01/16/2008 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 16, 2008
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll
call were Commissioner Mario DiGennaro, Commissioner Sylvia Murphy,
Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Charles
"Sonny" McCoy. Also present at the meeting were Debbie Frederick, Acting 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
Murphy granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 30 years of service to Monroe County
to James McDill, Environmental Coordinator, Household Hazardous Waste, Public
Works Division.
Presentation of Employee Service Award for the Month of October, 2007, to
Ludwig "Ski" Witkowski, Master Electrician, Correction Facilities, Public Works
Division.
Presentation of Mayor's Proclamation Proclaiming the Month of February, 2008
as National Water Quality Awareness Month in Monroe County.
BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Board granted approval to accept the highest bid for sale of surplus property from
Mark Hutchings, for one (1) 1990 Ford Crane Truck, County ill #4030, in the amount of
$575.67.
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Board granted approval and authorized execution of Amendment 003 to 2006-
2007 Nutrition Services Incentive Program (NSIP) (formerly USDA) Rate Agreement,
Contract US-751 between the Alliance for Aging of Dade and Monroe Counties and the
Monroe County Board of County Commissioners (Social ServicesINutrition Program).
Board granted approval to award Public Works surplus items as described in the
Recap of Bid Opening on December 11, 2007 (Items 1,5,6,8, 14, 15, 16, 18,25,26,27,
28,29,31,32,33,35,36,37,39,45,46,47,50,52,53,56, 57, 58, 62, 66, 68, and 71).
Said recap is incorporated herein by reference.
Board granted approval to obtain a real estate appraisal for possible future sale of
the Plantation Key Public Works Building, 103 Key Heights Drive, Plantation Key (f/k/a
the Old Desert Palm Motel).
Board granted approval to award bid and authorized execution of an Agreement
between Monroe County and Bob Hilson & Co., Inc. for roofrepair at the Spottswood
Building, Plantation Key.
Board granted approval to (I) terminate month-to-month Contract with Synagro
South, LLC effective January 27,2008; and (2) award bid and execute a Contract
between Monroe County and U.S. Water Services Corporation for the operation and
maintenance of the sewage treatment plant at the Plantation Key Government Complex.
Board granted approval to award bid and authorized execution of a Contract
between Monroe County and Mowrey Elevator Service, Inc. doing business as Oracle
Elevator Company of Florida for complete elevator service maintenance for Monroe
County.
Board granted approval and authorized execution of a Contract Amendment and
Renewal Agreement between Monroe County and Master Mechanical Services, Inc. for
the central air conditioning maintenance and repair for the Upper Keys Facilities.
Board granted approval to renew and authorized execution of the License for Non
Federal Use of Real Property, License No. N69450-08-RP-00009, between Monroe
County and the United States Department of the Navy for use of Navy shoreline on Boca
Chica Beach.
Board granted approval to terminate Lease Agreement between Monroe County
and a Sheriffs Deputy at Location "A" and approved a new Lease Agreement between
Monroe County and a Sheriffs Deputy to reside at Location "B" with rent of $402.00 per
month.
Board granted approval and authorized execution of Modification #1 between
Monroe County and the Division of Emergency Management (DEM) State Funded
Subgrant Agreement No. 08-EC-30-11-54-01-039 that adds $69,966 Federal funding for
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an EOC hardening feasibility study required by the State Hazard Mitigation Grant
Program (HMGP).
Board granted approval, acting as Plan Administrator ofthe Length of Service
Award Plan (LOSAP), to begin 10 year disbursement of funds to three eligible
participants of the plan, Sharon Prime with a monthly benefit of$210.00 commencing
June 1,2006, Kay Cullen with a monthly benefit of$150.00 commencing February 1,
2007, and Linda Lee Sawart with a monthly benefit of $165.00 commencing February 1,
2008.
Board granted approval and authorized execution of Modification #3 to Grant
Agreement No. 06-DS-3W-11-54-01-309 between Momoe County and the Department
of Community Affairs to reinstate and extend through February 28,2008, and
authorization for the Acting County Administrator to execute any other required
documentation in relation to the application process.
Board adopted the following various Resolutions for the Transfer of Funds and
the Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 001-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 002-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 003-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 004-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 005-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 006-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 537-2007 (OMB Schedule Item No.7).
RESOLUTION NO. 007-2008
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 008-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 009-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 010-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. II).
RESOLUTION NO. 011-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 012-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 013-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 014-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 015-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 016-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 017-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 018-2008
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 019-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 020-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 021-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 022-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 023-2008
Said Resolution is incorporated herein by reference.
Amending Resolution No. 407-2007 (OMB Schedule Item No. 24).
RESOLUTION NO. 024-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 025-2008
Said Resolution is incorporated herein by reference.
Board granted approval to accept proposal and authorized execution of an
Agreem(mt for Consulting Services between Monroe County and GAl Consultants, Inc.
to perform the Tavernier Historic District Intensive Level Survey and Publication.
Board granted approval to advertise a Public Hearing for a Budget Amendment
for Local Housing Assistance Fund 153.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Destination Events
Agreement between Monroe County and Miami Swordfish Tournament, LLC for the
lslamorada Swordfish Tournament on August 15-18, 2008 in an amount not to exceed
$28,000, DAC IV, FY 2008 Event Resources.
Board granted approval to advertise a Notice of Request for Proposals for a
Visitor Profile Survey Agency for Monroe County Tourist Development Council.
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Board granted approval and authorized execution of a Destination Events
Agreement between Monroe County and Phil Peterson's Key West Poker Run, LLC
covering the Phil Peterson's 36th Annual Key West Poker Run on September 19-21,
2008 in an amount not to exceed $25,000, DAC I, FY 2008 Event Resources.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing the payment of costs of
employment for the Management Services of the Monroe County Land Steward from the
Monroe County Environmental Land Management and Restoration Fund.
RESOLUTION NO. 026-2008
Said Resolution is incorporated herein by reference.
Board granted approval of reclassification of grant-funded position from
temporary to permanent for the purposes of grant-funded benefits, retroactive to October
1,2007.
Board granted approval to advertise an Ordinance modifying Chapter 5.5, Article
III, Monroe County Code concerning water-borne-craft, establishing No Discharge Zone
regulations for water-borne-craft, providing penalties for violations; providing for repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing for an effective date.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of the request for Expenditures from the Law
Enforcement Trust Fund, as follows:
$750.00 - Coral Shores High School- to help fund the CSHS Mock Trial Team's
participation in the armual state mock trial competition in Orlando.
$20,000 - Take Stock In Children - to help the student-mentoring program
providing fully paid scholarships for low-income families.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the correction of a scrivener's
error contained in Resolution No. 224-2007.
RESOLUTION NO. 027-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving a revision to the Local
Housing Assistance Plan Essential Service Personnel definition; and providing for an
effective date.
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RESOLUTION NO. 028-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving an Amendment to the Local
Housing Assistance Plan Strategy for Disaster Mitigation for Fiscal Years 2006/2007 and
2007/2008; and providing for an effective date.
RESOLUTION NO. 029-2008
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Murphy's reappointment of Dr. James
Boilini to the Parks and Recreation Advisory Board, with a term expiring January 1,
2012.
Board granted approval of Commissioner Spehar's reappointment ofMr. Steven
Miller to the Parks and Recreation Advisory Board, with a term expiring January I, 2012.
COUNTY CLERK
Board granted official approval of the Board of County Commissioner minutes
from the Special Meeting of November 7,2007, and Regular Meeting of November 14,
2007 (pn:viously distributed).
Board granted approval of the following Warrants (103189-103232 & 523901-
524824): General Fund (001), in the amount of $3,969,927.04; Fine & Forfeiture Fund
(101), in the amount of$6,118,199.01; Road and Bridge Fund (102), in the amount of
$40,350.72; TDC District Two Penny (115), in the amount of$303,503.79; TDC
Admin. & Promo 2 Cent (116), in the amount of$366,144.65; TDC District 1,3 Cent
(117), in the amount of $300,639.43; TDC District 2,3 Cent (118), in the amount of
$45,731.72; TDC District 3,3 Cent (119), in the amount of$102,955.74; TDC District
4,3 Cent (120), in the amount of $77,224.15; TDC District 5,3 Cent (121), in the
amount of $47,967.40; Gov. Fund Type Grants (125), in the amount of$65,408.32;
Impact Fees Police Fac (134), in the amount of$4,559.93; Impact Fees Fire and EMS
(135), in the amount of $63,000.00; Fire & Amb Dist 1 L&M Keys (141), in the amount
of$601,381.70; Upper Keys Health Care (144), in the amount of$I,370.22; Uninc Svc
Dist Parks & Rec (147), in the amount of$17,635.09; Plan, Build, Zoning (148), in the
amount of$109,364.04; Municipal Policing (149), in the amount of$I,176,344.26;
Duck Key Security (152), in the amount of$9,900.52; Local Housing Assistance (153),
in the amount of $45,000.00; Boating Improvement Fund (157), in the amount of
$56,588.72; Misc. Special Revenue Fund (158), in the amount of$27,242.87;
Environmental Restoration (160), in the amount of $2,202.46; Law Enforcement
Trust (162), in the amount of$10,540.71; Marathon Municipal Service (166), in the
amount of$815,214.57; Big Coppitt Wastewater MSTU (169), in the amount of
$31,613.15; Stock Island Wastewater (171), in the amount of$2,101.02; Cudjoe-
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SugarloafMSTU (172), in the amonnt of$6.58; Duck Key MSTU (176), in the amonnt
of$2,294.89; Building Fund (180), in the amonnt of$3,796.33; 1 Cent Infra Surtax
(304), in the amonnt of $774,679.82; 2003 Revenue Bonds (307), in theamonnt of
$1,939,528.63; Card Sound Bridge (401), in the amount of$3,468.31; Marathon
Airport (403), in the amount of$140,284.89; Key West Inti. Airport (404), in the
amount of$98,741.08; KW AlP Series 2006 Bonds (405), in the amount of
$1,678,175.74; MSD Solid Waste (414), in the amount of$I,131,313.56; Worker's
Compensation (501), in the amonnt of $32,291.97; Group Insurance Fund (502), in
the amount of$182,937.02; Risk Management Fund (503), in the amonnt of
$319,209.12; Fleet Management Fund (504), in the amount of$190,295.82.
Board granted approval ofthe following Tourist Development Council
Expenditures for the month of December, 2007: Advertising, in the amount of
$491,169.19; Bricks & Mortar/Projects, in the amount of$155,149.41; Visitor
Information Services, in the amount of$98,850.00; Events, in the amount of
$162,561.34; Office Supplies & Operating Costs, in the amonnt of$44,173.18; Personal
Services, in the amount of$76,268.1O; Public Relations, in the amonnt of$94,503.01;
Sales & Marketing, in the amonnt of $72,259.43; Telephone & Utilities, in the amount of
$17,240.95; Travel, in the amount of$31,992.27.
COUNTY ATTORNEY
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Edward J. Wedge in Code Enforcement Case CE06010032.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with UZ Enterprises, Inc. c/o Jose Uz, Registered Agent in Code
Enforcement Case CE06040171.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with John A. Tuckus, III in Code Enforcement Case
CE07010057.
Board granted approval and authorized execution of a Settlement Agreement in
Monroe County v. Captain Cross Bones Raw Bar & Grill, Inc., c/o Terry Croushore,
Registered Agent in Code Enforcement Case CE06040100.
Board granted approval and authorized execution of a Settlement Agreement in
Monroe County v. Lee C T Trust PBD Michael Lee in Code Enforcement Case
CE0511 0423.
Board granted approval and authorized execution of an Amendment to Lease and
Concession Agreement between Monroe Connty and the Enterprise Rent A Car at Florida
Keys Marathon Airport.
Motion carried nnanimously.
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MISCELLANEOUS BULK APPROVALS
Dave Koppel, County Engineer reported to the Board concerning the monthly
report on Change Orders reviewed by the County Administrator's Office, and a list of
Change Order requests submitted by contractors, and rejected by EngineeringlFacilities
Development. He advised the Board that there were five Change Orders considered and
approved by the County Administrator for the period beginning December 1, 2007 and
ending December 31, 2007, for a total net credit 01'$68,370.47, and there was one
Change Order request submitted by contractors and rejected by EngineeringlFacilities
Development for an amount 01'$61,532.10. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner DiGennaro to accept the monthly
report on Change Orders. Motion carried unanimously.
Fire Chief Wayne Hinnant - Division Director Emergency Services; and Reggie
Paros, Deputy County Administrator discussed a First Amendment to the Interlocal
Agreement between Monroe County and the Monroe County School Board, to provide
payment for the cost of Enhanced Hurricane Protection Area Upgrade cost for Poinciana
Elementary School to enable the use of the school facility as a hurricane shelter and
Refuge of Last Resort. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner DiGennaro granting approval and authorizing execution of
the item. Motion carried unanimously.
The Board discussed approval to reimburse Mayor Pro Tern Mario DiGennaro for
the cost of a conference room incurred during his recent travel to Washington, DC on
October 2-5,2007, with his meeting with Federal Officials in regards to Wastewater
Issues. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Murphy granting approval ofthe item. Motion carried unanimously.
The Board discussed approval of a Worker's Compensation Settlement in the
amount of forty-five thousand dollars ($45,000.00), inclusive of attorney's fees and costs,
for file #05260900-JH. Teresa Aguiar, Division Director - Employee Services discussed
the matter. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Spehar granting approval of the item. Motion carried
unanimously.
STAFF REPORTS
Public Works Division - Dent Pierce, Division Director reported to the Board
concerning discussions held with School Superintendent Randy Acevedo and Fred Sims
of the School Board's Facilities & Construction Department about complaints received
that the lights at the Sugarloaf School Ball Field are left on when there is no one playing
on the field. Mr. Pierce indicated that the School Board suggested for people to call the
SugarloafSchool front office during school hours if they plan to use the field to request
that the lights be turned on. The School Board's suggestion was taken to the Parks and
Recreation Board but not well received. After discussion, the Board agreed with the
School Board's proposal for people to call the SugarloafSchool front office during
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school hours if they plan to use the field to request that the lights be turned on. In
addition, Mr. Pierce was authorized to look into a demand switch timed lighting system
and report back to the Board.
DIVISION OF GROWTH MANAGEMENT
Andrew Trivette, Growth Management Director discussed the approval of a
Contract for Professional Services for the removal of invasive exotic plants from
conservation lands that are owned or managed by Monroe County. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Spehar
granting approval of the selected contractor, Dot Palm Landscaping, Inc., and authorized
execution of same. Motion carried unanimously.
Andrew Trivette, Growth Management Director discussed a request by Key West
Harbor Development, LLC for a floodplain variance to Section 9.5-317(2)b. in order to
construct 3 detached boat storage buildings, 106,938 SF, 27,500 SF & 10,148 SF, (total
144,576 square feet) below base flood elevation at Lots 5-7 Square 61 Maloney
Subdivision, Stock Island, FL RE#00127470.000000 and 00127480.000000. Suzanne
Hutton, County Attorney also discussed the matter. After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner DiGennaro granting approval
of the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval to utilize professional accounting services of Bishop, Rosasco
& Co. to assist the County with financial/consulting services concerning budget
reductions for FY08 and FY09 on an as needed basis and approval to waive the County's
Purchasing Policy. Motion carried unanimously.
Commissioner Neugent discussed his item concerning a proposal to identify all
remaining affordable housing allocations for Big Pine Key to be released for immediate
distribution in conjunction with a request to US Fish and Wildlife to allow the borrowing
ofthese allocations to be used to address the immediate need for affordable housing on
Big Pine Key. Andrew Trivette, Growth Management Director discussed the matter. No
official action was taken.
COUNTY ADMINISTRATOR
Debbie Frederick, Acting County Administrator discussed the conflicting dates
with the Board of County Commissioner's regular meeting and early voting for the
Primary Election to be held in the Key Largo Library for August 20, 2008, as well as the
General Election on our November 5,2008 Workshop. Motion was made by
Commissioner Murphy and seconded by Commissioner DiGennaro to hold the August
20, 2008 meeting at the Marathon Government Center at 9:00 A.M. and to cancel the
November 5,2008 Workshop. Motion carried unanimously.
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COUNTY ATTORNEY
Suzanne Hutton, County Attorney discussed an automatic rule where Monroe
County will lose 20% of their ROGO allocations, ifthe Administration Commission
agrees with the Department of Community Affairs and gives the County a bad report card
because substantial progress was not made on the County's work program. Ms. Hutton
requested direction, of an available process, to seek a variance from the automatic rule.
Andrew Trivette, Growth Management Director discussed the matter. The Board
authorized the County Attorney to prepare the appropriate documentation to seek the
variance, if necessary.
Suzanne Hutton, County Attorney reported on the status of Contract negotiations
for the sale of the Hickory House property. The Board granted the County Attorney an
additional month to continue contract negotiations.
Suzanne Hutton, County Attorney discussed a request from Representative Stan
Mayfield, Chair of the Environmental & Natural Resources Council, who requested'
Mayor McCoy and Mayor Pro Tern DiGennaro meet with him and other state officials in
Tallahassee to discuss wastewater. The Board agreed for the Mayor, Mayor Pro Tern and
an Assistant County Attorney to travel to Tallahassee next week.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to delete from the agenda Item H2 - approval of a Resolution of the Monroe
County Board of County Commissioners requesting that the Department of
Environmental Protection provide project oversight to assist in the implementation of a
Comprehensive Plan of Wastewater Treatment Management for the Florida Keys.
Motion carried unanimously.
WASTEWATER ISSUES
Elizabeth Wood, Sr. Administrator - Sewer Projects, discussed the approval of a
Second Amendment to the Amended and Restated Interlocal Agreement between Monroe
County and the Key Largo Wastewater Treatment District expanding the "North
Components", as defined in the ILA, to include the Key Largo Regional Wastewater
Project described in Tab 1 of the April 2006 KLWTD Facilities Plan. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
granting approval and authorizing execution of the item. Motion carried unanimously,
with Commissioner Murphy not present.
Commissioner Murphy returned to the meeting and took her seat.
CLOSED SESSION
Suzanne Hutton, County Attorney announced the Attorney-Client Closed
Sessions ofthe Board of County Commissioners in the matter of Monroe County v.
Bender & Associates, CA K 03-915. Per F.S. 286.011(8), the subject matter of the
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meeting shall be confined to settlement negotiations or strategy sessions related to
litigation expenditures. Present at this meeting are Debbie Frederick, Acting County
Administrator; the Board of County Commissioners; Suzanne Hutton, County Attorney;
Bob Shillinger, Chief Assistant County Attorney; and a certified Court Reporter.
Suzanne Hutton, County Attorney announced the Attorney-Client Closed
Sessions of the Board of County Commissioners in the matter of Tropex Construction
Service, Inc. v. Monroe County, CA P 06-44. Per F.S. 286.011(8), the subject matter of
the meeting shall be confined to settlement negotiations or strategy sessions related to
litigation expenditures. Present at this meeting are Debbie Frederick, Acting County
Administrator; the Board of County Commissioners; Suzanne Hutton, County Attorney;
Bob Shillinger, Chief Assistant County Attorney; and a certified Court Reporter.
MISCELLANEOUS
Commissioner DiGennaro acknowledged the following individuals present in the
audience: Tourist Development Council Executive Director, Harold Wheeler and Miami-
Dade County Commissioner, Jose' "Pepe" Diaz.
PUBLIC HEARINGS
\" \ The second of two Public Hearings was held to consider adoption of an Ordinance
adopting amendments to the text of the following Sections of the Momoe County Code;
amending Section 9.5-4 by adding a definition for Seasonal Residential Unit (S-2.1),
including in the definition of Transient Residential Unit (T-4) Seasonal Residential Unit
and adding a definition of Transitional Recreational Vehicle Unit (T -4.1); amending Sec.
9.5-215 by adding the use of Seasonal Residential Unit to the purpose ofthe RV Land
Use District; amending Section 9.5-244 by adding the Seasonal Residential Unit as a
Minor Conditional Use in the RV Land Use District; providing General Requirements for
approval of Seasonal Units within the RV District; providing for codification, severability
and repeal of inconsistent provisions; providing for forwarding of this Ordinance to the
Departm(mt 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: Ron Miller, representing the Upper Keys Civic Association. Andrew Trivette,
Growth Management Director addressed the Board. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Neugent to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 001-2008
Said Ordinance is incorporated herein by reference.
\~. A Public Hearing, continued from the Board's meeting of December 19, 2007,
was held to consider adoption of an Ordinance adopting an amendment to the Momoe
County Land Development Regulations adding Section 9.5-266.1 "Affordable Housing
Incentive Programs"; Providing a program dealing with mobile homes; Providing for
severability and repeal of inconsistent provisions; providing for transmittal to the
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Department of Community Affairs and the Secretary of State; providing effective date;
providing for incorporation in the Monroe County Code of Ordinance. The Board
accepted public input with the following individual addressing the Board: Ron Miller,
representing the Upper Keys Civic Association. Lisa Tennyson, Monroe County
Affordable Housing Coordinator; and Affordable Housing Attorney Jerry Coleman, P.L.
discussed the matter. Motion was made by Commissioner DiGennaro and seconded by
Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 002-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance imposing an
Interim Development Ordinance prohibiting the approval of new allocations ofROGO or
NROGO for Big Pine Key and No Name Key until such time as a Mitigation Ordinance
is adopted by the Board of County Commissioners or to be effective for allocations
through and including the ROGO Allocation Quarter ending July 14, 2008 whichever
occurs first; providing for severability; providing for the repeal of all inconsistent
provisions; providing for the transmittal ofthis Ordinance to the State Department of
Community Affairs; providing for an effective date. The Board accepted public input
with the following individuals addressing the Board: James Shea, Kathy Wheeler, Mic
Putney, representing Last Stand; and Alicia Putney, representing the Key Deer Protection
Alliance. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Spehar that there be no moratorium. Roll call vote was taken
with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 9.5-120.5, extending the moratorium on new transient units, such as hotel or
motel rooms, or campground, recreational vehicle or travel trailer spaces; providing for
severability; providing for repeal of inconsistent provisions; providing for an effective
date; and providing for transmittal for codification. The Board accepted public input with
the following individuals addressing the Board: Ron Miller, representing the Upper Keys
Civic Association, Pauline Klein, and Kay Thacker. Commissioner DiGennaro excused
himself fi'om the meeting. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner Murphy to approve, per Staff recommendation, the
following Ordinance. During discussion, Commissioner Spehar requested to extend the
Moratorium for 1 year. The amendment was accepted by the maker and second. Roll
call vote was unanimous, with Commissioner DiGennaro not present.
REVISION
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ORDINANCE NO. 003-2008
Said Ordinance is incorporated herein by reference.
Connnissioner DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 9.5-120.6, extending the moratorium on transfer of Recreational Vehicle Spaces
to hotel and motel units off-site; providing for severability; providing for repeal of
inconsistent provisions; providing for an effective date; and providing for transmittal for
codification. The Board accepted public input with the following individual addressing
the Board: Pauline Klein. After discussion, motion was made by Connnissioner Neugent
and seconded by Connnissioner Murphy to extend the Moratorium for 1 year. Roll call
vote was taken with the following results:
Connnissioner DiGennaro No
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar No
Mayor McCoy No
*
Motion jailed.
Andrew Trivette, Growth Management Director discussed the above item.
A Public Hearing was held to consider adoption of an Ordinance amending
Sections 6-20 concerning Building Permits and Inspections; providing for
connnencement of work; deleting the terms "red" and "black" inspections and providing
for approved inspections; amending Section 6-20(f) to provide time periods for
demolition permits; providing for severability; providing for repeal of inconsistent
provisions; providing for inclusion in the Monroe County Code; providing for an
effective date. There was no public input. Motion was made by Commissioner
DiGennaro and seconded by Connnissioner Neugent to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 004-2008
Said Ordinance is incorporated herein by reference.
*
A Public Hearing was held to consider adoption of an Ordinance deleting
outdated and obsolete provisions of Chapter 6 of the Monroe County Code Section 6-
17(d) regarding permits for building activities resulting from Hurricane Wilma; providing
for severability; providing for the repeal of inconsistent provisions; providing for
inclusion in the Monroe County Code; providing for an effective date. There was no
public input. Motion was made by Connnissioner Spehar and seconded by
REVISION
15
Commissioner DiGennaro to adopt the following Ordinance.
unanimously.
Motion carried
ORDINANCE NO. 005-2008
Said Ordinance is incorporated herein by reference.
*
A Public Hearing was held to consider adoption of an Ordinance amending
Section 2-299, Momoe County, providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Momoe County
Code of Ordinances; and providing an effective date. (The proposed Ordinance would
amend the Momoe County Code to clarify that the six members who sit on the TDC by
virtue of involvement with the tourist industry are representing a tourism tax collection
district in which the member's business is located. The proposed amendment would also
clarify the absenteeism policy of the TDC, by stating that the absence of an elected
official who is absent because of his /her official business shall be considered an excused
absence and shall not be counted toward the three maximum allowable absences). The
Board accepted public input with the following individuals addressing the Board: Jackie
Harder, representing the Key Largo Chamber of Commerce; Rob Stober, representing the
Islamorada Chamber of Commerce, and Patti Stanley. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 006-2008
Said Ordinance is incorporated herein by reference.
*
A Public Hearing was held to consider adoption of an Ordinance clarifying the
authority for the appointment of members to the Momoe County Shared Asset Forfeiture
Fund Advisory Board; providing for terms of members; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Momoe County Code of Ordinances; and providing an effective
date. There was no public input. Motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 007-2008
Said Ordinance is incorporated herein by reference.
*
A Public Hearing was held to consider adoption of a Resolution raising the rate
for attorney's fees sought by the County Attorney's Office under Section 2-365 of the
Momoe County Code. There was no public input. Chief Assistant County Attorney, Bob
Shillinger advised the Board he was in possession of five Affidavits in support of the
item. Th,~ affidavits were included as part of the official record. Motion was made by
Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following
Resolution. Roll call vote was unanimous.
RESOLUTION NO. 030-2008
16
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution to amend the One
Cent Infrastructure Sales Surtax Fund, Fund #304, and 2003 Revenue Bonds Fund, Fund
#307 for the Fiscal Year beginning October 1,2007, and ending September 30,2008.
There was no public input. Motion was made by Commissioner Murphy and seconded
by Commissioner DiGennaro to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 031-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider the Issuance of Certificate of Public
Convenience and Necessity (COPCN) to Air Methods Corp., through its subsidiary
Rocky Mountain Holdings, LLC d/b/a LifeNet for the operation for an ALS transport air
ambulance service for the period January 16, 2008 through January 15, 2010. The Board
accepted public input with the following individuals addressing the Board: Randy
Layman, representing Air Methods Corporation. Motion was made by Commissioner
Spehar and seconded by Commissioner Murphy authorizing execution of the item.
Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex -officio Clerk to the
Board of County Commissioners
Momoe County, Florida
~o.LJ ~
Isabel C. DeSantis, D