04/18/2007 Regular
MINUTES
OF THE MONROE COUNTY
BOARD 0]11' COUNTY COMMISSIONERS
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Regular Meeting
Board of County Commissioners
Wednesday, April 18, 2007
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey 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 at the
meeting were Thomas Willi, County Administrator; Danny L. Kolhage, Clerk; Isabel C. DeSantis,
Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Moti.on was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presl~ntation of Mayor's proclamation declaring the week of June 29 -July 5, 2007 as
National Clean Beaches Week.
Presentation of Mayor's proclamation declaring April 22-28, 2007 as National Crime
Victims' Rights Week.
Presentation of Mayor's proclamation declaring Tuesday, May 1,2007 as Law Day USA.
Presentation of Mayor's proclamation declaring the month of April 2007 as Water
Conservation Month in Monroe County.
Presentation of May or's proclamation declaring Tuesday, April 24, 2007 as Equal Pay
Day in Monroe County.
Preslmtation of Mayor's proclamation declaring the month of April 2007 as Fair Housing
Month in Monroe County.
Preslmtation of the 2006 Employee of the Year Award to Beth Leto, Assistant Director,
Public Works Division.
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Pres,entation of Employee of the Month Award for February 2007, to Norma Edwards,
Personal Care Provider, In-Home Services Program, Social Services Department, Community
Services Division.
Pres,entation of Mayor's Proclamation declaring May 10, 2007 as World Lupus Day.
Pres,entation of Mayor's Proclamation declaring the week of May 14 through May 20,
2007 as Salvation Army Week.
BULK APPROVALS
Motion was made by Mayor DiGennaro and seconded by Commissioner Spehar granting
approval of the following items by unanimous consent:
Board granted approval and authorized execution of a Joint Participation Agreement,
Contract No. AOQ57, between Momoe County and the Florida Department of Transportation for
100% funding for Security Requirements at the Key West International Airport.
Board granted approval and authorized execution of Purchase Service Order No. 06107-
29 between Momoe County and URS for General Consulting Services for the Key West
International Airport and the Florida Keys Marathon Airport.
Board granted approval to reject all bids and re-advertise for Janitorial Services at Florida
Keys Marathon Airport.
Board granted approval and authorized execution of a U. S. Government Lease for Real
Property, U:ase No. GS-04B-47825, between Monroe County and General Services
Administration (GSA) for Transportation Security Administration (TSA) baggage screening
personnel to utilize office space at the Florida Keys Marathon Airport, effective May 1,2007.
Board granted approval and authorized execution of a Cooperative Agreement between
Momoe County and the National Weather Service for Aviation Weather Observations.
Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. I)
RESOLUTION NO. 126-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 127-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 128-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 129-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5)
RESOLUTION NO. 130-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6)
RESOLUTION NO. 131-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 132-2007
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 133-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 134-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 025-2007 (OMB Schedule Item No. 10)
RESOLUTION NO. 135-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 029-2007 (OMB Schedule Item No. II).
RESOLUTION NO. 136-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 137-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13)
RESOLUTION NO. 138-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No 14)
RESOLUTION NO. 139-2007
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 15)
RESOLUTION NO. 140-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 425-2006 (OMB Schedule Item No. 16).
RESOLUTION NO. 141-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 395-2006 (OMB Schedule Item No. 17).
RESOLUTION NO. 142-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 143-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 144-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 145-2007
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the Mayor to execute an EMS County
Grant and rdated request for grant fund distribution to the State of Florida Department of Health,
Bureau of Emergency Medical Services.
RESOLUTION NO. 146-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and Marathon HM.A., Inc. d/b/a Fisherman's Hospital to reimburse the
Hospital up Ito $1,500.00 for the actual cost of their off-duty employees' services. These services
were provided during a disaster drill held at the Marathon Airport on February 8, 2007.
Board granted approval and authorized execution of an Application for Funding Assistance
reference #2007-LETP-112 between Monroe County and the Florida Department of Law
Enforcement FDLE) concerning a Law Enforcement Terrorism Prevention Program Grant in the
amount of $100,000.00; and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
Board granted approval to award bid and waive technicalities to Humane Animal Care
Coalition, Illi~. and authorized execution of a Contract between Monroe County and Humane
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Animal Can: Coalition, Inc. to operate the Key Largo Animal Control Shelter in the amount of
$264,761.
Board granted approval for the Florida Keys Council for People with Disabilities to hold a
Conference/Seminar on "Serving people who are Deaf or Hard of Hearing -Issues and Answers
for the Florida Keys", May 21, 2007, 8:30 AM -5:00 PM, at the Harvey Government Center,
authorization to spend up to $15,000 to be paid from Disable Parking Fines, and authorization for
the entire Conference/Seminar to be video taped for future showing on Monroe County Channel
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Board adopted the following Resolution requesting that the City of Marathon either
commit to the Joint Project of building a combined Marathon City Hall and a Marathon Branch
of the Monroe County Library, as previously agreed to, or grant suitable land for the library
portion of the Project to the County.
RESOLUTION NO. 147-2007
Said Resolution is incorporated herein by reference.
Board granted approval of the replacement of Fee Schedules for Consulting Agreement
with SCS Engineers for Contract years 08/01/05 -07/31/06 and 08/01/106 -07/31/07.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Guidance Clinic of the Middle Keys, Inc., for wastewater
treatment processing from the Marathon Detention Facility.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the
Big Pine Key Library, Big Pine Key, Florida.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the
George Dolezal Library, Marathon, Florida.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the
Islamorada Library, Islamorada, Florida.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the
Key Largo Library, Key Largo, Florida.
Board granted approval to award bid and purchase one (I) Tree Trimming Aerial Bucket
Truck from Atlantic Truck Center in the total amount of$132,140.00, and adopted the following
Resolution concerning the transfer funds.
RESOLUTION NO. 148-2007
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Said Resolution is incorporated herein by reference.
Board granted approval to award fuel contract for a diesel and unleaded fuel supplier to
low bidder Dion Oil Company, LLC, and authorized Mayor to execute Contract for same.
Board granted approval to transfer title of County vehicle number 0920-493, Serial No.
1B7HC16X3XS218999, to the Pigeon Key Foundation.
Board granted approval and authorized execution of a Contract Renewal Agreement
between Monroe County and General Asphalt Co., Inc., for purchase and delivery of asphalt at a
fixed price to Monroe County, Florida.
Board granted approval of the Receipt of Monthly Report on Change Orders reviewed by
the County Administrator's Office. There were six change orders considered and approved by the
County Administrator for the period beginning March I, 2007 and ending March 3 1,2007,
totaling $91,946.65 Said change orders are incorporated herein by reference.
Board granted approval to advertise a Request for Qualifications for Engineering
Services associated with Stormwater Management.
Board authorized amending Purchase Order and payment of invoices for the upgraded
computer and support for the purchase of70 Dell Optiplex 210 Desktop Computers.
Board granted approval to accept renewal with Arthur 1. Gallagher to provide Liability
Insurance for Bayshore Manor with Lantana Insurance Company at an annual premium of
$17,506.86.
Board granted approval to pay $209,425 renewal premium to Citizens Property Insurance
Corporation for Windstorm Insurance Policy. This policy insures the County's buildings and
contents for damages caused by wind.
Board granted approval to accept proposal from Marsh USA for Property Insurance
package through Lexington Insurance Company and Landmark American Insurance Company
not to exceed a premium of$610,000.00. Marsh is continuing their efforts to obtain more
favorably priced insurance. It is also being requested that authority be granted to Risk
Management to accept an alternative proposal from Marsh if it is believed to provide equal or
superior coverage for a lower premium.
Board granted approval of Commencement Date Agreement as part oflease between
Monroe County and Park Village, LLC.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (Ia Amendment) to
Agreement between Monroe County and Red Barn Actors' Studio, Inc. to revise Exhibit A
-Schedule of events.
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Board granted approval and authorized execution of an Amendment (2nd Amendment) to
Interlocal Agreement between Monroe County and the City of Key West to extend termination
date of the McCoy Indigenous Park Habitat and ADA Improvements project to May 31,2006.
Board granted approval and authorized execution of an Amendment (1st Amendment) to
Agreement between Monroe County and Dove Creek Lodge, LLC covering the Ghost Hunt to
revise dates in Agreement to August 10-1 1, 2007.
Board granted approval and authorized execution of an Amendment (1" Amendment) to
Agreement between Monroe County and Dolphin Research Center, Inc., to extend termination
date to March 31, 2008 and revise Exhibit A.
Board granted approval and authorized execution of an Amendment (2nd Amendment) to
Agreement between Monroe County and the Florida Keys History of Dive Museum, Inc. to revise
termination date of Agreement to September 30,2008.
Board granted approval and authorized execution of an Assignment and Amendment of
Agreement for the October 18,2006 Agreement between Monroe County and Hospice Care of
Southeast Florida, Inc. for the Key Largo Dolphin Blast to Tammie Gurgiolo who is amending
the name and date of the event.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of one (1) year extension to file for final plat approval for
Rockland Investment Corporation, Inc.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the Request for Expenditures from the Law Enforcement Trust
Fund, as follows:
$500.00 Florida Missing Children's Day -These funds will be sued to support the
annual ceremony that honors law enforcement officers and civilians who have assisted in missing
child cases and raises statewide awareness to prevent child abduction and sexual exploitation.
$2,500.00 Gerald Adams Elementary School-Sponsorship of Odyssey of the Mind.
Students learn creative problem-solving methods. This teaches students that they should not
simply try to solve problems but take the next step of enhancing their solutions. Team won the
District competition and is moving on to the State competition.
$500.00 Upper Keys Athletic Association -Help the Little League program raise
money for equipment, umpires and trophies.
COMMISSIONERS' ITEMS
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Board adopted the following Resolution objecting to the construction of coal-fired power
plants in the Everglades Basin.
RESOLUTION NO. 149-2007
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Special Meetings of January 18, 2007 & February 8, 2007, and Regular Meeting of February 21,
2007 (previously distributed).
Board granted approval of the following Warrants (101912-102069 & 515177-516103):
General Fund (001), in the amount of$2,121,69 1.49; Fine & Forfeiture Fund (101), in the amount
of$3,182,087.84; Road and Bridge Fund (102), in the amount of $229,795.74; IDC District Two
Penny (115), in the amount of$208,715.45; TDC Admin. & Promo 2 Cent (116), in the amount of
$1,235,398.81; TDC District 1,3 Cent (117), in the amount of$445,243.20; TDC District 2,3 Cent
(118), in the amount of$16,330.85; TDC District 3,3 Cent (119), in the amount of$1 1,856.57;
TDC District 4,3 Cent (120), in the amount of$18,321.27; TDC District 5,3 Cent (121), in the
amount of$37,202.98; Gov. Fund Type Grants (125), in the amount of $204,964.67; Impact Fees
Roadways (130), in the amount of$55,626.75; Fire & Amb Dist 1 L&M Keys (141), in the amount
of $72,965.00; Upper Keys Health Care (144), in the amount of$908.64; Fire & Amb Dist 6 Key
Largo (146), in the amount of$154.39; Uninc Svc Dist Parks & Rec (147), in the amount of
$34,704.36; Plan, Build, Zoning (148), in the amount of$142,695.00; Municipal Policing (149), in
the amount of$505,326.41;911 Enhancement Fee (150), in the amount of$7,434.83; Duck Key
Security (152), in the amount of$3,648.67; Local Housing Assistance (153), in the amount of
$62,597.72; Boating Improvement Fund (157), in the amount of$28,254.88; Misc. Special
Revenue Fund (158), in the amount of$52,823.71; Environmental Restoration (160), in the amount
of$14,287.72; Law Enforcement Trust (162), in the amount of $20,000.00; Marathon Municipal
Service (166), in the amount of$150.65; Bay Point Wastewater MSTU (168), in the amount of
$15.70; Big Coppitt Wastewater MSTU (169), in the amount of$183.80; Key Largo Wastewater
MSTU (170), in the amount of $1,282.53; Stock Island Wastewater, (171), in the amount of
$7,000.00; Conch Key MSTU, (174), in the amount of$37.44; 1 Cent Infra Surtax (304), in the
amount of$3,244,663.99; 2003 Revenue Bonds (307), in the amount of$126,343.91; Card Sound
Bridge (401), in the amount of$20,943.68; Marathon Airport (403), in the amount of$678,883.92;
Key West Inti. Airport (404), in the amount of$I,43 1,664.95; KW AlP Series 2006 Bonds (405),
in the amount of$549,616.50; MSD Solid Waste (414), in the amount of$l, 170,372.03; Worker's
Compensation (501), in the amount of$8,797.63; Group Insurance Fund (502), in the amount of
$190,889.25; Risk Management Fund (503), in the amount of$1 12,988.68; Fleet Management
Fund (504), in the amount of$127,852.51; Fire & EMS LOSAP Trust Fund (610), in the amount
of$I,02000.
Board granted approval of the following Tourist Development Council Expenditures for
the month of March, 2007: Advertising, in the amount of$I,332,668.63; Bricks &
MortarlInterlocal Projects, in the amount of$102,072.00; Visitor Information Services, in the
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amount of$59,147.36; Events, in the amount of$102,615.03; Office Supplies & Operating
Costs, in the amount of$37,894.96; Public Services, in the amount of $203,992.67; Public
Relations, in the amount of$38,866.47; Sales & Marketing, in the amount of$54,332.97;
Telephone & Utilities, in the amount of $22,646.48; Travel, in the amount of$18,832.56.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the temporary closing of the
Northbound Lanes of US 1 from MM 98.2 to MM 100 from lOAM to 11:30 AM on the 4th of
July, 2007.
RESOLUTION NO. 150-2007
Said Resolution is incorporated herein by reference.
Board granted approval of changes to the Administrative Procedures for the Board of
County Commissioners to include policies on Teleconferencing Public Meetings.
COUNTY ATTORNEY
Board granted approval to advertise a Public Hearing for an Ordinance amending Section
13.5-5, Momoe County Code, by the addition ofRarnrod Park to Section 13.5-5(a); amending
Section 13.5-5(m) in order to add Ramrod Park to the list of parks that allow animals; adding
Section 13.5-5(r); providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Momoe County Code of Ordinances; and providing
an effective date.
Board granted approval and authorized execution of a Settlement Agreement to resolve
Circuit Court Case No. 2005-CA -420-K, Monroe County v. Pedro Martiniano Liz, regarding
unpaid code enforcement liens.
Board adopted the following Resolution authorizing the acceptance of Block H, Lot 10,
Part C of Master Plat of North Marathon Shores from the Monroe County Comprehensive Plan
Land Authority for Affordable Housing.
RESOLUTION NO. 151-2007
Said Resolution is incorporated herein by reference.
Board granted approval of the ratification of and approval for the Mayor to execute a
corrected Agreement for Sale and Purchase approved 07/19/2006 correcting the name of the Seller
to reflect Drive-In, L TD (previously shown as Island Village, LLC), with a leaseback to Islander
Village, LLC as the developer of the affordable housing units, and providing for an access easement
across County property for market rate housing units which should have been included in the
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original Agreement. The effective date of the corrected Agreement would be retroactive to
07/19/2006 when the original Agreement was approved by the Board.
Board granted approval and authorized execution of an Assignment of Covenant of Unity of
Title regarding Lots 50 and 51, Port Antigua Plat No.2, Lower Matecumbe Key, from Monroe
County to Islamorada, Village ofIslands.
Board granted approval to rescind the Memorandum of Agreement between Monroe
County and the City of Key West for employee training that was approved at the February 21,
2007 (Item 0-5) and granted approval and authorized execution ofa corrected Memorandum of
Agreement omitting a section that was previously included but is not applicable.
Board adopted the following Resolution endorsing the candidacy of the Honorable Sandra
E. Taylor, ChiefJudge of the Circuit Court for the 16" Judicial Circuit, to fill a vacancy
on the Third District Court of Appeals.
RESOLUTION NO. 152-2007
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed the Renewal Contract between Monroe County and MBI/K2M
Architecture, Inc. for Architectural Services for Monroe County construction projects where
construction costs do not exceed $1,000,000.00. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy granting approval of the item,
Motion carried unanimously.
The following individual addressed the Board: Diane Beraldson. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval
for the Mayor to sign Consent to filing the Park Village Home Owner's Association Declaration of
Protective Covenants, Restrictions and Easements. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacant position on the Tourist Development Council District III
Advisory Committee for an "At Large" appointment.
The following individual addressed the Board: Roseanne Potter. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval
and authorizing execution of an Amendment (1st Amendment) to Interlocal Agreement between
Monroe County and the City of Key West to extend the termination date for the White Street Pier
Rip Rap Project to March 31, 2008 to allow time to complete the project. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting
approval and authorizing execution of the item. Motion carried unanimously.
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STAFF REPORTS
Communitv Services - Deb Barsell, Director of Community Services and Norma Kula,
Monroe County Director of Libraries provided an update concerning the construction of the
Marathon Library. The City of Marathon is scheduled to discuss this item during their budget
review workshop being held in the Sheriffs Hanger at the Florida Keys Marathon Airport on
Thursday, April 26, 2007 at 9:00 A.M.
MISCELLANEOUS ITEM
Attorney Robert Cintron, representing Lucky's Landing and Sea Horse Trailer Park; and
Bill Loewy addressed the Board concerning mobile home redevelopment. Suzanne Hutton,
County Attorney and Torn Willi, County Administrator discussed the matter.
Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to
reopen the agenda. Motion carried unanimously. Motion was made by Commissioner Spehar and
seconded by Commissioner Murphy to add to today's agenda a Mobile Horne Park Protection
Ordinance to be heard at 4:00 P.M. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor DiGennaro discussed his item concerning the completion of the Freeman Justice
Center project. Honorable Circuit Court Judge Sandra Taylor; Mary Vandenbrook, Court
Administrator; and Dave Koppel, County Engineer discussed the matter.
STAFF REPORTS
Emolovee Services - Teresa Aguiar, Division Director provided an update of the Request
for Proposals concerning the Employee Assistance Program and indicated that the
recommendations would corne before the Board at its' May BOCC meeting for consideration.
Public Works - Dent Pierce, Division Director provided an update of the African Memorial
Project located at Higgs Beach; Work is currently underway for a new park located at
Buttonwood and SugarloafBoulevard; An opening ceremony -date and time to be decided -for
the Big Coppitt Key Park.
Emergencv Services - Jim Callahan, Acting Fire Chief informed the Board of a planned
Statewide hurricane drill to be held on May 8th; Citizens were reminded due to safety issues to
remove their hurricane shutters when hurricane season is over; and announced that Big Pine Key is
considered a high fire alert area.
Growth Management - Andrew Trivette, Acting Director announced that Growth
Management had just completed the division's first newsletter entitled The Director's Desk. Mr.
Trivette also discussed this afternoon's agenda item concerning the Mobile Horne Protection
Ordinance.
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Engineering - Dave Koppel, County Engineer discussed the following matters: Key West
International Airport -500 cubic yards of concrete poured today; Key Largo Wastewater
Treatment District - right of way issue; Card Sound Road Bridges Improvement Project;
Rebuilding of the Higgs Beach Pier in Key West; Pigeon Key Ferry Service RFP; Status of the
Medical Examiner Office construction project; Status of the Murray E. Nelson Building
construction project; and the Big Pine Key perimeter fence.
Budget & Finance - Salvatore Zappulla, Division Director informed the Board that FEMA
had completed their findings for reimbursement concerning Hurricanes Francis, Gene, and Ivan
from the 2004 Hurricane Season; and discussed budget impacts concerning the property tax reform
bill.
Housing & Communitv Develooment - Reggie Paros, Division Director discussed the
Request for Qualifications for four (4) county owned properties -69 units. Suzanne Hutton,
County Attorney discussed the matter. The commercial flight program with Delta Airlines is
going well at the Florida Keys Marathon Airport.
Technical Services - Mickey Baker, Division Director discussed costs savings for County
issued cellular phone bills from Sprint/Nextel; a proposed new contract with BellSouth to combine
phone service for certain constitutional officers; Workstations are being recycled to be used in the
Senior Centers; and new software is being installed for use in the Growth Management Permitting
Offices.
COMMISSIONERS' ITEMS/MONROE COUNTY SHERIFF DEPARTMENT
Commissioner Murphy discussed her item concerning a request by Dan Kratish, President
of the Monroe County Education Foundation who addressed the Board regarding a SAFF (Sheriffs
Shared Asset Forfeiture Fund Advisory Board) grant to Monroe Youth Challenge Program
(MYCP). Bill Loewy addressed the Board. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Spehar granting approval of the Fiscal Year 2007
recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. Said
recommendations are incorporated herein by reference. Motion carried unanimously.
AIRPORT
Peter Horton, Director of Airports discussed a lease renewal for the Boys & Girls Club of
the Keys (Teen Center), situated on the Key West International Airport. The following individuals
addressed the Board: Diane Beraldson and Dan Dombroski, representing the Boys & Girls Club of
the Keys. Tom Willi, County Administrator discussed the item.
COMMISSIONERS' ITEMS
Commissioner Murphy discussed her item regarding the decision on two February 21,
2007 Administrative Relief items. The Board approved five Administrative Relief items. Two
applicants for the relief were verbally informed their applications were approved, but did not
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understand that they were approved for purchase. The following individuals addressed the
Board: David Rowland and Hal Fried. Andrew Trivette, Acting Director Growth Management
Division and Tom Willi, County Administrator discussed the item. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Murphy to reconsider the
decision of February 21,2007 at the May Board meeting in Key Largo at 3.00 P.M. Motion
carried unanimously.
Mayor DiGennaro excused himself from the meeting.
Commissioner Murphy discussed her item regarding the decision of the color to be used on
the I8-Mile Stretch barrier. After discussion, motion was made by Commissioner Neugent and
seconded by Mayor Pro Tern Spehar to paint the median barrier light blue teal. Motion carried
unanimously, with Mayor DiGennaro not present. The following individual addressed the Board:
Pauline Klein.
COUNTY ADMINISTRATOR
* Tom Willi, County Administrator discussed the volume of Public Hearings scheduled to
be heard at the May 16, 2007 BOCC meeting in Key Largo. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Murphy to hold the Public Hearings on
Tuesday, May 15, 2007 at 3.00 P.M. and 5:00 P.M. in Key Largo. Motion carried unanimously,
with Mayor DiGennaro not present.
The Mayor returned to the meeting and took his seat.
Mr. Willi discussed the vacant Fire Marshal position. Mr. Willi informed the Board that he
will be on vacation May 3 -11, 2007.
W ASTEW A TER ISSUES
Thomas Dillon, Attorney for the Key Largo Wastewater Treatment District updated the
Board concerning Key Largo Wastewater Treatment District projects and problems with Monroe
County's right-of-way permitting process. The District is requesting that the BOCC direct the
Public Works Department to rescind its practice of delaying right-of-way permits and imposing
unauthorized conditions on them. Dave Koppel, County Engineer; Chuck Fish burn, General
Manager of the Key Largo Wastewater Treatment District; Liz Wood, Sr. Administrator -Sewer
Projects; and Tom Willi, County Administrator addressed the Board. No official action was taken.
The item was referred to the County Engineer for handling.
Liz Wood, Sr. Administrator - Sewer Projects addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting
approval for the FKAA to install the collection system for Shark Key, located within the Big
Coppitt Service Area. Review ofFKAA policy indicated that installation of facilities on private
property is permissible when a utility easement is granted. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Spehar granting approving the item. Roll
call vote was unanimous.
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Liz Wood, Sr. Administrator - Sewer Projects addressed the Board. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting
approval to execute Key Largo Wastewater Treatment District Waiver of Wastewater Service and
Acknowledgment of Potential Costs for Momoe County properties in Key Largo. Tier 1
conservation properties not intended for development do not require wastewater service. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy
granting approval of the item. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of Key Haven Boulevard
according to the Plat of Key Haven (Raccoon Key), Plat Book 4, Page 46, of the Public Records
ofMomoe County, Florida and as depicted in the Special Purpose Survey Drawing No. 05-520 as
updated on 2/12/07. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 153-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 6 of
the Momoe County Code entitle "Buildings and Construction" by amending Sec. 6-85 repealing
term limits for members of the Contractors Examining Board; providing for incorporation into the
Momoe County Code of Ordinance; providing for an effective date. There was no public input.
Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 2.1-6
entitled "Alcoholic Beverages" adding Section 2.1-6; providing that wherever alcoholic beverages
are sold, warning signs shall be posted about the dangers to unborn children of women who drink
alcoholic beverages while pregnant; providing for enforcement and penalties; providing for
severability; providing for repeal of inconsistent provisions; providing for inclusion in the Monroe
County Code of Ordinances, providing for filing with the Secretary of State; providing for an
effective date. There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 006-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving an lnterlocal
Agreement with the City of South Miami Health Facilities Authority and authorizing its execution
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and delivery by the Mayor or his designee; approving the issuance and sale by the City of South
Miami Health Facilities Authority of its Revenue Bonds for the benefit of Mariners Hospital, Inc.
pursuant to such Interlocal Agreement as required by Section 147(F) of the Internal Revenue
Code, as amended; and providing for other related matters. There was no public input. Motion
was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the
following Resolution. Motion carried unanimously. Suzanne Hutton, County Attorney addressed
the Board.
RESOLUTION NO. 154-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the request for
Administrative Relief for Rodolfo Martinez on Lot 18, Block 17, Cutthroat Harbor Estates 1 st
Addition, Cudjoe Key, RE #00186610.000000 in the form of one (1) dwelling unit allocation
award. There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 155-2007
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item concerning a Resolution authorizing the waiver of
building permit and application fees for the Affordable Housing Developments, pursuant to Momoe
County Code, Sec. 6-27(d)(2) and Sec. 6-27(e). The following individuals addressed the Board:
Ron Miller, representing Upper Keys Citizens Association; Diane Beraldson, Ed Swift, Bill Loewy,
Donna Windle, Bob Calhoun, representing Habitat for Humanity -Key West and Lower Keys;
Nonna Jean Sawyer-Atanda, representing Bahama Conch Community Land Trust; John
Dolan-Heidinger, representing Keys Federal Credit Union, and Rudy Krause. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the
following Resolution. Roll call vote was taken as follows:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 156-2007
Said Resolution is incorporated herein by reference.
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COUNTY ADMINISTRATOR
Commissioner Murphy discussed a Resolution to accept the recommendations in the report
ofMr. Gordon West and Mr. Leo Roomets, and to direct the Senior Leader Team to incorporate
these recommendations into the direction of the Sterling Program. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following
Resolution. Dawn Acker, Project Manager addressed the Board. Motion carried unanimously.
RESOLUTION NO. 157-2007
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
The Board accepted the written April 2007 Litigation Report dated April II, 2007 from
Suzanne Hutton, County Attorney. Ms. Hutton informed the Board that interviews for a new
Growth Management Attorney were ongoing. Ms. Hutton discussed a dispute with the City of Key
West conceming stormwater fees at the Key West International Airport and indicated a joint
City/County meeting would need to be held on the matter.
The Board discussed the approval to go out for bid to sell the Hickory House property and
to place two newspaper ads for same. The following individuals addressed the Board: Pauline
Klein, Harry Miller, Ron Miller, Daniel McMahon, Vanessa Linsley, representing Florida Yacht
Charters; Mike Cunningham and Larry Gardner. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner McCoy to approve the item. Roll call vote
was unarumous.
The Board discussed the Mobile Home Park Protection Ordinance. The following
individuals addressed the Board: Pauline Klien, representing the Island of Key Largo Federation of
Homeowner's Association; Ron Miller, Diane Beraldson, Ed Swift, Bill Loewy, and Mike
Cunninghan. Andrew Trivette, Acting Growth Management Director discussed the item. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to
table this item. Roll call vote was taken with the following results:
Comrnissioner McCoy Yes
Comrnissioner Murphy No
Commissioner Neugent No
Commissioner Spehar No
Mayor DiGennaro Yes
Motion failed. Motion was then made by Commissioner Spehar and seconded by Commissioner
Murphy to he:ar this item at the May Board meeting in Key Largo. Roll call vote was taken with
the following results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent No
84
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
Suzanne Hutton, County Attorney addressed the Board and requested a Closed
Executive Session of the Board of County Commissioners be held in the matter of Thomas
Collins et al. v. Momoe County, CAM 04-37. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to hold the Closed Session on
Thursday, May 17, 2007 beginning at 10:00 A.M. in Marathon. Motion carried unanimously.
COUNTY ADMINISTRATOR
· Tom Willi, County Administrator informed the Board that the Public Hearings approved
earlier today for Tuesday, May 15, 2007 at 3 :00 and 5:00 P.M. in Key Largo must be scheduled to
Monday, May 21, 2007 beginning at 3 :00 P.M. in Marathon. Motion was made by Commissioner
Murphy and seconded by Commissioner Spehar to hold the Public Hearings on Monday, May 21,
2007 beginning at 3.00 P.M. in Marathon. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed, for clarification purposes, the reasons for the termination of the
Cudjoe Key Lease to house the Growth Management Division in relation to the issues discussed at
the March 21 st BOCC Meeting, which included finances, but the discussion did not expressly set
forth finances as the basis for termination. The following individual addressed the Board: Walter
Drabinski, wpresenting Vantage Property Developers, LLC. After discussion, motion was made by
Commission,er Murphy and seconded by Commissioner Spehar that the decision to terminate the
Cudjoe Key Lease is due to lack of funding to maintain staff in both locations. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment
for Key West International Airport Fund 404, and KW ALP Series 2006 Bonds Fund 405. There
was no publk input. Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 158-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment
for the General Revenue Fund 001 & the Fine & Forfeiture Fund 101 to transfer the Trauma Star
Helicopter revenue and expenditures from 00 I to 101. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
85
RESOLUTION NO. 159-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution repealing Resolution No.
389-2005, and any other Fee Schedules inconsistent herewith, and amending the Planning and
Environmental Resources Department Fee Schedule to establish a fee for reviewing applications for
exemptions and waivers to the inclusionary housing requirement in Section 9.5-266 of the Monroe
County Code, to provide a reasonable recovery of the costs incurred to the Growth Management
Division in staff time and materials expended for providing such service to the parties receiving the
benefits of the review, and thus, Where reducing the burden currently being borne by the taxpayers
at large; providing for an effective date of April 28, 2007. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 160-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9.5-22(h)(2) of the Momoe County Code; Planning Commission Meetings, Hearings and
Procedure; providing for severability; providing for the repeal of all Code provision and Ordinances
inconsistent with this Ordinance; providing for inclusion in the Momoe County Code; providing for
the transmittal of this Ordinance to the State Department of Community Affairs; and providing for
an effective date upon approval of this Ordinance by the State Department of Community Affairs
There Board accepted public input with the following individual addressing the Board: Pauline
Klein. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 007-2007
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed a Settlement Agreement Addendum in the matter of Department of
Community Affairs v. Momoe County School Board, Kitty Wasserman, BHF Corporation, and
Monroe County, Case No. APP-92-06I, DOAH Case No. 93-1316, requested by the Big Pine
Neighborhood Charter School, requesting an increase from 140 students to 200 students and from
Pre-Kindergarten through 3,d Grade to Pre-Kindergarten through 8th Grade. Andrew Trivette.
Acting Growth Management Director discussed the matter. After discussion, motion was made by
Commissione:r Murphy and seconded by Commissioner Spehar granting approval and authorizing
execution of the item. Motion carried unanimously.
Andrt~w Trivette, Acting Growth Management Director addressed the Board concerning
direction to Growth Management staff to examine their fee structure for all services provided by
the Division in order to make sure that the fees are commensurate with the costs to the Division to
provide the sllrvice. After discussion, motion was made by Commissioner Murphy and seconded by
86
Commissioner McCoy authoring the examination of the fee structure for all services. Motion
carried unanimously.
Suzanne Hutton, County Attorney informed the Board that the item concerning the brick
facade for the Freeman Justice Center was not in final form for Board consideration.
There 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, Florida
~o.LJ C. @Jj~
Isabel C. DeSantis, DePuty Clerk