The current year intern for the County is Dustin Werling a law student studying at Florida A&M University and he is also a Key West High School graduate (his mother is Denise), Four members of the public addressed the Board (Shawn Smith, Sharon Hamilton, Judge Ptomey and John Dick). Commissioner Murphy moved to approve a resolution establishing the "John Richard Collins Legal Scholar Program" within the county Attorneys Office with a second by Commissioner Neugent. Mayor requested the Clerk to take a Roll Call vote; results were as follows: Commissioner Carruthers YES Commissioner Murphy YES Commissioner Neu gent YES Commissioner Rice YES Mayor Kolhage YES RESOLUTION #152-2015 IS INCORPORATED HEREIN 13Y REFERENCE Item K2 Board was addressed by three members of the public (Bill Hunter, Deb Curice representing Last Stand). The third member of the public was Michael Welber representing the Florida Keys Rising Tide; however, he had left the meeting; therefore the Mayor approved his written statement to become part of the public record. (Said letter is incorporated herein by reference) Commissioner Carruthers placed this item on the agenda and shared her concerns that the State is placing on our local government and the necessity of the proposed resolution. Discussion, comments and concerns were shared by the members of the Board. Commissioner Carruthers moved approval of a resolution supporting a ban on the use of hydraulic fracturing, acid fracturing, and similar well stimulati processes and treatments performed for the purpose of exploration I I production of energy resources, also known as "tracking, in the State Florida or in the Florida Keys or any area that would impact the war supply or watersheds of the Florida Keys. The motion was seconded bi Commissioner Murphy; motion approved -unanimously. Item 01 A public hearing to consider an Ordinance amending Chapter 25 of the Monroo County Code relating to Non -Consensual Towing Services. MfNUTES OF THE MONROE COUNTY BOARD OF COUNTY COMNUSSIONERS JUNE 10, 2015 Commissioner Rice moved approval of the Ordinance and the motion was seconded by Commissioner Neugent. A Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers YES Commissioner Murphy YES Commissioner Neugent YES Commissioner Rice YES Mayor Kolhage YEI S Motion carried, Item 02 Commissioner Murphy moved approval seconded by Commissioner Nougent to approve a RESOLUTION authorizing a special permit allowing a temporary construction staging area and a temporary setback variance at property located along Avenue 1, Big Pine Key (Real Estate #00110940.000000), related to a canal restoration project (Canal #290). (Continued from May 20, 2015 BOCC). Motion passed unanimously. RESOLUTION 4153-2015 IS INCORPORATED HEREIN BY REFERENCE Item 03 Commissioner Neugent moved to approve a RESOLUTION authorizing a special permit allowing a temporary construction staging area and a temporary setback variance at property located along Avenue 1, Big Pine Key (Real Estate #00110960.0000000), related to a canal restoration project (Canal 9290). (Continued from May 20, 2015 BOCC). Motion was seconded by Commissioner Carruthers; motion passed unanimously. RESOLUTION #154-2015 IS INCORPORATED HEREIN BY REFERENCE Item 04 Conunissioner Murphy moved approval of a resolution seconded by Commissioner Neugent for a second amendment to a Development Agreement between Monroe County, Florida; Surnmerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors LLC, Stock Island Holdings, LLC and Oceanside Investors, LLC, (Quasi -Judicial proceeding). Motion passed unanimously. RESOLUTION 4158-2015 IS REFERENCE w3m�� MINUTES OFTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item 05 Commissioner Neugent moved to adopt a RESOLUTION approving Development Agreement, pursuant to Chapter 163.3220 F.S., between Monr County, Florida; Roger Bernstein, as Trustee of the Benjamin Bernstein Trust and Safe Harbor Seafood (as successor in interest to Joseph R. Rackman Jeffrey W, Bolotin, as Trustees of the Island Trust Agreement dated March 1 1989) agreeing to a conceptual plan to redevelop property located at 5700 Fo Avenue, 5550 Fifth. Avenue and 6500 Front Street on Stock Island, (Statutori Required Public Hearing). I The motion was seconded by Commissioner Rice with discussion requested. Staff addressed the Board and provided background and historical information on the Board's previous concerns. A Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers YES Commissioner Murphy NO Commissioner Neugent YES Commissioner Rice YES Mayor Kolhage YES Mr. Peter Batty representing Fisherman addressed the Board as a public speaker. RESOLUTION #155-2015 IS INCORPORATED HEREIN BY REFERENCE Item 06 The Board discussed this item and a recommendation was made to appoint a 14th member of the public to the committee who has a non -vested financial interest in Work Force Housing. ..... . . . . . . . . . . . I me Tviomanie mousing 77visoryy 7 to include a 10' member of the public to the committee who has a non -vested financial interest in Work Force Housing. The motion was seconded by Commissioner Rice and it was unanimously approved by the Board. ORDINANCE #014-2015 IS INCORPORATED HEREIN BY REFERENCE Special Action Commissioner Murphy moved to open the Agenda to add item M7 to the agenda which would appoint the 14"' member to the Work Force Housing Committee. The motion was seconded by Commissioner Carruthers with unanimous Board consent. Agenda Item M7 was added. 19MIUM MINUTES OF THE MONROE COUN'FY 130ARD OF COUNTY COMMISSIONERS JUNE 10, 2015 Item 07 Commissoner Rice made a motion seconded by Commissioner Murphy to continue until the September, 2015 BOCC agenda a public hearing to consider a resolution 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 Low (RL) to Commercial (COMM), for property located at 95710 Overseas Highway, MM96, Key Largo, described as a parcel of land located in government lot 3, Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 00088350.000000. (Legislative Proceeding). Unanimous Board approval. Item H7 Coluoussioner Rice moved to approve a Resolution amending Resolution 403- 2013 reserving I additional affordable ROGO allocation (1 moderate affordable unit) for Stock Island Holdings, LLC, for property at 5350 3rd Avenue, Stock Island, Florida; for a total of 47 allocations in accordance with the development agreement between Oceanside Investors, LLC, Surnmerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landings, LI.C, Stock Island Holdings, LLC, and Singh Investors, LLC. This is a companion item to Development Agreement Second Amendment which is the subject of Public Hearing Item 0-3 at this meeting. Motion was seconded by Commissioner Murphy with unanimous consent of the Board. FE' SOLUTION #151-2015 IS INCORPORATED HEREIN BY REFERENCE Item M4 Director Christine Hurley addressed the Board with recommended changes and amendments for completing the staffing needs for the Affordable Housing Advisory Committee. Mr. Bob Jones was recommended as the facilitator, Commissioner Carruthers Aide, Carol Schreck would be appointed as the administrative support to the committee with an anticipation for temporary assignment pay per County policy with Mayte and Emily as the other County staff members. Discussion took place among the Board members. Commissioner Murphy moved to approve staff recommendations with a second by Commissioner Carruthers. A Roll Call vote was taken by the Clerk with the following results Commissioner Carruthers YES Commissioner Murphy YES Conumssioner Neugent NO Commissioner Rice YES Mayor Kolhage YES 23�� MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JUKE 10, 2015 Mayor voiced concerns regarding the County's Resolution Created for the additional duties of the Affordable Housing Advisory Committee (TRE's, ROGO's, minor conditional use, deed restrictions). Director Hurley volunteered to bring back to the July meeting a resolution addressing the Board's concerns. Item M5 Commissioner Carruthers moved to approve the appointment of Ed Davidson from the Monroe County School Board to the Affordable Housing Committee. The motion was seconded by Commissioner Rice, Motion passed unanimously. Item M6 Commissioner Murphy moved to approve the appointment of Jodi Weinhofer from the Lodging Industry to the Affordable Housing Committee. Motion was seconded by Commissioner Rice with unanimous Board approval. Item M7 Motion was made by Commissioner Carrathurs and seconded by Commissioner Rice to approve the appointment of Bill Hunter as the public sector representative who has no direct financial interest to the Affordable Housing Committee. Board approved unanimously. Item NIO County Attonney updated the Board on the Medical Examiner concerns discussed at the May, 2015 BOCC meeting, County Attorney and the Administrator met with the Medical Examiner this past Monday, June 8, 2015 and it was very productive. Vendors have been paid. Not much more to report until the Clerk's Audit is released. Commissioner Murphy thanked the County Attorney and the Administrator on how the meeting were conducted. ADJOURNED. 1arff--5T-UUUn—TUomm!ssi5ners was Zy 114eavili CPA %-Vullty, Board of County Commissioners By: Cheryl Robertson Executive Aide/Deputy Clerk 28283M Wednesday, June 10, 2015 Page 4 C22 PUBLIC WORKS - Approval of a resolution to waive M.C.C. section 1 - 5(b)(l), which prohibits possession of alcoholic beverages on County property, for the County property know s o ell's Marine, on July 4, 2015 from . pare. until 10:30 p.m., for the Key Largo Volunteer Fire Department and Key Largo Volunteer Ambulance Department FI3 ,L, I j Annual Community Independence Day Celebration, contingent upon (KL F KL, ) obtaining required certificate of liability insurance, and Public Assembly and alcohol sales and consumption permits prior to the event. Page 6 K2I Epp oresolution sop ors tli of hydrtlie nee id s' sr ll m mop s and t is for the p ose of e plcration or prod tior f r� r o es kno �� r in the State of Floridaor in the Florida Keys or any area that would impact the water supply or watersheds of the Florida Keys. Page 7 L,7 CLERK OF vial approval of a request for the Clerk to all ate $456,963 of the approved FYI 5 Clerk's budget specifically to cover State funded shartiall beginninge I, 2015 thru Sept 30, 2015. The funds will be used for Court -related personnel expenses. Page 8 NI COUNTY ATTORNEY- Approval of First Amendment to Agreement between Monroe County and Nabors, Giblins Nickerson, Pena (NON) related to bond validation and related issues. ARLETTONS Page 3 C16 PUBLIC WORKS - Approval of a task order with WilhansA Horn P.A. for the watery conservation studies at the Monroe County Sheriffs Office Detention Center and Headquarter Building on Stock Island. is project is needed by the one -cent inflastructure Page 8 N4COUNTY TT II F - Request of the property owner, Ocean Pointe Commons Association, iatia n, Inns to expand cNisting recreational facilities in exchange for a Conservation Easement to be imposed on two parcels of lard, 500 Burton Drive, e, Key Largo, On Ifif P eWF (Back-up now included vat o various resolutions for the transfer of funds and resolutions for the reompt ofunanticipated, e Page 3 C& PUBLIC WORKS - (Correct back-up is now included) - Approval for Solid Waste Management gftff to reduce tipping fees for disposal of illegal fishing gear that remains in the water illegally during closed smon. Page 3 CIS PROJECT MANAGEMENT - (Time approximate of 9:45 A.M.) - Approval to reject lowest bid response from brace Construction Corp. and negotiate with second lowest bidder D,L. Porter Constructors, Inc. for the construction of the Key West Lighthouse Renovations, Project Funded by the Tourist Development Council. Page 6 J3 WASTEWATER - (Back-up now included) - Discussion, direction and possible approval of a policy for collection of individual assessments for residential properties that were not developed and, therefore, not included in tits assessment program. Page 7 L3 CLERK OF COURTS - (Back-up now included) - Approval of Warrants (including payroll) for the man& of May, 2015. Page 7 M5 COUNTY ADNININISTRATOR (Come Added of select appointment) - Approval to appoint Ed Davidson from the oamc County School Board to the Affirthib—le—H6oving Committee, Page 7 N46 COUNTY ADMNINISTRATOE - (Crew Added of select appointment) - Approval to appoint Jodi Weinhofer from the Lodging Industry to the Affordable Flous—in—ic—ommittee. page 8 N9 COUNTY ATTORNEY - (Revised Back-up: Ordinance Revised) Discamdon and approval to advertise a public hearing to consider an ordhm= authosizing the Code Compliance Special Magistrate to hear all requests for reductions in code compliance liens and act on the Board's behalf in considering such Hem. 0 Whether you thinkit's unfair for the legislature to cons helping r li i l the chemicals u you'reWhether rrred that fracking increases likelihood f �� earthquakes. Whether Floridayou're'concerned that the South r l District icy i I ll r whether you worryincreased it pollution i Southwest Florida r not. shouldYou r r The Aqueduct Authority currently l allotment 17 milliongallons f water a day fromits plant in FloridaCity. In 1 r during touristFKAA has to augment that i r from its highnor gy usage desalination plant, also in l ri City. More touristsr well, tracking uses an enormousr. Millions of gallons r are pumped into the groundi chemicals, � 1 r rein is cocktail newspaperc. headlines saidthe EPA worried but if you read their actual report you'll see that they admit that the chemicalsa r r the r isn't widespread. i r m Right. Presiding Officer: A Member of the Appellate Review body shall be designated as presiding officer. The presiding officer shall determine,the order of the procedure during the review, make all rulings, and maintain decorum. F. Nature of Proceedings: The proceedings by the Appellate Review Body shall be in the nature of an appellate review based upon the record of the hearing before the Hearing Committee, the Hearing Committee's decision, and all other documentation considered by the Hearing Committee. The Body shad also consider the written statements, and oral statements If submitted pursuant to SECTIONS S.G and S.H. G. Written Statements: Provided he has made timely request pursuant to'Sedion 5 A, the Practitioner or AHP may submit a written statement detailing the factual and procedural' matters with which he disagrees, and the reasons for such disagreement. This written statement may cover any matters raised at any step in the hearing process, The statement shall be submitted to the Appellate Review Body through the CEO at least ten (10) days prior to the scheduled date of the appellate review, A written statement in reply may be submitted to the Appellate Review Body by the Executive Committee, or by the Advisory Board, whichever is appropriate, and if submitted, the CEO shall provide dooppemereof to the staff member at least five (5) days prior to the scheduled date'of the appellate review. H. Oral Statement. If requested by the Practitioner or AHP, or by thep Appellate Review body, the Practitioner or AHP may personally appear at the review proceeding and speak in favor of his position. If the Practitioner or AHP appears he shall be required to answer questions put to him by any member of the Appellate Review Body. A representative from the MEG, or the Advisory Board, whichever is appropriate, may also appear and argue in support of its position, 1. Final Decision by Appeal Review: The Appellate Review Body shall, within fifteen (15) days after the adjourned date of the appellate review, either make a written report recommending that the Advisory Board affirm, modify or reverse the prior decision, or refer the matter back to the MEG for further review and recommendation. Such referral may include a request that the MEG arrange for a further hearing to resolve disputed issues. Within fifteen (15) days after receipt of such recommendation after referral, the Appellate Body shall make its recommendation to the Advisory Board. :,K7 J. Release From Liability. By requesting a hear big -or appellate review under Article tail of these articles, a Practitioner or AHP agrees to release from any liability all members of the Medical Staff, the Advisory Board, and the President and CEO, and any person who provided evidence or testimony. SECTION S. FINAL DECISION BY ADVISORY BOARD Within twenty (20) days after receipt of the Appellate Review Body's recommendation, the Advisory Board shall make its final decision in the matter and will send notice thereof to the MEC and, through the CEO, to the affected member, by certified mail, . . . . . . ... ....... ..................... .............................. ...................... ........ .... ............. .... . ....... .... ....... ................. 35 Medical Staff Bylaws K,2- M Wel ", -, SECTION 7. RIGHT OF PiPIEDICAL AND ALL MED HEALTH PROFESSIONAL MhoTa OU - 1EM8511ST REVIEv';!' A. Medical Staff members and AHP shall be entitled to the rights and privileges of hearing and appellate review procedure as provided in this Article of these Bylaws. 6, A member shall be entitled to only one hearing and one appellate review prior to rendering of the final determination. SECTION S.REPORI'ABLE ACTIONS The Hospital will make reports to federal, state and accrediting agencies as mandated by law and applicable regulation. Such reporting will include but is not necessarily limited to the State Medical Board and the National Practitioners Data Bank, ARTICLE VIII ELECTED OFFICERS OF THE MEDICAL STAFF SECTION I. OFFICER&zOF THE MEDICAL STAFF The officers of the Medical Staff shall be the Chief of Staff, Vice Chief of Staff, and Secretary, SECTION 2. QUALIFICATIONS Officers shall be members of the Active Staff in good standing at the time of nomination and election and shall remain in good standing during their terms of office. SECTION 3. NOMINATION OF OFFICERS A. The Nominating Committee shall be assigned by the Chief of Staff a* (60) days before the intended election date, and shall report their recommendations to the MEC for dissemination to the entire Medical Staff at least 30 days before the election. B. The Nominating Committee shall prepare a list of one or more nominees for the offices of Chief of Staff, Vice Chief of Staff, and Secretary. C. Nominations may be made from the floor at the thrie, of the Business meeting, in writing and/or voice. D. Only Members of the Active Staff in good standing may be nominated archer serve in such capacity. SECTION 4, ELECTION OF OFFICERS A. Officers shall be elected at the annual meeting of the Medical Staff, in December. Only members of the Active Staff present at the meeting or by absentee ballot, which shall be in the Medical Staff Office within one (1) week prior to the meeting, shall be eligible to vote. K The official ballot shall specify which nominees are offered by the Nominating Committee and by petition. Voting shall be by secret ballot and officers shall be elected for one rtorCnea 36 Medical Staff Bylaws a 04 Ime) bCA According 1 1William in the Sun Sentinel1 last year it's likely rat i and from it and gas wastesalready Miami r system. A mixf hydrocarbons brines is brought regularly to for "pre- treatment," ," beforel i a s sewer m l stormand if you aren't worried in our backyard you should be concerned about the r supply for the If the i r It water intrusion is morelikely. if sea level rises, 1 f r intrusion is morelikely. if our primaryr supply 1 ruined by an idiotic r for ever more oil,it' e over r the Keys, 1 urge you to l this resolution of also if the statef Florida know that we don't wantfrackingIn Florida. rm Blue (1:1,-cil P461/c 4eakxiq 1- PcH 1 F Rig Rine Key, FL 33043 June 10, 201 Board of County Commissioners, Monroe County, Ft Rea June 1, 2015 BOCC Agenda item 11 This is written as a concerned resident of the Cudjde Regions I aste rater System (CR ) service area. The June I& 3OCC meeting Agenda item "J1ft proposes to extend an already overextended sewer system to collect wastewater from homes that In some cases have no commercial electricity and net FKAA water. That Is Irresponsible at best and here is why, The treatment plant on Cudjoe Key does not have sufficient capacity to treat the total of expected daily flows from iiiHn pe its. To add additional properties is a violation of 2- m4 F.A.C. and increases the rear certainty that the plant will be unable to adequately treat the IncornIn a ateer. The DEp expressed In writing that they doubted that the plant was capable of adequately treating more than 0.84 m d (million gallons per day) based on their experience and the sizing of the treatment tanks in Whine. Current collection system pertnits, tots 11,301,537 average gallons per day or 1.3 mgd. Correcting for what appears to be an obvious engineer's blunder on the Sumnearland permit, the average daily flow currently expected and permitted reduces to 1.07 mg . See notes 1 and 2 for additional concerns abet Inadequate capacity- not only of the plant but of the entire collection system. B. If a property does not have commercial power connected, It Is highly unlikely that their alternative power system will be able to handle the very high startingcurrent of an E-One grinder pump, or any grinder pump for that matter. Published misinformation, reportedly from FKAA, has supposedly addressed this concern by saying that a 120 volt pump will be used Instead of the 240 volt pump typically used at they did not say was that the power consumption and horsepower Is the saute for both pumps, So a 120 volt pump must drams tiSice the current of 240 volt pump to produce the same one horsepower (in a perfect world where losses are Identical). That represents an intolerable load for most alternative energy sources. See Note 4 for additional con C. When one Is getting all their water from a cistern conservation is normally Imperative, Consequently, wastewater generation Is leer than might be expected elsewhere, and likewise the potential for nutrient loading is also reduced. FKAA uses an unreasonably high {punitive?) flat suer rate for ern properties (5,300 g is/mo or 174 Red per FKAA Rules 49-2079 7) since the water is not metered. In other words, they bill for water that Is not likely used and not likely treated. Hence, their eagerness to connect these properties to central suer treatment Is FKAA about public service and environmental protection or about maximizing profit like Dow or Monsanto? The current edition of the Florida Water Resources Journal includes an engineering report from Hazen and Sawyer Engineering In Tampa where they accomplished RMVT by simply adding a blo-filter to a conventional septic tank. There Is no need for expensive, energy Intensive solutions. So far as the power situation is concerned, the solution is simple: put the grinder pump in the public right of way or in the preexisting road and utility easement where they should be. Let FKAP power them just as they power pumping equipment for every house on conventional gravity or vacuum sewer collection. If there Is no commercial power in the vicinity, their solution wilf be interesting. Lets see how many solar cells and batteries It takes to maintain sewer service through stormy weathers There are better ways to accomplish nutrient reduction. Motably, none of them require increasing the sales of E-ore grinder pumps. I strongly recommend that you do not approve further over extension of the Sincerely, John Prosser 1. The plant was permitted at 0.84 m d average daily flow based on a draft technical report. Two days after the permit application was submitted, the final technical report was issued by the consulting engineers that said to expect 1.06 regal, but the DEP was riot Informed by FKAA of the final numbers. This was before the addition of numerous "warm and cold spent" to the already overloaded plant and design changes that are likely to Increase infiltration. 2. The permits assumed daily water use for most residences at much lower then the 167 gpd for one EDU. In northern Little torch, the permit assumed only 92 find for mobile homes. If the system Is designed to handle less than I EDU per home, then why Is every dwelling unit paying for a full EDU? If the character of a neighborhood changes to one of higher use and the system is designed around an unreasonably low use assumption, then where does the extra sewage go that was not accommodated in the original design? Also, the permits assumed that all of the inner Islands use 40% of metered water for outside use such as irrigation and car washing, which is ridiculous, and that overall about 30% of all CRYNA water goes to irrigation which Is equally a The technical memorandum that calculated expected flew from each island used commercial E U values that are in some cases obviously incorrect, For example, one does not need to live here to know that I Eft for a bar and grill Is unreasonable. That Is especially true for a very busy bar and grill such as this particular one, e A capacitor start Motor such as E ned may be expected to draw 4 to 5 tires normal running current at start -tip. It may draw more if it was In the middle of chopping something up when it last stopped. "locked-rcoorw current draw of a 240 volt E-one grinder Is 30A amps.) P umping clean water against light resistance, the E- ne draws about 6 amps running on 240 volts. Hence the requirement for a 30 amp 240 volt circuit. That Is a brutal sure for an inverter that might be providing normal household current from a solar or wind charged battery bank. At 120 volts, the current draw and power surge Is roughly doubled. unlike with a conventional centrifugal grinder pump where power consumption daps when unable to pump, the positive displacement E- ne Just tries harder- Increasing bath pressure and current draw. If resistance to pumping is excessive, the motor overheate and trips an Internal thermal overload switch, The switch automatically resew At 175 psi, the thermal overload switches off and on about every 3 seconds, and the repeated peer surges may be expected to destroy a solid state power Inverter. A grinder pump Is simply not suitable for a typical alternative power supply, Where the property is remote, the pump has further to push the wastewater and more power Is required, t-h! kcenl em j 7 and Of yaufflo'Commissismare, Monroe. County, FL Re., Junlef 10, 2015 BOCC Agenda item J2 OEM= Box 430932 819 Pine Key, FL, 33043 June 10, 2015 This Is written as a concerned resident of the Curgoe Regloreal Wastewater System (cRwS) service area, gh' Property Is notslated for a grinder pump, thanks to a sensible SOCC vote on the first round of conversions to gravity, I have a win -win solution to recommend that will save the County construction money, save FKAA field Personnel from potentia I harm, and, relieve the County from some Pending inverse condemnation lIRdctmo that is already In the works, It Is my firm belief that noboov should have to art burden of an unwanted grinder pump in their Yard. I have seen single women In tears describing how they were Intimildated, builled, and threatened before very reluctantly signing over an easement onto their property. They felt Violated and feel like the easement represents future violations of their peace and security on their own Property, Then there are those an very limited fixed Incomes In older homes that do not have adequate power service (even at the meter can) to run both their house and a new circuit for a grinder pump. The circuit required is as big as one for a central air conditioner. Quotes for the upgrade to their electrical service are running about $4,000-simptyto power unwanted County- machinery In their yard. This is simply a transfer of sewer system construction cost Onto Just grinder Pump area homeowners. They were already assessed for centralwatern construction cost, so this amounts to unequal taxation for the same supposed beneflt, I am not a lawyer, but based On my college courses loan ain Contract Law and Real Property Law, any contract obtained under duress may be rendered Invallsgo . And so It should be, In most cases, easements to FKPA for grinder Pumps have not beenifiven Willingly. They have been surrendered under duress and are therefore love lid. Based on my college courses in Survey and Boundary Low and De Seri phone, I bel sern for the Installation of County machinery should rightfully bet theleva' that any As ent County rather than to a contractor for the County, which is all the FKAw really is. County machinery an private property without an easement to 1hL9qd_r& would be an encroachment. Such An encroachment might defeat a mordidge application. 62-604mo and 62-604.300(5)0) FAC require that In any alternative sewer systern, the entire system, specifically including the pumps that are beyond a propertYs building sewer (the toy sewer pipe from the house) must be owned and maintained by a single entity. In the case of grinder pumps in the CRkpS, that means the pump station in its entirety, the controls, and the pipes & pumps all the way to the treatment plant must be owned' the County, The County may the contract (by Inter -local agreement for example) to all the FKAA or other entity to maintain and operate the Infrastructure_U the grinder Pump station or other Infrastructure (like 8 lift station or vacu. um Pump station) Is on private Propeft then that single owning entity Must have an easement. That's the County that needs an easement, not their hired help. See Note 2 for a quotation from the Florida apheirflatiotwe Code So if an easement Is not surrendered, forcing the property owner to buy, Install and maintain a pump station Is not a legal option. They do not have service available until a gravity connection Is placed at their property fine. if that gravity connection Is to a gravity sewer, a vacuum ^ or a grinder pit does not matter at all, W It is the QDRY-a responsibility to provide the jqqggSj;gsMMff sSS= Including the Rural> and power supply. In testimony to the DOM Administrative War Judge Cathy Sellers in the hearings of September a nd October of 2014 for Dump the PumM Inc. as FKAA and FDEP, the PDEP stated that the CRVV5 a collection system met the definition of an alternative system and therefore, by their interpretation, nothing In the collection system needed to meet the minimum requirements of Ten States Standards (embodied in the text 'Recommended Standards for Wastewater Foci ftles). That was FDEP's use to all the permits to stand in softe of the seriously substandard design, that exemption from Ten States Standards Includes the grinder pumps. The DEP has thus removed the excuse that FKAA used for Putting grinders on private property, A residential grinder pit can now go In the public right of way or existing utility easement. They are generally cheaper to Install there anyway, Why? six manufacturer agrees, A pricing analysis Is detailed below In Note I with some examples. There are extreme advantages of having the grinder pump in the right of way: A. No need to extort an easement from unwilling property owners I S. No arguments about how much it costs to run the grinder pump. C, No need for service personnel to enter private property. (picture a fenced and gated property and the difficulty that presents) D. No added risk to service personnel who might be attacked by a protective doh ape or owner. E. No risk of letting a pet out of a fenced area. {digs In heat can be very challenging to contain) f. No risk of in shot at night by a frightened homeowner who does not know an emergency Pcoser-off was needed to facilitate a repair that Is blowing raw sewage high into the a It. G. Unrestricted access day or night. (no entry difficulties, no need of a courtesy alert of residents) H. Annoying alarm can be silenced by any neighbor or service person without Intruding on property. I. Fewer pumps to maintain and. fewer pitsto pumpdown during a power outage. 1 Faster pump outs due to better access, and access that is immediate, K Less likelihood of seized pumps during periods of low residencysin ce a neighbor might be using the same grinder. L. Less chance of explosive gao'bulid-up from hydrogen sulfide gas leakage past check valve Into an inactive pit os. Less vulnerable to damage with its low profile and traffic rated cover. .N. Less of a liability hazard than If In someone's yard. (picture the standard plastic caviar that has become brittle and a kid lumping on it a Vent can be brought up near a stub Pole at control box as full 2' with gooseneck above flood. froushuern style Wager vent, has many all holes that are inviting to leaf-cupors & mud daubers) P. Flow in a pipe that needs to be Isolated for repair can be stopped safely by turning off pumps upstream of a valve. This Is far easier with readily accessible and fewer Pumps, as when they are shared in the right of way. (Operating an C-one pump against a blockage or dosed valve creates dampirous'prescures that according to E-one's service manual may result In property damage or personal Injury. I have testimonials to those dangers.) Cl, Activation of security alarms or home video surveillance alerts is avidded- R. Avoids the current III will and continuing aramosity from those who have had property value reduced, privacy reduced, reduced feelings of security and safetyan their own prop", and the continuing reminder with every bill and every service visit and every alarm that sounds. S. Enables completion of the system now, rather than waiting for Individual installations. T. Facilitates connection by property owners And keeps their installation cost -to a minimum. U. Allows for a property owner's contractor to operate a trencher without a fragile grinder pit In the way. V. Less liability for damages caused by the equipment, (for example, a bufor lida seat can cause corrosive gesses from the Pit to enter and destroy an electrical service panel. Or cause a fire.) W. any mortgages deny the right of the mortgagee to grant an easement. X Avoids the coast of inverse condemnation litigation for property takings vAthout just compensation. Y. Avoids the need to POY just compensation for the taking of Property for the Installation of Counts infrastructure, Z, In the right of way is the nl le and eeitablel to lionwithout a willingly given or equitably purchased easement. (Someone far off the road may be happy to provide an easement and power, but most feel robbed. Because they rgibe been robbed.) FKAA and County engineering staff have not been giving good advice to the BOCC, They have accepted and promoted a sewer system design that Is fatally ftawed In several aspects Instead of demanding a -design that at least met minimum design starepirds. As Jon Igiphart, DEPs Director of District Management, was quoted as saying about the CRINS collection system at the recent Water Quality conference In Marathon. 'Actually, we don't know if its going to we& go kind of a big experiment." Highly competent engineers and a worldrenowned doctorate expert In Pumping systems have opined that If It works at ail, It will fall dramatically in the not distant future. The CRVVS is not a system worthy of pride, and its Implementation by FKAA Is beyond shameful. It Is a salvageable system, but It needs modifications by a competent engineer without an Irrational alnce to E-One, Codifying FKAA's proposed punitive measures Intended to force compliance with their will would further implicate the County in what most people consider extortion. Having read the legal definition, I believe they are correct and I would recommend that you investigate for yourself rather than depending on the advice of County or FKAA staff, But the best route Is to resolve to put the grinder pumps in the public right of way. That Is the only equitable and honorable thing to do. Attached are photos of shared grinder pit mate 'Hatf ns y the City f Marathon In the DOT right f y on Grassy Key, and photos f power drops for pipeline cathodic protection as installed throughout the Keys and every In downtown Key West. It is not parapIkated, obtrusive, or expensive-. especially if mountedon an existing poled I strongly recommend end that you resolve to place unwelcome grinder pump stations in the right of way. Sincerely, John xProsser date I. - The Outer islands contract Schedule of values is In violation of 3 F funding requirements of 51 3 FAD because it does not show unit prices, but from change order pricing we know that the unit prid ng is similar to the Inner Islands and usually cheaper. Using the Inner Islands c s unit prfcfn& the Original cost to Install a grinder plt complete, was $9,000. A generator connection and monitoring rin system added about $360, but rter-directip r ha gyred almost SAgo, so we will just use $9,000 for this estimate. What Is needed new Is a tra lc rated cover and a power drop, The traffic cover from E-one was reportedly quoted at $1,500, which Is ridiculous. A complete concrete manhole 8 l'n diameter and a, deep Is $3,200 complete with fiarne and cover and protective liner and would provide greater reserve capacity. The plastic grinder pit costs van ut $1 alone and AllI not last shout 15 years Instead of 100 years like a concrete manhole, so Ids assume $3200 for a concrete manhole and call the complete grinder pit in manhole, ready for trr at $10,700. To connect each home to the grinder pit is $1200 single or $1500 double for the lateral Plus $ Moot for camera Inspection to maw certain It was Installed Property. Legally. a gravity sewer lateral can be tip t 1 In length, or longer If there are clean -outs no more than ISO apart. In fairness to the contrapper, especially long laterals should earn him more, but It Is just a shallow 1 PAC pipe extension,riot a deep dig at a sewer mint and with the dears -out assembly ffitings and box that is all Included in the $1200 single/$1500 double lateral price. Most laterals would be short, but a long one might save an extra grinder pit. The average lateral length Is probably about Sly, but we will Say 4V at $ for video Inspection adds $240 to the lateral prices, which become $1,440 or $1,740 fora double lateral that serves two adjacent properties with building sewers near the shared lot lime. power drop might be negotiated with KEYS energy at a flat monthly rate with no meter- like a private street light. But if a meter Is required, past contracts at FKAA bought'gold-plated" peer daps complete with the meter can for abet $2500, on average. Some were On existing poles and some needed a stub le because the equipment powered was too far away from a pole, These "gold plated" installations used PVC canted rigid conduit with PYCR Myers hubs, 316 stainless steel Junction boxes', and the standard pointed steel meter boxes. There was no need of excessive quality and cost, Suppose It cost $3,000 now for a power drop. Note that one power drop might serve more than one grinder pit So we have $10,700 for the fortified grinder pithdo option, $3,000 for electrical, and $1,500 for a double lateral, totaling $15,440 for just two adjacent horwas. Compare that to $18,000 for grinder pumps on the 2 lots plus at least $1,000 each for the homsewner supplied circults and 6 [at of really bad wIll. Five homes within range of a grinder pump In the right of way would total not more than $20,900 (If all were long single laterals). Compare that to $45,000 plus at least $5,000 in owner supplied circuits and S households feeling violated and bearing great Ill will° one of them may even have a voodoo doll and know how to use It. it is best to always be fair and honorable, The court assessed value of property takings We inverse condemnation litigation was not added to the forced on -lot installations above, nor were the: costs of litigation. It Is far more economical and sensible to put the grinder pumps In the right of way just like a vacuum pit. Note 2. Florida Administrative Code quotation.- 62-604.4091sodgwiverlbrownce Cousideradow. (1) All new collactiatudowenission system and modificatfixis of entering Notems for which consoverkin permIts am ruluked by the Departmard shag be doldwed. (a) In accordance with the provisions of Rule 62-604.300, FA-C.; (to To be Instead on public right-of-ways, land owned by the perinflow, or easements; (4)The manuals reffiftenced in paragraphs 62-604-300(5)(b), (c) and 01 A.C.F-shop be used in avaluationof lbe design and construction of ale collectionArwaindelion systems in Florida. A sexual waraginnent envfty� be it public or private, shall be responsible for opersdon and maiwemee of the on -lot facilities associated with alternative collectionArewoussion systems.