06/18/2008 Regular
117
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 18,2008
Marathon, Florida
A Regular Meeting of the Monroe 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
DiGenrlaro. Also present at the meeting were Roman Gastesi, County Administrator;
Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney;
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 McCoy and seconded by Commissioner
Neugent granting approval ofthe Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 10 years of service to Monroe County
to Irene Toner, Director, Emergency Management, Emergency Services Division.
Presentation of the Florida Keys Council for People with Disabilities Award to C.
J. Geotis, Port Manager of the City of Marathon, Florida.
Presentation of a Mayor's Proclamation in recognition of the community services
provided by the American Red Cross.
BULK APPOV ALS
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent granting approval ofthe following items by unanimous consent:
Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and Synagro Southeast, Inc. for operation and maintenance of
the sewa.ge treatment plant at the Florida Keys Marathon Airport.
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Board granted approval and authorized execution of Third Amendment to Ground
Lease Agreement between Monroe County and Sea Grape Apartments, LTD, to extend
the deadline to commence construction of Project.
Board granted approval and authorized execution of an Agreement Addendum for
Interim Medical Examiner Services between Monroe County and Michael D. Hunter,
M.D., P.A. to extend Agreement for District 16 Medical Examiner Services on a month-
to-month basis pending the appointment of a permanent Medical Examiner and to
providf: for an increase in monthly payment to provide janitorial services upon occupancy
of new Medical Examiner's Facility.
Board granted approval and authorized execution of a Contract Renewal between
MonrOI: County and Culver's Cleaning Company to provide janitorial services at the
Florida Keys Marathon Airport.
Board adopted the following Resolution appointing eleven (11) members to the
Affordable Housing Advisory Committee pursuant to F.S. Section 420.9076 and F.A.C.
Chapter 67-37.010.
RESOLUTION NO. 158-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Federal Aviation
Administration Grant Agreement, Project Number: 3-12-0037-036-2008) consisting of
the following: "Part 150 Noise Mitigation: Noise Insulation Program Phase 6
Construction +/- 46 homes" concerning the Key West International Airport.
Board granted approval and authorized execution of Federal Aviation
Administration Grant Agreement, Project Number: 3-12-0037-035-2008 consisting of the
following: "Improve Runway 9/27 Safety Area - Phase 2 (Final)" concerning the Key
West International Airport.
Board granted approval of Federal Aviation Administration grant(s) for additional
funding for the Noise Insulation Program Phase 6 construction and/or Noise Insulation
Program Phase 7 Design, for the Key West International Airport, and approval for the
Mayor to execute the grant agreement( s) upon receipt from FAA.
Board granted approval ofURS Purchase Service Order 06/07-24R, for the
Runway Safety Area Design Plans and Specifications, for the Key West International
Airport.
Board adopted the following Resolutions for the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Rescinding Resolution No. 008-2008 (OMB Schedule Number 1)
RESOLUTION NO. 159-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds. (OMB Schedule Item Number 2)
RESOLUTION NO. 160-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds. (OMB Schedule Item Number 3)
RESOLUTION NO. 161-2008
Said Resolution is incorporated herein by reference.
Amending Resolution 082-2008 (OMB Schedule Item Number 4)
RESOLUTION NO. 162-2008
Said Resolution is incorporated herein by reference.
Unanticipated Funds (OMB Schedule Item Number 5)
RESOLUTION NO. 163-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 6)
RESOLUTION NO. 164-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 7)
RESOLUTION NO. 165-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 8)
RESOLUTION NO. 166-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 9)
RESOLUTION NO. 167-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 10)
RESOLUTION NO. 168-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 11)
RESOLUTION NO. 169-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 12)
RESOLUTION NO. 170-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 13)
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RESOLUTION NO. 171-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 14)
RESOLUTION NO. 172-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 15)
RESOLUTION NO. 173-2008
Said Resolution is incorporated herein by reference.
Board granted approval to terminate County Fiscal Year 2008 Contract between
Monrocl County and PACE Center for Girls, Inc. as of March 31, 2008.
Board adopted the following Resolution authorizing the submission of the
Consolidated Solid Waste Management Grant Application to the Florida Department of
Environmental Protection for Fiscal Year 2009.
RESOLUTION NO. 174-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Great Florida Birding Trail
Sign Maintenance Agreement between Monroe County and the Florida Fish and Wildlife
Conservation Commission.
Board granted approval for the Pigeon Key Foundation to have a licensed
contractor make repairs to the laundry room building on Pigeon Key.
Board granted approval to advertise an Ordinance amending Section 13.5-5,
Monro,: County Code, by the addition of Big Pine Key Park to Section 13.5-5(a);
amending Section 13.5-5(d) setting hours of operation for Big Pine Key Park; amending
Section 13.5-5(n) adding Big Pine Key Park to the list of Parks that allow animals;
amending Section 13.5-5, by adding subsection (s) regulating the use of skates, roller
blades, skateboards, and the use of Big Pine Park for racquetball, handball, roller hockey,
fitness lmd any similar activity, 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.
Board granted approval and authorized execution of Amendment and 1 st Renewal
Agreement between Monroe County and Diversified Services of Key West, Inc. for
janitorial services at the May Hill Library, Key West, Florida and the Department of
Juvenile Justice Building - second floor.
Board granted approval and authorized execution of a Contract Amendment
between Monroe County and Siemens Building Technologies, Inc. to increase the not to
exceed amount of$25,000 to $45,000 for additional services for the testing, certification,
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and maintenance of the Monroe County Detention Center's fire alarm system, building
automation system, and smoke control system; the Sheriffs Administration Building's
fire alarm system and building automation system; the Juvenile Justice Center's fire alarm
system and building automation system; and the Courthouse Annex's fire alarm system.
Board granted approval and authorized execution of Amendment and 1st Renewal
Agreement between Monroe County and ARAMARK Uniform Services, a division of
ARAMARK Uniform & Career Apparel, LLC for the Division of Public Works uniform
services. Amendment adds an additional option for 100% cotton garments, and exercises
the first option to renew for an additional year.
Board granted approval to award bid and authorized execution of a Contract
between Monroe County and All Power Generators, Corp. for emergency generator
inspections, maintenance, and repairs.
Board granted approval to enter into a Federally Funded Subgrant Agreement
with State of Florida Division of Emergency Management for the Marathon Garage
Overhead Door Wind Retrofit Project.
Board granted approval of a month-to-month Contract Extension between Monroe
County and MBVK2M for professional architectural/engineering services under a
continuing contract for small projects in which construction costs do not exceed
$1,000,000.
Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and Stand Up for Animals, Inc. extending the current Contract
one (1) additional year (period July 1, 2008 - June 30, 2009) and changing the hours of
operation of the Big Pine Key Animal Shelter from 10 a.m. - 2 p.m. to 8 a.m. - 12 p.m.,
Tuesday through Saturday.
Board granted approval to amend State of Florida Department of Children and
Families Contract No. KG060, extending the Contract for an additional six months. The
new effective date of the Contract shall be December 31, 2008. The additional County
match shall be $4,483.00 for the period from July 1, 2008 through December 31, 2008.
Board granted approval and authorized execution ofthe Home Care for the
Elderly (HCE) Case Management Contract No. KH872 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, 2008 through June 30, 2009.
Board granted approval and authorized execution ofthe Alzheimer's Disease
Initiative (ADI) Contract No. KZ897 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 7/1108 to 6/3012009.
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Board granted approval and authorized execution of the Community Care for the
Elderly (CEC) Contract No. KC87l between the Alliance for Aging, Inc. (Area Agency
on Aging) and the Monroe County Board of County Commissioners (Community
Servic(:s/In-Home Services) for Fiscal Year 7/1/08 to 6/30/2009.
Board adopted the following Resolution superseding Resolution No. 245A-2006,
and adopting an amended fee schedule for use by the Special Taxing District for
providing emergency medical air transport ambulance services.
RESOLUTION NO. 175-2008
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a notice of calling for bidsIRFP to select a
vendor who will review and update the current Monroe County Public Works All-Hazard
Emerg(mcy Plan.
Board granted approval to award bid and authorized execution of a Standard Form
of Agreement between Monroe County and B.A.T. Construction for installation of a
culvert at Breezeswept Beach Estates on Ramrod Key.
Board granted approval and authorized execution ofthe Second Amendment to
Agreement between Monroe County and Paradise Divers, Inc., for Temporary Ferry
Service to Pigeon Key to increase number of additional trips for education groups to 119.
Board granted approval to award bid and authorized execution of a Standard Form
of Agreement between Monroe County and Charley Toppino & Sons, Inc. for the Prado
Circle Stormwater Improvements Project on Big Coppitt Key.
Board granted approval of quote #BBS0803l8085500 for an Addendum to
Bellsouth Business Services Master Agreement #DS0025 from AT&T for a NetVPN
circuit to replace a current MCSO frame circuit. Furthermore, by approval of the
Addendum the Board also ratifies the Bellsouth Business Master Services Agreement
#DS0025 dated September 20, 2002.
Board granted approval of quote #BBX080408lll908 for an Addendum to
Bellsouth Business Services Master Agreement #DS0025 from AT&T for two (2)
NetVPN circuits to replace two (2) current Court Administration NetVPN circuits.
Furthennore, by approval of Addendum the Board also ratifies the Bellsouth Business
Master Services Agreement DS0025 dated September 20, 2002.
Board granted approval of Order Attachment for CSA Services #FL08-52l4-02
from AT&T for renewal of Monroe County BOCC primary rate interface (PR!)
agreem(mts.
Board granted approval and authorized execution of an Agreement of Lessor
between Monroe County for the benefit of Marine Bank, as collateral Lender and Conch
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Flyer, Inc., as part ofthe new airport terminal project and in exchange for extending lease
agreement, Lessee - John B. Richmond, President agreeing to invest $1,000,000 in
equipping and outfitting the new restaurant space.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1 st
Amendment) to Agreement between Momoe County and Red Barn Actors' Studio, Inc.
covering the Red Barn Theatre/Live Theatre between October 2007 and September 2008
to revise Exhibit A reflecting changes to schedule.
Board granted approval and authorized execution of an Amendment (1 st
Amendment) to Agreement between Momoe County and Lower Keys Chamber of
Commerce, Inc. to revise event name from "Big Pine Key Winterfest and Island Art Fair"
to "Big Pine and Lower Keys Island Art Festival".
Board granted approval and authorized execution of an Agreement between
MomOI: County and Judy Bobick d/b/a Ace Building Maintenance, to provide janitorial
services for the TDC Administrative Office at 1201 White Street, Suite 102, Key West.
Board granted approval of an Amendment to Agreement between Momoe County
and Key West Council on the Arts to revise their Schedule of Events "Exhibit A".
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution transferring funds from the Employee
Fair Share Housing Fund No. 136 to the Building Department Fund No. 180 and
authorizing further transfers by Resolution of the Board of County Commissioners.
RESOLUTION NO. 176-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution establishing the Green Building Code
Task Force to recommend Green Standards for new building codes.
RESOLUTION NO. 177-2008
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the request for Expenditures from the Law
Enforcement Trust Fund, as follows:
$2,000 - Little Conch Baseball: to help sponsor travel expenses of players and
coaches to attend out oftown tournaments.
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$1,000 - Samuel's House, Inc.: to help sponsor "Adopt a Mom" campaign.
$1,250 - Art Behind Bars: these funds will cover printing/mailing the invitations
and underwrite expenses associated with "Art Behind Bars" annual Birthday Part Show
that benefits inmates and helps in lowering recidivism.
$1,500 - KW Girls Softball League, Inc.: to help sponsor the travel expenses of
players and coaches to attend out of town tournaments.
COMMISSIONERS' ITEMS
Board granted approval and authorized execution of a Commencement Date
Agreement between Monroe County and Islander Village, LLC., - Commencement Date:
May 29,2008 Initial Term Expiration Date: May 28,2107.
Board granted approval and authorized execution of a Consent of Monroe County,
Florida to the filing of a Declaration of Protective Covenants, Restrictions and Easements
ofIslander Village, an affordable housing project.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Regular BOCC meeting of April 16, 2008 (previously distributed).
Board granted approval of the following Warrants (103583-103678 & 529073-
529914): General Fund (001), in the amount of$I,764,044.09; Fine & Forfeiture Fund
(101), in the amount of$6,256,370.11; Road and Bridge Fund (102), in the amount of
$36,849.06; TDC District Two Penny (115), in the amount of $300,474.42; TDC
Admin. & Promo 2 Cent (116), in the amount of $941,524.20; TDC District 1,3 Cent
(117), in the amount of$162,950.62; TDC District 2,3 Cent (118), in the amount of
$37,254.39; TDC District 3,3 Cent (119), in the amount of$106,506.30; TDC District
4,3 Cent (120), in the amount of$28,792.89; TDC District 5,3 Cent (121), in the
amount of $204,412.42; Gov. Fund Type Grants (125), in the amount of$588,319.54;
Fire & Amb Dist 1 L&M Keys (141), in the amount of$104,269.51; Upper Keys
Health Care (144), in the amount of$I,502.25; Uninc Svc Dist Parks & Rec (147), in
the amount of$34,414.85; Plan, Build, Zoning (148), in the amount of$147,090.94;
Municipal Policing (149), in the amount of$764,486.37; Duck Key Security (152), in
the amount of$3,915.24; Local Housing Assistance (153), in the amount of
$157,726.05; Boating Improvement Fund (157), in the amount of$8,124.89; Misc.
Special Revenue Fund (158), in the amount of$49,863.99; Environmental Restoration
(160), in the amount of$8,225.86; Law Enforcement Trust (162), in the amount of
$9,020.00; Court Facilities Fees-602 (163), in the amount of$6,943.30; Big Coppitt
Wastewater MSTU (169), in the amount of$2,369.14; Key Largo Wastewater MSTU
(170), in the amount of$223,071.88; Duck Key MSTU (176), in the amount of
$1,760.00; Building Fund (180), in the amount of$3,204.81; 2003 Revenue Bonds
(207), in the amount of$164,134.85; 1 Cent Infra Surtax (304), in the amount of
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$157,364.49; 2003 Revenue Bonds (307), in the amount of$I,298,917.61; Infra Sls
Srtx Rev Bds 2007 (308), in the amount of$484,225.20; Big Coppitt Wastewater Pr
(310), in the amount of$946,644.75; Card Sound Bridge (401), in the amount of
$269,182.28; Marathon Airport (403), in the amount of$326,672.85; Key West IntI.
Airport (404), in the amount of$241,566.00; KW AlP Series 2006 Bonds (405), in the
amount of$I,597,633.39; MSD Solid Waste (414), in the amount of$I,195,804.72;
Worker's Compensation (501), in the amount of $1,327.15; Group Insurance Fund
(502), in the amount of$129,151.02; Risk Management Fund (503), in the amount of
$113,415.55; Fleet Management Fund (504), in the amount of$209,249.32;
Fire&EMS LOSAP Trust Fund (610), in the amount of$I,035.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of May, 2008: Advertising, in the amount of$I,218,046.57;
Bricks & Mortar/Projects, in the amount of $16,861.92; Visitor Information Services, in
the amount of$71,517.00; Events, in the amount of$102,975.86; Office Supplies &
Operating Costs, in the amount of $37,615.18; Personal Services, in the amount of
$141,170.53; Public Relations, in the amount of$94,174.55; Sales & Marketing, in the
amount of $38,546.08; Telephone & Utilities, in the amount of $49,158.19; Travel, in the
amount of$IO,916.48.
Board granted approval to remove surplus equipment from inventory via disposal.
Said list is incorporated herein by reference.
Board granted approval to advertise a citizen member appointment to the Value
Adjustment Board. The citizen member must own a homestead property within the
county.
Board authorized the Clerk of Courts to take any and all action required under the
Bond Documents to effect the replacement of the Remarketing Agent under the bond
documents concerning Airport Variable Rate Revenue Bonds (Key West International
Airport), Series 2006.
COUNTY ADMINISTRATOR
Board confirmed the County Administrator's appointment of Tina Boan to the
position of Senior Director of the Office of Budget & Finance.
Board confirmed the County Administrator's appointment of William Hays to the
position of Director, Veterans Affairs.
COUNTY ATTORNEY
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Eldine Sands in Code Enforcement Case CE07020268.
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Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Victor Lafond in Code Enforcement Case CE07010108.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Cross Key Marina, LLC in Code Enforcement Case
CE07010201.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Faresh Miguel Atala in Code Enforcement Cases
CE06070204, CE06070205, CE06070206 and CE06070207.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Tracy Kamm, Leanne Kamm, Jospeh Juhasz and Dina
Juhasz in Code Enforcement Case CE07040019.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Jeffrey and Mary Mitchell in Code Enforcement Case
CE04020028.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with Martin Nelson and Sara Lleana Lopez in Code Enforcement
Case CE07010300.
Board granted authorization to institute collection proceedings and/or enter
settlement negotiations with David Black in Code Enforcement Case CE07010182.
Board granted approval and authorized execution ofthe Second Amendment to
Legal Consulting Services Agreement between Monroe County and White & Smith,
LLC. The amendment raises the ceiling on fees under the agreement from $100,000.00 to
$15,000.00.
Board granted approval and authorized execution ofthe Sixth Amended
Settlement Agreement in Richard M Osborne & Conch Contrada LC v. Monroe County
& Joseph Paskalik, Case No. CA K 01- J08.
Board granted approval to participate with Leon, Alachua, Manatee, and other
counties in lawsuits challenging any financial obligation of counties to fund regional
conflict counsel, subject to the condition that the County's contribution to the cost of the
litigation is limited $1,000 to be paid out of the County Attorney budget for outside legal
counsel costs.
Board granted approval to file an appeal in the Code Enforcement Case of
Monroe County v. Robert J. Moraitis, Case number, CE-07030383.
Motion carried unanimously.
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MISCELLANEOUS BULK APPROVALS
The Board discussed an Interlocal Agreement between Monroe County and the
School Board of Monroe County to cooperate in support of services formerly offered by
the PACE Center for Girls, Inc. for County Fiscal Year 2008, with option to renew. Tina
Boan, Senior Director ofthe Office of Budget & Finance discussed the matter. After
Board discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy granting approval of the item. Motion carried unanimously.
The Board discussed an Award of Bid and a Contract between Monroe County
and Hospice of the Florida Keys, Inc., d/b/a Visiting Nurse Association, to provide direct
in-home services for the elderly and disabled as provided under grantee to Monroe
County from the Alliance for Aging (e.g., CEC and OAA) and the Department of
Childrm and Families (e.g., CCIA). Deb Barsell, Community Services Director
discussed the matter. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
The Board discussed the acceptance of the monthly report on Change Orders
reviewed by the County Administrator's Office. There was one change order considered
and approved by the County Administrator for the period beginning May 1, 2008 and
ending May 31, 2008, at not cost to the County. There was not any change orders
requested denied to the Contractor by Engineering or Facilities Development. Said report
is incorporated herein by reference. Dave Koppel, County Engineer discussed the matter.
After Board discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy granting approval of the item. Motion carried unanimously.
The Board discussed an Agreement between Monroe County and Leonardo
Nierman to display a 12' tall sculpture titled "Eternal Flight" at the Freeman Justice
Center. Suzanne Hutton, County Attorney discussed the matter. After Board discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Murphy
granting approval of the item. Motion carried unanimously.
The Board discussed an Award of Bid and a Contract between Monroe County
and B.A.T. Construction, Inc., for the Environmental Wetlands Mitigation at the new
Medical Examiner's Facility. B.A.T. Construction, Inc. was the lowest conforming
responsive bidder. The following individual addressed the Board: Crystina Bass,
representing B.A.T. T. Construction, Inc. Dave Koppel, County Engineer and Suzanne
Hutton, County Attorney discussed the matter. After Board discussion, motion was made
by Commissioner Murphy and seconded by Commissioner Neugent granting approval
and authorizing execution of the item. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
The Board discussed Mayor DiGennaro's item concerning a Resolution declaring
support of Congressional Legislation to exclude the developed residential area of the
unrecorded plat on the East End of No Name Key, otherwise known as "Island's End",
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located in Monroe County, Florida from the Federal Coastal Barrier Resources System.
The following individuals addressed the Board: Hallett Douville, Donald Craig,
representing No Name Key residents; Mary Bakke, Kathy Brown, Bruce Turkel, Kristie
Killam, John Bakke, Dave Eaken, John Lentini, and Jim Newton. Suzanne Hutton,
County Attorney and Drew Trivette, Growth Management Director discussed the matter.
The Board requested the item be heard later in the day.
The Board discussed Mayor DiGennaro's item to direct Staff to amend Section
9.5-258 Coastal Barrier Resources System Overlay District of the Monroe County Code
to eliminate the prohibition of the establishment of central wastewater treatment
collection systems and utilities for No Name Key in accordance with previously approved
BOCC direction to include No Name Key within the central sanitary wastewater system
plan for the Lower Keys Regional Service Area. The following individuals addressed the
Board: Dennis Henize, representing Last Stand and himself; John Hammerstrom, Donald
Craig, representing No Name Key residents; Jim Newton, Bob Reynolds, Beth Ramsay-
Vickrey, Mary Bakke, John Lentini, Brad Vickrey, Kathy Brown, Kristie Killam, Dave
Eaken, Kathy Wheeler, Brenda Schneider, Jan Scanlon, Rob Barber, Mirkos Pichel, Mick
Putney, Alicia Putney, representing the Solar Community of No Name Key; Hallett
Douville, and Frank Atwell. Jim Reynolds, Executive Director of the Florida Keys
Aqueduct Authority and Drew Trivette, Growth Management Director discussed the
matter. After Board discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to so word the resolution that the prohibition on
utilities is reworded such that the focus and priority be placed on wastewater first and any
discussion of electric or any other utility is deferred until the wastewater goal is
accomplished. Roll call vote was taken with the following results:
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried. The Board directed Staff to amend the LDR's and Comp Plan.
The Board discussed Mayor DiGennaro's item concerning a Resolution declaring
support of Congressional Legislation to exclude the developed residential area of the
unrecorded plat on the East End of No Name Key, otherwise known as "Island's End",
located in Monroe County, Florida from the Federal Coastal Barrier Resources System.
Suzannl~ Hutton, County Attorney and Drew Trivette, Growth Management Director
discussed the matter. After Board discussion, motion was made by Commissioner Spehar
and seconded by Commissioner Murphy to adopt the following Resolution. Roll call
vote was taken with the following results:
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
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Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 179-2008
Said Resolution is incorporated herein by reference.
Mayor DiGenarro introduced J. B. Hunt of the local chapter of the American Red
Cross in Monroe County who gave a presentation ofthe services provided to the local
communities ofthe Keys.
The Board discussed Commissioner Neugent's item concerning a request by a
constituent to waive conditional use fee for a one story motel located at the Sugarloaf
Lodge. The following individuals addressed the Board: Lloyd Good, Jr. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of the request. Motion carried unanimously.
CLOSED SESSIONS
Suzanne Hutton, County Attorney announced a closed Executive Session of the
Board of County Commissioners in the matter of Department of Community Affairs v.
Monroe County, et ai, DOAH 08-2035. Present at the meeting will be the Board of
County Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne
Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Susan
Grimsley, and Assistant County Attorney Derek Howard, and a certified court reporter.
Suzanne Hutton, County Attorney announced a closed Executive Session of the
Board of County Commissioners in the matter of Celeste Bruno v. Monroe County, CV
07-10117. Present at the meeting will be the Board of County Commissioners, County
Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County
Attorney Bob Shillinger, Mike Burke as special litigation counsel in the pending
litigation, and a certified court reporter.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution concerning a
Budget Amendment to the Fiscal Year 2008 Card Sound Bridge Fund 401; MSD Solid
Waste Fund 414; Fleet Management Fund 504; Key West International Airport Fund 404;
Key West Airport Series 2006 Bonds Fund 405; and Local Housing Assistance Fund 503.
There was no public input. Motion was made by Commissioner Neugent and seconded
by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 178-2008
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of Pompano Drive,
Anglers Park, Key Largo, as recorded in Plat Book I, at Page 159 of the Public Records
of Monroe County, Florida. The Board accepted public input with the following
individual addressing the Board: Donald Craig. After Board discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the
following Resolution. Roll call vote was taken with the following results:
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 181-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending
Section 6-4, Monroe County Code (Unsafe Building); providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective
date. The Board accepted public input. There were no speakers. Motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 015-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Relief made by Cristina Keegan on property described as Lots
5 & 6, Block 8, Anglers Park Subdivision, Key Largo, RE # 00552390.000000 &
00552400.000000 in the form of purchase offer from the Monroe County Land Authority.
The Board accepted public input. There were no speakers. Motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 180-2008
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar to approve the following items via the Public Hearing process. The Board
accepted public input. There were no speakers.
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Resolution approving the request for Administrative Relief made by Marlin
Holding Inc. on property described as Lot 23, Block 7, Largo Gardens Subdivision, Key
Largo, RE # 00456870.000000 in form of one (1) dwelling unit allocation award.
RESOLUTION NO. 182-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Marlin
Holding Inc. on property described as Lot 24, Block 7, Largo Gardens Subdivision, Key
Largo, RE # 00456880.000000 in the form of one (1) dwelling unit allocation award.
RESOLUTION NO. 183-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Marlin
Holding Inc. on property described as Lot 21, Block 7, Largo Gardens Subdivision, Key
Largo, RE # 00456850.000000 in the form of one (1) dwelling unit allocation award.
RESOLUTION NO. 184-2008
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy to approve the following items via the Public Hearing process. The Board
accepted public input. There were no speakers.
Resolution approving the request for Administrative Relief made by Native
Rental Properties, LLC on property described as Lot 10, Block 4, Revised Plat of Sunrise
Point Subdivision, Key Largo, RE # 00484620.000000 in the form of one (1) dwelling
unit allocation award.
RESOLUTION NO. 185-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Rodney
Almeida on property described as Lot 11, Block 6, Winston Waterways #2 Subdivision,
Key Largo, RE # 00546820.000000 in the form of one (1) dwelling unit allocation award.
RESOLUTION NO. 186-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Jorge
Santamaria on property described as Lot 5, Block 3, Bay Harbor Amd. Plat Subdivision,
Key Largo, RE # 00489870.000000 in the form of one (1) dwelling unit allocation award.
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RESOLUTION NO. 187-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Reisman,
Murray & Eleanor (Trustees) on property described as Lot 36, Block 6, Winston
Waterways #2 Subdivision, Key Largo, RE # 00547070.000000 in the form of one (1)
dwelling unit allocation award.
RESOLUTION NO. 188-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Juan C. &
Roxana Varela Quintana on property described as Lot 185, Port Largo Subdivision, Key
Largo, RE # 00453160.000000 in the form of one (1) dwelling unit allocation award.
RESOLUTION NO. 189-2008
Said Resolution is incorporated herein by reference.
Resolution approving the request for Administrative Relief made by Patrick C. &
Lia E. McCaffrey on property described as Lot 5, Lying South of Canal, Paradise Point
Cove Subdivision, Key Largo, RE # 00514050.000000 in the form of one (1) dwelling
unit allocation award.
RESOLUTION NO. 190-2008
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
A Public Hearing was held to consider adoption of a Resolution granting approval
of a Final Plat for the Subdivision of Land into 43 residential lots and two commercial
tracts to be known as Key Haven Estates, which is a replat of Key Haven 4th Addition
Lots 19-23, 9th Addition Lots 3-8 and 11-24, and Enchanted Island Lots 39-44, 63-72,
and 77-83, located within Sections 25 and 26, Township 67, Range 25 East, Monroe
County, Florida. The Board accepted public input. There were no speakers. Motion was
made by Commissioner Neugent and seconded by Commissioner Spehar to table the
Public Hearing to the July 16,2008 BOCC meeting in Key West at 3:00 P.M. Motion
carried unanimously.
A Public Hearing was held to consider an Ordinance, at the request of the
Planning and Environmental Resources Staff, to amend the Monroe County Code Section
9.5-122.4(d) and Section 9.-124.8(a)(3) to allow credit for habitat mitigation on lots
dedicat,~d for positive point values on No Name and Big Pine Keys, and to adopt a new
Section 9.5-350 establishing mitigation requirements for habitat conservation on No
Name and Big Pine Keys. (Staff is requesting this item be continued to the July 16,2008
BOCC meeting in Key West). Motion was made by Commissioner Spehar and seconded
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by Commissioner Murphy to continue the Public Hearing to the July 16, 2008 BOCC
meeting in Key West at 3:00 P.M. Motion carried unanimously.
SOUNDING BOARD
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to continue the Sounding Board item - by Franklin D. Greenman, representing
the Florida Keys Contractors Association, regarding contractors' qualifications for
construction work performed in Monroe County, to the July 16, 2008 BOCC meeting in
Key West at 2:00 P.M. Motion carried unanimously.
WASTEWATER ISSUES
Dave Koppel, County Engineer provided to the Board a written Status Report
Update for the following Wastewater Projects: South Lower Keys Regional WW (Big
Coppitt), Middle/North Lower Keys Cudjoe/Summeriand et al), Duck Key/Conch Key,
and Stock Island.
The Board discussed - the Florida Keys Aqueduct Authority, South Florida Water
Management District, Growth Management & Planning and as a FYI to the public,
Section 163 .3177( 6)(h) F .S. requires coordination between water supply providers and
the recipient local government. Such coordination may include sharing of updated
information to meet ongoing water supply needs, implementation of alternative water
supply project, establishing Level of Service. Drew Trivette, Growth Management
Director discussed the matter.
STAFF REPORTS
.Growth Management - Drew Trivette, Growth Management Director updated the
Board on the following matters: Dedesignation Hearings and Monroe County's Year
2010 Assessment - dates have been set before the Florida Cabinet and Cabinet Aides:
September 10, 2008 before the Cabinet Aides (Alternate date of September 26, 2008) and
September 16, 2008 before the Cabinet (Alternate date of September 30, 2008). Mr.
Trivette discussed the report provided to the BOCC entitled Monroe County's Area of
Critical State Concern Dedesignation Report. Mr. Trivette di~cussed Resolution No.
166-2006 which extends the authority of the Growth Management Division Director to
toll the time limit requirements for obtaining a building permit or required permit
inspections for properties adversely impacted by the court ordered permanent injunction
on the issuance of new flood insurance policies under the National Flood Insurance
Prograrn pending resolution of same, or 180 days from May 15, 2006, whichever first
occurs. Mr. Trivette indicated he plans to bring back to the Board an amendment to the
resolution to remove the provision which requires the applicant to provide proof of denial
from an insurance company or lender.
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ENGINEERING
Dave Koppel, County Engineer discussed the matter. After Board discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval ofthe Selection Committee who will review the response to the RFQ
for the Americans with Disabilities Compliance Assessment for County Facilities and
Roads. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board discussed approval of a Second Amendment to Agreement for
Services between Monroe County and Greenberg Traurig P.A. for the consulting services
of Kenneth Metcalf, extending the Contract expiration date for one year, changing the
funding source and amending the scope of work. The following individuals addressed
the Board: Ron Miller, representing the Upper Keys Citizens Association; Kay Thacker,
and Pauline Klein. Drew Trivette, Growth Management Director and Roman Gastesi,
County Administrator discussed the matter. After Board discussion, motion was made by
Commissioner Spehar and seconded by Commissioner McCoy granting approval and
authorizing execution of the item. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator discussed the upcoming Special Budget
Meeting scheduled for July 2,2008; and, the Board's earlier confirmation of Tina Boan
to the position of Senior Director of the Office of Budget & Finance and William Hays to
the position of Director, Veterans Affairs.
COUNTY ATTORNEY
The Board discussed a Settlement Agreement in the matter of Monroe County v.
John A. Tuckus, Ann C. Tuckus, and John A. Tuckus, III, Case Nos. U8-02-400 and
CE07010057. Suzanne Hutton, County Attorney discussed the matter. After Board
discussion, motion was made by Commissioner Spehar and seconded by Commissioner
McCoy granting approval and authorizing execution ofthe item. Motion carried
unanimously
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance extending
Interim Development Ordinance No. 017-2005; Adopting an Interim Development
Ordinance deferring the acceptance of Development Applications for the Redevelopment
and Conversion of Marine Facilities, including commercial marinas and the working
waterfront, until necessary Land Development Regulations and Comprehensive Plan
Amendments are drafted and effective; Providing for exemptions; Providing for
severability and repeal of inconsistent provisions; Providing for transmittal to the Florida
Department of Community Affairs (DCA) and the Secretary of State; Providing for an
135
effective date; Providing for an expiration date. The Board accepted public input with
the following individuals addressing the Board: Ron Demes, representing Naval Air
Station Key West; Ron Miller, Kay Thacker, Pauline Thacker, Peter Bacle, representing
Stock Island Lobster Company, David Paul Horan, representing Old Island Harbor;
Owen Trepanier, and Andrew Tobin, Esq. Drew Trivette, Growth Management Director
discussed the matter. After discussion, motion was made by Commissioner Spehar to
approve the ordinance with the following revisions:
Agenda Item Wording/Summary Sheet - A public hearing to consider a
resolution to extend an Interim Development Ordinance (IDO) deferring the acceptance
of applications for redevelopment andlor conversion of marine facilities including
commercial marinas and working waterfronts for one year after the effective date or
when applicable comprehensive plan ana/er laRa asyeleJlmeHt regulatiaRs become
effective.
Page 1 of 7 - Ordinance Title - An Ordinance by the Monroe County Board of
County Commissioners extending Interim Development Ordinance No. 017-2005;
Adopting an Interim Development Ordinance deferring the acceptance of Development
Applications for the Redevelopment and Conversion of Marine Facilities, including
commen:ial marinas and the working waterfront, until necessary LlHla DeveloJlmeHt
RegulatieRs and Comprehensive Plan Amendments are drafted and effective; Providing
for exemptions; Providing for severability and repeal of inconsistent provisions;
Providing for transmittal to the Florida Department of Community Affairs (DCA) and the
Secretary of State; Providing for an effective date; Providing for an expiration date.
Page 5 of 7 - Section 4. Deferred Action
a) Accepting or processing development applications relating to redevelopment
or conversion of existing uses and structures for:
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use, that results in new permanent market-
rate residential structures or transient development
b) Issuance of building permits for redevelopment or conversion of existing uses
and structures for:
(4) any change of use ofa parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use, that results in new permanent market-
rate residential structures or transient development
c) Issuance of development orders and development permits of existing uses and
structures for:
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use, that results in new permanent market-
rate residential structures or transient development
136
Motion died for lack of a second.
Motion was then made by Mayor DiGennaro to lift the Moratorium. During
discussion, Mayor DiGennaro changed his motion that the Moratorium be restricted to
six months. Motion died for lack of a second.
After further discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to approve the following Ordinance for a period of
six months, the Land Development Regulations clause be withdrawn, and include the
following revisions:
Page 5 of 7 - Section 4. Deferred Action -
a) Accepting or processing development applications relating to redevelopment
or conversion of existing uses and structures for:
(4) any change of use of a parcel of parcels of working waterfront t&-a
eemmereial marina er a nen water sepenaeHt I1se, that results in new permanent market-
rate residential structures or transient development
b) Issuance of building permits for redevelopment or conversion of existing uses
and structures for:
(4) any change of use of a parcel of parcels of working waterfront t&-a
eemmereial marina er a nen 'l.'ater a6JlenseHt ase, that results in new permanent market-
rate residential structures or transient development
c) Issuance of development orders and development permits of existing uses and
structures for:
(4) any change of use of a parcel of parcels of working waterfront t&-a
eemmereial marina er a nen v:ater a6JlenaeHt I1se, that results in new permanent market-
rate residential structures or transient development
Roll call vote was unanimous.
ORDINANCE NO. 015-2008
Said Ordinance is incorporated herein by reference.
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
137
~MQ,lSJvJ~
Isabel C. DeSantis, Deputy'clerk