04/16/2008 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 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; 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 Spehar and seconded by Commissioner
Murphy granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of the 2007 Employee of the Year Award to Brandon Gill, Systems,
Analyst, Technical Services Division.
Presentation of Mayor's Proclamation observing the week of May 18-24,2008 as
Emergency Medical Services Week.
Day.
Presentation of Mayor's Proclamation observing May 10, 2008 as World Lupus
Presentation of Mayor's Proclamation declaring April 2008 as Water
Conservation Month in Monroe County.
Presentation of Mayor's Proclamation declaring the week of April 13-19, 2008, as
National Library Week.
Presentation of Mayor's Proclamation declaring the month of April 2008, as
Library Appreciation Month.
Presentation of Mayor's Proclamation proclaiming the week of April 13-29, as
National Victims' Rights Week.
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Presentation of Employee Service Award for the month of December, 2007, to
Dawn Thomas, Extension Coordinator, Extension Services, Community Services
Division.
Presentation of Employee Service Award for the month of February, 2008, to
Debra Rainer, Paralegal, County Attorney's Office.
Presentation of a Resolution of the Board of County Commissioners of Monroe
County, Florida, to create "Reef Week" April 6 to April 13 ofthe Year 2009, a series of
community events to raise awareness about the Florida Keys Marine Sanctuary's Marine
Resources to be coordinated by Sanctuary Friends Foundation of the Florida Keys.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent granting approval of the following items by unanimous consent:
Resolution ofthe Board of County Commissioners of Monroe County, Florida, to
create "Reef Week" April 6 to April 13 of the Year 2009, a series of community events to
raise awareness about the Florida Keys Marine Sanctuary's Marine Resources to be
coordinated by Sanctuary Friends Foundation of the Florida Keys.
RESOLUTION NO. 081-2008
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement between
Monroe County and the Department of Homeland Security, Transportation Security
Administration, for installation of two (2) Reveal Imaging Technologies CT-80
Explosive Detection Systems (EDS), in the new Terminal Building at the Key West
International Airport.
Board granted approval for Greyhound Lines to occupy rental space at the Key
West International Airport, Adam Arnold Annex, on a month to month basis, pending a
new Lease Agreement.
Board adopted the following various Resolutions for the Transfer of Funds and
the Receipt of Unanticipated Revenue:
Resolution amending Resolution Number 023-2008. (OMB Schedule Number I)
RESOLUTION NO. 082-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds. (OMB Schedule Item Number 2)
RESOLUTION NO. 083-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds. (OMB Schedule Item Number 3)
RESOLUTION NO. 084-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 4)
RESOLUTION NO. 085-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 5)
RESOLUTION NO. 086-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 6 - Budget Reductions)
RESOLUTION NO. 087-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 7)
RESOLUTION NO. 088-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 8)
RESOLUTION NO. 089-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 9)
RESOLUTION NO. 090-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 10)
RESOLUTION NO. 091-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 11)
RESOLUTION NO. 092-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 12)
RESOLUTION NO. 093-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 13)
RESOLUTION NO. 094-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 14)
RESOLUTION NO. 095-2008
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item Number 15)
RESOLUTION NO. 096-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 16)
RESOLUTION NO. 097-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 17)
RESOLUTION NO. 098-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 18 - Budget Reductions)
RESOLUTION NO. 099-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds - (OMB Schedule Item Number 19)
RESOLUTION NO. 100-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds - (OMB Schedule Item Number 20)
RESOLUTION NO. 101-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 21)
RESOLUTION NO. 102-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds - (OMB Schedule Item Number 22)
RESOLUTION NO. 103-2008
Said Resolution is incorporated herein by reference.
Board granted approval of a Budget Amendment for the Supervisor of Elections
to reflect the allocation of county matching funds for the FY 2008 approved budget in
accordance with F.S. Chapter 129.201.
Board granted approval and authorized execution of an Agreement between
Monroe County and the Monroe County Sheriffs Office for the Criminal Justice, Mental
Health, and Substance Abuse Reinvestment Grant Funds.
Board granted approval ofthe addition of three positions to the Criminal Justice,
Mental Health, and Substance Abuse Reinvestment Grant (CJMHSARG) Planning
Council, one to be filled by a representative ofthe Upper Keys; one to be filled by a
representative ofthe Middle Keys; and one to be filled by a representative of the Lower
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Keys. Direction to CJMHSARG Planning Council to advertise these openings and make
recommendations to BOCC for new members.
Board accepted the monthly report on Changes Orders reviewed by the County
Administrator's Office, and a list of Change Order requests submitted by contractors, and
rejected by Engineering/Facilities Development. There were two Change Orders
considered and approved by the County Administrator's Office for the period beginning
March I, 2008 and ending March 31, 2008, for a total cost of$78,359.1I, and there was
one Change Order request submitted by a contractor and rejected by
EngineeringlFacilities Development totaling $154,840.77.
Board granted approval and authorized execution of an Agreement for Consulting
Services between Monroe County and MBIIK2M Architecture, Inc. for the Americans
with Disabilities Act (ADA) Compliance Assessments for Monroe County Facilities and
Roads.
Board granted approval and authorized execution of an Agreement for
Professional Services between Monroe County and MBIIK2M Architecture, Inc. for the
interior :md exterior modifications of the Marathon Courthouse.
Board granted approval to reduce retainage from 10% to 5% for Fonticella
Construction Corp. for the construction of the Medical Examiner's Facility.
Board granted approval and authorized execution of Amendment No. I to Local
Governmental Agreement between South Florida Water Management District and
Monroe County to provide $500,000 funding for stormwater management projects.
Board granted approval to apply for a Community Care for the Elderly Grant up
to the maximum amount available (approximately $459,836) and for the Acting County
Administrator to sign all application documents relating to the grant submission.
Board granted approval to apply for a Community Care for Disabled Adults
(CCDA) Grant (last year - $81,730) and for the Acting County Administrator to sign all
application documents relating to the grant submission.
Board granted approval to advertise Request for Qualifications to determine the
costs of subcontracting with Community-Based Home Healthcare Agencies for the
delivery of direct core services (e.g., respite, homemaker, personal care, chore,
emergency repairs, etc.) in the homes of the elderly and/or disabled throughout Monroe
County.
Board granted approval of an Amendment to Agreement between G.A. Food
Service, mc. and Monroe County (Social Services/Nutrition Program) to change the April
- October 2008 Congregate meal menu at an additional cost per meal, as required by the
Alliance for Aging, Inc.
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Board granted approval to amend the County's Grant Application for Federal
Transmit Administration Section 5316 Job Access & Reverse Commute Program Funds,
submitted pursuant to Resolution No. 498-2007, to increase the total amount of grant
funding requested to $123,677 (originally $82,776) and increasing the County's match
obligation to $12, 367 (originally $8,277). This amendment is required for awarding of
the increased funding and requires the Board's approval and execution of the revised
Grant Application Form 424 reflecting the increases.
Board granted approval and authorized execution of a Land Lease between
Momoe County and ITT Corporation to lease a parcel ofland at the Florida Keys
Marathon Airport for use as an aeronautical equipment site.
Board granted approval to exercise County's right of first refusal in order to
decline an offer to purchase a share in Hangers On, Inc. aircraft hangars.
Board adopted the following Resolution adopting the Momoe County
Comprehensive Emergency Management Plan; directing the Momoe County Emergency
Management Department to notify the State Division of Emergency Management of the
adoption date of the County Emergency Management Plan.
RESOLUTION NO. 104-2008
Said Resolution is incorporated herein by reference.
Board granted approval to accept bid proposal from Marsh USA for Property
Insurance package through Lexington Insurance Company and Landmark American
Insurance Company.
Board granted approval to pay $258,008 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy.
Board adopted the following Resolution expressing the County's commitment to
enter into a Conservation Easement as part ofthe Runway Safety Area Construction
Project at the Key West International Airport to satisfy the permit requirements ofthe
South Florida Water Management District (SFWMD) and enable the permit to move
forward at the May 15th meeting of the SFWMD.
RESOLUTION NO. 105-2008
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1st
Amendment) to Agreement between Momoe County and Key West Fishing Tournament,
Inc. to revise Exhibit A relating to the times/schedule for the Southernmost Swordfish
Tournament.
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Board granted approval and authorized execution of an Amendment (2nd
Amendment to Interlocal Agreement between Monroe County and the City of Key West
for the White Street Pier Rip Rap Installation Project, to extend Agreement.
Board granted approval and authorized execution of an Amendment (1st
Amendment) to Agreement between Monroe County and Cooke Communications, LLC,
a Delaware Limited Liability Company d/b/a FloridaKeys.com and Key West.com, to
extend term of Agreement to September 30,2010.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Contract between Monroe
County and Aqua-Terra, Inc. to provide derelict vessel and marine debris removal
services throughout the keys, and waiver of irregularities in response to Request for
Qualifications and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County and Arnold's Auto & Marine Repair, Inc. to provide derelict vessel and marine
debris n:moval services throughout the keys, and waiver of irregularities in response to
Request for Qualifications and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County and Gunderboom, Inc. to provide derelict vessel and marine debris removal
services throughout the keys, and waiver of irregularities in response to Request for
Qualifications and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County and Lower Keys Marine Towing and Salvage, Inc. to provide derelict vessel and
marine debris removal services throughout the keys, and waiver of irregularities in
response: to Request for Qualifications and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County lmd Spirit Marine to provide derelict vessel and marine debris removal services
throughout the keys, and waiver of irregularities in response to Request for Qualifications
and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County lmd DRC Emergency Services, LLC to provide derelict vessel and marine debris
removal services throughout the keys, and waiver of irregularities in response to Request
for Qua1:ifications and selection of contractor.
Board granted approval and authorized execution of a Contract between Monroe
County aLnd Upper Keys Marine Construction, Inc. to provide derelict vessel and marine
debris removal services throughout the keys, and waiver of irregularities in response to
Request for Qualifications and selection of contractor.
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Board adopted the following Resolution authorizing certain Code Enforcement
Inspectors to issue citations for violations of the Monroe County Code for disposition in
County Court (Miguel Carbonell & Kerry Walbroehl).
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RESOLUTION NO. 105-2008
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval ofthe request for Expenditures from the Law
Enforcement Trust Fund, as follows:
$500.00 - Florida Missing Children's Day: statewide, law enforcement-
sponsofled event. To help raise statewide awareness in the prevention of child abduction
and sexual exploitation.
Board granted approval of Fiscal Year 2008 recommendations of the Monroe
County Shared Asset Forfeiture Fund Advisory Board.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the Monroe County Sheriffs Office regarding funding for
the Intensive Delinquency Diversion Services Program.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution authorizing the expenditure of recaptured
Community Development Block Grant Program Funds in an amount not to exceed
$10,000 to Thomas and Concepcion Lara, C-ll 9th Avenue, Key West, Florida for health
and safety property improvements.
RESOLUTION NO. 106-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the expenditure of recaptured
Community Development Block Grant Program Funds in an amount not to exceed
$10,000 to Kathleen Rich, 29830 Pond Lane, Big Pine Key, Florida for health and safety
property improvements.
RESOLUTION NO. 107-2008
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the expenditure of recaptured
Community Development Block Grant Program Funds in an amount not to exceed
$6,000 to Rose Rhodes, 6650 Maloney Avenue #85, Key West, Florida for health and
safety property improvements.
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RESOLUTION NO. 108-2008
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Spehar's District 1 appointment of Ms.
Gay Hall to the Florida Keys Council for People with Disabilities by the Board of County
Commissioners ofMomoe County. The term for re-appointment is 2 years.
Board granted approval of Commissioner Spehar's District 1 appointment of Ms.
Pam Martin to the Marine and Port Advisory Board by the Board of County
Commissioner ofMomoe County. The term for re-appointment if3 years.
Board granted approval of Commissioner DiGennaro's reappointment of Cynthia
McKnight as the District 4 representative to the Florida Keys Council for People with
Disabilities, term expires April 1 , 2011.
COUNTY CLERK
Board granted official approval of the Board of County Commissioner minutes
from th~: Special Meeting of February 4, 2008, and Regular Meeting of February 20,
2008 (previously distributed).
Board granted approval ofthe following Warrants (103372-103498 & 526805-
527643): General Fund (001), in the amount of$I,504,745.65; Fine & Forfeiture Fund
(101), in the amount of$96,255.38; Road and Bridge Fund (102), in the amount of
$193,303.15; TDC District Two Penny (115), in the amount of$I92,774.52; TDC
Admin. & Promo 2 Cent (116), in the amount of $493,336.40; TDC District 1,3 Cent
(117), in the amount of$498,264.77; TDC District 2,3 Cent (118), in the amount of
$34,604.64; TDC District 3,3 Cent (119), in the amount of$55,345.86; TDC District
4,3 Cent (120), in the amount of$50,167.29; TDC District 5,3 Cent (121), in the
amount of$103,937.34; Gov. Fund Type Grants (125), in the amount of $342,540. 16;
Fire & Amb Dist 1 L&M Keys (141), in the amount of $ 104,289.93; Upper Keys
Health Care (144), in the amount of$71,061.51; Uninc Svc Dist Parks & Rec (147), in
the amount of$55,902.01; Plan, Build, Zoning (148), in the amount of$20,147.15;
Municipal Policing (149), in the amount of$4,218.06; Duck Key Security (152), in the
amount of$3,771.17; Local Housing Assistance (153), in the amount of$69,463.68;
Boating Improvement Fund (157), in the amount of$5,655.00; Misc. Special Revenue
Fund (158), in the amount of$60,917.09; Environmental Restoration (160), in the
amount of$11,849.77; Court Facilities Fees-602 (163), in the amount of$128,234.17;
Marathon Municipal Service (166), in the amount of$6.14; Bay Point Wastewater
MSTU (168), in the amount of$29.74; Big Coppitt Wastewater MSTU (169), in the
amount of $210.52; Key Largo Wastewater MSTU (170), in the amount of
$198,269.09; Stock Island Wastewater (171), in the amount of $30.20; Cudjoe-
SugarloafMSTU (172), in the amount of$29.74; Long Key, Layton MSTU (175), in
the amollnt of $29.74; Duck Key MSTU (176), in the amount of $29.77; Building Fund
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(180), in the amount of$16,047.18; 2003 Revenue Bonds (207), in the amount of
$3,321.38; 1 Cent Infra Surtax (304), in the amount of $1 09,656.48; 2003 Revenue
Bonds (307), in the amount of$I,142,698.58; Infr Sls Srtx Rev Bds2007 (308), in the
amount of$307,01O.63; Card Sound Bridge (401), in the amount of$216,488.33;
Marathon Airport (403), in the amount of$306,687.07; Key West IntI. Airport (404),
in the amount of$410,706.28; KW AlP Series 2006 Bonds (405), in the amount of
$1,473,445.42; MSD Solid Waste (414), in the amount of$I,153,690.56; Worker's
Compensation (501), in the amount of$189.96; Group Insurance Fund (502), in the
amount of$185,044.84; Risk Management Fund (503), in the amount of$124,683.60;
Fleet Management Fund (504), in the amount of$174,638.68; Fire & EMS LOSAP
Trust Fund (610), in the amount of$I,035.00.
Board granted approval ofthe following Tourist Development Council
Expenditures for the month of March, 2008: Advertising, in the amount of$827,960.16;
Bricks & Mortar/Projects, in the amount of$183,523.99; Visitor Information Services, in
the amount of$51,935.00; Events, in the amount of$155,644.15; Office Supplies &
Operating Costs, in the amount of$30,671.62; Public Relations, in the amount of
$82,292.96; Sales & Marketing, in the amount of$71,524.72; Telephone & Utilities, in
the amount of$13,289.01; Travel, in the amount of$12,539.21.
Board granted approval to remove surplus equipment from inventory via disposal.
Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of Older American Advisory (OAA) Board revision to
by-laws. Due to availability of members and in order to improve attendance revisions
have be(m made to the Older American Advisory Board by-laws. At a meeting held by
the OAA Board on March 6, 2008 these revisions were discussed, voted on and accepted.
Said by-laws are incorporated herein by reference.
Approval of appointments to the Older American Advisory Board as outlined on
the list dated April 16, 2008. Said listed is attached hereto.
Board granted approval of the appointment of Commissioner Sylvia Murphy to
serve as an alternate on the Rural Health Network Board.
Board granted approval to hold a Special Meeting on May 23, 2008 in Marathon,
at the Marathon Government Center, starting at 10:00 a.m. for individual Public Hearing
for the transmittal of each proposed Comprehensive Plan Amendment which shall
constitute the 08-02 Monroe County 2010 Comprehensive Plan Amendment Package to
the Florida Department of Community Affairs.
COUNTY ATTORNEY
Board granted approval of the June 2007 invoice in the amount of $72,349.00
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from St<ephen J. Moore, P.C. for services regarding Collins v. Monroe County, Case No.
2004-CA-379-M
Board granted authorization to institute collection proceedings and/or enter
settlemfmt negotiations with Donald Brown and Glenda Rentz in Code Enforcement Case
Nos. CE06010245 and CE06010246.
Board granted authorization to institute collection proceedings and/or enter
settleme:nt negotiations with James Jeanquenat and Patti Russell in Code Enforcement
Case CE06050196.
Board granted authorization to institute collections proceedings and/or enter
settlement negotiations with Orlando E. Ramos, Sf. in Code Enforcement Case
CE06100027.
Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 2-15.1 of Monroe County Code, providing authority for County Staff and/or
contractors to enter onto private land in the event of a declared emergency for removal of
disaster-generated debris, in order to protect the safety, health, and welfare of the public;
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 adopted the following Resolution amending Resolution NO. 157-2000,
which provided a Ground Transportation System for the Key West International Airport;
amending sections 1,2,4,6,7, 8, 9, 10 and 11 to provide new regulations for the
standing and parking oftaxicabs, courtesy vehicles and other motor vehicles at the airport
terminals; adding a new section 12 to provide for airport director authority to make
adjustmfmts to the ground transportation plan; providing for a revised map in Exhibit
"A"; providing for the repeal of all resolutions inconsistent herewith; and providing an
effective date.
RESOLUTION NO. 109-2008
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Dave Koppel, County Engineer addressed the Board concerning approval of a
First Amendment to Contract between William P. Horn Architect, P.A., for professional
services for the renovation and addition ofthe Conch Key Fire Station. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
authorizing execution of the item. Motion carried unanimously.
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Mr. Koppel addressed the Board concerning approval to rescind Contract
Amendment No.4 between Monroe County and William P. Horn Architect, P.A. for
professional services for the construction of the Big Pine Key Fire Station, and approval
of Contract Amendment No.4, Revised between Monroe County and William P. Horn
Architect, P.A. After discussion, motion was made by Commissioner DiGennaro and
seconded by Commissioner Neugent authorizing execution ofthe revised item. Motion
carried unanimously.
Mr. Koppel addressed the Board concerning approval of Change Order #5
between Monroe County and E.G. Braswell Construction, Inc. and waiver of purchasing
policy to complete the construction of the Freeman Justice Center. After discussion,
motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent
authorizing execution of the item. Motion carried unanimously.
Lisa Tennyson, Affordable Housing Coordinator addressed the Board concerning
approval to advertise a Public Hearing for an Ordinance establishing a Local Affordable
Housing Advisory Committee as required by F.s. Section 420.9076 and F.A.C. Chapter
67-37.010 replacing the Workforce Housing Taskforce; providing for severability and
repeal of inconsistent provisions; providing for incorporation into the Monroe County of
Ordinances; providing for transmittal to the Secretary of State and for an effective date.
After discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Spehar granting approval ofthe item. Motion carried unanimously.
Teresa Aguiar, Employee Services Division Director addressed the Board
concerning approval to waive purchasing policy and extend the current contracts for the
County's Third Party Administrator - Wells Fargo and Utilization Review/Case
Management Provider - Keys Physician Hospital Alliance for one (I) year with
provisions to renew for two (2) additional consecutive one year terms. Both of these
contracts expire September 30, 2008. Both Providers have agreed to renew at the current
rate for three additional years. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Murphy authorizing execution of the items.
Motion carried unanimously.
Mr. Koppel addressed the Board concerning approval to waive policies and
procedures to reassign auger piling work to Apex using Bill Sweeney as a subcontractor
for the Key West International Airport Project. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Spehar granting approval of
the item. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced a vacant position available on the Tourist Development
Council District III Advisory Committee for an "At Large" appointment.
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STAFF REPORTS
Peter Horton, Airports Director announced he had received a notification from
Congresswoman Ileana Ros-Lehtinen's office that $9.5 million for runway safety area
improve:ments were approved by the Office ofthe Secretary of Transportation. Mr.
Horton then made a presentation regarding Funding Sources for the McCoy Terminal
Complex.
COMMISSIONERS' ITEMS
Commissioner DiGennaro discussed his item concerning approval of a Resolution
supporting the Florida Keys Scenic Byway Corridor Alliance and efforts for National
Scenic Byways and all American Road designation and funding implementation; and
providing for an effective date. The following individual addressed the Board: Jackie
Harder, representing the Florida Keys Scenic Corridor Alliance. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 110-2008
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed an Employment Agreement between Monroe County and
Roman Gastesi for the position of County Administrator. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar granting
approval and authorizing execution of the agreement. Mr. Gastesi addressed the Board.
Roll call vote was unanimous.
COMMISSIONERS' ITEMS
The Board discussed Mayor McCoy's item concerning the one cent bed sales tax
wherein Ed Scales, on behalf ofthe City of Key West addressed the Board.
WASTEWATER ISSUES
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to delete from the agenda the discussion and approval of reallocation of funding
to the Ke:y Largo Wastewater Treatment District (KLWTD). (This item will be heard at
the May meeting in Key Largo on May 21, 2008). Motion carried unanimously.
STAFF REPORTS
Engineering - Dave Koppel, County Engineer discussed the following matters:
Key West International Airport and the recent tragedy which occurred; Freeman Justice
Center is scheduled to be completed July, 2008; Big Pine Key Park is approximately 70%
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complete and is scheduled to be completed August 5, 2008; Big Pine Key Fire Station
permits are expected within the next 2 weeks to begin work.
)Housing & Communitv Development - Reggie Paros, Acting Assistant County
Administrator advised the Board that Dr. Michael Hunter, Monroe County Medical
Examiner will be leaving the area, effective June 18, 2008.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call was Commissioner George Neugent, acting as Chairman,
Commissioner Sylvia Murphy, and Mayor Charles "Souny" McCoy. Absent were
Chairmlm Clark Snow and Mayor Norman Anderson.
James Callahan, Acting Fire Chief addressed the Board concerning approval of a
Renewal Agreement effective from June 1, 2008 through May 31, 2009, between Board
of Govemors of Fire and Ambulance District 1 of Monroe County, Florida and Advanced
Data Processing, Inc. for rescue ambulance billing and related professional services.
Motion by Commissioner Murphy and seconded by Mayor McCoy authorizing execution
of the item. Motion carried unanimously, with Chairman Clark Snow and Mayor Norman
Anderson not present.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all commissioners
present.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item concerning approval of a Resolution to
support State Legislative Affordable Housing and to emphasize that such efforts not
exclude Monroe County, an Area of Critical State Concern where affordable housing has
been expressly designated as a principle for guiding development. The following
individual addressed the Board: Ian Whitney. Lisa Tennyson, Affordable Housing
Coordinator discussed the matter. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner DiGennaro to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 111-2008
Said Resolution is incorporated herein by reference.
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COUNTY ADMINISTRATOR
Suzanne Hutton, County Attorney addressed the Board concerning approval of a
Resolution rescinding Resolution No. 352-1990 creating the Matecumbe Historical
Board. Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 112-2008
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to adopt the following Resolution in support of funding for the Rural and Family
Lands Protection Act. Motion carried unanimously.
RESOLUTION NO. 112a-2008
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney advised that Board that Attorney Derrick
Howard is now in-house counsel to the Growth Management Division.
COMMISSIONERS' ITEMS
Suzanne Hutton, County Attorney requested for the Board to reopen the agenda to
further discuss agenda item M8 concerning the one cent bed sales tax. The Board agreed.
The following individuals addressed the Board: Ed Scales on behalf of the City of Key
West; Harold Wheeler, Director ofthe Monroe County Tourist Development Council;
Kay Thacker, Jackie Harder, representing the Key Largo Chamber of Commerce; and Ian
Whitney, representing the Key West Inn Keeper's Association. Motion was made by
Commissioner Spehar and seconded by Commissioner Neugent to add to the agenda the
one cent bed sales tax in order for official action to be taken as the matter was on the
agenda tor discussion purposes only. Motion carried unanimously. After further
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Spehar directing Monroe County's lobbyist to convey to the Legislature
that ifth,e additional language is added, the County Commission does support the
proposed legislation. Said additional language is to be inserted before the rest of the
sentence that relates to the allocation ofthe funds, as follows: Unless otherwise directed
bv the Countv Commission via ordinance.. Roll call vote was taken with the following
results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent No
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Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
Commissioner Neugent excused himself from the meeting for the remainder of
the day.
Commissioner Murphy excused herself from the meeting.
PUBLIC HEARINGS
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 Calle Bogota of
the Plat ofSummerland Beach, Addition No.7, recorded in Plat Book 4, Page 74, ofthe
Public Records ofMomoe County, Florida (Summerland Key). There was no public
input. Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to adopt the following Resolution. Motion carried unanimously, with
Commissioner Neugent and Commissioner Murphy not present.
RESOLUTION NO. 113-2008
Said Resolution is incorporated herein by reference.
Commissioner Murphy returned to the meeting and took her seat.
A Public Hearing was held to consider adoption of an Ordinance imposing a
"ninth-c,ent" Local Option Motor Fuel Tax, as authorized by F.S. 206.41(1)(d) and
336.021, upon such fuel sales in all ofMomoe County, including the municipalities
therein, for a period of thirty years unless earlier repealed by the Board of County
Commissioners; remission of the proceeds; providing that the proceeds may only be spent
for transportation expenditures as defined herein; 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 Murphy and seconded by
Commissioner DiGennaro to adopt the following Ordinance. Roll call was taken with the
following results:
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Spehar No
Mayor McCoy Yes
Motion c:arried, with Commissioner Neugent not present.
Suzanne Hutton, County Attorney requested the above item be held to later in the
day so that she may research the requirement of a four-fifths vote for Ordinance approval.
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COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item concerning the creation of a "Green
Team" made of concerned citizens throughout the keys. The purpose of the "Team" is to
recommend to the BOCC green standards for building that would be adopted into the
Monroe County building codes. The following individuals addressed the Board: Donna
Windle and Alicia Putney. Andrew Trivette, Growth Management Director discussed the
matter. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Murphy granting approval of the creation of a "Green Team". Roll call
vote was unanimous, with Commissioner Neugent not present.
WASTEWATER ISSUES
Dave Koppel, County Engineer provided the Board with a written report entitled
Wastewater Projects - Status Report Update, dated April 16, 2008.
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Spehar granting approval and authorizing execution of an Amendment to the September
20,2006 Interlocal Agreement to expand the Summerland/Cudjoe/SugarloafRegional
Wastewater System to cover design for Big Pine Key through Ramrod Key and Lower
Sugarloaf. Motion carried unanimously, with Commissioner Neugent not present.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval and authorizing execution of an Interlocal Agreement between
Monroe County and the Key Largo Wastewater Treatment District (KLWTD) to enable
early cOlmection to the wastewater system for the Murray E. Nelson Center. The County
shall have until June 15, 2008 to pay the assessment. Motion carried unanimously, with
Commissioner Neugent not present.
The Board discussed the direction to Staff to include No Name Key into the
Lower Keys Regional wastewater facility design plans. The following individuals
addressed the Board: Jim Newton, Rick Sweet, Jennifer Sweet, John Bakke, Mary
Bakke, Donald Craig, representing No Name Key Homeowners; Petronella Benton,
Charles Bone, Ruth Newton, Bob Benton, Beth Ramsay-Vickrey, Brad Vickrey, Tom
Sinclair, Bob Reynolds, Dean Thompson, Tara Vickrey, Alicia Putney, Kathy Wheeler,
representing the Big Pine Key Civic Association. Dave Koppel, County Engineer
discussed the matter. The item was referred to Staff for further review.
DIVISION OF GROWTH MANAGEMENT
The Board discussed a Resolution approving a request by the Growth
Management Division for a Tier Overlay Map amendment from Tier I to Tier III for
property having real estate numbers: 00119260.000000, 00119270.000000,
00119280.000000,00119300.000000, 00119310.000000, 00119320.000000,
00119330.000000,00119340.000000, 00119360.000000, 00119360.000100,
84
00119360.000200,00119370.000000, SugarloafKey, Monroe County, Florida. The
following individuals addressed the Board: Kathy Wheeler, representing the Florida
Keys Citizen's Coalition; and Alicia Putney. Andrew Trivette, Growth Management
Director discussed the matter. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Spehar to continue the item to the May 21, 2008
meeting of the Board in Key Largo. Motion carried unanimously, with Commissioner
Neugent not present.
CLOSED SESSION
Suzanne Hutton, County Attorney announced the Closed Session of the Board of
County Commissioners to discuss collective bargaining with the Professional Firefighters
of Monroe County, IAFF Local 3909 per F.S. 286.011(8). The current collective
bargaining Agreement with IAFF Local 3909 ends on September 30, 2008. The
negotiating team representing the employer is requesting this session in order to get
direction from the Board.
Commissioner DiGeunaro excused himself from the meeting.
A Public Hearing was held to consider adoption of an Ordinance relating to the
provision of fire protection services and facilities in Monroe County, Florida; authorizing
the imposition and collection of fire protection assessments against property; providing
certain definitions including a definition for the term "Fire Protection Assessment";
establishing a procedure for imposing fire protection assessments; providing that fire
protection assessments constitute a lien on assessed property upon adoption of
assessment roll; providing that the lien for a fire protection assessment collected pursuant
to Sections 197.3632 and 197.3635, Florida Statutes, upon perfection shall attach to the
property on the prior January 1, the lien date for ad valorem taxes; providing that a
perfected lien shall be equal in rank and dignity with the liens of all State, County,
District, or Municipal taxes and assessments and superior in dignity to all other prior
liens, mortgages, titles, and claims; providing a procedure for collection of fire protection
assessments; providing a mechanism for the imposition of assessments on government
property; providing for severability; and providing an effective date. The Board accepted
public input with the following individuals addressing the Board: Kay Thacker, Kathy
Wheeler, representing the Big Pine Key Civic Association; and Richard Vandervoot,
representing the Monroe County Firefighters. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to deny the item. Motion
carried unanimously, with Commissioner Neugent and Commissioner DiGennaro not
present.
Commissioner DiGennaro returned to the meeting and took his seat.
Due to the above item not being approved, the Public Hearing was not held for the
Resolution relating to the provision of fire protection service to properties; describing the
system dt:velopment fee, collection costs and the other terms and conditions ofthe non ad
valorem annual fire protection assessments; establishing the amount and term ofthe
85
annual fire protection assessment for each parcel of property to be assessed; directing
preparation of the initial non. ad valorem assessment roll; establishing a Public Hearing to
consider imposition of the proposed fire protection assessments and the method oftheir
collection; directing the provision of notice in connection therewith; and providing an
effectivf: date.
DIVISION OF GROWTH MANAGEMENT
The Board returned to Agenda item no concerning a Resolution approving a
request by the Growth Management Division for a Tier Overlay Map amendment from
Tier I to Tier III for property having real estate numbers: 00119260.000000,
00119270.000000,00119280.000000, 00119300.000000, 00119310.000000,
00119320.000000,00119330.000000, 00119340.000000, 00119360.000000,
00119360.000100,00119360.000200, 00119370.000000, SugarloafKey, Monroe
County, Florida. Andrew Trivette, Growth Management Director discussed the matter.
Motion was made by Commissioner Spehar and seconded by Commissioner Murphy
directing Staff to reevaluate the correct tier designation; and the parcels that were also
subject to change as a result of the appeal process for the tier system. The following
individual addressed the Board: Alicia Putney. Roll call vote was unanimous, with
Commissioner Neugent not present.
The Board returned to the item concerning approval of an Ordinance imposing a
"ninth.cfmt" Local Option Motor Fuel Tax, as authorized by F.S. 206.41(1)(d) and
336.021, upon such fuel sales in all of Monroe County, including the municipalities
therein, for a period of thirty years unless earlier repealed by the Board of County
Commissioners; remission of the proceeds. Suzanne Hutton, County Attorney announced
that the motion failed due to the lack of a four. fifths vote.
COUNTY ATTORNEY
Chief Assistant County Attorney, Bob Shillinger discussed a Settlement
Agreement in the matter of Salvatore R. Zappulla vs. Board of County Commissioners of
Monroe County, Florida. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner DiGennaro granting approval and authorizing execution
of the Settlement Agreement. Suzanne Hutton, County Attorney discussed the matter.
Roll call was taken with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy Yes
Commissioner Spehar No
Mayor McCoy Yes
Motion carried, with Commissioner Neugent not present.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
86
Darmy 1. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Momoe County, Florida
~ C. &tf~
Isabel C. DeSantis, Deputy Clerk