03/21/2007 Regular
48
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 21, 2007
Marathon, Florida
A Closed Session of the Monroe County Board of County Commissioners convened at
8:30 A.M., with the Regular Meeting beginning 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 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.
CLOSED SESSION
Suzanne Hutton, County Attorney announced that pursuant to Florida Statute, 286.011(8)
the following session was closed to the public:
An Attorney Client Closed Session of the Board of County Commissioners in the matter
of EEOC v. Monroe County, Case No. 510-200-04265.
An Attorney Client Closed Session of the Board of County Commissioners in the matter
of Lloyd Good v. Monroe County, Case No. CA K 01-977.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried
unanimously.
Presentation of a Mayor's proclamation proclaiming March, 2007 as Seagrass Awareness
Month.
Presentation of a Mayor's proclamation recognizing the week of February 25, 2007 as
Pace Center for Girls Week.
Presentation of a Mayor's proclamation declaring March 18, 2007 as Roy B. Gonas Day
in Monroe County.
Presentation of a Mayor's proclamation recognizing April 2 - 6, 2007 as Juvenile Justice
Week.
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BULK APPROVALS
Board granted approval to submit Passenger Facility Charge Application #13 to the
Federal Aviation Administration.
Board granted approval for Friendship Airways, Inc., d/b/a Yellow Air Taxi, to rent space
in the Terminal Building at the Terminal Building at the Key West International Airport on a
month to month basis.
Board granted approval and authorized execution of an Agreement for Professional
Services between Monroe County and URS Corporation Southern for Professional Services as
General Airport Consultant for the Key West International Airport and Florida Keys Marathon
Airport.
Board granted approval and authorized execution of Purchase Service Order No. 06/07-
22 between Monroe County and URS for Airline Service Task Force Support for the Florida
Keys Marathon Airport.
Board granted approval to revise Sections 7.01 C (1) and 7.07 of the Personnel Policies
and Procedures so that the effective date for the payout of annual leave and sick leave be
changed from September to April each year.
Board granted approval and authorized execution of an Amendment to Agreement to
extend the current Employee Assistance Program Agreement for three months with the Mental
Health Care Center of the Lower Keys, Inc., d/b/a Care Center for Mental Health.
Board granted approval and authorized execution of a Renewal 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 Renewal Agreement between
Monroe County and Master Mechanical Services, Inc. for the central air conditioning
maintenance and repair for the Upper Keys Facilities.
Board granted approval of the monthly report on Changes Orders reviewed by the County
Administrator's Office. Said report is incorporated herein by reference.
Board granted approval to purchase eight (8) Panasonic CF19 Toughbook computers to
be used for Monroe County Fire Rescue's (MCFR) Electronic Patient Care Reporting (EPCR)
System in the amount of $29,743.92. This purchase is from an approved State of Florida vendor,
Insight Public Sector, Inc., holding Contract No. 250-000-03-1, and therefore is exempt from
competitive bidding per Chapter 7(B), Monroe County Purchasing Policy.
Board granted approval of a Memorandum of Agreement for Participating Miami UASI
Grant FY 2006 Agencies between Monroe County and the City of Miami concerning a United
States Department of Homeland Security's Office of Grants & Training (OG&T), through the
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State of Florida Division of Emergency Management (DEM) subgrant (Agreement No. 07DS-
5S-11-23-02-379) in the amount of $516,277.00, and authorization for the County Administrator
to execute and other required documentation in relation to the application process.
Board granted approval and authorized execution of Modification #2 to Grant Agreement
06-DS-3W-II-54-01-309 between Monroe County and the Department of Community Affairs to
reinstate and extend through December 31, 2007, and authorization for the County Administrator
to execute any other required documentation in relation to the application process.
Board granted approval and authorized execution of Modification #1 to Grant Agreement
05-DS-2N-II-54-0 1-466 between Monroe County and the Department of Community Affairs to
reinstate and extend through April 30, 2007, and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Revenue:
Amending Resolution No. 041-2007 (OMB Schedule Item No. I).
RESOLUTION NO. 098-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 586-2006 (OMB Schedule Item No.2).
RESOLUTION NO. 099-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 100-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 101-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5)
RESOLUTION NO. 102-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 103-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 104-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
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RESOLUTION NO. 105-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 106-2007
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 107-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 108-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 109-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 110-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 111-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 112-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 113-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 114-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 115-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 116-2007
Said Resolution is incorporated herein by reference.
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Board granted approval of a General Fund Transfer for the Sheriff: to transfer funds for
FY 2007 between functional distributions in accordance with F.S. Chapter 30.49(2)(a).
Board granted approval to advertise a Public Hearing for a budget amendment for the
General Fund 001 & the Fine & Forfeiture Fund 101 to transfer the Trauma Star Helicopter
revenue and expenditures from 001 to 10 1.
Board adopted the following Resolutions for the Receipt of Unanticipated Funds
(Resolutions to increase developer's portion of projects which are 50% FDOT and 50%
Developer funded):
Receipt of Unanticipated Funds (KWIA Hangar Development).
RESOLUTION NO. 117-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (KWIA Hangar Development Phase II).
RESOLUTION NO. 118-2007
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1 st Amendment) to
Agreement between Monroe County and the Key West Council on the Arts, Inc. to revise
Exhibit A
Board adopted the following Resolution transferring funds (into District III Visitor
Information Services).
RESOLUTION NO. 119-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and Islamorada Village ofIslands in an amount not to exceed $29,975, DAC IV,
FY 2007 Capital Resources for the Founders Park Swimming and Diving Pool complex project.
Board granted approval and authorized execution ofan Amendment (1st Amendment) to
Agreement between Monroe County and Del Brown Invitational Permit Tournament to revise
dates of events.
Board granted approval and authorized execution ofan Amendment (3'd Amendment) to
Agreement between Monroe County and Florida Keys Land and Sea Trust, Inc. to extend
Agreement termination date to September 30, 2007.
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Board granted approval and authorized execution of an Amendment (I st Amendment) to
Agreement between Monroe County and the Marathon Chamber of Commerce to revise scope of
services and compensation.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Islamorada Village ofIslands in an amount not to exceed $55,000, DAC IV,
FY 2007 Capital Resources for the Hurricane Monument Renovation project.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of Contract for Professional Services to
manage removal of invasive exotic plant species on the Florida Keys Overseas Heritage Trail
and Florida Scenic Highway Right-of-Way between Monroe County and Aquatic Vegetation
Control, Inc., the recommended contractor by the Selection Committee.
Board granted approval of a request by Vantage Property Development, LLC, for a
floodplain variance to Section 9.5-317(2) b, in order to construct a 6,842 square foot CBS ground
level enclosure for parking of vehicles below an elevated building at 21460 Overseas Highway,
Cudjoe Key, RE#00175110.000000.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the Request for Expenditures from the Law Enforcement Trust
Fund, as follows:
$1,000.00 KWHS Operation Graduation - These funds will be used to provide a safe
drug and alcohol free celebration to recognize the achievements of our graduating seniors.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the write-off of a $13 ,750.00 SHIP
second mortgage, formerly secured by the property located at 804 Oakland Avenue, Key Largo,
Florida.
RESOLUTION NO. 120-2007
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the write-off of a $14,000.00 SHIP
second mortgage, formerly secured by the property located at 137 Atlantic Avenue, Key Largo,
Florida.
RESOLUTION NO. 121-2007
Said Resolution is incorporated herein by reference.
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Board adopted the following Resolution approving the Local Housing Assistance Plan as
required by the Sate Housing Initiatives Partnership Program Act, Subsections 420.907-
420.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administrative Code; authorizing
the submission of the Local Housing Assistance Plan for review and approval by the Florida
Housing Finance Corporation; and providing an effective date.
RESOLUTION NO. 122-2007
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution supporting the placement of a name place sign
welcoming the military near the entrance to Boca Chica Naval Base.
RESOLUTION NO. 123-2007
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's appointment of Rita Irwin to the
Tourist Development Council, replacing June Helbling who resigned, with a term expiring
August 17, 2008.
Board granted approval of Commissioner Neugent's item directing Staff to report back to
the Board of County Commissioners a plan with costs on developing and maintaining a passive
park located in Sugarloaf Shores on SugarloafBoulevard and Buttonwood on County owned
property.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meeting of January 17, 2007 (previously distributed).
Board granted approval of the following Warrants (101831-101908 & 514053-515176):
Gilneral Fund (001), in the amount of$1,910,335.41; Fine & Forfeiture Fund (101), in the
amount of$3,204,989.87; Road and Bridge Fund (102), in the amount of$75,484.97; TDC
District Two Penny (115), in the amount of$469,414.30; TDC Admin. & Promo 2 Cent
(116), in the amount of$414,384.01; TDC District 1,3 Cent (117), in the amount of
$157,077.05; TDC District 2, 3 Cent (118), in the amount of$8,776.54; TDC District 3, 3
Cent (119), in the amount of$52,41O.95; TDC District 4, 3 Cent (120), in the amount of
$85,597.28; TDC District 5, 3 Cent (121), in the amount of$11,004.74; Gov. Fund Type
Grants (125), in the amount of $264, 199. 10; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $99,603.79; Upper Keys Health Care (144), in the amount of$883.60; Fire & Amb
Dist 6 Key Largo (146), in the amount of$2,204.39; Uninc Svc Dist Parks & Rec (147), in the
amount of$136,669.47; Plan, Build, Zoning (148), in the amount of$239,383.72; Municipal
Policing (149), in the amount of$509,087.58; 911 Enhancement Fee (150), in the amount of
$5,726.62; Duck Key Security (152), in the amount of$4,160.51; Local Housing Assistance
(153), in the amount of$31,702.57; Boating Improvement Fund (157), in the amount of
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$2,435.00; Misc. Special Revenue Fund (158), in the amount of$62,386.81; Environmental
Restoration (160), in the amount of$6,629.81; Bay Point Wastewater MSTU (168), in the
amount of$66.55; Big Coppitt Wastewater MSTU (169), in the amount of$289.55; Key
Largo Wastewater MSTU (170), in the amount of $175,443.46; Stock Island Wastewater,
(171), in the amount of$23,987.55; Conch Key MSTU, (174), in the amount of$48.70; 1 Cent
Infra Surtax (304), in the amount of $389,092.49; 2003 Revenue Bonds (307), in the amount of
$581,883.18; Card Sound Bridge (401), in the amount of$8,921.08; Marathon Airport (403),
in the amount of$I,049,604.61; Key West IntI. Airport (404), in the amount of$261,167.46;
KW AlP Series 2006 Bonds (405), in the amount of$12,141.06; MSD Solid Waste (414), in
the amount of$I,253,137.52; Worker's Compensation (501), in the amount of$I,764.11;
Group Insurance Fund (502), in the amount of$127, 137.26; Risk Management Fund (503),
in the amount of $40,723.17; Fleet Management Fund (504), in the amount of$135,056.87.
Board granted approval of the following Tourist Development Council Expenditures for
the month of February, 2007: Advertising, in the amount of$625,323.15; Bricks &
MortarlInterlocal Projects, in the amount of$632,409.85; Visitor Information Services, in the
amount of$56,039.98; Events, in the amount of$218,109.19; Office Supplies & Operating
Costs, in the amount of $26,040.59; Public Relations, in the amount of $153,595.00; Sales &
Marketing, in the amount of$47,538.67; Telephone & Utilities, in the amount of $26,451.18.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval and authorized execution of Consent to Assignment of Lease
Agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from Robert
Defield, Assignor to David Rice, Assignee.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Matthew Schulte and David Rice, Tenants, for hangar space at the Florida Keys
Marathon Airport.
Board granted approval and authorized execution of the First Amendment to Agreement
dated March 15, 2006 between Monroe County and Ira Libanoff, Esq., consolidating into one
Agreement the attorney's representation of the County on the Tropex Construction Services Inc.
and five other matters which were previously billed under letters of engagement or other less
formal agreements, and adds additional timekeepers in order to provide legal services.
Board granted approval of payment (Invoice No. 1819680) to Greenberg Traurig, PA in
the amount of$30,047.48 as payment for professional legal services on behalf of Monroe County
in Florida Keys Citizens Coalition & Last Stand v. Monroe County and DCA.
Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter
6 of the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-85
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repealing term limits for members of the Contractors Examining Board; providing for
incorporation into the Monroe County Code of Ordinances; providing for an effective date.
Board granted approval to advertise a Public Hearing for an Ordinance amending Chapter
2.1 entitle "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 provision; providing for inclusion
in the Monroe County Code of Ordinances; providing for filing with the Secretary of State;
providing for an effective date.
Board granted authorization for County Attorney's Office to execute letter dated
February 23, 2007 clarifying past billing rates and setting billing rates for period beginning
February 1,2007 through January 31, 2008 with Paul, Hasting, Janofsky & Walker for work
performed on Emmert v. Monroe County, CA P 02-520; Collins v. Monroe County, CA M 04-
379; and Galleon Bay v. Monroe County, CA K 02-595.
Board adopted the following Resolution authorizing the acceptance of Block 3, Lots 2, 3,
and 4 of Silver Shores Estates, Ramrod Key, Florida from the Monroe County Comprehensive
Plan Land Authority for use as a park.
RESOLUTION NO. 124-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the First Amendment to Agreement
between Monroe County and K. Marlene Conaway to provide expert witness testimony.
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of Key Haven Boulevard according
to the Plat of Key Haven (Raccoon Key), Plat Book 4, Page 46, of the Public Records of Monroe
County, Florida and as depicted in the Special Purpose Survey Drawing No. 05-520 as updated
2/12/07.
RESOLUTION NO. 125-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Settlement Agreement between
Monroe County and Eager Family Limited Partnership.
Board granted approval and authorized execution of the First Amendment to Contract
between Monroe County and the Monroe County Sheriffs Office for law enforcement and
security services at the Key West International Airport and the Florida Keys Marathon Airport
for the purpose of compliance with specific grant language.
Motion carried unanimously.
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MISCELLANEOUS BULK APROV ALS
The Board discussed the preparation of a Lease Agreement with the Middle Keys
Experimental Aircraft Association, Inc. (BAA) for a site at the Florida Keys Marathon Airport
for an Aviation Museum and from which to conduct other aeronautical activities. James R.
Paros, Director Housing & Community Development discussed the matter. After discussion,
motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting
approval of the item. Motion carried unanimously.
The Board discussed advertisement of a Budget Amendment for Key West International
Airport Fund 404, and KW AlP Series 2006 Bonds Fund 405. Sal Zappulla, Budget & Finance,
Division Director discussed the matter. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Neugent granting approval ofthe item. Motion carried
unanimously
The Board discussed the approval to reject proposals and to re-advertise for the
Temporary Ferry Service between the City of Marathon and Pigeon Key. The following
individuals addressed the Board: Bob Mowder, representing Quality Boats; Bill Hauck,
President of Amy N., Inc.; and Diane Beraldson. Dave Koppel, County Engineer and Suzanne
Hutton, County Attorney discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent to reject the proposals and re-
advertise for the Temporary Ferry Service between the City of Marathon and Pigeon Key.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Gordon West, Consultant gave a presentation of his review concerning the Sterling
process. The following individuals addressed the Board: Sue Heim and Ron Miller. Tom Willi,
County Administrator discussed the status of the Sterling process with the Board. No official
action was taken.
BUDGET & FINANCE
The following individuals addressed the Board: Jackie Harder, representing the Key
Largo Chamber of Commerce; and Mike Shipley, representing the Lodging Association. The
Board agreed that today's presentation concerning issues that will be part of the proposed Fiscal
Year 2008 Budget with guidance from the Board of County Commissioners of how they wish to
approach these issues, be discussed at the Board's upcoming workshop scheduled for April 4,
2007 at the Marathon Government Center at 10:00 A.M.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval to pay Professional Service Industries, Inc. (PSI) for Geotechnical Engineering
Services for the McCoy Terminal Complex at the Key West International Airport, in the amount
of$19,900. Motion carried unanimously.
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STAFF REPORTS
Community Services - Deb Barsell, Community Services Director reported to the that all
of the departments in the Community Services are working toward reduction of spending in the
General Fund; reported on the number of residents who reside at Bayshore Manor - and that a
revised policy and procedures manual is being completed that will come before the Board for
consideration in May; Social Services is seeking grant funding for elderly Momoe County
citizens who suffered losses in the 2005 hurricane season; the Library Advisory Board met
yesterday and requested to meet to discuss the Marathon Library; the number of Momoe County
library card holders equaling 55% of the county's population.
W ASTEW A TER ISSUES
Elizabeth Wood, Senior Administrator - Sewer Projects addressed the Board. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy
granting approval and authorizing execution of State Financial Assistance Agreement Momoe
County DEP Agreement No. LP6803 - State of Florida Grant Assistance Pursuant to Line Item
1818 of the 2006-2007 General Appropriations Act in the amount of$10,962,000. Motion
carried unanimously.
Ms. Wood updated the Board concerning the status of the sewer project located at Harbor
Shores Development.
GROWTH MANAGEMENT
Drew Trivette, Acting Growth Management Director addressed the Board. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
to adopt the following Resolution approving the request by Mote Marine Laboratory, Inc. for an
exemption of 1,152 square feet from the Non-Residential Rate of Growth Ordinance (NROGO)
permit allocation system, in accordance with Policy 101.3.4 of the Momoe County Year 2010
Comprehensive Plan. The property is located at 24244 US Highway I, Summerland Key, Florida
and is legally described as lots 14-20, Block 2, Summerland Key Cove Addition No.2,
Summerland Key, Momoe County Florida, having real estate numbers 00190870.000000;
00190880.000000; 00190890.000000; 00190900.000000; 00190910.000000; 00190920.000000
& 00190930.000000. Motion carried unanimously.
RESOLUTION NO. 096-2007
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item regarding the many properties of substandard
size that were damaged in the Lower Keys and especially in the Big Coppitt area. Direct staff to
research the effect of allowing a rezoning to occur on contiguous substandard lots of less than (_
)5,000 sq ft. when combined to create lots of greater than 5,000 sq. ft. to have multiplex zoning.
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Drew Trivette, Acting Growth Management Director addressed the Board. This item was
referred to Staff.
Commissioner Neugent discussed his item regarding the dedication of affordable building
permits in Big Pine Key to a proposed Workforce Housing project on property owned by Mr.
Richard Beal of Big Pine Key. Drew Trivette, Acting Growth Management Director; Tom
Willi, County Administrator; and Suzanne Hutton, County Attorney addressed the Board. No
official action was taken.
GROWTH MANAGEMENT
Rich Jones, Senior Marine Planner introduced Julia Trevarthen, with the South Florida
Regional Planning Council who gave a presentation of alternative strategies and a request for
further direction for a working waterfronts preservation policy and "No-Net-Loss" ordinance
development. George Garrett, Marine Resources Director discussed the matter. The following
individuals addressed the Board: Bruce Popham, representing the Marathon Boat Yard; David
DeHaas, Peter Bacle, Bill Spottswood, and Scott Zimmerman, representing the Florida Keys
Commercial Fishermen's Association. The Board agreed to discuss this item at the next
workshop.
Drew Trivette, Acting Growth Management Director discussed with the Board direction
to Staff, based on a request from the Planning Commission, to begin investigation and conduct
public workshops to analyze possible amendments to the Big Pine/No Name Key Community
Master Plan. Staff further requests direction on which items need to be included as part of the
discussion based on input the BOCC may have received from residents of Big Pine Key/No
Name Key. This item is continued from the January 17, 2007 meeting. The following individuals
addressed the Board: Sanford Brown, Marney Brown, Bill Spottswood, Joan Borel, Diane
Beraldson, Katie Lyons, Alicia Putney, representing the Key Deer Protection Alliance; Dennis
Henize, representing Last Stand; Mick Putney, Brenda Schneider, Kay Thacker, Kathy Wheeler,
representing the Big Pine Key Civic Association; John Scharch, representing Big Pine True
Value; Joyce Newman, and Jim Cameron, Chairman of the Monroe County Planning
Commission. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy for Commissioner Neugent and Staff to host a series of community
meetings in the Big Pine area to identify issues of concern for consideration by the Board. Roll
call vote was unanimous.
PUBLIC WORKS
Dent Pierce gave a presentation of a request made by Waste Management for an
extraordinary rate adjustment for the operation of the three (3) solid waste transfer stations, and
the haul-out and disposal of municipal solid waste. Suzanne Hutton, County Attorney discussed
the matter. The following individuals addressed the Board: John Albert, representing Waste
Management; and Diane Beraldson. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Spehar authorizing Mr. Pierce to negotiate the matter
with Waste Management and bring back to the Board for consideration. Motion carried
unanimously.
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COUNTY ATTORNEY
The Board discussed the approval for the County Engineer with approval of the County
Attorney to terminate the October 5, 2006 contract with Pavers & Stone, Inc., if the contractor
has not complied with County requests on or before April 4, 2007. The following individual
addressed the Board: Judge Wayne Miller, representing the Florida State Court System. Suzanne
Hutton, County Attorney and Dave Koppel, County Engineer discussed the matter. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar
granting approval of the following Staff Recommendations: Permission to give Pavers & Stone,
Inc. a deadline of April 4, 2007 at noon to produce (1) the new contract signed by Pavers &
Stone, Inc., (2) a payment and performance bond in the amount of $260,872.76, and (3) to
provide shop drawings approved by the Architect. If these three items are not produced, the
BOCC authorizes the termination of the existing contract with Pavers & Stone, Inc. for breach of
the terms of the contract; and simultaneously authorizes the Facilities Development to locate a
new contractor on an emergency basis. The County Attorney and Director of Facilities
Development shall cooperate in the determination of whether or not the deadline has been met
and the contract terminated. The County Attorney shall notifY the contractor of the termination
of the contract if the deadline is not met. Motion carried unanimously.
Mayor DiGennaro and Commissioner Murphy excused themselves from the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider approval of an Ordinance amending Section 11-7,
Monroe County Code, regulating wrecker operators in the unincorporated County who provide
motor vehicle towing and storage services at the request of law enforcement officers; Revising
rates; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and Providing an effective date. The
Board accepted public input with the following individual addressing the Board: Bill Pruitt,
representing Florida Keys Towing. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner McCoy to adopt the following Ordinance. Motion
carried unanimously, with Mayor DiGennaro and Commissioner Murphy not present.
ORDINANCE NO. 003-2007
Said Ordinance is incorporated herein by reference.
seat.
Mayor DiGennaro and Commissioner Murphy returned to the meeting and took their
COMMISSIONERS' ITEMS
Commissioner McCoy discussed his item with the Board to establish a committee for the
purpose of creating a functioning replica of the Florida East Coast Railroad to memorialize this
great achievement for future generations and as an attraction to the uniqueness of this
southernmost part of the United States. After discussion, motion was made by Commissioner
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Neugent and seconded by Commissioner McCoy to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 095-2007
Said Resolution is incorporated herein by reference.
Commissioner Spehar discussed her item with the Board of the on-going discussion
between the City of Marathon and the County Administrator concerning the Marathon
Government Center. Tom Willi, County Administrator discussed the matter. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent to cancel
the lease on the Cudjoe Key property (Vantage Property Development, LLC) and move forward
to investigate the use of the $4 million in grant money for the Marathon Government Center.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning consider the request of North star Resort
Enterprises Corp. to amend the Land Use District Map Amendment from Sub Urban commercial
(SC) to Mixed Use (MU) for a portion of the property legally described as Island of Key largo,
Pt. Lots 5-12-13, Section 6, Township 61S, Range 40E, Monroe County, Florida, having Real
Estate Number: 00083970.000000 in accordance with Map 1 as attached hereafter. This parcel is
split between three (3) Land Use Districts. The Sub Urban Residential (SR) and Native Area
(NA) portions of the parcels shall remain unchanged. The Board accepted public input with the
following individuals addressing the Board: Fred Nickerson, Diane Beraldson, Jim Saunders,
Joel Reed of Reed & Company Development Services, Inc., and representing NorthStar Resorts;
and Kay Thacker. Suzanne Hutton, County Attorney advised the Board that the Memorandum
dated January 17, 2007 from Julianne Thomas, Monroe County Planner is to be included as part
of the record. After discussion, motion was made by Commissioner Murphy to deny the request.
Motion died for lack of a second. After further discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Neugent to table the item. Roll call vote was
unammous.
A Public Hearing was held to consider an extension of the moratorium on the transfer of
recreational vehicle spaces to hotel and motel units off-site The Board accepted public input
with the following individual addressing the Board: Diane Beraldson. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt
the following Ordinance amending Section 9.5-120.6, extending the moratorium on transfer of
recreational vehicle spaces to hotel and motel units off-site; Providing for severability; Providing
for repeal of inconsistent provisions; Providing for an effective date; and providing for
transmittal for codification. Motion carried unanimously.
ORDINANCE NO. 004-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
for the Miscellaneous Special Revenue Fund 158, and the 911 Enhancement Fund, 150. There
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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. 097-2007
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item concerning the U.S. Fish and Wildlife
regarding non-permitted dumping of questionable quality muck within the Crocodile refuge. The
following individuals addressed the Board: Steve Klett, representing the Crocodile Lake
National Wildlife Refuge; and Patty Jones, Public Information Officer for the 18 Mile Stretch
Proj ect.
Commissioner Neugent request that his item be tabled concerning a request for
Commission support to direct Staff to report back to the BOCC on cost to maintain on-going,
year round canal clean-up.
Commissioner Neugent discussed his item concerning an FYI on the proposed
development by Florida Power & Light (FPL) of a coal burning Power Plant located at the head
waters of Lake Okeechobee. The following individual addressed the Board: Debbie Harrison,
representing World Wildlife Fund. A proposed resolution objecting to the construction of coal-
fired power plants in the Everglades basin was disseminated to the Board. Commissioner
Neugent informed the Board that he will agenda this resolution for consideration at the April,
2007 meeting.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator introduced Dawn Aker, Project Manager to the Board.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to re-open the Agenda.
Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by
Commissioner McCoy to continue the hearing to the May 16, 2007 BOCC meeting in Key Largo
at 5:00 P.M. agenda item Tl concerning the request of North star Resort Enterprises Corp. to
amend the Land Use District Map Amendment from Sub Urban Commercial (SC) to Mixed Use
(MU) for a portion of the property legally described as Island of Key Largo, Pt. Lots 5-12-13,
Section 6, Township 61S, Range 40E, Monroe County, Florida. Motion carried unanimously.
Bob Shillinger, Chief Assistant County Attorney addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner McCoy
authorizing the County Attorney's Office to file suit to seek an injunction to enforce the Special
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Master's Order in the matter of Garabet KhatchikianlMarcia Turner Case #: CE06120166.
Motion carried unanimously.
Suzanne Hutton, County Attorney discussed the resignation of special counsel to the
Workforce Housing Task Force, Jerry Coleman. The following individuals addressed the Board.
Diane Beraldson, Fred Nickerson, Kay Thacker. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner McCoy authorizing the County Attorney
to renegotiate a new contract (short-term) with Mr. Coleman. 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.
Mayor DiGennaro and Commissioner Murphy excused themselves from the meeting.
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of the following items:
Proposed Settlement Agreement in the Code Enforcement case of Monroe County,
Florida v. William Jordan and Hazel Jordan, Case No. CE04080089.
Proposed Settlement Agreement in the Code Enforcement case of Monroe County,
Florida v. George C. Merkh Jr., Case No. CE06010082.
Proposed Settlement Agreement in the Code Enforcement case of Monroe County,
Florida v. William and Nellie Fitch, Case No. CE05070050.
Proposed Settlement Agreement in the Code Enforcement case of Monroe County,
Florida v. Loni Ginn, Case No. CE05040036.
Motion carried unanimously, with Mayor DiGennaro and Commissioner Murphy not present.
seat.
Mayor DiGennaro and Commissioner Murphy returned to the meeting and took their
Bob Shillinger, Chief Assistant County Attorney addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting
approval of payment to Greenberg Traurig, P.A. in the amount of$33,391.87 as payment for
professional legal services on behalf of Monroe County in Florida Keys Citizens Coalition &
Last Stand v. DCA and Monroe County, DOAH Case Number 06-2449GM. Motion carried
unanimously.
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Suzanne Hutton, County Attorney and Bob Shillinger, Chief Assistant County Attorney
addressed the Board. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Neugent granting approval of payment of invoices from Paul,
Hasting, Janofsky & Walker totaling $355,683.50 for work performed on Galleon Bay v.
Monroe County, CA K 02-595. Motion carried unanimously.
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
~a.LQO. ffiv~amW
Isabel C. DeSantis, Deputy Clerk