Item Q1 Q.1
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: Q.1
Agenda Item Summary #5745
BULK ITEM: No DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292-4443
10:00 AM
AGENDA ITEM WORDING: A Sounding Board Presentation by the Canal Stewards for private
management of Canal 4266 and a proposal for a sustainable means of private stewardship - request
by James Sutcliffe.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Re_6_19_19 REQUEST FOR SOUNDING BOARD PRESENTATION @ BOCC 7_17_19 BY
James Allen Sutcliffe_Canal Stewards Group_Baitter's Lane Canal_Big Pine Key_Fl
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 06/27/2019 2:15 PM
Kathy Peters Completed 06/27/2019 2:20 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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Peters-Katherine
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From: James Sutcliffe <jms.sutcliffe@gmail.com>
Sent: Thursday, June 27, 2019 1:33 PM
To: Peters-Katherine co
Cc: ABC Joelle Cellphone Yahoo; Ballard-Lindsey; Shillinger-Bob
Subject: Re: 6/19/19 REQUEST FOR SOUNDING BOARD PRESENTATION @ BOCC 7/17/19 BY: 0
James Allen Sutcliffe, Canal Stewards Group, Baitter's Lane Canal, Big Pine Key, FI
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Hi All:
Thanks for your help, folks! See on 7.17.19 re: Canal
#266 request below to appear before the BOCC at their BOCC 7/17/19 meeting to deliver a
Sounding Board presentation.
James Sutcliffe
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On Wed, Jun 19, 2019 at 10:43 AM Peters-Katherine<Peters-Katherine g,monroecounty-fl.gov>wrote:
Good morning Mr. Sutfliffe:
Your request below to appear before the BOCC at their BOCC 7/17/19 meeting to deliver a Sounding Board
presentation must be submitted to the County Administrator for placement on the agenda, as explained by w
County Attorney Bob Shillinger in his 5/21/19 email to you(see below): CL
b) Sounding Board: A separate section of the regular meeting agenda will be
reserved for Sounding Board. Sounding Board must be scheduled for a time
approximate for public convenience. The purpose of the Sounding Board is to
allow individuals to address the County Commission on a matter pertaining to 5
County government, excluding matters in litigation and complaints against
specific personnel. The initial speaker on an item - whether representing him or co
herself, or a non-profit organization - may address the County Commission for 0�
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a period up to ten minutes. Subsequent speakers who are speaking for U_
themselves on the same item may speak for three minutes. A subsequent CO
speaker on the same item may address the County Commission on behalf of �
another nonprofit organization for five minutes. lndividtials who wish to 1:1tilize w
Sotinding Board nitist contact the County Administrator's Office in writing in �
order to be scheduled on the agenda, nitist specif` the su:ibject matter of` the i
presentation, and nitist comply with the agenda deadlines established in this i
Section 1,03. No action may be taken by the County Commission on an item on i
the Sounding Board agenda.
I assisted the County Administrator's Office regarding your previous Sounding Board request, due to the E
absence of Ms. Ballard at the time, to ensure your request was acted upon within the required time frame for
placement on today's BOCC 6/19/19 agenda.
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I am forwarding your below Sounding Board request for the BOCC 7/17/19 meeting to Lindsey Ballard, U)
Executive Administrator to the County Administrator. Ms. Ballard will be communicating with you directly 3
regarding your Sounding Board request and you can also reach out to her directly by phoning (305) 292-4443 0
or-4441 or via email @ ballard-lindseyamonroecounty-fl.gov. co
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Have a great rest of the day/week!,
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Kathy U)
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From:James Sutcliffe<ims.sutcliffe@mail.com>
Sent:Wednesday,June 19, 2019 10:25 AM ca
To: Peters-Katherine<Peters-Katherine@ Mon roeCounty-FL.Gov>;James Sutcliffe<ims.sutcliffe@ mail.com>; ABC
Joelle Cellphone Yahoo<ioellesnaturals@yahoo.com>
Subject: Re: FW: Addressing the County Commission -canal 266- PLEASE REPLY TO THIS EMAIL STATING SPECIFICALLY
THE SUBJECT MATTER OF THE SOUNDING BOARD PRESENTATION BEING REQUESTED -THANK YOU.
0
Hello Katherine:
Our Canal Steward's Group has more historical
information to present to the Board of County
Commissioners prior to it's deliberations on Baitter's
Lane Canal AKA Canal #266. We feel this information
is relevant to the decision
process. As 1 understand from reliable sources- the
Special Taxation District (STD) funding for your
proposed "air bubble curtain" will not be available E
until the next tax cycle starting in 2020. That being
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the case and considering the committment from your
official spokesperson, Rhonda Haag, to pursue the
installation with other 'self insured' funds, we find
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there should be no reason for you to rush this
decision process.
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All this being the case we respectfully ask that you
delay your final consideration of the matter in
question regarding the Special Taxation District (STD)
which you envision for us residents of Baitter's Lane
Canal (AKA Canal #266) to allow a full and deliberate IJ
consideration of the entire process of the canal
clearing, weed invasion protection, and competing
proposals for the remediation of this deplorable
situation.
CO
CL
We are suffering from a health hazard in our back
yards. There appears to be no facility in the county to
test the full extent of danger to human health existing
for the last 21 months in our back yards. My property
values are being adversely affected every day. My W
health is in danger every day. If someone should fall
into the water in our boat bay, which is our personal
property based on the plat map, 1 should be at risk of
lawsuit based on the reckless endangerment of not
having this health hazard fenced off. Should the
county be responsible for the safety fencing of my
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boat bay? These and other questions need to be
addressed as soon aspossible.
We wish to bring the historical function of Canal
Steward to the attention of the Board of County
Commissioners (BOCC). Apparently the BOCC has
failed to notice the function of the current and priorco
Canal Stewards on all of the privately husbanded U)
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dredged water bodies of the Keys. Without a clear
and thorough awareness of the historical function of
the private Canal Stewards Groups of the Florida
Keys we feel the BOCC has insufficient data to make
a due diligence study of the situation at hand. We
encourage the BOCC to buy out the time to take this
matter into diligent consideration before proceeding.
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For all of the above reasons we respectfully request a
Sounding Board Presentation at the next BOCC public
meeting on July 17, 2019.
James Allen Sutcliffe, Canal Stewards Group,
Baittees Lane Canal, Big Pine Key, FI CY
On Mon, Jun 3, 2019 at 4:44 PM James Sutcliffe<jms.sutcliffeggmail.com>wrote:
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Thank you Katherine!
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I am new at this so please help me out here,ok? Our
canal is #266 by your naming and it is Baitters Lane
Canal by our naming because it is between Baileys
Lane and Witters Lane. We are in Doctoes Arm
Subdivision on Big Pine Key. We have a plan to '
present to the Commissioners for the funding and
tending to the business of protecting our canal from
floating seagrass influx as well as clearing the
bottom of the accumulated rotted sea grass thathas
been allowed to blow into our canal since the storm.
How much detail do you need?
Thanks for your kind attention.
1 am trying to get my bathroom tiled (still in Irma co
rebuild mode) so my wife won't divorce me.
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What do you need from me in order to place our
organisation on the agenda. We do not want to
complain we simply wish to share our proposal andco
ask the commissioners if they will assist us. We
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understand that the county has a plan to install
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protection "in the near future". We wish to show how
we would be able to provide a sustainable solution to
this decades old problem at a lower cost and on a '
speedier time schedule. The county may wish to
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provide specifics as to their funding and timetable for
completion of their intended project.
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How many facts and details do you need today since
the county has given me this short space to respond? ,
1 contacted the county in this regard 14 days ago and
they did not effectively respond until 1 followed upco
last Friday.
Thank you for your kind attention,
James Allen Sutcliffe, representing the Canal 0
Stewards Group of Baitters Lane Canal.
On Mon, Jun 3, 2019 at 4:19 PM Peters-Katherine <Peters-Katherinegmonroecounty-fl.gov>wrote: co
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Good afternoon Mr. Sutcliffe:
My name is Kathy Peters, I am a paralegal with the County Attorney's Office and work closely with Lindsey ca
Ballard, Executive Administrator to the County Administrator. In that Ms. Ballard will be out of the office z
beginning Friday, May 31, 2019 through the remainder of this week, I was included in today's email z
distribution concerning your desire to appear/place a Sounding Board item on an upcoming BOCC meeting �
agenda. Please be advised Ms. Ballard was/will be out of the office beginning 5/31/19 through the remainder
of this week; however, I am more than happy to assist Monica Rodriguez in the County Administrator's
Office in the submission of your Sounding Board item. LL
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In looking at your 5/31/19 and 6/3/19 emails to Ms. Ballard, neither email specifically stated the subject
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matter of the presentation which is required and as advised by the County Attorney in his 5/31/19 email to W
you "You'll need to send Ms. Ballard a brief written description of the topic you wish to discuss with the
Board.
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Please reply to this email, reply to both Ms. Rodriguez and myself, stating specifically the subject i
matter of your presentation. Once received, I will assist Monica Rodriguez in the County Administrator's E
Office, in preparing/submitting your Sounding Board item for placement on the BOCC 6/19/19 meeting
agenda prior to the agenda deadline for the BOCC 6/19/19 meeting.
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Packet Pg. 3252
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"....Sounding Board must contact the County Administrator's Office
in writing in order to be scheduled on the agenda, must sped the
subject matter of the presentation, and must comply with the agenda
deadlines established in this Section 1.03. No action may be taken by the
County Commission on an item on the SoundingBoardagenda."
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We will await receipt of your email specifically stating the subject matter of your Sounding Board
presentation.
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Kathy U)
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From: James Sutcliffe<ims.sutcliffeggmail.com> 0
Sent: Monday, June 3, 2019 12:43 PM
To: Shillinger-Bob <ShillingermBobgMonroeCountymFL.Gov>
Cc: Gastesi-Roman<GastesimRoman(a.MonroeCounty:FL.Gov>; Haag-Rhonda<Hlagm 0
Rhonda ,MonroeCountymFL.Gov>; Ballard-Lindsey <BallardmLindseygMonroeCouniymFL.Gov>; Hall-
Cynthia<HallmCynthia(a.MonroeCountymFL.Gov>; Mercado-Pedro<MercadomPedrogMonroeCoun� w
F'L.Gov> w
Subject: Re: Addressing the County Commission - canal 266
Dear Ms. Ballard:
1 requested assistance in this matter two weeks ago. 00
The county did not successfully respond to me until 1 0
co followed up three days ago. There are only today and
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tomorrow left until the deadline for this request to be Lu
honored at the next meeting. Please respond today
so that this matter may be handled expeditiously.
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Respectfully yours,
James Allen Sutcliffe, representing the Baitters Lane
Canal Stewards Group - committed to private/public
partnership for improved water quality in canal #266
between Baileys Lane and Witters Lane, Big Pine
Key E
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On Fri, May 31, 2019 at 11:46 AM James Sutcliffe<jms.sutcliffeggmail.com>wrote:
i
Dear Ms. Ballard:
1 would have responded sooner but 1 had not
received this introduction until this morning.
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Please assist me in requesting a sounding board
item on the upcoming agenda for the BOCC meeting
on June 19, 2019. Being that the deadline for thisca
submission is next Tuesday please be prompt in
your response. CO
Thank you for your public service, Ms. Ballard!
Baitters Lane Canal Owners Group (AKA canal #266
between Baileys Lane and Witters Lane)
Packet Pg. 3254
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On Tue, May 21, 2019 at 2:36 PM Shillinger-Bob <Shillinger-Bobgmonroecounty-fl.gov>wrote:
Mr. Sutcliffe:
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Your inquiries about the process for addressing the County Commission have been forwarded to me for a
response. As you know, the Board meets monthly. The Board's next meeting will be held tomorrow in
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Key West starting at 9 am. Here is a link to tomorrow's
agenda. htlp://monroecountyfl.igm2.com/citizens/F1leOpen.aspx?Type=I 4&ID=I I 00&lnline=True
Florida law permits you to address the Board about an item before the Board takes action on that item. As
an individual, you would have 3 minutes to discuss an item before it is voted on. I don't believe that any 0
of the items on tomorrow's agenda are relevant to what I understand your concerns to be, i.e., canal 266. If 0 ca
during the discussion of an agenda item, you try to speak about an item that is not on the agenda, the @)
Mayor will rule you out of order. Z
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I anticipate that the next item that will address canal 266 will appear on the agenda for the July 17 1h W
meeting in Marathon. The Board also has a mechanism that permits a member of the public to place an CL
item on the agenda. We call that"sounding board." While I've pasted the rules for sounding board below, �
in short, in order to place a sounding board on the agenda you will need to make such a request with the 0
County Administrator's office by the agenda deadline (15 days before) the County Commission
meeting. The Administrator's assistant is Lindsey Ballard, whom I've copied here. You'll need to send Z
Ms. Ballard a brief written description of the topic you wish to discuss with the Board. Note, sounding Z
board cannot be used to discuss matters in litigation or to lodge complaints about personnel. You should :3
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also know that the Board's rules prohibit it from taking action on an item on sounding board. If a Board co
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member or staff wants to take action on such an item, that person would have to agenda a separate item at a 0
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subsequent date.
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b) Sounding Board: A separate section of the regular meeting agenda will be reserved
for Sounding Board. Sounding Board must be scheduled for a time approximate for public
convenience. The purpose of the Sounding Board is to allow individuals to address the
County Commission on a matter pertaining to County government, excluding matters in
litigation and complaints against specific personnel. The initial speaker on an item - whether
representing him or herself, or a non-profit organization - may address the County E
Commission for a period up to ten minutes. Subsequent speakers who are speaking for
themselves on the same item may speak for three minutes. A subsequent speaker on the
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1 Packet Pg. 3255
Q.1.a
same item may address the County Commission on behalf of another nonprofit organization
for five minutes. Individuals who wish to utilize Sounding Board must contact the County
Administrator's Office in writing in order to be scheduled on the agenda, must specify the U)
subject matter of the presentation, and must comply with the agenda deadlines established
in this Section 1.03. No action may be taken by the County Commission on an item on the
Sounding Board agenda. co
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Please let me know if you have any questions about this process. I am blind copying the Commissioners
and their aides on this email so:
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a) they have the benefit of this communication; and E
b) as to avoid an inadvertent violation of the Sunshine Law that a"reply all"by one of the
commissioners might trigger.
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Respectfully,
Bob Shillinger
I County Attorney
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„ n Monroe County Attorney's Office CLVp m l otl xnpudi��� 1111 12th Street, Suite 408
LAIN �
Key West, FL 33040
(305)292-3470
(305)292-3516 (facsimile) co
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All the best,
James Sutcliffe
Founder of Intralux Inception (Healing Clay Products) &EarthBagShop.com
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All the best,
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James Sutcliffe
Founder of Intralux Inception (Healing Clay Products) & EarthBagShop.com
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All the best,
James Sutcliffe
Founder of Intralux Inception (Healing Clay Products) & EarthBagShop.com CO
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