11/20/2002 Regular/OrganizationlS
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
I
2002/294
Regular/Organizational Meeting
Board of County Commissioners
Wednesday, November 20, 2002
Key Largo, Florida
A Regular/Organizational Meeting of the Monroe County Board of County
Commissioners convened at 9:00 A.M., on the above date at the Key Largo Library. Present and
answering to roll call were Commissioner Murray Nelson, Commissioner George Neugent,
Commissioner Humberto 'Bert" Jimenez, Commissioner Dixie Spehar, and Mayor Charles
"Sonny" McCoy. Newly elected Commissioner David P. Rice was, administered the Oath of
Office. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James
Roberts, County Administrator; James Hendrick, County Attorney; County Staff, members of the
press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
PRESENTATIONS
Presentations were made to Mayor McCoy and outgoing Commissioner Jimenez.
COMMENTS FROM COMMISSIONERS
Mayor McCoy and the Board presented outgoing Commissioner Jimenez with a plaque in
recognition and appreciation for his outstanding service to Monroe County.
Board.
The Board presented Mayor McCoy with a plaque/gavel in recognition as Mayor to the
CALL TO ORDER OF 2003 BOARD OF COUNTY COMMISSIONERS
Clerk of Court Danny L. Kolhage administered the Oath of Office to newly re-elected
Commissioner George Neugent.
Mr. Kolhage administered the Oath of Office to newly elected Commissioner David P.
Rice.
The Board proceeded to the selection of the Chairperson and Vice Chairperson of the
Commission. Mayor McCoy nominated Commissioner Spehar as Mayor and Commissioner
Nelson as Mayor Pro-Tem. Motion was made by Commissioner Neugent to close nominations.
Roll call vote was unanimous.
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Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
adopt the following Resolution designating Commissioner Spehar as Mayor/Chairman of the
Board of County Commissioners of Monroe County, Florida, and Commissioner Nelson as Mayor
Pro Tern of the Board of County Commissioners of Monroe County, Florida. Motion carried
unanimously.
RESOLUTION NO. 471-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice
authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other
necessary papers and documents; and that the presently authorized signatures validating County
checks are hereby continued for sixty days from this date in order to meet payroll and other
necessary obligations. Motion carried unanimously.
RESOLUTION NO. 472-2002
Said Resolution is incorporated herein by reference.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Mayor's Proclamation proclaiming November 23rd as National Adoption Day and the
month of November 2002 as National Adoption Month.
Proclamation commending Harry Sawyer, Supervisor of Elections, for exemplary
leadership and administration of the Monroe County Elections office resulting in national
recognition for Monroe County.
Proclamation proclaiming the week of November 17, 2002 through November 23, 2002 as
National Hunger and Homelessness Week.
Proclamation proclaiming November 2002 as National Epilepsy Awareness Month in
Monroe County.
Proclamation proclaiming December 1, 2002 as WORLD AIDS DAY in Monroe County.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the following items:
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Board granted approval to remove surplus equipment from inventory via advertising for
bid, removal and disposal. Said list is incorporated herein by reference.
Board granted approval to award Public Works surplus equipment, excluding Item Nos. 1,
3, and 4 (County Unit Nos. 0940-034, 0944-020, and 0940-170). Said list is incorporated herein
by reference.
Board granted approval and authorized execution of a Joint Use Fueling Facilities
Agreement between Monroe County and the School Board of Monroe County for joint use fuel
facilities and combined bulk fuel purchasing.
Board granted approval to purchase five (5) '/z ton pickup trucks and two (2) 1 ton pickup
trucks from the Florida Sheriff s Association and Florida Association of Counties
vehicle/equipment contracts.
Board granted approval and authorized execution of an Amendment to Memorandum of
Understanding between Monroe County and the Monroe County Sheriffs Office concerning bank
deposits for the Card Sound Toll Authority.
Board granted approval and authorized execution of a Residential Lease for Law
Enforcement Officer between Monroe County and Deputy Sever Hustad to Lease the trailer at
Harry Harris Park for an amount of rent totaling $425.00 per month.
Board granted approval and authorized execution of a Business Lease between Monroe
County and Ships Way, Inc. to continue occupying office space for Commissioner Neugent on
Big Pine Key.
Board granted approval to waive meeting room facility fees as requested by the AARP
who is sponsoring a free service to the taxpayers of the county at the Marathon Government
Center for seven days in January (1/14, 1/15, 1/16, 1/17, 1/22, 1/28, and 1/29) to train
approximately 35 volunteers for tax preparation, and to utilize the BOCC meeting room at the
Harvey Government Center for free tax preparation service to Monroe County citizens for a total
of ten days in February (2/3, 2/10, 2/24, 3/3, 3/10, 3/17, 3/24, 3/31, 4/7, and 4/14). Training
sessions are planned to be eight hours a day, from 9:00 a.m. to 5:00 p.m., and tax preparation to
be four hours a day, from 11:00 a.m. to 3:00 p.m.
Board granted approval to award Contract for Professional Services to G. M. Selby &
Associates, Inc. for Electrical Service Upgrade at Jackson Square. .
Board granted approval to negotiate and enter into a Standard Form of Agreement with
Douglas N. Higgins, Inc. to outfit the Property Appraiser's existing computer room with an FM
200 type fire suppression system.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and William P. Horn Architect, P.A. for the renovation, addition to the
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existing or construction of a new Big Pine Key Fire Station, in the amount of $78,000 subject to
change based on construction cost.
Board granted approval to reject bids and re -advertise for the construction of the Garrison
Bight Bridge fenders.
Board granted approval and authorized execution of the Home and Community Based
Waiver Case Management Referral Agreement between Alliance for Aging, Inc. and the Monroe
County Board of County Commissioners (Monroe County Social Services/In Home Services
Program) for Fiscal Year July 1, 2002 through June 30, 2003.
Board granted approval and authorized execution of a Renewal Vegetative Waste and
Hurricane Debris Agreement between Monroe County and Toppino's, Inc., for debris storage
during an emergency.
Board granted approval to award Solid Waste Management surplus equipment to highest
bidders, excluding Item No. 31 (County ID No. 0973-049) and Item 32 (County ID 972-024).
Said list is incorporated herein by reference.
Board granted approval and authorized execution of a State -Funded Subgrant Agreement,
Contract No. 03CP-11-11-54-01-074, between Monroe County and the Department of
Community Affairs concerning the Hazardous Material Plan.
Board granted approval for the Key West International Airport to fund 50% of a
sound/music system for the Terminal Building, to support the Florida Keys Council of the Arts
Music in the Airport Project.
Board granted approval and authorized execution of an Extension Agreement between
Monroe County and Anthony M. Bona, d/b/a Gardens of Eden for Landscape Maintenance at the
Key West International Airport.
Board granted approval and authorized execution of a Purchase/Service Order No.
02/03-7 between Monroe County and URS to perform a fuel tank assessment at the Key West
International Airport.
Board granted approval of Young Eagles Rally, at the Key West International Airport,
Island City Flying Service, on November 30, 2002, from 9:00 a.m. to 4:00 p.m.
Board granted approval to complete and submit application for Grant Funding for
Residential Substance Abuse Treatment for Local Correctional Facilities to the Florida
Department of Law Enforcement, State Fiscal Year 2003, in an amount not to exceed $20,000.
Board granted approval to accept renewal with Arthur J. Gallagher to provide Airport
Errors & Omissions Insurance at a annual premium not to exceed $15,210.
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Board granted approval of Workers' Compensation Settlement in the amount of
$147,000.00 inclusive of attorney's fees and costs for claim number 025759-LFE for, date of
injury October 26, 1998.
Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of
Unanticipated Funds, and Amending Resolutions:
Amending Resolution No. 070-2002 (OMB Schedule Item No. 1).
RESOLUTION NO. 473-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 474-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 475-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 476-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 477-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 478-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 479-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 480-2002
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 481-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 482-2002
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 483-2002
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 484-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 485-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO.486-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 487-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 488-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 489-2002
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Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 490-2002
Said Resolution is incorporated here in by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 491-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 492-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 493-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 494-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 495-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 496-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 497-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 498-2002
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 499-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 500-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 501-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 502-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 503-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 504-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 505-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 34).
RESOLUTION NO. 506-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 507-2002
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Said Resolution is incorporated herein by reference. II
Transfer of Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 508-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 37).
RESOLUTION NO. 509-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 38).
RESOLUTION NO. 510-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 39).
RESOLUTION NO. 511-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 40).
RESOLUTION NO. 512-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 41).
RESOLUTION NO. 513-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 42).
RESOLUTION NO. 514-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 43).
RESOLUTION NO. 515-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 44).
RESOLUTION NO. 516-2002
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Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 45).
RESOLUTION NO. 517-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 46).
RESOLUTION NO. 518-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 47).
RESOLUTION NO. 519-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 48)..
RESOLUTION NO. 520-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 49).
RESOLUTION NO. 521-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 50).
RESOLUTION NO. 522-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 51).
RESOLUTION NO. 523-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 52).
RESOLUTION NO. 524-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 53).
RESOLUTION NO. 525-2002
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 54).
RESOLUTION NO. 526-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 55).
RESOLUTION NO. 527-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 56).
RESOLUTION NO. 528-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 57).
RESOLUTION NO. 529-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 58).
RESOLUTION NO. 530-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 59).
RESOLUTION NO. 531-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 60).
RESOLUTION NO. 532-2002
Said Resolution is incorporated herein by reference.
Board granted approval to enter into a 60 month lease agreement with Xerox for a new
Engineering Copier Machine.
Board granted approval and authorized execution of Amendment #003 to OAA Contract
#AA-229 (01/01/02 - 12/31/02) 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 (Monroe County In Home Service Program).
LUUL/3U5
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Key West Botanical Garden Society to provide for an extension
to the Agreement until March 15, 2003.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Super Boat International Productions, Inc., covering the City of
Marathon Super Boat Grand Prix 2003 on June 13-15, 2003 in an amount not to exceed $45,922,
DAC III, FY 2003 Third Penny Event Resources and $13,078, Two Penny Special Resources.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Smith Travel Research, Inc. to extend Agreement, allow for change in
compensation and scope of services.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County Friends of Mallory Square to provide for an extension to the
lightingibust Agreement until March 15, 2003.
AIRPORTS
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Birds of Paradise Cleaning Service, Inc. to provide janitorial services at the Florida
Keys Marathon Airport, at a rate of $402.90 per week.
Board granted approval and authorized execution of a Service Road Project Contract
between Monroe County and Toppino's, Inc. at the Florida Keys Marathon Airport, in the total
amount of $687,906.70, contingent upon approval by the County Attorney and appropriate
County Staff, and approval of two Resolutions for project funding.
RESOLUTION NOS. 532A-2002 & 532B-2002
Said Resolutions are incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Arnold's Auto & Marine Repair, Inc. for Derelict Vessel Removal Zone
1-2002.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Arnold's Auto & Marine Repair, Inc. for the emergency removal of a travel
trailer located off of the Saddle Bunch #5 Bridge.
Board granted approval and authorized execution of an Amendment to Agreement etween
Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3579 located off
of Key Largo.
Board granted approval and authorized execution of an Amendment to Agreement etween
Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3579 located off
of Key Largo.
Board granted approval and authorized execution of an Amendment to Agreement
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between Monroe County and Spirit Marine Towing & Assistance to change DV3A35,78 to
DV3A3610.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the removal and disposal of a 42'
derelict vessel and marine debris located off of Marathon.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the emergency removal of DV3A3719
located off of Islamorada.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the emergency removal of DV3A3714
located off of Key Largo.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3618 located off
of Marathon.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the installation of markers
delineating a previously approved regulatory zone at Harry Harris Park.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3350 located off
of Marathon.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal of marine debris located in
Boot Key Harbor.
Board granted approval and authorized execution of a Contract for Water Quality
Monitoring between Monroe County and the Florida International University to continue water
quality monitoring in the Little Venice area. This document was approved at the October 2002
meeting, and now contains Administrative revisions and clarification, with no substantive changes.
Board granted approval to advertise a Public Hearing to consider adopted of an Ordinance
pursuant to Sec. 328.66, F. S., imposing a Monroe County Vessel Registration Fee; providing for
the amounts of the vessel registration fee; providing for the collection of the vessel registration fee
by the Monroe County Tax Collector; providing for the purposes for which the vessel registration
fee may be spent; providing that the Monroe County Board of County Commissioners may enter
into Interlocal Agreements with the Monroe County Municipalities for the distribution of the
vessel registration fee among the Monroe County Board of County Commissioners and the
municipalities; providing for severability; providing for the repeal of all Ordinances inconsistent
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herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Board granted approval and authorized execution of an Agreement, C-13177, between
Monroe County and the South Florida Water Management District (SFWMD) for stormwater and
xeriscape improvements along the Overseas Heritage Trail of Big Coppitt, and granted approval
to advertise a Request for Statements of Qualification to complete the project.
Board granted approval and authorized execution of the Big Pine Key/US 1 Corridor Area
Enhancement Plan Agreement for Professional Services between Monroe County and The HOK
Planning Group New Urban Studio.
Board granted approval and authorized execution of a Parks and Recreation Master Plan
Preparation Agreement for Professional Services between Monroe County and Wade -Trim, Inc.
to prepare a Parks and Recreation Master Plan for Monroe County.
Board granted approval of staff recommendation of Calvin, Giordano & Associates, Inc.
to complete the Geographic Information System (GIS) Zoning Project and directed staff to
negotiate a Contract.
Board granted approval for a Lot Aggregation Restrictive Covenant from Javier and
Idania Vale, and Lazaro H. Ruiz to have one dwelling unit on contiguous lots, Permit No.
99-3-2272, for property described as Lots 7 and 14, Block 5, Key Largo Park, Key Largo. The
applicants receiving one dwelling unit allocation award for the year ending July 13, 2003, have
filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for a Lot Aggregation Restrictive Covenant from Harold & Judith
Zimmerman to have one dwelling unit on contiguous lots, Permit No. 02-2-1619, for property
described as Lots 95, 96, and 97, Block 1, Yacht Club Island Sec. 4, Duck Key. The applicants
receiving one dwelling unit allocation award for the year ending July 13, 2003, have filed the
document in accordance with Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant from Roger & Vicky
Pitts to have one dwelling unit on contiguous lots, Permit No. 01-10-4649, for property described
as Lots 13 and 14, Block 4, Johnsonville, Big Coppitt. The applicants receiving one dwelling unit
allocation award for the year ending July 13, 2003, have filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant from Jon & Gabrielle
Becker to have one dwelling unit on contiguous lots, Permit No. 01-3-0905, for property
described as Lots 4 and 5, Block 7, Key Largo Ocean Shores Addition, Key Largo. The
applicants receiving one dwelling unit allocation award for the year ending July 13, 2003, have
filed the document in accordance with Ordinance No. 47-1999.
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Board granted approval of a Lot Aggregation Restrictive Covenant from Wayne Rupinski
& Eve Peerson to have one dwelling unit on contiguous lots, Permit No. 01-3-2134, for property
described as Lots 1 and 2, Paradise Point Cove, Key Largo. The applicants receiving one
dwelling unit allocation award for the year ending July 13, 2003, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval of a Monroe County Planning Department Affordable Housing
Deed Restriction for a dwelling unit from James & Gabriele Ostrowicki, Permit No. 02-1-2820,
for property described as Lot 11, Block 2, Big Coppitt Amended, Big Coppitt. The applicants are
receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the
document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Thomas D. & Carrie S.
Ryan for Pine Channel Estates to Monroe County by Warranty Deed, Permit No. 96-1-1144, for
property described as Lot 19, Block 2, Kinercha, Big Pine Key. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2002, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Mark& Holly Andre to
Monroe County by Warranty Deed, Permit No. 02-1-0736, for property described as Lot 20,
Block 24, Eden Pines Colony 3rd Addition, Big Pine Key; and approval for one Lot Aggregation
Restrictive Covenant from Mark and Holly Andre, Permit No. 02-1-0736, for property described
as Lots 7 and 8, Ramrod Shores 3rd Addition, Ramrod Key. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in
accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of three buildable lots from Scott Gregory and
Elizabeth Cabrera Oropeza to Monroe County by Warranty Deeds, Permit No. 01-1-4624, for
properties described as Lot 15, Block 8, Cahill Pines & Palm, Big Pine Key; and Lots 5 & 6,
Block 2, Koehn Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation
award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance
No. 47-1999.
Board granted approval for the transfer of one buildable lot from Andrew M. Tobin to
Monroe County by Warranty Deed, Permit No. 00-3-4989, for property described as Lot 2, Block
18, Palm Villa, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the
year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of two buildable lots from Allen E. and Anne
Marie Perez to Monroe County by Warranty Deeds, Permit No. 01-1-3348, for properties
described as Lot 2, Block 27, Eden Pines Colony 3rd Addition, Big Pine Key; and Lot 9, Block
`C', Pine Heights Subdivision, Big Pine Key.
Board granted approval for one Restrictive Covenant from Dietmar and Gudrun Menck
a.k.a. Gudrun Schultz to have one dwelling unit on contiguous lots, Permit No. 96-1 1457, for
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property described as Lots 4 and 5, Block 24, Eden Pines Colony 3rd Addition, Big Pine Key.
The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002,
have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for four Monroe County Planning Department Affordable
Housing Deed Restrictions for four dwelling units from Habitat for Humanity Upper Keys, Permit
No. 02-3-0948, for property described as Lot 20, Block 1, Winston Park, Key Largo; Permit No.
02-3-0949, for property described as Lot 22, Block 1, Winston Park, Key Largo; Permit No.
02-3-2740, for property described as Lot 6, Block 1, Winston Park, Key Largo; and Permit No.
02-3-2751, for property described as Lot 5, Block 1, Winston Park, Key Largo. The applicant is
receiving four dwelling unit allocation awards for the year ending July 13, 2003, has filed the
document in accordance with Ordinance No. 47-1999.
Board granted approval for three Monroe County Planning Department Affordable
Housing Deed Restrictions for three dwelling units from the Monroe County Housing Authority,
Permit No. 02-1-1477, for property described as Lot 11, Block 9, Johnsonville, Big Coppitt.-
Permit No. 02-1-1474, for property described as Lot 12, Block 9, Johnsonville, Big Coppitt; and
Permit No. 02-1-1476, for property described as Lot 10, Block 9, Johnsonville, Big Coppitt.
Board granted approval for the transfer of one buildable lot from Robert H. and Maria
Hirsch for Jerome Baker to Monroe County by Warranty Deed, Permit No. 96-1-1143, for
property described as Lot 24, Block 4, Revised plat of Torch Key Estates, Little Torch Key. The
applicant is receiving a dwelling unit allocation award for the year ending July 13, 2002, has filed
the document in accordance with Ordinance No. 47-1999.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of disposition of inventory items for the month of November
2002, in the amount of $156,518.34. Said list is incorporated herein by reference.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution adopting the Monroe County Comprehensive
Plan as the Community Development Block Grant, Community Development Plan.
RESOLUTION NO. 533-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the submission of a Grant Application
to the Department of Community Affairs under the 2003 Florida Small Cities Community
Development Block Grant (CDBG) Program; providing the County Administrator the authority
to execute same on behalf of Monroe County.
RESOLUTION NO. 534-2002
Said Resolution is incorporated herein by reference.
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MONROE COUNTY HEALTH DEPARTMENT
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Board granted approval and authorized execution of a Contract (annual Core) between
Monroe County, State of Florida Department of Health, and the Monroe County Health
Department for operation of the Monroe County Health Department Contract Year 2002-2003.
MONROE COUNTY PROPERTY APPRAISER
Board granted approval to retain $240,000 in excess fees from the 2001-2002 Budget to
use towards a new appraisal computer system for the Monroe County Property Appraiser's
Office. The balance of system will be budgeted in FY 2004 Budget.
MONROE COUNTY COURT ADMINISTRATOR
Board granted approval and authorized execution of a Grant -In -Aid Agreement for Child
Dependency between Monroe County and the Justice Administrative Commission (JAC). JAC
will pay the County for expenditures made in an amount not to exceed $27,130.98 to assist in the
payment of costs incurred for Dependency Counsel for the period beginning July 1, 2002 and
ending June 30, 2003.
COMMISSIONERS' ITEMS
Board granted approval to accept a seven hundred fifty dollar ($750.00) check from the
Greater Key West Chamber of Commerce to purchase a commemorative stone mounted plaque
from Tom Sawyer Enterprises for the dedication of Smather's Beach.
Board granted approval to relocate the CommuniKeys match line at MM97 to the south
line of the amended plat of the Mandalay subdivision PB2.P25. This match line will separate
planning area #1 from planning area #2 of the Island of Key Largo Livable CommuniKeys Plan.
Board adopted the following Resolution in recognition of the late "Santa" Ray Albury.
RESOLUTION NO. 535-2002
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Rice's reappointment of Sylvia Murphy to the
Human Services Advisory Board, date term expires November 1, 2004.
Board adopted the following Resolution concerning the Department of Environmental
Protection staff s proposed numerical criterion of 10 parts per billion of phosphorus based on the
focus of Everglades restoration.
RESOLUTION NO. 536-2002
Said Resolution is incorporated herein by reference.
11/20/2002 2002/311
Board adopted the following Resolution concerning support for the Lower Keys Habitat
for Humanity.
RESOLUTION NO. 537-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution requesting housing developers, with an obligation
to provide affordable housing in Monroe County, to consider key personnel in the allocation of
affordable units.
RESOLUTION NO. 538-2002
Said Resolution is incorporated herein by reference.
Board authorized the refund of permit application fees for Louis LaTorre concerning
permit #00150500-000000, pursuant to Section 6-27(f), Monroe County Code.
Board adopted the following Resolution honoring the memory and community service of
Eugene (Gene) Shinkevich, who passed away on November 1, 2002.
RESOLUTION NO. 539-2002
Said Resolution is incorporated herein by reference.
COUNTY CLERK
WARRANTS
Board approved the following Warrants (#203693-203908 & 73553-74621):
General Fund (001), in the amount of $1,504,838.01; Sup to General Revenue (002),
in the amount of $15,237.59; Affordable Housing Project (100), in the amount of $210.63; Fine
& Forfeiture Fund (101), in the amount of $2,589,873.47; Road and Bridge Fund (102), in the
amount of $187,293.46; Law Library Fund (103), in the amount of $221.94; TDC District
Two Penny (115), in the amount of $189,223.45; TDC Admin & Promo 2 Cent (116), in the
amount of $317,753.14; TDC District 1,3 Cent (117), in the amount of $241,541.20; TDC
District 2,3 Cent (118), in the amount of $32,322.65; TDC District 3,3 Cent (119), in the
amount of $25,535.04; TDC District 4,3 Cent (120), in the amount of $5,865.71; TDC District
5,3 Cent (121), in the amount of $37,115.85; Gov. Fund Type Grants (125); in the amount of
$268,579.01; Fire & Amb Dist 1 L&M Keys (141), in the amount of $56,344.78; Upper Keys
Health Care (144), in the amount of $2,953.86; Fire & Amb Dist 6 Key Largo (146), in the
amount of $21,664.24; Uninc Svc Dist Parks & Rec (147), in the amount of $37,874.69; Plan,
Build, Zoning (148), in the amount of $71,441.36; Municipal Policing (149), in the amount of
$284,286.07; 911 Enhancement Fee (150), in the amount of $104,931.07; Local Housing
Assistance (153), in the amount of $10,524.25; Boating Improvement Fund (157), in the
amount of $3,166.35; Misc. Special Revenue Fund (158), in the amount of $681.01; Court
Facilities Fees-602 (163), in the amount of $20,000.00; Fire & EMS LOSAP-610 (165), in the
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2002/312
amount of $4,200.00; 1 Cent Infra Surtax (304), in the amount of $71,137.60; Card; Sound
Bridge (401), in the amount of $4,909.56; Marathon Airport (403), in the amount of
$254,457.91; Key West Intl Airport (404), in the amount of $128,261.34; MSD Solid Waste
(414), in the amount of $367,280.13; Worker's Compensation (501), in the amount of
$203,895.41; Group Insurance Fund (502), in the amount of $97,420.29; Risk Management
Fund (503), in the amount of $94,229.78; Fleet Management Fund (504), in the amount of
$61,008.67; Manual Checks, in the amount of $22,826.66.
FINES & FORFEITURES
Court Reporter Services, Amy Landry Reporting, in the amount of $100.00; Associated
Court Reporters, in the amount of $783.75; Court Reporters of Key West, in the amount of
$172.50; Florida Keys Reporting, Inc., in the amount of $80.00; Martin Leshaw, in the amount of
$75.00; Monroe County Court Reporter, in the amount of $187.50. Competency Evaluation,
James W. Holbrook EDD, in the amount of $350.00; Marshall Wolfe EDD, in the amount of
$1,050.00. Court Interpreter, Alex Diaz, in the amount of $285.00; Claudia M. Hancock, in the
amount of $275.00; Estrella Garcia, in the amount of $355.00; Jacob Zucker, in the amount of
$55.00; Joanna Nucun, in the amount of $72.84; Maria Luisa Davis, in the amount of $35.00;
Marisol Garcia, in the amount of $370.68; Marketa Trnka, in the amount of $25.00; Martha
Hernandez, in the amount of $145.00; Mary Lou Waas, in the amount of $65.00; Sergio Alvarez,
in the amount of $67.50. Witness Coordination, Witness Travel & Per Diem, in the amount of
$1,763.36. Expert Witness, Michael Maher MD, in the amount of $1,536.50. Court Appointed
Attorney Fees - Conflict, Erin H. Larabee PA, in the amount of $427.50; Gregory Davila, in the
amount of $583.25; Jason R. Smith, in the amount of $2,500.00; John P. Rotolo, in the amount of
$1,925.00; Leighton G. Morse, in the amount of $1,935.00; Michael R. Barnes, in the amount of
$229.00; Peary Fowler, in the amount of $1,866.60; Rayme Suarez, in the amount of $2,107.50;
Richard M. Behr, in the amount of $1,692.50; Stephen S. Isherwood, in the amount of $2,500.00.
Miscellaneous Expenses, Mail Boxes ETC (Discovery Copies), in the amount of $589.55;
Salazar Productions (Video Tape Depo), in the amount of $175.00. Other Services Circuit, Avis
Rent A Car System, Inc., in the amount of $522.91; Nancy Rossell, in the amount of $61.00;
Sheri L. Collins, in the amount of $532.49; State of Florida, in the amount of $329.08; William
Kuypers, in the amount of $2,066.20.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of October 2002: Advertising, in the amount of $483,909.85; Bricks & Mortar
Projects, in the amount of $192,763.58; Visitor Information Services, in the amount of
$27,249.98; Events, in the amount of $50,182.16; Office Supplies & Oper Costs, in the amount
of $63,668.73; Personal Services, in the amount of $39,655.91; Public Relations, in the amount
of $75,316.57; Sales & Marketing, in the amount of $101,928.29; Telephone & Utilities, in the
amount of $12,376.00; Travel, in the amount of $12,187.10.
Board granted official approval the Board of County Commissioner's minutes from the
Regular Meeting of October 16, 2002. '1
11/20/2002
2002/313
COUNTY ADMINISTRATOR
Board granted approval of the Public Official Bond for Commissioner George Neugent, in
the amount of $2,000.
Board granted approval of the Public Official Bond for Commissioner David P. Rice, in
the amount of $2,000.
Board granted approval of the Public Service Bond for Charles William Langstaff with
Monroe County Mosquito Control, in the amount of $2,000.
Board authorized the County Administrator to sign Policyholders' Release of all Claims of
the County and Hold Harmless Agreement from the Spiegel Grove sinking.
Motion carried unanimously.
BOARD OF COUNTY COMMISSIONERS - INTERVIEWS
COUNTY ATTORNEY POSITION
Ruth Ann Jantzen, and Howard Gelbman, representing the Cross Key Property Owners
Association addressed the Board. The Board interviewed the two finalists, Attorney John
Richard Collins and Assistant Monroe County Attorney Suzanne Hutton, for the position of
Monroe County Attorney. After the interviews were completed, the Board proceeded to ballot.
The Clerk announced the following results:
NAME
Nelson
Neugent
Rice
McCoy
S ehar
Total
John R.
X
X
X
3
Collins
Suzanne
X
X
2
Hutton
Motion was then made by Commissioner Neugent and seconded by Commissioner Nelson
to negotiate a contract with Attorney John R. Collins. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the County Administrators monthly report on Change Orders. Said list is
incorporated herein by reference. Motion carried unanimously
Alice Allen, and County Engineer Dave Koppel addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting
approval of the revised Monroe County Seven Year Roadway/Bicycle Path Plan, prepared by:
Monroe County Public Works Division Engineering Department, dated November 2002. Motion
carried unanimously.
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11/20/2002 ! 2002/314
The Administrator discussed the Islamorada and Big Pine Key Branch Librarie's closing at
6:00 p.m. on Tuesday, December 24, 2002, and Tuesday, December 31, 2002. The Board also
discussed Mayor Spehar's item to include a half day on December 24th for the Christmas Holiday
and a half day on December 31st for the New Year's Holiday. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Nelson granting approval to include a half
day on December 24th for the Christmas Holiday and a half day on December 31 st for the New
Year's Holiday. The Administrator withdrew the first item. Roll call vote was taken with the
following results:
Commissioner Nelson
Yes
Commissioner Neugent
No
Commissioner Rice
Yes
Commissioner McCoy
Yes
Mayor Spehar
Yes
Motion carried.
Commissioner Rice recused himself from the following two items:
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval and authorizing execution of the Fiscal Year 2003 Byrne State and Local Law
Enforcement Formula Grants between Monroe County and the Florida Department of Law
Enforcement for the following Programs: Florida Keys Outreach Coalition, Inc., Transitional
Housing for the Homeless Substance Abuse Prevention Program, Grant No.
03-CJ-5A-11-54-01-111, in the total amount of $13,945.00; Guidance Clinic of the Middle Keys,
Inc., Residential Detoxification Services for Monroe County Men and Women IV, Grant No.
03-CJ-5A-11-54-01-108, in the total amount of $36,027.00; Peacock Apartments Dual
Diagnosed Offender Program, Grant No. 03-CJ-5A-11-54-01-109, in the total amount of
$16,270.00; Monroe Youth Challenge Program II, Grant No. 03-CJ-5A-11-54-01-106, in the
total amount of $34,864.00; Guidance Clinic of the Middle Keys, Inc., Safeport Residential Drug
and Alcohol Treatment Center II, Grant No. 03-CJ-5A-11-54-01-105, in the total amount of
$69,727.00; and Samuel's House, Inc., Shelter for Women and Women with Children, Grant No.
03-CJ-5A-11-54-01-104, in the total amount of $41,836.00. Motion carried unanimously, with
Commissioner Rice abstaining.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval and authorizing execution of the Fiscal Year 2003 Edward Byrne Memorial
State and Local Law Enforcement Assistance Formula Grant Funds Agreements between Monroe
County and the following: Florida Keys Outreach Coalition for Transitional Housing for
Recovering Homeless Men, in the amount of $13,945.00; Guidance Clinic of the Middle Keys,
Inc. for Residential Drug and Alcohol Treatment, in the amount of $69,727.00; United States
Fellowship of Florida d/b/a Peacock Apartments for Dual Diagnosed Offender Housing for
Monroe County Homeless Men and Women, in the amount of $16,269.00; Monroe County
Sheriffs Department for Youth Challenge Day Services, in the amount of $34,864.00; Guidance
Clinic of the Middle Keys, Inc., for Residential Detoxification Services for Monroe County
11/20/2002 ! 2002/315
i
I
Homeless Men and Women, in the amount of $36,027.00. Motion carried unanimously, with
Commissioner Rice abstaining.
DIVISION OF PUBLIC WORKS
Public Works Director Dent Pierce reported to the Board concerning improvements at
Sunset Point Park.
AIRPORTS
Key West Airport Director Peter Horton reported to the Board concerning airport
security. Mr. Horton discussed the Cuban aircraft that landed at the airport illegally.
DIVISION OF PUBLIC WORKS
Manuel M. Noval, representing Winston Waterways Crime Watch, and Juan Escar
addressed the Board concerning the rejection of bids and re -advertisement for the La Paloma
Bridge Demolition. County Engineer Dave Koppel also addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting
approval, per Staff recommendation, to make changes to the specifications and include an Add
Alternate that would separate the approach fill from the bridge demolition, and rebid. Roll call
vote was taken with the following results:
Commissioner Nelson
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Commissioner McCoy
Yes
Mayor Spehar
Yes
Motion carried.
DIVISION OF GROWTH MANAGEMENT
Attorney Andy Tobin, representing the applicant and County Attorney James T. Hendrick
addressed the Board concerning approval of a Resolution denying the request of Barbara Eads to
rescind the Historic designation of the Leonard and Hannah Lowe House located at 91770
Overseas Highway, Tavernier, Florida. The Board accepted public input with the following
individuals addressing the Board: Van Cadenhead, George Born, representing the Historic
Florida Keys Foundation; Jerry Wilkinson, representing the Historical Preservation Society of the
Upper Keys, Inc.; Joseph Vetrick, Sammy Sparks, and Chris Sante. Mr. Tobin addressed the
Board a second time. Dick Hopkins, representing Blue Water Engineering; and Barbara Eads
addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded
by Commissioner Neugent to adopt the following Resolution denying the request of Barbara Eads
to rescind the Historic designation of the Leonard and Hannah Lowe House located at 91770
Overseas Highway, Tavernier, Florida. Roll call vote was unanimous.
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II
- RESOLUTION NO. 540-2002
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
The Board discussed approval to purchase the Quay property in Key Largo as a County
government center. The following individuals addressed the Board: Ted Carter, Sterling
Kennedy, representing the Key Largo Coalition; Dorothy Parker, Bob Leary, representing Rogers
Marina; Maryann Arnitz, representing Residents Against Government @ Quay- Jill Patterson,
representing the Tavernier Community Association; Van Cadenhead, Karen Tiedemann,
representing the Key Largo Chamber of Commerce; Sam Stoia, representing Boats and Tires, Sue
Finney, Judy Curtis, Bill Cullen, Tom Fouts, Bill Carson, Joseph Parker, Theo Takis, Gunilla
Wade, representing Charles Wade; Michael Birns, Carol Norman, Richard Lancaster, representing
Island of Key Largo Federation of Home Owner Associations; Pauline M. Klein, Johnny T.
DeBrule, Thomas Butler, representing The Key Players; Geri Smith, representing 123 neighbors;
Donna Pacho, Burke Cannon, representing Hammer Point Homeowners; Michael Fagan, Fred
Nickerson, Ann Nickerson, representing the Port Largo Residents Property Owners Association;
Curt Barlow, Dave Clark, Vicky Fay, representing the Key Largo Trailer Village; Leo C.
Gillespie, Captain Ken Van Winkle, Meredith A. Cline, representing Ocean Isle Estates; Fred
Heiner, and John Hammerstrom. After discussion, motion was made by Commissioner McCoy
and seconded by Commissioner Nelson granting approval and authorizing execution of an
Agreement for the Purchase of Lands between Monroe County and the Estate of Konstantinos
Boulis a/k/a/ Gus Boulis for the Quay property in Key Largo as a County government center.
Roll call vote was unanimous.
Commissioner McCoy excused himself from the meeting.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Chapter 13.5,
Monroe County Code, deleting provisions regarding parking at Sunset Point Park; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith- providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously, with
Commissioner McCoy not present.
ORDINANCE NO. 028-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance amending Monroe
County Code, Article I, concerning County designated Regional Parks; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; and providing an effective date. Motion was made by
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Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously, with Commissioner McCoy not present.
ORDINANCE NO. 029-2002
Said Ordinance is incorporated herein by reference.
Commissioner McCoy returned to the meeting.
A Public Hearing was held concerning adoption of an Ordinance for water and irrigation
conservation which would limit the use of water for landscaping; providing for definitions;
providing for restrictions; providing for exemptions; providing enforcement; providing for
variance relief, providing for severability; 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 individuals addressing the
Board: Jack Teague and Jim Reynolds, representing the Florida Keys Aqueduct Authority
addressed the Board. Mr. Hendrick also addressed the Board and offered some revised
language.. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Nelson to adopt the following Ordinance, as revised. Said revision as follows:
Page 3, 5.02 Landscape irrigation by systems from which the sole source is treated
wastewater effluent, cistern water, or desalinated water.
Motion carried unanimously.
ORDINANCE NO. 030-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance adding a definition
article, and consolidating numerous articles concerning regulatory zones in Chapter 5.5 Monroe
County Code (Boats, Docks, and Waterways), providing for severability, providing for
incorporation into the Monroe County Code, providing for an effective date. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 031-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution renouncing and
disclaiming any right of the County and the Public in and to a portion of King Street, Anglers
Park Subdivision, Key Largo, Monroe County, Florida. There was no public input. Motion was
made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 541-2002
Said Resolution is incorporated herein by reference.
11/20/2002
2002/318
A Public Hearing was held concerning approval of a Declaration of Restrictive Covenant
regarding the right-of-way in Hibiscus Park Subdivision, Key Largo. The Board accepted public
input with the following individual addressing the Board: Jill Patterson. Growth Management
Director Tim McGarry addressed the Board. The Board continued the item until later in the day.
Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution authorizing
and directing the County Administrator and the County's financial advisor to solicit proposals
from various financial institutions to provide financing to the County in order to refund certain
outstanding indebtedness of the County and to finance various Capital Improvements; and
providing an effective date. Roll call vote was unanimous.
RESOLUTION NO. 542-2002
Said Resolution is incorporated herein by reference.
Keith Douglass, representing the Monroe County Community Health Initiative Task
Force; and Vianca Stubbs, representing the Health Council of South Florida addressed the Board
concerning the Health Profile Report for Monroe County, prepared by the Health Council of
South Florida, and approval of an invoice from the Health Council in the amount of $15,000.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Neugent granting approval for payment of the invoice from the Health Council in the amount of
$15,000.00. Motion carried unanimously.
WASTEWATER ISSUES
Paul Feldman, representing the Florida Keys Aqueduct Authority updated the Board on
wastewater management projects and issues.
Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority discussed with
the Board pending litigation in the Supreme Court concerning the validation of Monroe County's
mandatory hook-up ordinance. Mr. Hendrick addressed the Board.
Mr. Roberts updated the Board concerning the $100,000,000 authorization from Congress
for wastewater.
Mr. Roberts discussed the first meeting of the Key Largo Wastewater Treatment District
Board held last night. Charles Brooks, representing the Key Largo Wastewater Treatment
District Board addressed the Board.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning approval to provide a $100,000 loan
to the Key Largo Wastewater District Board to complete and expand the Key Largo Trailer
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2002/319
Village and Key Largo Park wastewater projects. Clerk of Court Danny L. Kolhage and Mr.
Hendrick addressed the Board. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Neugent authorizing the negotiation of an Interlocal Agreement
between Monroe County and the Key Largo Wastewater District Board. Roll call vote was
unammous.
Mr. Roberts informed the Board that there will be some Public Information meetings
concerning the Conch Key and Baypoint wastewater projects. Conch Key will be held at the
Conch Key Fire Station on Tuesday, December 3rd at 7 P.M.; Bay Point will be held at the
Sugarloaf Fire Station on Wednesday, December 4th at 7 P.M.
WASTEWATER ISSUES
Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority addressed the
Board. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner McCoy granting approval to advertise the following four Ordinances creating
Municipal Service Taxing Units (MSTUs) for Conch Key, Marathon, Baypoint, and Big Coppitt:
An Ordinance of Monroe County, Florida, creating the Big Coppitt Key Municipal
Service Taxing Unit located within the Unincorporated area of Monroe County, Florida, to
provide wastewater and reclaimed water services and facilities; Defining the boundaries of the
unit; Authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit
not to exceed 0.70 Mil; Authorizing the use of the tax revenue for enumerated purposes; and
providing an effective date.
An Ordinance of Monroe County, Florida, creating the Conch Key Municipal Service
Taxing Unit located within the Unincorporated area of Monroe County, Florida, to provide
wastewater and reclaimed water services and facilities; Defining the boundaries of the unit;
Authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to
exceed 0.70 Mil; Authorizing the use of the tax revenue for enumerated purposes; and providing
an effective date.
An Ordinance of Monroe County, Florida, creating the Bay Point Municipal Service
Taxing Unit located within the Unincorporated area of Monroe County, Florida, to provide
wastewater and reclaimed water services and facilities; Defining the boundaries of the unit;
Authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to
exceed 0.70 Mil; Authorizing the use of the tax revenue for enumerated purposes; and providing
an effective date.
An Ordinance of Monroe County, Florida, creating the Marathon Municipal Service
Taxing Unit located within Monroe County, and the Incorporated area of the City of Marathon,
Florida, to provide wastewater and reclaimed water services and facilities; Defining the
boundaries of the unit; Authorizing the Board to annually levy ad valorem taxes within the
boundaries of such unit not to exceed 0.77 Mil; Authorizing the use of the tax revenue for
enumerated purposes; and providing an effective date.
11 /20/2002
2002/320
Motion carried unanimously.
PUBLIC HEARINGS
The second of two required Public Hearings was held concerning adoption of an
Ordinance amending Section 9.5-243 (Destination Resort District), 9.5-244 (Recreational Vehicle
District), 9.5-248 (Mixed Use District), and 9.5-250 (Maritime Industrial District) to permit
public wastewater treatment facilities as a major conditional use; providing for the severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation
into the Monroe County Code; directing the Clerk of the Board to forward a certified copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 032-2002
Said Ordinance is incorporated herein by reference.
Commissioner McCoy excused himself from the meeting for the remainder of the day.
DIVISION OF GROWTH MANAGEMENT
Mr. Hendrick referred the Board to the written Growth Management Litigation Report
from Attorney Karen K. Cabanas of the firm Morgan & Hendrick, dated November 18, 2002.
COMMISSIONERS' ITEMS
The Board discussed Commissioner McCoy's item to determine the official position of
Monroe County regarding a proposal received by the U.S. Board of Geographical Names to
officially change the name of Jewfish Creek in Monroe County to Goliath Grouper Creek. The
following individuals addressed the Board: Van Cadenhead and Barry Patterson. Motion was
made by Commissioner Nelson and seconded by Commissioner Neugent adopt the following
Resolution to not change the name of Jewfish Creek in Monroe County to Goliath Grouper
Creek. Motion carried unanimously, with Commissioner McCoy not present.
RESOLUTION NO. 543-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution requesting that U.S. Senators Bob Graham and Bill Nelson
support legislation to limit punitive damages in medical malpractice litigation. Motion carried
unanimously, with Commissioner McCoy not present.
RESOLUTION NO. 544-2002
Said Resolution is incorporated herein by reference.
11/20/2002 2002/321
The Board discussed Mayor Spehar's item concerning approval to advertise an�Ordinance
amending Ordinance No. 04-2002, Monroe County Code, in order to provide definitions of
mobile home and mobile home park; providing that the owner of a mobile home park required to
connect to an investor owned wastewater utility may pay the utility's connection fee in three equal
installments; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date. Mr. Hendrick addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Nelson granting approval to advertise said
item to be heard at the January 2003 Board meeting in Key West. Motion carried unanimously,
with Commissioner McCoy not present.
Mayor Spehar announced that an invitation is extended to the Board of County
Commissioners to attend the annual Joint Meeting of the Library Board/Friends of Library
Groups, to take place in the BOCC meeting room at the Marathon Government Center, March
18, 2003, at 10:30 a.m.
The Board discussed possible action on seeking representation on greater Everglades
ecosystem restoration committees (specifically South Florida Ecosystem Restoration Task Force
Working Group and the State Water Resources Advisory Committee). Nancy Klingener,
representing The Ocean Conservancy addressed the Board. This item was referred to Staff.
CKIYi1� II�1 `/:��►� i1►1 f.YM-7:Y1� 7
Mr. Roberts reported to the Board on the public's use of the BOCC agendas on the
County's Website.
Mr. Roberts updated the Board concerning status of the Redistricting process.
Mr. Roberts discussed a request from the Small Counties Coalition concerning policy
recommendations for their legislative package.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting
approval of the Board monthly meeting dates for 2003. Motion carried unanimously, with
Commissioner McCoy not present.
Mr. Roberts addressed the Board. Motion was made by Commissioner Rice and seconded
by Commissioner Nelson to table to the December Board meeting in Marathon approval of the
2003 appointments of Commissioners to various duties. Motion carried unanimously, with
Commissioner McCoy not present.
COUNTY ATTORNEY
Mr. Hendrick requested an Executive Session be held at the Board Meeting in December
2002 to discuss Ohio Key v. Monroe County.
11/20/2002 2002/322
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
authorizing payment of an Invoice from Ferencik, Libanoff, Brandt & Bustamante in the amount
of $46,044.05 for September 2002, for the defense of the County in the lawsuit of Lodge
Construction v. Monroe County. Motion carried unanimously, with Commissioner McCoy not
present.
Mr. Hendrick addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson granting approval of the acquisition of Shrimp Road on Stock
Island. Motion carried unanimously, with Commissioner McCoy not present.
Mr. Hendrick reported to the Board on the Court Ordered Mediation, concerning
Republic Media, Inc. and Outdoor Systems, Inc., qualified to do business in Florida as Outdoor
Systems Advertising Company, Plaintiffs, vs. Monroe County. Motion was made by
Commissioner Neugent and seconded by Commissioner Rice granting approval to execute the
Settlement Agreement in the litigation. Motion carried unanimously, with Commissioner McCoy
not present.
COUNTY ATTORNEY
Mr. McGarry addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson to continue to the March 2003 Board Meeting in Key Largo
approval of a Declaration of Restrictive Covenant regarding the right-of-way in Hibiscus Park
Subdivision, Key Largo. Motion carried unanimously, with Commissioner McCoy not present.
There being no further business to come before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk