06/20/2007 Regular
122
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 20, 2007
Marathon, Florida
A Regular Meeting of the Momoe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to
roll call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy,
Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario
DiGennaro. Also present at the meeting were Thomas Willi, County Administrator;
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of
the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner
McCoy granting approval of Additions, Corrections, and Deletions to the agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee Service Award for the month of March, 2007 to
Richard Jones, Senior Marine Planner, Department of Marine Resources, Division of
Growth Management.
Presentation of Mayor's Proclamation recognizing July 1st through July 7th as
Hospice & Visiting Nnrse Association Awareness Week.
Presentation ofthe Florida Keys Council for People with Disabilities Award to
Jose Sanchez Eye Clinic.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval ofthe following items:
Board granted approval and authorized execution of a Renewal Agreement
between Momoe County and Synagro Southeast, Inc. for operation and maintenance of
the sewage treatment plant at the Florida Keys Marathon Airport.
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Board granted approval of Assignment and Assumption Agreement of Contract
between Synagro Southeast, Inc. and Synagro South, LLC and execution of Consent of
Monroe County Board of County Commissioners to Assignment and Assumption.
Board granted approval for Raytheon Technical Services to lease office space at
the Florida Keys Marathon Airport on a month-to-month basis.
Board granted approval of award of bid, and authorized execution of a Contract
for Janitorial Services between Monroe County and Class Act Cleaning Services, LLC,
for janitorial services at the Key West International Airport.
Board granted approval and authorized execution of a Standard Design
Reimbursable Agreement No. SO-0739-07P between Monroe County and the Federal
Aviation Administration to relocate center field wind equipment at the Key West
International Airport.
Board granted approval for Delta Airlines to eliminate Tuesday and Wednesday
flights for the Florida Keys Marathon Airport, for the months of July, August and
September 2007.
Board granted approval of refund to Barr Architectural Studio, in the amount of
$2,552.00, for permit fee pertaining to the repair of hurricane damage to the Federal
Express Building at the Key West International Airport.
Board granted approval and authorized execution of an amendment to BellSouth
Business Master Agreement FL03-F871-00 to upgrade existing Frame Relay Service
connections in Monroe County with "Metro Ethernet" service.
Board adopted the following Resolution authorizing the submission of the
Consolidated Solid Waste Management Grant Application to the Florida Department of
Enviroumental Protection for Fiscal Year 2007.
RESOLUTION NO. 206-2007
Said Resolution is incorporated herein by reference.
Board granted approval to purchase one (I) new Bucket Truck from (GSA)
General Services Administration contractor, Altec Industries, Inc. in the total amount of
$74,400.00
Board granted approval to transfer title to a surplus mobile home from Monroe
County to Alex's Auto Wrecking & Parts to allow Alex's to remove the mobile home
from the Rockland Key Public Works site at no cost to the County.
Board granted approval to award bid and authorized execution of an Agreement
for Janitorial Services between Monroe County and Diversified Services of Key West,
Inc. for the janitorial services at the May Hill Library, Key West, Florida, for $1,500.00
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per month and the Department of Juvenile Justice Building - second floor for $2,600.00
per month.
Board granted approval to authorize MBI/K2M to proceed with the design of
Boca Chica Road "Partial Restoration" for damage resulting from Hurricane Wilma.
Board accepted the Receipt of Monthly Report on Change Orders reviewed by the
County Administrator's Office. There were eight change orders considered and approved
by the County Administrator for the period beginning May 1, 2007 and ending May 31,
2007 for a net credit of$342,567.17. Said report is incorporated herein by reference.
Board granted approval to award primary Disaster Response and Recovery
Services Contract to DRC, Inc.
Board granted approval to negotiate a Contract with Kisinger Campo &
Associates, Inc. for Duck Key Bridge Repair Design Services.
Board granted approval to amend Contract with PB Americas, Inc. for Card
Sound Road Bridge Project.
Board granted approval to rescind Resolution No. 032-2007 and Joint
Participation Agreement (JP A) between Momoe County and Florida Department of
Transportation (FDOT) to provide $750,000 to fund a temporary ferry service to Pigeon
Key and approval of an amended JP A between Momoe County and FDOT and adoption
of the following Resolution for same.
RESOLUTION NO. 207-2007
Said Resolution is incorporated herein by reference.
Board adopted the following Resolutions concerning the Transfer of Funds and
Receipt of Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1)
RESOLUTION NO. 208-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 209-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 210-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 211-2007
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 212-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 213-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 214-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 215-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 216-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 217-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 218-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 219-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Renewal for
Financial Advisory Services between Monroe County and Public Financial Management,
Inc. (PFM), Financial Advisor to Monroe County.
Board granted approval of the recommendations ofthe Substance Abuse Policy
Advisory Board concerning the uses of the Edward Byrne Memorial Justice Assistance
Grant (JAG) funds, authorized the County Administrator to execute the Fiscal Year 2008
FDLE JAG applications, authorized the Grants Administrator to proportionately apply
reductions or increases in an amount required by FDLE to applicants relative to amounts
approved, and adopted the following Resolution.
RESOLUTION NO. 219a-2007
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Said Resolution is incorporated herein by reference.
Board granted approval (retroactive) to apply for Residential Substance Abuse
Treatment Grant and for the Mayor, Chief Financial Officer, and Grants Administrator to
sign the application and related certifications and attachments, and complete the grant
application online at the Florida Department of Law Enforcement website.
Board granted approval and authorized execution of a Letter of Engagement dated
May 2, 2007 - Amendment to Standard Terms and Conditions for Advisory and Tax
Services Contract between Monroe County and KPMG, LLP to update the Fiscal Year
2005 and the Fiscal Year 2006 Full Cost Allocation Plan and the OMB A-87 Cost
Allocation Plan.
Board adopted the following Resolution authorizing the Chairman to execute
retroactively a Shared Asset Forfeiture Fund ("SAFF") Grant Application and related
request for grant distribution to the Monroe County Sheriff's Office.
RESOLUTION NO. 220-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Addendum to Contract
between Monroe County and Stand Up for Animals, Inc. allowing a CPI increase and
approval of an increase in the amount by an additional $535.52 monthly (2.5% CPI).
Board granted approval of an increase in current full-pay rental rate for residents
of Bayshore Manor from $3,082 to $3,329 per month.
Board granted approval of Contract KG060 - Community Care for Disabled
Adults (CCDA) Contract between the State of Florida, Department of Children &
Families and the Monroe County Board of County CommissionerslMonroe County In-
Home Services. This Contract is for Fiscal Year July 1, 2007 through June 30, 2008.
Board granted approval to ratify the County Administrator signature authority for
an amendment to the Health Care for the Elderly (HCE) Contract KH672 between the
Alliance for Aging, Inc., and the BOCC that increases service capacity during the month
ofJune 2007.
Board granted approval and authorized execution of a Business
Associate/Qualified Service Organization Agreement between Monroe County and
Guidance Clinic of the Middle Keys (GCMK) to comply with the Health Insurance
Portability and Accountability Act of1996 (HIP AA) and 42 CFR Part 2 of the Federal
Register; Monroe County agrees to provide referral services to GCMK.
Board granted approval and authorized execution ofthe Alzheimer's Disease
Initiative (ADI) Contract KZ797 between Alliance for Aging, Inc. (Area Agency on
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Aging) and the Monroe County Board of County Commissioners (Community
Services/In-Home Services) for Fiscal Year 7/1107 to 6/30/08.
Board granted approval and authorized execution ofthe Home Care for the
Elderly (HCE) Case Management Contract KH772 between the Alliance for Aging, Inc.
and the Monroe County Board of County Commissioners (Monroe County Social
Services/In-Home Services Program) for Fiscal Year July I, 2007 through June 30, 2008.
Board granted approval and authorized execution of the Community Care for the
Elderly (CCE) Contract KCnl between the Alliance for Aging, Inc. (Area Agency on
Aging) and the Monroe County Board of County Commissioners (Community
Services/In-Home Services) for Fiscal Year 7/1107 to 6/30/08.
Board granted approval and authorized execution of the Notice of Grant Award
between Monroe County and the Florida Department of Transportation for Acceptance of
Grant Award for purchase of one (I) type D transit bus, body-on"chassis, 23-3', diesel,
wheel chair lift 4-20 ambulatory seats in combination with 6 wheelchairs in the amount
of$92,500.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (I st
Amendment) to Agreement between Monroe County and Key West Players, Inc. d/b/a
Waterfront Playhouse to revise Exhibit A - Schedule of Events.
Board granted approval and authorized execution of an Amendment (I st
Amendment) to Agreement between Monroe County and The Key West Business Guild
to exercise option to extend Agreement for two additional years, and to increase
compensation.
Board granted approval and authorized execution of an Amendment (1st
Amendment) to Agreement between Monroe County and The Key West Pops, Inc. to
revise Exhibit A - Schedule of Events.
Board granted approval to rescind Agreement between Monroe County and
Islamorada Chamber of Commerce, Inc. for the production ofthe Florida Keys Holiday
Festival on November 30 - December I, 2007, in the amount of$25,000.00.
Board adopted the following Resolution transferring funds (from DAC IV Event
Resources to DAC IV Advertising Campaign).
RESOLUTION NO. 221-2007
Said Resolution is incorporated herein by reference.
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Board granted approval to rescind agreement with The Redbone, Inc. covering the
Redbone @ Little Palm Island Grand SLAM on August 14-16,2007 in the amount of
$5,500.00.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement between Monroe County and the Florida Department of
Transportation for grant funding, FDOT Financial Project No. 252228-1-14-07, for
transportation and planning activities in Monroe County.
Board adopted the following Resolution certifying the 2007 Administrative
Update to the Monroe County Land Use District Maps (LOOM) for the unincorporated
area of the Middle and Upper Florida Keys as authorized by Section 9.5-24 (a)(2) c.,
Monroe County Code of Ordinances and making the LOOM update available in paper
and digital form.
RESOLUTION NO. 222-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Marathon to provide funding assistance using
Boating Improvement Funds to construct one additional floating dinghy dock at the City
Marina.
Board adopted the following Resolution rescinding Ordinance No. 002-2007 as
void Ab Initio which Ordinance approved a request by Northstar Resort Enterprises Corp.
for a Land Use District Map amendment from Suburban Commercial to Mixed Use for a
part ofthe property legally described as Island of Key Largo, pt Lots 5-12-13, Sec. 6,
Township 61S, Range 40E, Monroe County, Florida, having Real Estate Number
00083970.000000.
RESOLUTION NO. 223-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment 4 Broadcast
Services Contract between Monroe County and Comcast to provide continuing media
services in support of public education concerning the No Discharge Zone in place within
state waters of the Florida Keys National Marine Sanctuary.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the Request for Expenditures from the Law
Enforcement Trust Fund, as follows:
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$1,500 - Key West Little Conch Baseball- These funds will be used to help offset
travel expenses of players and coaches to attend out of town tournaments.
$1,000 - Marathon High School Operation Graduation - These funds will be used
to provide a save drug and alcohol free celebration to recognize the achievements of our
graduating seniors.
$5,000 - KW Junior Football League - These funds will be used to help offset
their loss of equipment in Hurricane Wilma.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution releasing Kenneth R. Smith from
repayment of SHIP Homeowner Rehabilitation Loan funds expended; approving the
repayment of the funds expended from the SHIP Homeowner Rehabilitation Loan from
Momoe County Housing Authority Administration Funds, and approval for the Mayor to
execute a Satisfaction of Mortgage and Promissory Note to cancel the $35,000 mortgage
and promissory note erroneously recorded on March 20, 2007 in the Official Records of
Momoe County, Florida.
RESOLUTION NO. 224-2007
Said Resolution is incorporated herein by reference.
COURT ADMINISTRATION
Board granted approval and authorized execution of a Contract between Momoe
County and AnyTransactions, Inc. to provide the 16th Judicial Circuit's Pretrial Services
Department with electronic supervision via a voice monitoring call-in system of person
placed under their supervision by the Courts.
COMMISSIONERS' ITEMS
Board granted approval to direct staff to advertise for Public Hearing to amend
Ordinance 021-2002, which implemented the Dori Slosberg Driver Education Safety Act,
increasing the surcharge from $3.00 to $5.00 on civil traffic penalties.
Board granted approval of Commissioner McCoy's appointment of Joe McIntosh
to the Arts in Public Places Committee to replace Roger Emmons who is resigning the
position. Mr. McIntosh will complete the remainder ofMr. Emmons term which will end
11/01/08.
Board granted approval of Commissioner McCoy's re-appointment of Jim
Malcolm to the Florida Keys Council for People with Disabilities, with a term expiring
06/20/2010.
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Board granted approval of Commissioner Neugent's appointment of Doug
Gregory to the Marine and Port Advisory Committee with term expiring 04/18/10.
Board granted approval of Commissioner Spehar's appointment of Ms. Kay Miller
to the Key West International Airport Ad-Hoc Committee on Airport Noise, replacing
Mr. John Allen representative of New Town.
Board granted approval of Commissioner Spehar's appointment of Ms. Marci
Peterson as alternate to the Key West International Airport Ad-Hoc Committee on
Airport Noise, she will stand in as alternate for Ms. Kay Miller who is replacing Mr. John
Allen, representative of New Town.
Board granted approval of a Lease Agreement between Monroe County and
Xerox for a WC7132P Copier/Printer for the District 4 office in Marathon.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Special Meetings of Apri13 and 12, 2007 and Regular Meeting of April 18,
2007 (previously distributed).
Board granted approval of the following Warrants (102208-102331 & 517006-
518163): General Fund (001), in the amount of$2,640,621.98; Fine & Forfeiture Fund
(101), in the amount of$4,048,036.19; Road and Bridge Fund (102), in the amount of
$113,769.98; TDC District Two Penny (115), in the amount of $227,407.04; TDC
Admin. & Promo 2 Cent (116), in the amount of $213,624.06; TDC District 1,3 Cent
(117), in the amount of$I,154,975.57; TDC District 2,3 Cent (118), in the amount of
$68,150.36; TDC District 3,3 Cent (119), in the amount of$49,031.04; TDC District
4,3 Cent (120), in the amount of$IO,005.06; TDC District 5,3 Cent (121), in the
amount of$75,750.21; Gov. Fund Type Grants (125), in the amount of$548,657.95;
Impact Fees Roadways (130), in the amount of$276,156.00; Fire & Amb Dist 1 L&M
Keys (141), in the amount of$82,905.62; Upper Keys Health Care (144), in the amount
of$943.44; Fire & Amb Dist 6 Key Largo (146), in the amount of$154.39; Uninc Svc
Dist Parks & Rec (147), in the amount of$51,722.49; Plan, Build, Zoning (148), in the
amount of$195,262.52; Municipal Policing (149), in the amount of $504,908.38; Duck
Key Security (152), in the amount of$3,921.53; Local Housing Assistance (153), in the
amount of$3,850.00; Boating Improvement Fund (157), in the amount of$181,560.73;
Misc. Special Revenue Fund (158), in the amount of $40,365.36; Environmental
Restoration (160), in the amount of$6,150.91; Law Enforcement Trust (162), in the
amount of$3,500.00; Court Facilities Fees-602 (163), in the amount of$12,367.30;
Marathon Municipal Services (166), in the amount of $12.53; Bay Point Wastewater
MSTU (168), in the amount of$25.13; Big Coppitt Wastewater MSTU (169), in the
amount of$100.97; Key Largo Wastewater MSTU (170), in the amount of
$149,671.40; Conch Key MSTU (174), in the amount of$23.65; 1 Cent Infra Surtax
(304), in the amount of $2,660,432.92; 2003 Revenue Bonds (307), in the amount of
$1,617,351.93; Card Sound Bridge (401), in the amount of$159,355.54; Marathon
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Airport (403), in the amount of$120,327.69; Key West IntI. Airport (404), in the
amount of$I,154,658.61; KW AlP Series 2006 Bonds (405), in the amount of
$596,695.04; MSD Solid Waste (414), in the amount of$I,614,636.13; Worker's
Compensation (501), in the amount of$15,644.75; Group Insurance Fund (502), in
the amount of$270,485.88; Risk Management Fund (503), in the amount of
$874,331.99; Fleet Management Fund (504), in the amount of$I77,229.86; Fire &
EMS LOSAP Trust Fund (610), in the amount of$51O.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of May, 2007: Advertising, in the amount of$976,104.29;
Bricks & Mortar/Interlocal Projects, in the amount of$198,935.00; Visitor Information
Services, in the amount of $27,959.94; Events, in the amount of$55,677.53; Office
Supplies & Operating Costs, in the amount of$27,606.12; Personal Services, in the
amount of$50,162.15; Public Relations, in the amount of$66,399.16; Sales &
Marketing, in the amount of$35,328.58; Telephone & Utilities, in the amount of
$125,837.03; Travel, in the amount of $9,746.47.
Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said schedule is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval for the running ofthe 27th Annual 7-Mile Bridge Run for
Saturday, April 19, 2008 from 6:45 A.M. to 9:00 A.M.
COUNTY ATTORNEY
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Alice Pastuck Colpetsir in Code Enforcement Case No.
CE06020191.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with David Swift/Blue Water Printing, Inc. in Code Enforcement
Case No. CE05060351.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Dasha Renee Ray in Code Enforcement Case No.
CE0505175.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Edgar and Carolyn Braswell in Code Enforcement Case No.
CE05020296.
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Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Irene B. Chaffee in Code Enforcement Case No.
CE040300l2.
Board granted approval and authorized execution of a proposed Settlement
Agreement in the Code Enforcement Case of Monroe County, Florida v. Valerie F.
Kennedy, Case No. CE05070055.
Board granted approval and authorized execution of Amendment No.2 to a
Reimbursement Interlocal Agreement between Monroe County and the Property
Appraiser to expand his services in collecting non-ad valorem assessments for sewer
service to include the Big Coppitt and Summerland/Cudjoe/SugarloafWastewater
Service Areas for Fiscal Year 2007-2008 and each Fiscal Year thereafter as long as levied
by the County.
Board granted approval to award of bid for misdemeanor probation services to
Court Options, Inc.
Board granted approval and authorized execution of a Settlement Agreement in
Hill Family Investments, Inc. v. Monroe County, Case No. CA P 07-316.
Board adopted the following Resolution amending Resolution No. 635-2006 to
correct the service area descriptions in Exhibit B with regard to the uniform method of
collecting non-ad valorem special assessments; providing fro the mailing of this
Resolution; and providing an effective date.
RESOLUTION NO. 225-2007
Said Resolution is incorporated herein by reference.
Board granted approval of payment to Thomas D. Wright, Esquire for coverage
for John J. Wolfe, P.A. as legal counsel for Planning Commission meetings to be held
6/13/07 in Marathon and 6/27/07 in Key Largo at the rate of $1 ,500 per meeting.
Board granted approval of April 2007 invoice in the amount of$28,035.00 from
Paul Hastings for services regarding Galleon v. Monroe County, Case No. 2004-CA-02-
595-K.
Board granted approval of April 2007 invoice in the amount of$48,833.74 from
Paul Hastings for services regarding Collins v. Monroe County, Case No. 2004-CA-379-
M
Board granted approval of May 2007 invoice in the amount of$40,225.09 from
Stephen.T. Moore, P.e. for services regarding Collins v. Monroe County, Case No. 2004-
CA-379-M
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Board granted approval and authorized execution of a Settlement Agreement in
the Bert J. Harris Act claim of Lloyd A. Good, Jr. for two parcels of property he owns
located on SugarloafKey, Florida.
Board granted approval and authorized execution of a Declaration of Restrictions
and Covenant in the Code Enforcement Case of Monroe County, Florida v. Tracy Baker,
Case No. CE03080337.
Board granted approval and authorized execution of a First Amendment to
Agreement for legal services dated July 19, 2006 between Monroe County and Gray
Robinson, P.A. This amendment consolidates three matters under one contract, adds
timekeepers and authorizes the hiring of an expert. The approval of this First
Amendment supersedes and rescinds a First Amendment approved on January 17, 2007,
which was not signed timely by the parties.
Board granted approval and authorized execution of an Addendum for Delayed
Shipments between Monroe County and Thomas W. Ruff and Company to the Contract
entered into on October 18, 2006. This addendum is requested because additional
handling expenses have been incurred because the Freeman Justice Center (FJe) has not
been completed; and Thomas W. Ruff and Company has delivered the first shipment of
furnishing for the FJC.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Mayor DiGennaro excused himself from the meeting.
The Board discussed (a) termination of Lease Agreement with Francis J. Gonzon
d/b/a Salute for non-payment of rent and maintenance beginning in February 2007, and
(b) issue Request for Proposal to find replacement tenant. Suzanne Hutton, County
Attorney discussed the matter. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Murphy authorizing the County Attorney to go
through the termination process and the issuance of an RFP, conditioned upon receipt of
payment. Motion carried unanimously, with Mayor DiGennaro not present.
The Board discussed (a) termination of two (2) Lease Agreements with Tropical
Watersports, LLC (for watersports/sailboat and umbrellalbeach chair rental at Higgs
Beach) for non-payment of rent and (b) issue Request for Proposal to find replacement
tenant(s). Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent authorizing the County Attorney to go through the termination process and the
issuance ofan RFP, conditioned upon receipt of payment. Motion carried unanimously,
with Mayor DiGennaro not present.
Mayor DiGennaro returned to the meeting and took his seat.
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The Board discussed execution of a State Funded Sub grant Agreement, Contract
No. 07-EC-33-ll-54-0l, between Monroe County and the Division of Emergency
Management (DEM) in the amount of$1,029,547.00 toward construction ofa new
County Emergency Management Operations Center. Dave Koppel, County Engineer
discussed the matter. The following individuals addressed the Board: Sue Heim, Jerry
Coleman and Pauline Klein. Tom Willi, County Administrator discussed the matter.
After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy granting approval of the item. Roll call vote was unanimous.
The Board discussed advertisement of a Request for Proposals for DesignlBuild
Services to construct a hotel at the Marathon Airport in conjunction with the new County
EOC building. The following individuals addressed the Board: Sue Heim, Ron Miller,
Jerry Coleman, and Pauline Klein. Dave Koppel, County Engineer; Sal Zappulla,
Division Director Budget & Finance; and Tom Willi, County Administrator discussed the
matter. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent granting approval of the item. Roll call vote was taken with the
following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
The Board discussed advertising a Request for Proposals for Professional Services
to Design an Emergency Operations Center (EOC) for Monroe County: The following
individuals addressed the Board: Sue Heim and Jerry Coleman. Danny L. Kolhage, Clerk
of Courts also discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner McCoy to approve the item. Roll
call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
The Board discussed waiving bid irregularities associated with hiring of JLU
Enterprises Corporation for the work at the Key West International Airport. Dave
Koppel, County Engineer; Suzanne Hutton, County Attorney; Danny Kolhage, Clerk of
Court; and Tom Willi, County Administrator discussed the matter. After discussion,
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motion was made by Commissioner McCoy and seconded by Commissioner Spehar
granting approval ofthe item. 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.
The Board discussed amending Fiscal Year 2007's Capital Plan funding
allocations for One Cent Infrastructure Sales Tax (Fund 304) and for 2003 Revenue
Bonds (Fund 307). Sal Zappulla, Division Director Budget & Finance discussed the
matter. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy granting approval of the item and adoption of the following
Resolutions:
Transfer of Funds
RESOLUTION NO. 226-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds
RESOLUTION NO. 227-2007
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
The Board discussed approval to solicit a Request for Proposals (RFP's) to
provide training services to employees. Debbie Frederick, Deputy County Administrator
discussed the matter. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
The Board discussed approval to add four (4) flight nurse positions to the
Emergency Services Division budget, Fire Rescue Department, effective May 9,2007.
James Callahan, Acting Fire Chief and Tom Willi, County Administrator discussed the
matter. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to table the item. Roll call vote was taken with the following
results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
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Motion carried.
MISCELLANEOUS ITEM
The Board recognized State Representative Ron Saunders. Representative
Saunders discussed the recent Special Legislative Session concerning property tax relief.
STAFF REPORTS
Communitv Services - Deb Barsell, Division Director discussed year end
contracts for the Social Services Department; all funds have been expended on Alliance
for Aging programs; Bayshore Manor is at full capacity; however, there is a short waiting
list and applications are still accepted; rider ship for the County's transit system has
increased; and the ability to assist low-income seniors with energy costs has grown due to
a new program through the Alliance for Aging.
Emplovee Services - Teresa Aguiar, Division Director discussed Monroe
County's personnel turnover rates, and that Request for Proposals are scheduled to go out
at the end of the month for life insurance for employees and retirees.
Public Works - Dent Pierce, Division Director informed the Board that he
contacted Ron Deans of the Naval Air Station Boca Chica and it was confirmed that the
public may continue to use Boca Chica Beach. The License Agreement has not expired
and will be renewed. Mr. Pierce discussed recent negotiations with Waste Management
concerning changes to their contract. Commissioner Spehar inquired on the status of her
request for the use of the large green garbage cans to be purchased from Waste
Management for county residents.
Emergency Services - Jim Callahan, Acting Fire Chief discussed the celebration
of July 4th, and requested that citizens attend public displays throughout the County in
lieu of setting of fireworks at their personal residences to prevent the potential of hurting
themselves or starting a fire. Mr. Callahan advised the Board that he directed all fire
stations in Monroe County to fly there flags at half mast in honor of the 9 firefighters
killed in South Carolina.
Airports - Peter Horton, Airports Director advised the Board that the annual
FAA certification inspections were held at the Key West International and Florida Keys
Marathon Airports and both received perfect scores. Mr. Horton also advised the Board
that he had been informed by the FAA that they will provide to the County $2.6 million
dollars for the first repayment of the bonds for the new Key West Airport Terminal. Mr.
Horton informed the Board that Emergency Management received two (2) grants for
safety and security equipment for the Key West Airport: $160,000 from the Department
of Homeland Security and $100,000 from the Florida Department of Law Enforcement.
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MISCELLANEOUS
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent to reopen today's agenda in order to allow Sheriff Richard D. Roth to discuss
an item with the Board. Motion carried unanimously. Motion was made by
Commissioner Spehar and seconded by Commissioner Neugent to close the agenda.
Motion carried unanimously. Sheriff Roth addressed the Board concerning a previously
tabled item to add four (4) flight nurse positions to the Emergency Services Division
budget, Fire Rescue Department, effective May 9,2007. Former Monroe County
Commissioner David Rice also addressed the Board. No official action was taken.
ENGINEERING
Dave Koppel, County Engineer discussed with the Board consideration of bid to
sell the Hickory House property. The following individuals addressed the Board:
Donald Craig, representing King's Pointe Marina, LLC; and Jerry Coleman. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting to accept the bid from King's Pointe Marina, LLC in the total amount of
$3,100,000.00 for the sale ofthe Hickory House property. Roll call vote was unanimous.
Mayor DiGennaro excused himself from the meeting.
WASTEWATER ISSUES
Dave Koppel, County Engineer and Liz Wood Elizabeth Wood, Senior
Administrator - Sewer Projects addressed the Board. After discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Neugent to accept Resolution
No. 04-04-07 from the Key Largo Water Treatment District. Motion carried
unanimously, with Mayor DiGennaro not present.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of a 20' Sewer Utility Easement
Agreement for Tract A of Porpoise Point Section Six, the Monroe County Public Service
Building on Big Coppitt, parcel identification no. 00156610-000000. Motion carried
unanimously, with Mayor DiGennaro not present.
Mayor DiGennaro returned to the meeting and took his seat.
The Board discussed a Stakeholder Agreement required for submittal ofthe
Florida Keys Reasonable Assurance Documentation (RAD) to U.S. Environmental
Protection Agency and presentation of Impaired Water requirement to submit the RAD.
Liz Wood Elizabeth Wood, Senior Administrator - Sewer Projects and Tom Willi,
County Administrator discussed the matter.
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GROWTH MANAGEMENT
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval of the rescission of Contract Amendment between Monroe
County and Advanced Data Solutions (approved by not executed from the BOCC
meeting of 1/17/07) and granted approval and authorized execution of First Renewal of
Contract for Services #101-555-2493A between Monroe County and Advanced Data
Solutions to provide document scanning services for the County Building Department for
and additional $50,000 for FY 2006-07. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed a Settlement Agreement with Vantage Property
Development, LLC (Walter P. Drabinski) regarding the lease for the office building at
Overseas Highway, Cudjoe Key, FL 33042. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy granting approval ofthe
pre-suit settlement agreement in the amount of$150,000. Motion carried unanimous.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending
Chapter 15.5, Monroe County Code; providing for amendments to Ordinance No. 010-
2005; providing for reinstatement ofSummerland Key in the legal description ofthe
Summerland/Cudjoe/SugarloafMSTU; providing for revision of the legal description of
the Summerland/Cudjoe/SugarloafMSTU; providing for removal of Summerland Key
from the legal description of the Big Pine MSTU 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 Spehar and seconded by
Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 025-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 6.6-6, Monroe County Code, in order to adopt the 2004 Edition of the Florida
Fire Prevention Code incorporating the National Fire Protection Association (NFPA) I
Uniform Fire and Life Safety Code, 2003 Editions; providing for severability; providing
for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; providing for an effective date. There was no
public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 026-2007
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider adoption of an Ordinance amending
Section 13.5-5, Monroe County Code, by the addition of Ramrod Park to Section 13.5-
5(a); amending Section 13.5-5(m) in order to add Ramrod Park to the list of parks that
allow animals; adding Section 13.5-5(r); providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective date. The following
individual addressed the Board: Kerrie Cromie. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 027-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution the request for
Administrative Relief made by Luis & Norma Gavarrete and Fernando & Janet Gavarrete
on property described as Lot 14, Block 7, amended Plat of Winston Waterways No.2,
Key Largo, RE: 00547211.001400 in the form of one (1) Dwelling Unit Allocation
Award. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Spehar to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 228-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Kenneth C. Lasseter & Frank Graves III on
property described as Lot 431, Port Largo Fifth Addition, Key Largo, RE: 00453475-
004700 in the form of one (1) Dwelling Unit Allocation Award. There was no public
input. Motion was made by Commissioner McCoy and seconded by Commissioner
Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 229-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Marlin Holdings, Inc. on property described as
Lot 20, Block 19, Largo Sound Park 1st Addition and adjacent alley Resolution 40-1971,
Key Largo, Re: 00470060.000000 in the form of one (1) Dwelling Unit Allocation
Award. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 230-2007
Said Resolution is incorporated herein by reference
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A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Marlin Holdings Inc. on property described as
Lot 17, Block 19, Largo Sound Park 1st Addition and Adjacent Alley disclaimed by
Resolution 40-1971, Key Largo, RE: 00470030.000000 in the form of one (1) dwelling
unit allocation award. There was no public input. Motion was made by Commissioner
Murphy and seconded by Commissioner Spehar to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 231-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by James M. & Cheryl A. Scanlon on property
described as Lot 39, Orchid Park, SugarloafKey, RE: 00166977.003900 in the form of
one (1) dwelling unit allocation award. There was no public input. Motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 232-2007
Said Resolution is incorporated herein by reference.
MISCELLANEOUS
James Callahan, Acting Fire Chief discussed fire safety and equipment and the
recent Conch Key and Stock Island fires.
COMMISSIONERS' ITEMS
Mayor DiGennaro discussed his item concerning County public building and
facility infrastructure issues. The following individuals addressed the Board: Connie
Christian, representing the Florida Keys Society for the Prevention of Cruelty to
Animals; Jerry Coleman, and Carol Colburn. Tom Willi, County Administrator
addressed the Board. This matter was referred to Staff.
Commissioner Murphy inquired about information she received concerning the
possibility of removing wastewater funding from the 304 Account. Sal Zappulla,
Division Director Budget & Finance discussed the matter. No official action was taken.
The Board indicated that this item would be heard at a Board workshop.
The following individual addressed the Board concerning support ofthe
Hemingway House continuing to keep cats without being confined to cages: Jerry
Coleman. Ms. Hutton discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Resolution, as revised. Said revision as follows:
Delete the following::
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WHEREAS, Monroe County has not been able to document a single citation
issued by the County to the Hemingway House for mistreatment of a cat, abuse of a cat,
failure to properly license a cat, or give proper medical care to a cat; and
Roll call vote was unanimous.
RESOLUTION NO. 233-2007
Said Resolution is incorporated herein by reference
Commissioner Neugent discussed his item concerning determination that it is in
the County's best interests to sell the County owned property located at Block 19, Lot I
Breezeswept Estates on Ramrod Key (RE:00205890-000000) through the competitive
bidding process and direction to staff to take all steps necessary to dispose of that
property. Bob Shillinger, Assistant County Attorney discussed the matter. The following
individual addressed the Board: Rudy Krause. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Murphy to table the item. Motion
carried unanimously.
Commissioner Neugent discussed his item concerning the red flagging of
Affordable Housing by the Property Appraiser's Office. The following individual
addressed the Board: Jerry Coleman, attorney for the Affordable Housing Task Force.
The Board requested the County Attorney send a letter to Monroe County Property
Appraiser, Ervin Higgs asking that he appear before the Commission at Board's next
meeting to discuss this item.
Commissioner Neugent discussed his item concerning a request by the Habitat for
Humanity of the Lower Keys to designate a piece ofland owned by the Habitat (Old
Balta Dumpsite on Middle Torch Key) which has environmental issues as a Brownfield
Property. Suzanne Hutton, County Attorney discussed the matter and indicated that she
would look into the degree of County legal liability if so designated as a Brownfield
Property and bring back to the Board for consideration. No official action was taken.
COUNTY ADMINISTRATOR
The Board discussed confirmation of the County Administrator's appointment of
Andrew Trivette as the Division Director of Growth Management effective upon
approval. The following individuals addressed the Board: Jerry Coleman, Kay Thacker,
Rudy Krause, Mike Cunningham, and Larry Gardner. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Spehar approving the
confirmation of Andrew Trivette as the Growth Management Director. Roll call vote was
unanimous.
The Board discussed the following two (2) items:
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First Amendment to Agreement No. 101-555-2566A between Monroe County and
Advanced Data Solutions, Inc. for the purposes of amending the payment section of the
Agreement to allow for use of privately or corporately owned aircraft for transportation
of ADS personnel so long as the use conforms to Florida Statute, Monroe County Code,
and is approved by the County Administrator. There is no change in the total contract
amount due to this amendment.
Second Amendment to Agreement No. 101-555-2567A between Monroe County
and Advanced Data Solutions, Inc. for the purposes of amending the payment section of
the Agreement to allow for use of privately or corporately owned aircraft for
transportation of ADS personnel so long as the use conforms to Florida Statute, Monroe
County Code, and is approved by the County Administrator. There is no change in the
total contract amount due to this amendment.
Suzanne Hutton, County Attorney and Debbie Frederick, Deputy County
Administrator discussed the matter. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to table the above two (2)
items to Board's July meeting. Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed instituting collection proceedings and/or enter settlement
negotiations with Jerome Pfahning in Code Enforcement Case No. CE05020266. The
following individual addressed the Board: Ron Miller. Bob Shillinger, Chief Assistant
County Attorney discussed the matter. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Murphy to table the item. Motion
carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution extending Interim
Development Ordinance (IDO) Number 017-2005 and deferring the acceptance of
development applications for the redevelopment and conversion of marine facilities
including commercial marinas and the working waterfront until land development
regulations and comprehensive plan amendments are drafted; providing for exemptions;
providing for expiration within 365 days of the effective date ofthe Resolution or when
the amendments become effective, whichever comes first. The Board accepted public
input with the following individual addressing the Board: Pauline Klein. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Murphy to continue the item to the July 18, 2007 meeting of the Board in Key West at
5:01 P.M. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance repealing
Sections 9.5-171 through 9.5-174 of the Monroe County Code concerning Beneficial Use
Determinations; providing for new regulations concerning Beneficial Use
Determinations; providing a forum for relief; providing an application process; providing
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for a hearing and recommendation by a Special Master; providing for forwarding such
recommendation to the Board of County Commissioners for a hearing; providing for
standards, burden of proof and forms of relief; providing for codification, severability and
repeal of inconsistent provisions; providing for forwarding of this Ordinance to the
Department of Community Affairs and the Secretary of State; providing for an effective
date. There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Murphy to table the item. Motion carried unanimously.
The first of two Public Hearings was held to consider adoption of an Ordinance
amending Section 9.5-247(I) ofthe Monroe County Code; Commercial Fishing Special
District - 12 (CFSD-12 located on Big Pine) to clarify that there is no requirement to
reside in CFSD-12 in order to engage in commercial fishing operations such as
processing and packaging, trap storage and construction; providing for codification,
severability and repeal of inconsistent provisions; providing for forwarding of this
Ordinance to the Department of Community Affairs and the Secretary of State; providing
for an effective date. The Board accepted public input with the following individual
addressing the Board: Alicia Putney, representing the Key Deer Protection Alliance, Inc.
A Public Hearing was held to consider adoption of an Ordinance approving the
request of Lucky's Landing Inc. to amend the official Monroe County Land Use District
Maps, Volume III, Sheet 372, changing the Urban Residential Mobile Home (URM)
Land Use District to Urban Residential (DR), located at 133 Barry Avenue, Mile marker
28.5, Little Torch Key, and described as the n'ly 100 feet of Lot 2, and all of Lot 3, of
Barry Beach, a subdivision of Government Lot 5, and that part of Government Lot 6,
Section 28, Township 66 South, Range 29 East, North of US Highway No. I, on Little
Torch Key, Monroe County, Florida, according to the plat thereof, recorded in Plat Book
2, Page 127 of the Public Records of Monroe County, Florida; providing for severability;
providing for repeal of inconsistent provisions; providing for inclusion in the Monroe
County Code as part of the Land Use District Maps; providing for the transmittal of this
Ordinance to the State Department of Community Affairs and the Secretary of State;
providing for an effective date. The Board accepted public input with the following
individuals addressing the Board: Mike Cunningham, Agent representing Lucky's
Landing, Inc.; Michael Wiggins, Rudy Krause, Robert Cintron, Esq., representing home
owners & Home Owner's Association of Lucky's Landing; Jay Marzella, representing
Barry Avenue Organization; Tina Henize, Ty Symroski, Kathy Wheeler, representing the
Big Pine Key Civic Association; Jerry Coleman, Walter Leeman, representing Parrotdise
Waterfront Restaurant; David Van Loon, Esq., representing Lucky's Landing, Inc.; Kerry
Cromie, and Alicia Putney. Mike Cunningham addressed the Board a second time. The
Clerk announced that a letter had been received from Attorney Robert Cintron, Esq. filing
a formal Letter of Objection from Emil Ourednik. Suzanne Hutton, County Attorney
informed the Board that because today's hearing was a quasi-judicial hearing, any
Commissioner who may have had an ex-parte communication he or she must disclose the
communication. Each Commissioner stated their communication to the best of their
knowledge. Attorney Robert Cintron, Esq. addressed the Board a second time. After
discussion, motion was made by Commissioner Spehar to approve the item. Motion died
for lack of a second. Motion was made by Commissioner Murphy and seconded by
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Commissioner Neugent to deny the item. Roll call vote was taken with the following
results:
Commissioner McCoy No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Mayor DiGennaro No
Motion failed. Motion was made by Commissioner Spehar and seconded by
Commissioner McCoy to adopt the following Ordinance. Roll call vote was taken with
the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
ORDINANCE NO. 028-2007
Said Ordinance is incorporated herein by reference.
Mayor DiGennaro excused himself from the meeting.
A Public Hearing was held to consider adoption of an Ordinance approving the
request filed by the Monroe County Planning Department to amend the Land Use
Designation Map from Improved Subdivision (IS) to Conservation District (CD) for
property described as Angel Fish Keys, PB4-83, Part Government Lot 1, Section 8,
Township 59 South, Range 41 East and Part Government Lots 8, 9, and 10, Section 5,
Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00091510.000000. The Board accepted public input with the
following individual addressing the Board: Joel Reed, representing Ocean Reef. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to adopt the following Ordinance. Motion carried unanimously, with Mayor
DiGennaro not present.
ORDINANCE NO. 029-2007
Said Ordinance is incorporated herein by reference.
Mayor DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider adoption of an Ordinance approving the
request filed by the Monroe County Planning Department to amend the Land Use
Designation Map from Native Area (NA) to Conservation District (CD) for property
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described as Part of Government Lot 2, and Land at Landings & Moorings of Fish erman's
Cove Condo, Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Momoe County, Florida, having real estate number: 00081696.000000. The Board
accepted public input with the following individual addressing the Board: Joel Reed,
representing Ocean Reef. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Spehar to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 030-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance approving the
request filed by the Momoe County Planning to amend the Land Use Map designation
map from Improved Subdivision (IS) to Park and Refuge (PR) for property described as
Part of Tracts A, F & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe
County, Florida, having real estate number: 00569443.005201. The Board accepted
public input with the following individual addressing the Board: Joel Reed, representing
Ocean Reef. After discussion, motion was made by Commissioner Murphy and seconded
by Commissioner Spehar to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 031-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance approving the
request filed by the Momoe County Planning Department and the Ocean Reef Club to
amend the Land Use District Map from Urban Residential (UR) to Suburban Commercial
(SC) for property legally described as Part of Government Lot 4 and Part NE 1/4 of SW
1/4 Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Momoe County,
Florida, real estate #00081710.000000 and Part NE 1/4 ofSW 1/4 Section 7, Township
59S, Range 41E Island of Key Largo, PB4-83, Momoe County, Florida, having real
estate numbers: 00081760.000000 and 00081740.000000. The Board accepted public
input with the following individual addressing the Board: Joel Reed, representing Ocean
Reef. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 032-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance to consider the
request by Frederick J. Zacharias, Trustee to amend the Land Use District (Zoning) Map
from Suburban Commercial (SC) to Urban Residential (UR) for property described as
Tract A, Cross Key Waterways Estates, Section Three, Key Largo, Momoe County,
Florida having the real estate number: 00468473.019200, approximately mile marker
103. The Board accepted public input with the following individuals addressing the
Board: Joel Reed, Agent; Fred Nickerson, Pauline Klein, Steve Walker, Ragan Nicholl,
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and Barry Patterson, representing the Upper Keys Citizen's Association. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to deny the item. Joel Reed, Agent addressed the Board a second time. Suzanne
Hutton, County Attorney informed the Board that because today's hearing was a quasi-
judicial hearing, any Commissioner who may have had an ex-parte communication he or
she must disclose the communication. Each Commissioner stated their communication to
the best of their knowledge. Roll call vote was taken with the following results:
Commissioner McCoy No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Mayor DiGennaro No
Motion failed. Motion was made Mayor DiGeunaro and seconded by Commissioner
Spehar to adopt the following Ordinance. Roll call vote was taken with the following
results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
ORDINANCE NO. 033-2007
Said Ordinance is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed a Resolution directing Staff not to accept or process
applications for building permits, development orders and development permits for
mobile home parks for six (6) months from the May 16, 2007 Board of County
Commissioners meeting date, or until a moratorium or new land development regulations
are adopted by the County Commission, whichever comes first. The following
individuals addressed the Board: Raymond Fries, representing Seahorse Park; Carol
Hamon, representing Seahorse Park; Kay Thacker, Mary Lessard, and Pauline Klein.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the
following Resolution recognizing legislation in progress and directing Staff to defer the
acceptance and processing of development applications and the issuance of development
approvals for the redevelopment of mobile home parks; enacting this policy for six (6)
months retroactive to the Board of County Commissioners meeting held May 16, 2007,
or until an interim development Ordinance or new land development regulations are
adopted by the County Commission, whichever comes first. Motion carried unanimously
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RESOLUTION NO. 234-2007
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed Collins v. Monroe
County, Case No. 2004-CA-379-M, and other matters concerning property rights and
County liability.
Mr. Shillinger and Ms. Hutton updated the Board concerning conciliation of an
EEOC case.
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