12/20/2006 Regular
308
MINUTES
OF THE MONROE COUNTY
BOARD 011 COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 20, 2006
Marathon, Florida
A Rt:gular 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 Charles "Sonny" McCoy, Commissioner Sylvia Murphy, Commissioner George
R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present were
Suzanne Hutton, County Attorney; Robert Shillinger, Assistant County Attorney; Thomas Willi,
County Administrator; Danny L. Kolhage, Clerk; Pamela G. Hancock, Deputy Clerk; County
Staff, members of the press and radio; and the general public.
CLOSED SESSION
Robt:rt Shillinger, Chief Assistant County Attorney announced pursuant to Florida
Statute, the following was closed to the public: An Attorney-Client Closed Session in the matter
of Florida Keys Citizens Coalition & Last Stand v. Florida Department of Community Affairs
and Monroe County, DOAH Case No.: 06-2449GM
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval of the following items by unanimous consent:
Board granted approval of the revised budget for 2006 for Republic Parking, for parking
lot management for the Key West International Airport.
Board granted approval to advertise a request for bids for janitorial services for the Key
West International Airport.
Board granted approval for Flying Boat, Inc., d/b/a Chalk's International Airlines,
Chalk's Ocean Airways to rent space in the Terminal Annex, at the Key West International
Airport on a month to month basis.
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Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipate:d Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 612-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 613-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No 3).
RESOLUTION NO. 614-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 615-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 616-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 617-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 618-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 619-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 620-2006
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 621-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 622-2006
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Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 623-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 624-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 625-2006
Said Resolution is incorporated herein by reference
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West for Community Development Block Grant Disaster
Recovery Funding to assist in the recovery in the most impacted and distressed areas relating to
the consequences of Hurricanes Katrina, Rita and Wilma in the Gulf of Mexico in 2005.
Board granted approval and authorized execution of Master Agreement No. PE-729 for
the period of January 1, 2007 through December 31, 2007, between the Alliance for Aging, Inc.
(Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board
of County Commissioners/Monroe County Social Services (In-Home Services ProgramlNutrition
Program).
Board granted approval of an Application for Federal Assistance between Monroe
County Board of County Commissioners, the applicant, and the Federal Transit Administration
for Financial Assistance to purchase two transportation buses and approval for the Mayor to sign
the Grant Application, Resolution and other application documents.
RESOLUTION NO. 626-2006
Said Resolution is incorporated herein by reference
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County (Nutrition Program) and G.A. Food Service, Inc. to renew contract for
one additional year, January 1, 2007-December 31, 2007.
Board granted approval and authorized execution of Amendment 002 to the Community
Care for the Elderly (CCE) Contract KC671 between the Alliance for Aging, Inc. (Area Agency
on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County
Commissioners (Social Services/In-Home Services Program).
Board granted approval and authorized execution of a Memorandum of Agreement
between Emergency Home Energy Assistance for the Elderly Program (EHEAEP) / Alliance for
Aging, Inc., and Low-Income Energy Assistance Program (LIHEAP)/Monroe County BOCC
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and approva!l ofEHEAEP Intake Center Referral Agreements for the three intake centers
throughout Momoe County - Lower/MiddlelUpper Keys
Board granted approval and authorized execution of State of Florida Commission for the
Transportation Disadvantaged - Standard Coordination/Operator Contract between Monroe
County and the Community Transportation Coordinator, Guidance Clinic of the Middle Keys for
the contract period of 01/01/07 to 06/30/07. Note: the contract is for 6 months to coincide with
the CTC's Contract with the Commission for the Transportation Disadvantaged.
Board granted approval and authorized execution of a State of Florida Commission for
the TranspOltation Disadvantaged Medicaid Non-Emergency Transportation (NET) Program -
Subcontractl~d Transportation Provider Agreement between Monroe County and Guidance Clinic
of the Middle Keys and Monroe County Board of County Commissioners for contract period of
7/1/2006 through 6/30/2007 to provide fee-for-service for Medicaid Non-Emergency
Transportation as a Subcontracted Transportation Provider.
Board granted approval to purchase (1) one Pierce Custom Enforcer Pumper through
"piggy-backing" bid 99-150 of Lake County, Florida for a purchase price of $374,864.00 and
approval to ilssue a Purchase Order to Pierce Manufacturing, Inc. for same.
Board granted approval and authorized execution of Memorandum of Agreement (MOA)
No. A973 btltween the Florida Department of Corrections (DOC) and the Monroe County Board
of County Commissioners (MCBOCC) for Monroe County Fire Rescue (MCFR) for the purpose
of providing emergency and non-emergency services to the Big Pine Key Road Prison (BPKRP)
for the period December 20, 2006 to September 28, 2011.
Board granted approval to purchase one Pierce Dash Custom 2000, 75' Quint Heavy
Duty Aerial Ladder through "piggy-backing" the bid from Union City Fire Department, Georgia
for $583,829.00 and approval to issue a Purchase Order to Pierce Manufacturing, Inc. for same.
Board granted approval and authorized execution of a Modification to the 2005-2006
State Homeland Security Grant Program (SHSGP) Memorandum of Understanding (MOD)
between Momoe County and the Florida Department of Financial Services, Division of State
Fire Marshal relating to Domestic Preparedness which would extend the original expiration date
to February 28, 2007.
Board granted approval and authorized execution of a Memorandum of Understanding
(MOU) between Naval Air Station Key West and Monroe County regarding Mutual Fire and
Emergency Services Assistance Agreement.
Board granted approval to issue a 72 hour Notice of Termination to Hi- Tech
Environmental Consultants, Inc. and to terminate (after Notice) the Agreement for Ground Water
and Surface Water Sampling and Analysis.
Board granted approval to rescind the award of Public Works surplus Item 1 approved at
the 10/18/06 meeting, and approval to award Public Works surplus Item 2 per the Revised Bid
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Opening Recap of 9/7/06, to the highest bidders or to the next bidder, should bidder fail to
complete transactions after reasonable notification and time limits.
Board granted approval to reject all bids received for 80KW Trailer Mounted Generators,
per tabulation sheet dated November 22, 2006, and approval to re-advertise.
Board granted approval to award bid and purchase two (2) new 150KW Trailer Mounted
Generators from Florida Detroit Diesel- Allison in the total amount of $97,350.00.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and the Archbishop of the Archdiocese of Miami concerning funding for improvements
to the soccer field at S1. Peters Church, Big Pine Key, Florida.
Board granted approval to award bid and authorized execution of an Agreement between
Monroe County and D & J Industries Etc., Inc. for roof repair at the Monroe County Detention
Facility on Stock Island that was damaged due to Hurricane Wilma.
Board granted approval to award bid and authorized execution of an Agreement between
Monroe County and D & J Industries Etc., Inc. for Partial Roof Replacement at the Marathon
Sheriff's Substation.
Board granted approval ofa Workers' Compensation Settlement in the amount of
$32,000.00 (inclusive of attorney's fees and costs) for file #03011800-GH.
Board granted approval and authorized execution of First Amendment to Monroe County
Employee Health Plan (BOCC approved 9/20/06) to amend and add language to the Health Plan
Document and to attach Retiree Resolution to Amendment as Exhibit A to allow retirees to
waive the County's group health insurance benefits.
Board granted approval to accept renewal with Arthur J. Gallagher to provide Airport
Public Officials Liability Insurance at a premium of$18,736.00.
Board granted approval and authorized execution of First Amendment to Contract
between Monroe County and Currie Sowards Aguila Architects to adjust the fee based on the
approval of a Guaranteed Maximum Price (GMP) for the Murray E. Nelson Government and
Cultural Center.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator's Office. There were four change orders considered and approved by the County
Administrator's Office for the period beginning October 31, 2006 and ending November 30,
2006, totaling $199,883.87. (Said report is incorporated herein by reference).
Board granted approval to award bid and enter into a Standard Form of Agreement
between Monroe County and Coastal Marine Construction, Inc. for repairs to five Card Sound
Road Bridge:s.
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Board granted approval to award Parsons Brinckerhoff Construction Services, Inc. a
Standard Form of Agreement with Monroe County to provide Construction Engineering and
Inspection, (CEI), services for the Card Sound Road Bridges Rehabilitation Project.
Board granted approval and authorized execution of Change Order No. 25 between
Monroe County and the Tower Group, Inc. for HV AC modifications at the Freeman Justice
Center in Key West, in the amount of$359,737.93..
Board granted approval to extend the Contract between Monroe County and Birds of
Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport, on
a month-to-month basis.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Matt Schulte and Robert DeField, tenants, for hangar space at the Florida Keys
Marathon Aiirport.
Board authorized the County to purchase 70 desktop workstation computers and 20
portable notl~book workstation computers from Dell Computers to replace obsolete equipment, in
accordance with the Monroe County Five Year Technology Plan.
Board granted approval and authorization for the County to purchase 100 copies of
Microsoft Office 2007 for Workstations and notebook computers.
Board granted approval for the County to purchase and enter into a Microsoft Enterprise
Agreement for license compliance and support for Microsoft Client Access Licenses.
Board granted approval and authorized execution of Third Amendment to Agreement
between Monroe County and the Morganti Group, Inc. for the Key West International Airport
and Florida Keys Marathon Airport.
TOURIST DEVELOPMENT COUNCIL
Announcement of one vacant position on the Tourist Development Council District V
Advisory Committee for an "At Large" appointment, due to the end of term for Bill Anderson.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Middle Keys Events Council, Inc. for the Marathon SBI Offshore
Grand Prix on May 17-20, 2007, DAC III, FY 2007 Event Resources.
Board granted approval to rescind the Destination Events Agreement between Monroe
County and Islamorada Chamber of Commerce, Inc. for the Florida Keys Holiday Festival on
December 1.-2, 2006.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Marathon Garden Club, Inc. for the roof and parking lot repair project in an
amount not to exceed $18,448, DAC III, FY 2007 Capital Resources.
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Board granted approval and authorized execution of an Amendment (1 st Amendment) to
Agreement between Monroe County and the Greater Marathon Chamber of Commerce, Inc. for
the Original Marathon Seafood Festival to revise dates to March 10-11,2007.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Dolphin Research Center, Inc. for the Medical Pool Electric Service
Upgrade project in an amount not to exceed $13,250, DAC III, FY 2007 Capital Resources.
Board granted approval and authorized execution of an Addendum to Agreement (third
Amendment) between Monroe County and Dolphin Research Center, Inc. to allow an additional
$24,065, DAC III, FY 2007 Capital Resources to the Fish Freezer project and extend Agreement
to September 30, 2007.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Islamorada Community Entertainment, Inc. for the Amphitheatre
Enhancements project at the Islamorada Founders Park Amphitheatre in an amount not to exceed
$54,000, DAC IV FY 2007 Capital Resources.
Board granted approval and authorized execution of an Amendment (1 st Amendment) to
Agreement between Monroe County and Marathon Garden Club, Inc. for the Marathon Garden
Club's 2006/2007 Seasonal Events between December 1, 2006 and March 31, 2007 to revise
Exhibits A and B.
Board granted approval and authorized execution of an Amendment (2nd Amendment) to
Agreement between Monroe County and the Florida Keys Land and Sea Trust, Inc to revise
Exhibit A for cost allocations.
Board granted approval and authorized execution of an Amendment (1st Amendment) to
Agreement between Monroe County and the Lower Keys Chamber of Commerce, Inc. covering
the Big Pine Nautical Flea Market on January 27, 2007 to revise their budget expenditures.
Board granted approval of a revised logo for the Monroe County Tourist Development
Council adv<ertising and promotions program.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of Request for Expenditures from Law Enforcement Trust Fund,
as follows:
$1,990.00 Challenge Coin USA - for the MCSO to give to employees who are awarded
Officer ofthe Quarter and for the Sheriff to give to dignitaries who are visiting.
$1,400.00 Key West High School Women's Basketball Team - to assist with the cost of
satisfying the FHSAA's mandate on officials.
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$7,500.00 Florida Sheriffs Youth Ranches, Inc. - funding for an additional week for 40
boys at "Project Harmony", a school based program providing skills in leadership, conflict
resolution, diversity and good communication.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving an amendment to the Monroe County
Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005, 2005-2006,
2006-2007 adding Moderate Income Households to the Housing Rehabilitation Strategy.
RESOLUTION NO. 627-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving an increase in the Monroe County
State Housing Initiatives Partnership (SIDP) Program Area Median Purchase Price Limit.
RESOLUTION NO. 628-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving an amendment to the Monroe County
Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005,2005-2006,
2006-2007 deleting the Shared Appreciation Provision for properties utilizing affordable housing
permits.
RESOLUTION NO. 629-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Mayor DiGennaro's reappointment of 1. Bradford Trout to the
Library Advisory Board, date term expires is January I, 2010.
Board granted approval of the Elected Official Bond for Commissioner Sylvia 1. Murphy.
Board granted approval of Commissioner Murphy's appointment of Bill Loewy to the
Monroe County Shared Asset Forfeiture Committee, there is no term limit to this appointment.
Board granted approval of Commissioner Neugent's appointment of Stan Darczuk to the
Florida Keys Council for People with Disabilities, date term expires is February 2008.
Board granted approval of Commissioner McCoy's appointment of Marjie Butko to the
Library Advisory Board, replacing Jean Tribbey who has recently resigned.
Board granted approval of discussion and direction to direct Planning Department to
move forward in investigating revising the Big Pine Master Plan regarding commercial
development
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COUNTY CLERK
Board ~anted official approval of the Board of County Commissioners minutes from the
September 20 & October 18th Regular Meetings and the Special Meeting of September 25th,
2006.
Board granted approval ofthe following Warrants (101552-101643 & 510796-511959):
General Fund (001), in the amount of$2,150,430.69; Fine & Forfeiture Fund (101), in the
amount of$6,227,091.45; Road and Bridge Fund (102), in the amount of$193,310.37; TDC
District Two Penny (115), in the amount of$417,893.41; TDC Admin. & Promo 2 Cent
(116), in the amount of $449,564.19; TDC District 1, 3 Cent (117), in the amount of
$310,798.80; TDC District 2, 3 Cent (118), in the amount of$37,411.95; TDC District 3, 3
Cent (119), in the amount of$49,850.79; TDC District 4, 3 Cent (120), in the amount of
$70,006.07; TDC District 5, 3 Cent (121), in the amount of$62,571.25; Gov. Fund Type
Grants (125), in the amount of$I,086,816.34; Impact Fees Roadways (130), in the amount of
$187,118.74; Impact Fees Parks & Rec (131), in the amount of$5,607.00; Fire & Amb Dist 1
L&M Keys (141), in the amount of$126,740.42; Upper Keys Health Care (144), in the
amount of $:5,569.42; Fire & Amb Dist 6 Key Largo (146), in the amount of$I,370.00; Uninc
Svc Dist Palrks & Rec (147), in the amount of$25,334.81; Plan, Build, Zoning (148), in the
amount of $73,299.74; Municipal Policing (149), in the amount of$I,029,198.48; 911
Enhancement Fee (150), in the amount of $11,054.35; Duck Key Security (152), in the amount
of$4,884.4]; Local Housing Assistance (153), in the amount of$56,4]0.87; Boating
Improvement Fund (157), in the amount of$49,2]4.02; Misc. Special Revenue Fund (158), in
the amount of$68,321.39; Environmental Restoration (160), in the amount of$7,200.6]; Bay
Point Wastl~water MSTU (168), in the amount of $98.53; Big Coppitt Wastewater MSTU
(169), in the amount of $225. ]2; Key Largo Wastewater MSTU (170), in the amount of
$4,796.8]; 1 Cent Intra Surtax (304), in the amount of$3,372,238.09; 2003 Revenue Bonds
(307), in the amount of $]67,727.79; Card Sound Bridge (401), in the amount of$26,465.99;
Marathon Airport (403), in the amount of$245,0]4.64; Key West IntI. Airport (404), in the
amount of$724,6]4. ]5; KW AlP Series 2006 Bonds (405), in the amount of$9]6.00; MSD
Solid Wastfl (414), in the amount of$548,278.49; Worker's Compensation (501), in the
amount of $329,449.64; Group Insurance Fund (502), in the amount of$8],250.56; Risk
Management Fund (503), in the amount of$]48,776.36; Fleet Management Fund (504), in
the amount of$] 70,462.58; Fire&EMS LOSAP Trust Fund (610), in the amount of$51O.00.
Board granted approval of Tourist Development Council Expenditures for the month of
November, 2006, as follows: Advertising, in the amount of$5]6,879.44; Bricks & Mortar
Projects, in the amount of $9,200.00; Visitor Information Services, in the amount of
$117,723.66; Events, in the amount of$]69,355.68; Office Supplies & Oper Costs, in the
amount of$35,584.08; Personal Services, in the amount of$133,725.6]; Public Relations, in the
amount of$]59,330.20; Sales & Marketing, in the amount of$49,344.59; Telephone & Utilities,
in the amount of $48,404.20; Travel, in the amount of$26,749.81.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
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Board rescinded the approval of revision to Interlocal Agreement between Monroe
County and the Florida Fish and Wildlife Conservation Commission to assist in the process of
removing marine debris resulting from Hurricane Wilma and the storms of2005. This item was
approved at the June 21, 2006 BOCC meeting as an add-on, but has never been forwarded to the
Clerk's Office for execution
Board accepted the submission of the Annual Report of Compliance with Investment
Policy, dated September 30, 2006. (Said document is incorporated herein by reference).
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of a Consulting Agreement between
Monroe County and Commonwealth Consulting Corporation for continuing consulting services
relating to the Department of Defense, including base closure, base re-use, and other matters;
wastewater lmd other environmental issues; and other matters as determined by the County.
Board granted approval and authorized execution of an Amendment to Agreement for
Windstorm Insurance Actuarial Consulting Services With AIS Risk Consultants and Monroe
County to increase the original agreement amount from $50,000 to $67,797.10 in order to
compensate the actuarial consultant, Allan Schwartz, for preparation of actuarial study and
testimony in support of the property owners of Monroe County at the Office ofInsurance
Regulation Public Hearing regarding excessive windstorm coverage rates.
Board granted approval to advertise for Requests for Proposals/Qualifications for vendors
to operate the restaurant formerly known as the Hickory House located at 5948 Peninsular
Avenue, Stock Island.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the Monroe County Sheriff's Office for Consolidation and Management of
Emergency Communications to transfer communications functions and 911 operations to the
Sheriff's OfIice, providing for transfer of maintenance, responsibilities, certain funds and staff to
the Sheriff's Office.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Proposed Settlement Agreement in
Monroe County, Florida v. Timothy John & Barbara A. Woods, Case No. CE05060056.
Board granted approval of payment ofInvoice No. 1728509 in the amount of$41,189.54
from Greenberg Traurig for litigation regarding the Tier Maps; FKCC v. DCA and Monroe
County, Case No. 06-2449-GM
Board granted approval and authorized execution of a Contract between Monroe County
and Larry R. Erskine, P. A. to provide legal services and advise to the County for real estate
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closings and related matters and to be available for other cases as assigned specifically by the
County Attorney.
Board granted approval of payment ofInvoice Number 27235 in the amount of
$71,715.35 from Volpe, Bajalia, Wickes, Rogerson & Wachs, PA, regarding windstorm
. .
msurance Issues.
Board granted approval and authorized execution of a Lease Renewal Agreement
between Monroe County and Seashime, LLC, with a legal description of that portion of State
Road NO.5 (D. S. Highway No.1) lying southeasterly of and adjacent Lot 46 (submerged)
"Conch Key", a subdivision as recorded in Plat Book 2, Page 130, of Sections 14 and 15,
Township 65 South, Range 34 East, ofthe Public Records of Monroe County, Florida.
Board granted approval and authorized execution of an Extension of Lease between
Monroe County and Seashime, LLC, with a legal description of that portion of State Road NO.5
(U.S. Highway No.1) lying southeasterly of and adjacent Lots 32 and 45, "Conch Key", a
subdivision as recorded in Plat Book 2, Page 130, of Sections 14 and 15, Township 65 South,
Range 34 Ea.st, ofthe Public Records of Monroe County, Florida.
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
to issue citations for violations of the Monroe County Code for disposition in County Court
(Brian Corcoran).
RESOLUTION NO. 630-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment and Consent to
Assignment of Agreement between Monroe County and Maximus, Inc. for Community
Correctional Services to Providence Community Corrections, Inc.
Board granted approval and authorized execution of a Lease Renewal Agreement
between Monroe County and Hyatt & Hyatt, Inc. regarding the property attached to the Lease
Renewal Agreement as Exhibit "A".
Board adopted the following Resolution accepting $30,000.00 from the City of Key
West, Florida, and $10,000.00 from the City of Marathon, Florida to assist in payment oflegal
fees on behalf of FIRM, and requesting the Clerk of the County Court of Monroe County to
invoice the Cities of Key West and Marathon for payment.
RESOLUTION NO. 631-2006
Said Resolution is incorporated herein by reference.
Board authorized legal staff to retain outside legal counsel to defend the County in the
matter of Nellie Lightner, et al. v. Monroe County, CA P 06-562 and for said counsel to file
responsive pleadings on behalf ofthe County in the interim until such time as a contract can be
completed and approved by the Board.
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Motion carri,ed unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to
re-open the agenda to add Item D 1, approval of Purchase Service Order with URS to prepare
Passenger Facility Charge Application #13, for submission to the Federal Aviation
Administration, back into the agenda. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
close the agtmda. Motion carried unanimously.
Peter Horton, Director of Airports addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and
authorizing l:xecution of Purchase/Service Order No. 06/07-04 between Monroe County and
URS to prepare Passenger Facility Charge Application #13, for submission to the Federal
Aviation Administration. Motion carried unanimously.
Deb Barsell, Community Services Director and Tom Willi, County Administrator
addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Murphy granting approval and authorizing execution of Contract No.
AA729 (1/1/07 - 12/31/07) for Titles III-B, C-I, C-II and III-E between the Alliance for Aging,
Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County
Board of County Commissioners/Monroe County Social Services. Motion carried unanimously.
Jame:s R. Paros, Marathon Airport Manager addressed the Board concerning the status of
negotiations with Jules I. Beckwitt, Trustee, Jules I. Beckwitt Revocable Trust, Marathon, FL,
regarding the lease of a parcel of land located at the Florida Keys Marathon Airport for non-
aviation use. The Board took no official action.
Danny L. Kolhage, Clerk of Courts addressed the Board concerning a Second
Amendment to Agreement between Monroe County and Construction Manager, The Morganti
Group, Inc., - Key West International Airport/New Terminal Building and Renovation Project, to
later in the day.
STAFF REPORTS
Community Services - Deb Barsell, Community Services Director reported to the Board
that this is the first month the Library System has had wireless services; Social Services provided
it's Annual Thanksgiving Home Delivery Mails Program with the Salvation Army and other
community service agencies; update on Bayshore Manor residents; HSAB Task Force is meeting
on a regular basis and will continue to report to the Board.
Employee Services - Teresa Aguiar, Personnel Division Director updated the Board on
the following items: Supervisory training has begun and is underway; Non-supervisory
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employees will begin their part of the training in the new year; New insurance cards will be
going out to all retirees and employees; Acordia National has changed its name to Wells Fargo;
Records Management Compliance Statement required annually by the State has been completed
and sent; the second subsidiary came in from the Centers for Medicare and Medicaid Services.
Emergency Services - Jim Callahan, Acting Fire Chief discussed the fire at Conch Key
that occurred on December 8, 2006. A well and hydrant program is being initiated. Mr. Willi
addressed the Board.
Airports - Peter Horton, Director of Airports advised the Board that Congresswoman
Ileana Ros-Lehtinen will be holding a press conference with Representative John Mika who is
the ranking member elect ofthe house of transportation and infrastructure committee on
Monday, February 12, 2007, in celebration of the first commercial flight to Marathon which is
scheduled to take place later that week and invited the Board and the public to attend, no time
has been set yet. Mr. Horton informed the Board that the Conch Flyer Restaurant requested to
close on Christmas Day, the Board had no objection
Engineering - Dave Koppel, County Engineer updated the Board on the following
projects: Utilizing the county's website to inform the public on the progress of projects; a brief
update was given on the status of the Key West Airport and Medical Examiner Facility on Crawl
Key; Big Pine Key Park - a Notice to Proceed has been issued to begin filling the basin in
accordance with the permits/bid opening is scheduled for January 17, 2007; Big Pine Key Fire
Station will go out to bid in approximately 30 days; Big Coppitt Key Park and the Key Largo
Fire Station should be substantially complete in February; Higgs Beach Pier bids are scheduled
to be opened next month; the Freeman Justice Center has a substantial completion date in
February but is expected to take a couple months longer. Commissioner Spehar inquired on the
status of the Stock Island Fire Station/Road Abandonment.
Budl!et & Finance - Sal Zappulla, Budget & Finance Director reported to the Board that
they have be:gun the close out process ofthe Fiscal Year 2004 Hurricanes; $8 million in debris
invoices are still outstanding for Hurricane Wilma; the Final Budget was compiled and sent to
the GFOA; Capital Plan; $40 million dollar Interlocal Agreement with the FKAA and
wastewater funding.
COMMISSIONERS' ITEMS
David Horan addressed the Board concerning Mayor DiGennaro's item to discuss and
direct staff to consider non-resident commercial fishing use of property in the Big Pine
Commercial Fishing Special District #12 as a legal "non-conforming use" until such time as
proper revisions to the Land Development Regulations can be made to remove the residential
provision for this zoning district. Suzanne Hutton, County Attorney addressed the Board.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar directing
staff to delay Code Enforcement proceedings until after the appropriate language in the Code is
reviewed and goes through an amendment process. Motion carried unanimously.
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STAFF REPORTS
Technical Services - Mickey Baker, Technical Services Director reported to the Board
that they have implemented wireless internet access for all ofthe Senior Centers; currently have
streaming video; working to have the record of the meetings available by the agenda item;
working on unified networking; combining smaller servers to a virtual server; working on two
software projects in cooperation with the other divisions: permitting system online; work order
system to submit work orders.
MONROE COUNTY HOUSING AUTHORITY
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Resolution approving the Monroe County Community Development Block
Grant (CDBG) Sewer Connection Assistance Program First Come/First Served Application List
and recognition of the CDBG Program's conflict of interest program. Motion carried
unanimously.
RESOLUTION NO. 632-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Murphy discussed her item with the Board. After discussion, Motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following
Resolution supporting the Monroe County Commercial Fishermen in their efforts to have the
National Marine Fisheries VMS Tracking System Requirement rescinded. Motion carried
unanimously.
RESOLUTION NO. 633-2006
Said Resolution is incorporated herein by reference.
Commissioner Neugent discussed his item with the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to issue a permit to Earl
Huff, for Lot 32 San Remo Drive, Dr. Arm 3,d Addition Section B; RE: #00312572.003300.
Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to
include Tuesday, December 26, 2006 as a holiday for County Employees. After discussion, roll
call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
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Motion carril~d.
ENGINEERING
Dave Koppel, addressed the Board and introduced Gary Donn, of the Florida Department
of Transportation who made a presentation before the Board of the Tentative Five Year Work
Program for Fiscal Year 2008 through 2012. Mr. Willi addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Murphy directing
Staff and FDOT to re-examine the time frames for Item 2 - Project 4056122, Big Pine Key Turn
Lanes, project scheduled changed from FY 2010 to FY 2011; and Item 20 - Project 4123321,
Card Sound Road, C905 Intersection, project schedule changes from FY 2010 to FY 2011. on
this Work Program and return them with a response from FDOT. Motion carried unanimously.
COUNTY ADMINISTRATOR
The following individuals addressed the Board concerning approval of issuance of an
RFP for a private operator to provide ferry service to maintain traffic between Marathon and
Pigeon Key until such time as the Old Seven-Mile Bridge span from Marathon to Pigeon Key is
rehabilitated and re-opened: Margie Mearns, representing Pigeon Key Foundation; Joanie
Nelson, Bill Hauck, representing Hauck Marine; and Jim Rhyne, representing Pigeon Key
Foundation. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent granting approval of issuance of the RFP. Motion carried unanimously.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, Mayor
Mario DiGennaro.
Danny L. Kolhage, Clerk advised the Board of a Resolution from the City of Layton
appointing Mayor Norman Anderson and Vice Mayor William Dilley to this Board replacing Mr.
Madok and Mr. Cromartie. Mr. Kolhage advised the Board that Commissioner George Neugent,
Commissioner Dixie Spehar and Mayor Mario DiGennaro are on the Board.
The Board held the Organizational Meeting to appoint a Chairman and Vice-Chairman of
the Board.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
appoint Norman Anderson as Chairman to the Board. Motion carried unanimously with Mr.
Anderson not present.
Motion was made by Mayor DiGennaro and seconded by Commissioner Neugent to
appoint William Dilley as Vice-Chairman to the Board. Motion carried unanimously with Mr.
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Anderson not present.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
purchase om: Hallmark Fire Apparatus Emergency One D3000, 2006 Tanker/Pumper on a 2006
International 7400 2 door 4X2 chassis through "piggy-backing" bid Y5-1072 of Orange County
for $229,863.00, and approval to issue a Purchase Order to Hall-Mark Fire Apparatus for same.
Motion carried unanimously, with Mr. Anderson not present.
The following individuals addressed the Board concerning the fire at Conch Key:
Katrina Wiatt, Bill Wiatt, John Luce, and Sylvia Murphy. Jim Callahan, Acting Fire Chief and
Mr. Willi addressed the Board.
The Board directed the County Administrator to organize a workshop to discuss the
issues with fire rescue
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The Board of County Commissioners reconvened with all Commissioners Present.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
open the agenda. Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to
add to today's Agenda Item 010 concerning a Resolution clarifying the Capital Budget Process
and the intent of the Monroe County Board of County Commissioners. Motion carried
unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to
close the agenda. Motion carried unanimously.
W ASTEW A TER ISSUES
Elizabeth Wood, Sr. Administrator-Sewer Projects updated the Board on the Big Coppitt
Wastewater System project.
COUNTY ADMINISTRATOR
The Board discussed the 2007 Commissioner Appointments to Various Duties. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
to approve the appointments. Motion carried unanimously. Said list is incorporated herein by
reference.
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COUNTY ATTORNEY
The Board accepted the December 2006 written Litigation Report, dated December 14,
2006 from Suzanne A. Hutton, County Attorney. Ms. Hutton advised the Board that she
received thn:e letters of objections concerning the Road Abandonment Resolution from the
November meeting.
Ms. Hutton addressed the Board concerning approval to schedule a closed session of the
Board of County Commissioners in the matter of Monroe County v. Department of Community
Affairs, DOAH 06-2856GM at the January 17, 2007 BOCC meeting in Key West. Ms. Hutton
advised the Board that there are several of these items that she would be asking for closed
sessions and that the Board may want to consider a Special meeting to address the closed
sessIOns.
Ms Hutton requested that the following two items be included with the Special meeting
to be scheduled at a later date:
Jennifer Franz v. Monroe County and J Jefferson Overby, CA P 06-475.
Florida Keys Citizens Coalition & Last Stand v. DCA and Monroe County, DOAH 06-
2449GM
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
hold the above three closed sessions on January 18, 2007 at 10:00 a.m. in Key West. Motion
carried unanimously.
Robert Shillinger, Assistant County Attorney addressed the Board concerning approval of
Settlement Agreements with Eager Family Trust and Calusa Campground Condominium
Association and authorization for Growth Management Director to execute same on behalf of the
County. Afler discussion, motion was made by Commissioner Neugent and seconded by
Commissioner McCoy to table the item to the January meeting. Motion carried unanimously.
Commissioner McCoy discussed with the Board the Sunshine Law Chronicle.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to
table Agenda item D43 concerning approval of a Second Amendment to Agreement between
Momoe County and Construction Manager, the Morganti Group, Inc. Motion carried
unanimously.
MISCELLANEOUS ITEM
Caren Bash, with DRC Emergency Services, LLC donated fourteen (14) bicycles to
Monroe County for distribution to needy children in the Florida Keys. Mr. Willi addressed the
Board.
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PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution approving the request for
Administrative Relief made by Harold & Sherry Fried on the property described as Block 3 Lot
10, Silver Lake Park, Key Largo, RE #00453990-000000. The relief is in the form of one (1)
dwelling unit allocation. There was no public input. Motion was made by Commissioner Spehar
and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 634-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a request for Administrative Relieffor Stewart A.
& Barbara P. Rose, Lot lOS, Paradise Point Cove, Key Largo, Real Estate Number
00514100.000000. There was no public input. Motion was made by Commissioner Neugent
and seconded by Commissioner Murphy to delete the item. Motion carried unanimously.
COUNTY ATTORNEY
Mr. Shillinger addressed the Board concerning a Settlement Agreement in Lucy Ladd v.
Monroe County, CA K 06-952. Mr. Shillinger advised that Ms. Ladd made a Settlement
Proposal to offer a donation to Habitat for Humanity in the amount of$50,000.00 and assign her
affordable housing allocation to Habitat for Humanity if the County will grant her a market rate
allocation. The following individuals addressed the Board: Ed Swift, Franklin Greenman, Bob
Calhoun and Bill Loewy, representing Habitat for Humanity. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Neugent to accept the Settlement
Agreement. Motion carried unanimously.
The County Attorney advised that the scheduling of a closed attorney client session in the
matter of Lucy Ladd v. Monroe County, CA K 06-952 at the January 17, 2007 BOCC meeting in
Key West should be deleted as the Settlement had just been reached with the above action.
COMMISSIONERS' ITEMS
The following individuals addressed the Board concerning approval of a Resolution
authorizing the Mayor to serve as the official elected point of contact to the Department of
Community Affairs and other agencies, with respect to housing, land use, and wastewater issues.
Authorizing the Mayor to discuss future affordable/workforce housing allocations with state
agencies and appropriate travel and staffi'personnel assistance: Ron Miller, representing Upper
Keys Citizens Association; Michael Wiggins, representing Lucky's Landing Homeowner's
Association; Kay Thacker, Pauline Klein, Sue Heim, Diane Beruldsen, Fred Nickerson, Joannie
Nelson, Bill Loewy, representing Habitat for Humanity; Ed Swift, and Representative Ron
Saunders. Mr. Willi read an e-mail into the record from Ken Sorensen. After discussion, motion
was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the
following Resolution regarding coordinated communication ofBOCC positions affordable
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housing and land use issues to the Department of Community Affairs (the "Department") and
other agencil:s. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 634a-2006
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to
appoint Commissioner Neugent as the alternate point of contact. Roll call vote was taken with
the following results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
PUBLIC HEARINGS
The following individuals addressed the Board concerning approval of a Development
Agreement for Oceanside Marina (AKA Kings Pointe Marina) 5950 & 5970 Peninsular Avenue,
Stock Island. and Lazy Lakes Campground, 311 Johnson Road Ocean, SugarloafKey: Diane
Beruldsen, Ed Swift, Michael Wiggins, representing Lucky's Landing Homeowners Association;
Mary Lessard, representing Seahorse Park; Nancy Chatelaine, Carol Hamon, Theresa-Dawn
Bright, Stephen Morgan, Sydney Hilton, representing Seahorse Residents; Bill Loewy,
representing Habitat for Humanity; Raymond Fries, Ron Miller, representing Upper Keys
Citizens Association; Joanie Nelson, Clark P. Turner, representing the Department of
Community Affairs; Donald Craig and Jim Hendrick. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy approving Staff
Recommendations. Roll call vote unanimous.
A Public Hearing was held regarding the Issuance of Certificate or Public Convenience
and Necessity (COPCN) to Keys EMS, Inc. DBA Keys Medical Transports for the operation of
an ALS transport ambulance service for the period December 20, 2006 through December 20,
2008. The following individuals addressed the Board: Leonard Yeager, representing
Atlantic/Key West Ambulance and Danny Coli, representing Keys EMS, Inc. DBA Keys
Medical Tra.nsports. After discussion, motion was made by Commissioner Murphy and
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seconded by Commissioner Neugent granting approval of the item. Roll call vote was
unammous.
WASTEWATER ISSUES
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Resolution electing to use the uniform method of collecting non-ad valorem
special assessments levied within the unincorporated area ofthe county; stating a need for such
levy; providing for the mailing of this Resolution; and providing for an effective date Motion
carried unanimously.
RESOLUTION NO. 635-2006
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to
table adoption of a Resolution clarifying the Capital Budget Process and the intent of the Monroe
County Board of County Commissioners. Motion carried unanimously.
Then~ being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, lorida