07/19/2007 Special
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Thursday, July 19, 2007
Key West, Florida
A Special Meeting of the Monroe County Board of County Commissioners
convened on the above date at 9:00 A.M., at the Harvey Governrnent Center. Present and
answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner
Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar, and
Mayor Mario DiGennaro. Also present were Danny L. Kolhage, Clerk; Isabel C.
DeSantis, Deputy Clerk; Suzanne Hutton, County Attorney; Chief Assistant County
Attorney, Bob Shillinger; County Attorney; Thomas Willi, County Administrator;
County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
The following matters were continued from the July 18, 2007 Board Meeting:
The Board discussed a request for a Change Order in the amount of$7l,621.00
concerning the Three-Party Contract No. DC646 between Monroe County, Department of
Environmental Protection (DEP) and OTAK Group, Inc. to complete the fishing
platforms at the Tom's Harbor Cut Historic Fishing Bridge. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Murphy approving
the item. Motion carried unanimously.
Commissioner Neugent discussed his item for direction to legal to propose
necessary action/legislation so that pickup on neglected trash piles could be picked up
and immediately billed to property owners. Chief Assistant County Attorney, Bob
Shillinger discussed the matter. The item was referred to the County Attorney's Office
for further action.
Commissioner Neugent discussed his item that it would be in the County's best
interests to sell the County owned property located at Block 19, Lot 1 Breezeswept
Estates on Ramrod Key (RE:00205890-000000) through the competitive bidding process
giving direction to staffto take all steps necessary to dispose ofthat property with a
minimum bid of demolition cost. Property would be sold with conservation easement or
as a ROGO lot. Chief Assistant County Attorney, Bob Shillinger discussed the matter.
The Board agreed to hear this item at next month's meeting.
COUNTY ATTORNEY
Chief Assistant County Attorney, Bob Shillinger discussed a recent ruling
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from the Administrative Law Judge concerning the Tier Ordinance Challenge and a
request wherein the Department of Community Affairs (DCA) joined Monroe County in
the objections filed with the condition that the county authorize returning to the
negotiating table with the challengers and DCA to reach a final resolution acceptable by
all parties. The Board acknowledged the request.
The Board discussed a First Amendment to the Contract between Monroe County
and the Division of Administrative Hearings to provide hearing officers for code
enforcement cases. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy granting approval and authorizing execution of the
item. Motion carried unanimously.
Chief Assistant County Attorney, Bob Shillinger discussed a request to schedule a
Closed Executive Session ofthe Board of County Commissioners in the matter of
Monroe County v. Lodge Construction, Case No. CA-K-00-617. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
hold the Closed Executive Session on August 15,2007 at 1 :30 P.M. in the Key Largo
Library. Motion carried unanimously.
Chief Assistant County Attorney, Bob Shillinger discussed collection proceedings
and/or entering into settlement negotiations with Raphael Edward Doody in Code
Enforcement Case No. CE06030161. After discussion, motion was mad by
Commissioner Murphy and seconded by Commissioner Neugent to leave the existing
lien and take no further action. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Mayor DiGennaro Yes
Motion carried.
Chief Assistant County Attorney, Bob Shillinger discussed a request to schedule a
Closed Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Carlton Howard vs. County of Monroe, 06-CV-10113 at the August 15,2007
BOCC meeting or some other date, time and location to be determined by the Board.
After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy to hold the Closed Executive Session on August 15,2007 at 1:30
P.M. in the Key Largo Library. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item concerning a request from the
appropriate Constitutional Office to provide clear identification of deed restricted
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housing. Ervin Higgs, Monroe County Property Appraiser addressed the Board. Mr.
Higgs acknowledged the request.
ADDITIONS, CORRECTIONS, DELETIONS
There were no Additions, Corrections or Deletions made to the Agenda.
FISCAL YEAR 2008 BUDGET MEETING
Overview & Discussion of Major Issues
Tom Willi, County Administrator and Sal Zappulla, Division Director Budget and
Finance were present throughout the day for eachl County Division budget presentation.
Tom Willi, County Administrator presented his Budget Message and an Overview
of major issues.
Sal Zappulla, Division Director Budget and Finance discussed certain areas of
Fiscal Year 2008 Proposed Annual Operating and Capital Improvement Projects.
LAND AUTHORITY
Mark Rosch, Executive Director and Kim Nystrom, Office Manager presented the
proposed budget request for Fiscal Year 2008.
CLERK OF COURT
Danny L. Kolhage, Clerk of Court and Marva Green, Assistant to the Clerk
presentedl the proposed budget request for Fiscal Year 2008.
PROPERTY APPRAISER
Ervin Higgs, Monroe County Property Appraiser presented the proposed budget
request for Fiscal Year 2008.
TAX COLLECTOR
The Tax Collector was not present as the budget is derived from the State.
STATE ATTORNEY
Nancy Criswell, representing the State Attorney's Office presented the proposed
budget request for Fiscal Year 2008.
PUBLIC DEFENDER
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Rosemary Enright, Public Defender presented the proposed budget request for
Fiscal Year 2008.
JUDICIAL
Honorable Sandra Taylor, Circuit Court Judge presented the proposed budget
request for Fiscal Year 2008.
SUPERVISOR OF ELECTIONS
Harry L. Sawyer, Jr., Supervisor of Elections presented the proposed budget
request for Fiscal Year 2008.
TOURIST DEVELOPMENT COUNCIL
Harold Wheeler, Executive Director and Lynda Stuart, Office Manager presented
the proposed budget request for Fiscal Year 2008. The following speaker addressed the
Board: Diane Beruldson.
HEALTH DEPARTMENT
Robert B. Eadie, J.D., Administrator presented the proposed budget request for
Fiscal Year 2008.
PUBLIC WORKS
Dent Pierce, Public Works Director and Beth Leto, Assistant Public Works
Director, presented the proposed budget request for Fiscal Year 2008.
ENGINEERING - CAPITAL PLAN
Dave Koppel, County Engineer presented the proposed budget request for Fiscal
Year 2008.
COMMUNITY SERVICES
Deb Barsell, Division Director Community Services; Doug Gregory, Extension
Services Director and Marine Sea Grant Agent; and Norma Kula, Library Director,
presented the Community Services proposed the budget request for Fiscal Year 2008.
The following speakers addressed the Board: Frances Carlisle, representing American
Association of Retired Persons, (AARP)/Older American's Advisory Board,
OAAB/Seniors ofthe Keys; Scott Zimmerman, William C. Niles, Bobby Pillar, Joshua
Nicklaus, George Niles, President of the Florida Keys Commercial Fishermen's
Association; Pam Martin, President ofthe Extension Advisory Board and President of the
Upper Keys AARP Club; Gwen Hawtof, Dave Hawtof, Barbara Hill, Michelle Barre,
Gary Sands, Richie Hanson, Gary Nichols, III, representing Nichols Seafood; Jeff
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Cramer, Cynthia Larson, Albert Sullivan, representing Last Stand; Allison Higgins,
representing The Nature Conservancy; Cristina Lindley, Diane Beruldson, and Ron
Miller.
COUNTY ATTORNEY
The Board discussed the following item: I) Memorandum of Understanding, 2)
Declaration of Non-exclusive Irrevocable Easement, 3) Ground Lease Agreement, and
4) Memorandum of Lease with the City of Marathon (hereafter "City") for the
installation of the City's force main sewer line along the Florida Keys Marathon Airport
(hereafter "FKMAP) utility easement; conditioned upon approval by the Federal
Aviation Administration (hereafter "FAA") and review and acceptance by Monroe
County Engineering of the Easement Parcel Survey to be provided. Pedro Mercado,
Assistant County Attorney and Peter Horton, Airports Director discussed the matter.
After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent granting approval of the above four (4) items including any non-
substantive changes that need to be made and contingent upon FAA approval and
acceptan'ce of the legal description. Motion carried unanimously.
VETERAN'S AFFAIRS
Charles Ingraham, Veteran's Affairs Director presented the proposed budget
request for Fiscal Year 2008.
EMPLOYEE SERVICES
Teresa Aguiar, Division Director Employee Services presented the proposed
budget request for Fiscal Year 2008.
BUDGET & FINANCE
Sal Zappulla, Division Director Budget & Finance presented the proposed budget
request for Fiscal Year 2008. Mr. Zappulla discussed the Ad Valorem Millage
Summary. Said document is incorporated herein by reference.
The following public speakers addressed the Board: Diane Beruldson, Henry
Bikofsky, Pam Martin, Frances Carlisle, representing the AARP; and Ron Miller.
TECHNICAL SERVICES
Lisa Druckmiller, Senior Administrator presented the proposed budget request for
Fiscal Year 2008.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
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Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
.lhaLL 0. ~VamivJ
Isabel C. DeSantis, Deputy Clerk