03/17/2004 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 17, 2004
Marathon, Florida
2004/52
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center in Marathon. Present and
answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George
Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar, and Mayor Murray E.
Nelson. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Suzanne
Hutton and Bob Shillinger, Assistant County Attorneys; James Roberts, County Administrator;
County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting
approval of the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month award for November, 2003 to Allan Bosch,
Library Assistant, Marathon Library, Community Services Division.
Presentation of Mayor's Proclamation proclaiming March 2004 as Joey Bergsma
Retinoblastoma Awareness Month.
Presentation of Mayor's Proclamation proclaiming March 28th to April 3, 2004 as Boys
and Girls Club Week in Monroe County.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval to advertise surplus equipment for bids, approval to remove
surplus equipment from inventory and trade, salvage and disposal. Said list is incorporated herein
by reference.
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2004/53
Board granted approval and authorized execution of the Fiscal Year 2004-2005
Low -Income Home Energy Assistance Program Federally Funded Subgrant Agreement No.
04EA-4P-11-54-01-019 between Monroe County and the Florida Department of Community
Affairs and approval to waive the County policy of venue.
Board granted approval to award Public Works' surplus equipment items 1-10 per the
Recap of Bid Opening. Said list is incorporated herein by reference.
Board granted approval to award Public Works' surplus equipment items 11-17 per the
Recap of Bid Opening. Said list is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Barnes' Alarm Systems, Inc. to delete the demolished Public Service
Building on Stock Island from the Contract Specifications.
Board granted approval and authorized execution of a Lease Amendment between
Monroe County and L.H. Kephart d/b/a Eaton Street Professional Center increasing rental
payments for office space leased in Key West for the Public Defender.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and L & N Dependable Janitorial, Inc. for janitorial services at the Big Pine Key Library.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and L & N Dependable Janitorial, Inc. for janitorial services at the George Dolezal
Library in Marathon.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and L & N Dependable Janitorial, Inc. for janitorial services at the Islamorada Library.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and L & N Dependable Janitorial, Inc. for janitorial services at the Key Largo Library.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell
Library in Key West.
Board granted approval and authorized execution of a Preventative Maintenance
Agreement Renewal between Monroe County and York International for one centrifugal chiller
and associated cooling tower at Jackson Square, and approval to add the second and newest
centrifugal chiller and cooling tower to the agreement.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
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2004/54
Board granted approval to rescind the Memorandum of Agreement between Monroe
County and the Department of Transportation (FDOT) concerning the Flagler Avenue Road
Improvement Project as approved on March 19, 2003. After this Agreement was approved
FDOT revised it and a subsequent Agreement was approved at the April 16, 2003 meeting.
Board granted approval and authorized execution of a Standard Form of Agreement
between Monroe County and JTD Contracting, Inc. d/b/a Upper Keys Marine Construction in the
amount of $87,533.00 for Ocean Bay Drive.
Board granted approval and authorized execution of the Small County Outreach Program
Amendment to Agreement No. 1, Financial Project No. 4108481 between Monroe County and
the Florida Department of Transportation extending the term of Item 2. TERM, Section A. b)
from March 2004 to June 16, 2004.
Board granted approval and authorized execution of a Standard Form of Agreement
between Monroe County and General Asphalt Co., Inc., the lowest qualified bidder, for C-905
roadway improvements in the amount of $1,279,328.50.
Board granted approval and authorized execution of a Class A Emergency Medical
Services Certificate of Public Convenience and Necessity to Monroe County Fire Rescue for the
operation of an ALS transport ambulance service.
Board granted approval to apply for residual Edward Byrne Memorial State and Local
Law Enforcement Block Grant funds for purchase of blood alcohol level testing units.
Board granted approval and authorized execution of a Contract Addendum between
Monroe County and Eagle Security for a one month extension for security patrols and services in
the Duck Key Security District.
Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of
Unanticipated Funds:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 097-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 098-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 099-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
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RESOLUTION NO. 100-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 101-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 102-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 535-2003 (OMB Schedule Item No. 7).
RESOLUTION NO. 103-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 104-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 105-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 106-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 107-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 108-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 109-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 110-2004
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of a Letter of Election between Monroe
County and BellSouth Telecommunications, Inc. for Central Office Trunking (Primary Rate
Interface).
Board granted approval and authorized execution of the Certification of Acceptance of
Subgrant Award No. 04-CJ-7J-11-54-01-006 from the Florida Department of Law Enforcement
for the Monroe County Jail Incarceration Program using funds provided under the Residential
Substance Abuse Treatment Grant, for the period from March 15, 2004 through March 14, 2005.
Board granted approval and authorized execution of the Residential Substance Abuse
Treatment Funds Agreement between Monroe County and the Care Center for Mental Health for
the Monroe County Jail Incarceration Program, using funds provided under the Residential
Substance Abuse Treatment Grant, for the period from March 15, 2004 through March 14, 2005.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County, Call Communications Group, Inc. (WMKL) and Genesis Broadcasting (WGES) to place
a "Community Antenna" for FM radio broadcast on the County owned communications tower
located at North Key Largo.
Board granted approval and authorized execution of an Amendment to Lease Agreement
between Monroe County and Grantair Service, Inc., Fixed Based Operator (FBO), at the Florida
Keys Marathon Airport. The amendment primarily substitutes another parcel of land, 240' X
105', abutting the west side of Grantair's current leased area for one in a previous amendment
that was 100' X 150' abutting the southeast side of their current leased area.
Board granted approval and authorized execution of an Automated Teller Machine
Agreement between Monroe County and Orion Bank for an automated teller machine at the Key
West International Airport.
Board granted approval for Hertz Corporation to continue operations at the Key West
International Airport on a month to month basis, pending a new Lease and Concession
Agreement.
Board granted approval and authorized execution of a Lease Addendum Agreement
between Monroe County and Avis Rent A Car System, Inc. at the Key West International
Airport. Monroe County owns the Avis Rental Car Ready Area that needs Capital Improvements
and repairs costing between $500,000.00 and $700,000.00. Avis has agreed to do construction at
no cost to the County in exchange for an extension to their existing Lease/Concession Agreement.
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement No. ANI11 between Monroe County and the Florida Department of
Transportation, to provide funding for Hangar Development Phase II, at the Key West
International Airport.
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Board granted approval and authorized execution of a Landscape Maintenance Agreement
between Monroe County and Gardens of Eden (the second lowest bidder) to provide landscape
maintenance at the Key West International Airport.
Board granted approval and authorized execution of a Public Transportation Supplemental
Joint Participation Agreement No. 1 to Contract No. AL288 between Monroe County and the
Florida Department of Transportation to provide additional funds for design and construction of
hangar development and parking at the Key West International Airport.
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement Contract No. ANI12 between Monroe County and the Florida
Department of Transportation to provide funding for Hangar Development Environmental
Mitigation, at the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
03/04-07 between Monroe County and URS for construction phase services for the General
Aviation Hangar Development, Taxilanes and Apron, at the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
03/04-19 between Monroe County and URS for Security Fencing at the Key West International
Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
03/04-18 between Monroe County and URS to rehabilitate the Customs Building at the Key West
International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
03/04-17 between Monroe County and URS to seal coat ramps including marking, T/W A9
rehabilitation, and environmental mitigation, at the Key West International Airport.
Board granted approval of the sample Homeowner Noise Insulation Agreement between
Monroe County and 50 individual Key West homeowners in the Key West International Airport
Noise Insulation Program (NIP) Phase III and approval for the County Administrator to execute
these Agreements when they are prepared for the individual homeowners; and adopted the
following Resolution granting authority to the County Administrator to execute NIP Contracts,
binding on Monroe County, with certain homeowners who are subject to aircraft noise from Key
West International Airport.
RESOLUTION NO. 111-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and D.L. Porter Constructors, in the amount of $3,244,670.21, for Hangar Development,
Taxilanes and Apron, at the Key West International Airport, and approval of Change Order No. 1
which reduces the original Contract amount by $89,738.00.
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Board granted approval and authorized execution of an Agreement between Monroe
County and Hospitality Institute Public Preservation, (H.I.P.P. Industries, Inc.) concerning the
Noise Insulation Program for the Key West International Airport.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the Islamorada Village of Islands to extend Agreement
until September 30, 2004, for the Amphitheater project.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the Islamorada Village of Islands for the Fishing Pier
project to extend Agreement until March 31, 2005.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Old Firehouse Preservation, Inc. for the Fire Station No.
3 project to extend until September 30, 2004.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Exclusive Sports Marketing, Inc. covering the Publix Family Fitness
Weekend/Coca-Cola Classic Triathlon Series on August 13-15, 2004 in an amount not to exceed
$20,000, DAC V, FY 2004 Event Resources.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Upper Keys Community Pool covering the Orange Bowl Swimming
Event and Winter Training in an amount not to exceed $15,000, DAC V, FY 2004 Event
Resources.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Tourist Development Association covering Fantasy Fest
2004 in an amount not to exceed $115,000.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Investment Syndicate, Inc. covering the Marathon
Offshore Grand Prix on May 14-16, 2004 in an amount not to exceed $120, 000, DAC III, FY
2004 Event Resources.
DIVISION OF GROWTH MANAGEMENT
Board granted approval for the transfer of one buildable lot from Gerald E. & Evelyn R.
Andrews to Monroe County by Warranty Deed, Permit No. 00-1-5250, for property described as
Lot 4, Block 6, Revised Plat of Torch Key Estates, Little Torch. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2004, have filed the document in
accordance with Ordinance No. 47-1999.
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Board granted approval for the transfer of two buildable lots from RK&S Construction of
the Florida Keys, Inc. to Monroe County by Warranty Deeds, Permit No. 03-1-4013, for
properties described as lot 4, Block 19, Buccaneer Beach Estates, Pieces of Eight Key; and Lot 5,
Block 18, Buccaneer Beach Estates, Pieces of Eight Key. The applicants are receiving a dwelling
unit allocation award for the year ending July 13, 2004, have filed the document in accordance
with Ordinance No. 47-1999.
Board granted approval for a Monroe County Planning Department Affordable Housing
Deed Restriction for one dwelling unit from Barbara J. Anderson, Permit No. 03-1-1646, for
property described as Lot 38, Block 1, Ramrod Shores Marina Section, Ramrod Key. The
applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed
the document in accordance with Ordinance No. 47-1999.
Board granted approval of recommendations from the RSQ Review Committee to select
the firm of HDR Engineering, Inc. to complete the Livable CommuniKeys Master Plan for the
Key Largo area in close coordination with staff, and direct staff to enter into Contract
negotiations with this firm; if the staff is unable to successfully negotiate a Contract with this firm;
it is authorized to enter into negotiations with the second ranked firm.
Board granted approval to advertise Request for Statement of Qualifications (RSQ) for
professional services to provide transportation planning/engineering services to the Growth
Management Division and review and rank proposals and recommend a firm to the Board of
County Commissioners.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Marvin Barrett, Permit No. 02-3-309, for property described as
Lots 14, 15, 18 & 19, Block 12 Anglers Park, RE Nos. 00553040-000000, 00553100-000000,
and 00553050-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Merle & Carmen Prebel, Permit No. 02-3-4524, for property
described as Lot 27, Block 2 Harbor Course South Section 1, Ocean Reef Plat #13, RE No.
00572797-003200.
Board granted approval and authorized execution of Amendment 1 (Revised) to
Memorandum of Understanding No. DOH-01 2001 between Monroe County and the Florida
Department of Health, Monroe County Health Department, to implement a Homeowners
Wastewater System Assistance Program for the administration of the Cesspool Identification and
Elimination grant program providing additional funds in the amount of approximately $23,475.72
in order to close-out and complete the program.
Board granted approval of staff recommendation of engineering firms and direction to
negotiate a Contract with the firm of E Sciences, or the second and third recommended firms
successively if negotiations fail, for completion of a stormwater/xeriscape project on Big Coppitt.
03/17/2004
2004/60
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and HDR to increase Contract funds in order to complete a strategic plan for
GIS.
Board granted approval to accept the low bid and Contract for providing 166 mooring
buoys for Boot Key Harbor with American Underwater Contractors, Inc.
Board adopted the following Resolution rescinding Resolution No. 345A-1999 and
reauthorizing the Environmental Restoration Fund as the Environmental Land Management and
Restoration Fund, an account within the budget of the Monroe County, Municipal Special Taxing
District.
RESOLUTION NO. 112-2004
Said Resolution is incorporated herein by reference.
Board granted approval for the transfer of one buildable lot from Alcides and Luisa
Gonzalez to Monroe County by Warranty Deeds, Permit No. 00-3-1200, for property described
as Lot 19, Block 3, Largo City, Key Largo. The applicants are receiving a dwelling unit
allocation award for the year ending July 13, 2004, have filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval for the transfer of two buildable lots from Edwin Hathaway to
Monroe County by Warranty Deeds, Permit No. 03-1-3886, for property described as Lot 14,
Block 26, Sands Subdivision, Big Pine Key and Lot 8, Block 17, Buccaneer Beach Estates, Pieces
of Eight Key. The applicants are receiving a dwelling unit allocation award for the year ending
July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999.
Board adopted the following Resolution amending Resolution No. 514-2003 to revise the
effective date for inspections required under Section 9.5-319, Monroe County Code, from April
1, 2004 to June 1, 2004.
RESOLUTION NO. 113-2004
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted permission for the Monroe County Sheriff's Office to act as Jurisdiction
designee for the Law Enforcement Bullet Proof Vest Grant.
Board granted approval to transfer the Mobile Range Trailer from the County to the
Monroe County Sheriff's Office.
Board granted approval of disposition of inventory items for the month of March 2004 in
the amount of $293,207.54. Said list is incorporated herein by reference.
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2004/61
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution committing to subordination of Monroe County's
existing State Housing Initiative Partnership (SHIP) Program Mortgage Loan to the Housing
Authority of the City of Key West, Florida in support of Roosevelt Gardens Affordable Rental
Housing.
RESOLUTION NO. 114-2004
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition of the late Alice J. Skinger to
honor her life, community service and the twenty-one years she dedicated to the betterment of the
Monroe County Library System.
RESOLUTION NO. 115-2004
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's item concerning an amendment to the
existing code (Sec.19-129) to increase the maximum length on RV's to 42'; and that, all other
wordage within the existing code shall remain enforce.
Board adopted the following Resolution concerning a Subordination Agreement and
Allonge to Promissory Note in support of Tradewind Hammocks, Ltd. Affordable Housing.
RESOLUTION NO. 116-2004
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the assignment of recaptured
community development block grant program funds in an amount not to exceed $5,000 to Habitat
for Humanity of Key West and Lower Florida Keys, Inc. on behalf of the very -low
income/handicapped household of Frederico Rodriguez, B 16 Eighth Avenue, Stock Island,
Florida for health and safety property improvements.
RESOLUTION NO. 117-2004
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted approval of the following Warrants (95632-97112 & 206581-206702):
General Fund (001), in the amount of $1,792,018.04; Fine & Forfeiture Fund (101), in
the amount of $3,017,872.59; Road and Bridge Fund (102), in the amount of $110,680.01;
Law Library Fund (103), in the amount of $4,380.75; TDC District Two Penny (115), in the
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amount of $345,243.64; TDC Admin. & Promo 2 Cent (116), in the amount of $799,441.13;
TDC District 1, 3 Cent (117), in the amount of $62,827.20; TDC District 2, 3 Cent (118), in
the amount of $6,438.72; TDC District 3, 3 Cent (119), in the amount of $38,278.07; TDC
District 4, 3 Cent (120), in the amount of $2,117.01; TDC District 5, 3 Cent (121), in the
amount of $11,095.98; Gov. Fund Type Grants (125), in the amount of $377,385.44; Impact
Fees Libraries (132), in the amount of $33,460.25; Fire & Amb Dist 1 L&M Keys (141), in
the amount of $90,131.72; Upper Keys Health Care (144), in the amount of $35,975.00; Fire
& Amb Dist 6 Key Largo (146), in the amount of $41,967.87; Uninc Svc Dist Parks & Rec
(147), in the amount of $35,041.98; Plan, Build, Zoning (148), in the amount of $86,679.44;
Municipal Policing (149), in the amount of $324,772.15; 911 Enhancement Fee (150), in the
amount of $22,957.83; Duck Key Security (152), in the amount of $11,226.76; Local Housing
Assistance (153), in the amount $59,060.25; Boating Improvement Fund (157), in the amount
of $8,276.28; Misc. Special Revenue Fund (158), in the amount of $20,636.43; Law
Enforcement Trust (162), in the amount of $11,060.00; Marathon Municipal Service (166), in
the amount of $1,819.98; Conch Key Wastewater MSTU (167), in the amount of $39.85; Bay
Point Wastewater MSTU (168), in the amount of $51.48; Key Largo Wastewater MSTU
(170), in the amount of $982.34; 1 Cent Infra Surtax (304), in the amount of $702,169.71;
Clerk's Rev Note, Capital (306), in the amount of $32,822.75; 2003 Revenue Bonds (307), in
the amount of $464,512.00; Card Sound Bridge (401), in the amount of $66,732.68; Marathon
Airport (403), in the amount of $148,523.77; Key West Intl. Airport (404), in the amount of
$492,747.66; MSD Solid Waste (414), in the amount of $1,034,424.77; Worker's
Compensation (501), in the amount of $37,176.87; Group Insurance Fund (502), in the
amount of $68,652.98; Risk Management Fund (503), in the amount of $39,583.51; Fleet
Management Fund (504), in the amount of $104,888.47.
Board granted approval of the following Fine & Forfeiture Expenditures:
Court Reporter Services, Amy Landry Reporting, in the amount of $100.00; Associated
Court Reporters, in the amount of $1,485.00; Atchison & Denman Court Reporters, in the
amount of $3,583.61; Court Reporters of Key West, in the amount of $125.00; Monroe County
Court Reporting, in the amount of $50.00; Suzanne Ex dba All Keys Reporting, in the amount of
$287.00; Veritext LLC, in the amount of $406.25; Competency Evaluation, A Louis
O'Conner,PHd, in the amount of $700.00; Care Center for Mental Health, in the amount of
$700.00; James W. Holbrook EDD, in the amount of $350.00; The Counseling Associates, in the
amount of $5,700.00; Court Interpreter, Alex Diaz, in the amount of $260.00; Claudia M.
Hancock, in the amount of $165.00; Estrella Garcia, in the amount of $212.50; Jean C. Nelson,
in the amount of $450.00; Jose R. Mendez, in the amount of $175.00; Marketa Trnka, in the
amount of $100.00; Martha Hernandez, in the amount of $160.00; Mary Lou Waas, in the amount
of $13 5.00; Pilar Nelson, in the amount of $125.00; Rafael Garcia, in the amount of $3 5.00;
Sergio Alvarez, in the amount of $485.00; Witness Coordination, Witness Payroll, in the
amount of $280.00; Witness Travel & Per Diem, in the amount of $3,754.36; Expert Witness,
Marc Bruzdziak, in the amount of $1,500.00; Stefan Rose MD, in the amount of $7,000.00;
Swope Reconstruction, in the amount of $3,799.88; Court Appointed Attorney Fees - Conflict,
Carl Palomino Esq., in the amount of $1,468.75; Charles M. Milligan, in the amount of
$5,246.25; Joseph M. Albury PA, in the amount of $1,000.00; Law Office of Christopher C.
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Meyer, in the amount of $1,432.50; Law Offices of Manuel E. Garcia, in the amount of
$1,946.25; Richard M. Behr, in the amount of $1,697.50; Stephen S. Isherwood, in the amount of
$2,131.25; The Margalli Law Office, in the amount of $918.75; Other Services Circuit, Dean J.
Merten, in the amount of $101.54; Michael W. Strickland, in the amount of $306.04; State of
Florida, in the amount of $1,103.16; Miscellaneous Expenses, Quality Copy Acquisition, in the
amount of $27.00; State of Florida, in the amount of $680.99; William Kuypers, in the amount of
$15.36.
Board granted approval of the following Tourist Development Council Expenditures for
the month of February 2004:
Advertising, in the amount of $607,242.07; Bricks & Mortar Projects, in the amount of
$8,401.38; Visitor Information Services, in the amount of $38,333.32; Events, in the amount of
$107,404.81; Office Supplies & Oper Costs, in the amount of $71,625.64; Personal Services,
in the amount of $98,203.00; Public Relations, in the amount of $60,525.08; Sales &
Marketing, in the amount of $40,023.66; Telephone & Utilities, in the amount of $8,871.14;
Travel, in the amount of $7,355.10.
Board granted official approval of the Board of County Commissioners minutes from the
Special Meeting of January 6, 2004 and Regular Meeting of January 21, 2004 (previously
distributed).
Board accepted the Monroe County Technical Services Department Purchasing Practices
Audit Report dated March 2, 2004.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Code Enforcement Settlement
Agreement, Case No. CE03040122, Monroe County vs. Darrell Wolfe and authorization for staff
to execute a Release of Lien once terms of Settlement Agreement have been met.
Board granted approval of a request to refer a Petition and Request for Hearing Pursuant
to Sec. 8-106, MCC, concerning Sombrero Resort Solid Waste Assessment to a Division of
Administrative Hearings (DOAH) Officer and to authorize the County Attorney's Office to make
the necessary arrangements including, but not limited to, executing a Contract with the DOAH to
hold this hearing.
Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
reopen the agenda. Motion carried unanimously. Motion was made by Commissioner Neugent
and seconded by Commissioner Spehar to delete from the agenda item P7 concerning a
Settlement Agreement, Case No. 2004 CA 05M, Robert L. Clay vs. Monroe County. Motion
carried unanimously.
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2004/64
COMMISSIONERS' ITEMS
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
reopen agenda item M10. Motion carried unanimously. Motion was made by Commissioner
Neugent and seconded by Commissioner Spehar to hold agenda item M10 to later in the day
concerning an amendment to the existing code (Sec.19-129) to increase the maximum length on
RV's to 42% and that, all other wordage within the existing code shall remain enforce. Motion
carried unanimously.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice abstained from voting on the following item:
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of the State of Florida Commission for the
Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe
County and the Community Transportation Coordinator, The Guidance Clinic of the Middle
Keys, January 1, 2004 to December 31, 2004. Motion carried unanimously, with Commissioner
Rice abstaining.
The following public speakers addressed the Board: Tom McDermott, Tom Garrettson,
representing, the Humane Animal Care Coalition; Dr. Clifford Glade, and Wayne Blevins,
representing People Caring for Animals. County Administrator James Roberts, and Public Works
Director Dent Pierce also addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner McCoy granting approval per Staff
recommendation for the award of bid and authorized execution of an Agreement between Monroe
County and the Humane Animal Care Coalition, Inc., for operation of the Key Largo Animal
Shelter in the amount of $224,252.00 per year. Exhibits A, B, and C were entered into the record
as part of the agreement. Roll call vote was unanimous.
County Engineer Dave Koppel addressed the Board. After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner Rice granting approval and authorizing
execution of the following two items:
Amendment 1 to Memorandum of Agreement, associated with a Joint Participation
Agreement, between Monroe County and the Florida Department of Transportation for an
additional $180,000.00 for the project described as CR5-A/Flagler Avenue in Key West.
Interlocal Agreement between Monroe County and the City of Key West whereby the City
will provide $180,000.00 to complete funding for a project described as CR5-A/Flagler Avenue in
Key West.
Motion carried unanimously.
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The following public speaker addressed the Board: Alicia Putney. Norm Leggett, Senior
Director of the Emergency Communications Department also addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar
approving the use of Solid Waste Impact Fees for the purchase of a mowtrim and clam truck to
replace older models that are unable to keep pace with the increased usage due to population
growth. Roll call vote was unanimous.
Commissioner Rice abstained from voting on the following item:
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval and authorizing execution of the Employee Assistance Program Renewal
Agreement between Monroe County and the Mental Health Care Center of the Lower Keys, Inc.
d/b/a Care Center for Mental Health extending the current Agreement for one year. Motion
carried unanimously, with Commissioner Rice abstaining.
County Administrator James Roberts addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to
accept a proposal from Arthur J. Gallagher & Company to provide Liability Insurance for
Bayshore Manor with Lantana Insurance Company at a cost of $12,921. Roll call vote was
unanimous.
Airports Director Peter Horton addressed the Board. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Neugent granting approval and
authorizing execution of Purchase/Service Order No. 03/04-24 between Monroe County and
URS for a Small Community Air Service Program Application for the Marathon Airport. Motion
carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner McCoy
granting approval and authorizing execution of Purchase/Service Order No. 03/04-16 between
Monroe County and URS for an Air Service Study for the Marathon Airport. Motion carried
unanimously.
STAFF REPORTS
Airports Director Peter Horton reported to the Board concerning Federal Aviation
Administration Grants allocated to the Key West and Marathon Airport. Mr. Horton discussed
details of the lease agreement with Avis Rent A Car and the landscape maintenance agreement
with Gardens of Eden to provide landscape maintenance at the Key West International Airport.
Growth Management Director Tim McGarry reported to the Board concerning a Major
Development of Regional Impact (DRI) to be located in the Miami Dade County/Florida City
area. The County Administrator and the Board discussed the matter.
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PUBLIC WORKS DIVISION
William P. Horn, Architect updated the Board on work being performed on the Conch
Key, N. Key Largo, and Big Pine Key Fire Stations.
County Engineer Dave Koppel and Bob Shillinger, Assistant County Attorney addressed
the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner McCoy granting approval and authorizing execution of Contract Amendment No.
1 between Monroe County and Wind -Tech Products, Inc., to replace windows at the Gato
Building and adoption of the following Resolution transferring the additional funds. Motion
carried unanimously.
RESOLUTION NO. 118-2004
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval for two Lot Aggregation Restrictive Covenants from Rene & Fradys Castillo to
have one dwelling unit on contiguous lots, Permit No. 02-3-5080, for property described as Lots
25 & 26, Block 16, Key Largo Park Amended, Key Largo; and Permit No. 02-3-5081, for
property described as Lots 4, 5, 6 & 7, Block 1, Lazy Lagoon, Key Largo. The applicants are
receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the
document in accordance with Ordinance No. 47-1999. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval and authorizing execution of a Contract to Provide Trees between Monroe
County and Keys Landscaping for habitat restoration on Big Pine Key and the Lower Florida
Keys; and that a letter be sent to the Florida Department of Transportation (FDOT) requesting
that the trees be allowed to be planted on DOT property. Motion carried unanimously.
The Board was provided with the written Growth Management Litigation Report from
Attorney Derek V. Howard, of the firm Morgan & Hendrick, dated March 12, 2004.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to table
the following two items:
Reconsideration of Board's decision establishing the year 12 NROGO Allocation at
10,700 be made in two equal allocations and revising this allocation to 16,000 square feet to be
made available in a single allocation in January 2004.
Report by Commissioner Neugent on Affordable Housing.
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Motion carried unanimously.
WASTEWATER ISSUES
Commissioner McCoy, as wastewater liaison, reported on the status of wastewater issues/
projects. The following public speaker addressed the Board: Katrina Wiatt. James Reynolds,
Executive Director of Florida Keys Aqueduct Authority also addressed the Board.
Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting
approval and authorizing execution of an Amendment to an Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority concerning the levy of ad valorem
assessments by four MSTU's for the design and planning of central wastewater treatment
infrastructure. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to
adopt the following Resolution repealing Resolution No. 156-2003 regarding the levy of non -ad
valorem assessments within the Big Coppitt Municipal Service Taxing Unit. Motion carried
unanimously.
RESOLUTION NO. 119-2004
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to
adopt the following Resolution authorizing a transfer of real property to the City of Layton for
purposes of establishing a wastewater treatment facility. Motion carried unanimously.
RESOLUTION NO. 120-2004
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting
approval to advertise an Ordinance amending Ordinance No. 017-2003 codified as Art. VIII,
Chapter 15.5 Monroe County Code, creating the Key Largo Wastewater Treatment District
Municipal Service Taxing Unit (MSTU), in order to provide that Ad Valorem Revenue raised by
the MSTU together with the proceeds of any grant or loan to the Key Largo Wastewater
Treatment District may be used to pay compensation and expense reimbursement of the members
of the Key Largo Wastewater Treatment District Governing Body; Providing that such revenue
may be used to pay certain other administrative costs as defined herein; 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. Assistant County
Attorney, Suzanne Hutton and Clerk of Court Danny L. Kolhage addressed the Board. Motion
carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner McCoy
granting approval and authorizing execution of an Amendment to an Agreement between Monroe
County and Ervin Higgs, Monroe County Property Appraiser to include reimbursement for the
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South Stock Island non -ad valorem assessment collection. Clerk of Court Danny L. Kolhage, and
Assistant County Attorney, Suzanne Hutton and addressed the Board. Motion carried
unanimously.
The County Administrator and Attorney George H. Nickerson, Jr., of the firm Nabors,
Giblin & Nickerson addressed the Board. Mr. Nickerson discussed the procedure for the Stock
Island wastewater assessment program. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Spehar for Staff to identify from the 304 Account the
amount of $1,050,000 to reduce the connection fee for Bay Point and Conch Key to $2700. Roll
call vote was unanimous.
SHERIFF DEPARTMENT
Commissioner Rice abstained from voting on the following item:
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of Fiscal Year 2004 recommendations of the Monroe County Shared Asset
Forfeiture Fund Advisory Board in the amount of $197,000. Said recommendations are
incorporated herein by reference. Motion carried unanimously, with Commissioner Rice
abstaining.
COMMISSIONERS' ITEMS
County Administrator James Roberts addressed the Board concerning the selection of a
firm to conduct a national search for a new County Administrator. Colin Baenziger of the firm
Colin Baenziger & Associates made a presentation of their proposal before the Board. (The
second firm, The Mercer Group, Inc., is scheduled to make their presentation at tomorrow's
Board meeting - 03/18/04).
The Board discussed a Resolution allocating to the municipalities within the County a
distribution of a percentage of the constitutional fuel tax, allocating the distribution on a road mile
formula; authorizing the allocation of such funds to the municipalities starting with Fiscal Year
2003-04; requiring that such funds be used by the municipalities to finance roadway maintenance
and improvements; directing the County Manager to prepare an Interlocal Agreement between the
County and the Municipalities to implement the allocation; and providing for an effective date.
The following public speakers addressed the Board: Councilman Jeff Pinkus, representing the
City of Marathon; Mayor Chris Sante, representing Islamorada, Village of Islands; and Ronald
Levy. County Administrator James Roberts; County Engineer Dave Koppel, and Assistant
County Attorney Suzanne Hutton also addressed the Board. After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner Neugent to approve the Resolution on
the above authorizing Staff to negotiate an Interlocal Agreement with the City of Key West, the
City of Marathon, the City of Layton, Key Colony Beach, and Islamorada, Village of Islands - for
the period of one year. Roll call vote was taken with the following results:
Commissioner Neugent No
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2004/69
Motion failed.
Commissioner Rice
No
Commissioner Spehar
Yes
Commissioner McCoy
No
Mayor Nelson
No
PUBLIC HEARINGS
The second of three Public Hearings was held concerning a proposed Ordinance creating a
new Subsection in Chapter 5.5, Article V, Sec. 108 (d), entitled "Oversized Vessel Regulations",
providing for severability, providing for repeal of inconsistent Ordinances, providing for
incorporation into the Monroe County Code, providing for an effective date. Motion was made
by Commissioner Spehar and seconded by Commissioner McCoy to discontinue the Public
Hearings on the item and send this matter to the Marine & Port Advisory Board for
recommendations. The Clerk was given signed petitions which were entered into the record. Roll
call vote was unanimous.
A Public Hearing was held to consider the following Resolutions evidencing the Board's
approval of Recommended Beneficial Use Determinations Promulgated by Special Master John J.
Wolfe. Assistant County Attorney Suzanne Hutton addressed the Board. The Board received
public input with the following individual addressing the Board: Attorney Andy Tobin. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolutions, excluding Item # 7 to remand for consideration of one item of
evidence of a conservation easement.
#1 In re: Thomas J. Cunningham and Carmel S. Cunningham.
RESOLUTION NO. 121-2004
Said Resolution is incorporated herein by reference.
#2 In re: Michael A. Lang and Lisa Michelle McCafferty.
RESOLUTION NO. 122-2004
Said Resolution is incorporated herein by reference.
#3 In re: Robert J. Schneider
RESOLUTION NO. 123-2004
Said Resolution is incorporated herein by reference.
#4 In re: James E. Lewis, Jr.
RESOLUTION NO. 124-2004
Said Resolution is incorporated herein by reference.
#5 In re: Hubert S. Tost and Marilyn N. Tost,
RESOLUTION NO. 125-2004
Said Resolution is incorporated herein by reference.
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#6 In re: Robert A. Lomrance.
RESOLUTION NO. 126-2004
Said Resolution is incorporated herein by reference.
#8 In re: Nora Rodriquez and E.G. Rodriguez
RESOLUTION NO. 127-2004
Said Resolution is incorporated herein by reference.
#9 In re: Rodolfo and Alina Gil
RESOLUTION NO. 128-2004
Said Resolution is incorporated herein by reference.
# 10 In re: Ernesto Iglesias.
RESOLUTION NO. 129-2004
Said Resolution is incorporated herein by reference.
# 11 In re: Jack and Dorothy Hill
RESOLUTION NO. 130-2004
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
A Public Hearing was held concerning adoption of an Ordinance amending Section 6-29,
Monroe County Code; providing for an increase in after -the -fact fees for clearing, filling, and
work done without a permit; providing for a mitigation fee to be paid to the County
Environmental Restoration Fund for filling of wetlands without a permit; providing for the repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; providing for severability; and providing for an effective date. The Board
accepted public input with the following individuals addressing the Board: Katie Lyons, Alicia
Putney, Dennis Henize, Kathryn Wheeler, and Joan Borel. Growth Management Director, Tim
McGarry also addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded Commissioner Neugent to adopt the following Ordinance, as amended.
Said amendment as follows,
Page 4 of 5 Section 5. Section 6-29(b), MCC, is hereby amended as follows:
A demolition permit shall be required for all commercial work (regardless of value), and
for residential work, and €st: and for residential work when the fair market value of the
unpermitted construction work is one -thousand ($1,000) or more.
ORDINANCE NO. 006-2004
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
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2004/71
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item for approval to direct Staff to prepare
appropriate draft amendments to the LDR's that would help clarify the uses under Sec. 9.5-250
Maritime Industries District. As of Right permitted uses in the Maritime Industries District: (1)
Boat building, repair and storage: (Wet and Dry); also, dockage of State registered or Federally
documented sail or motor vessels having a minimum length of thirty (3) feet, but excluding
floating structures lacking means of self -propulsion and used solely as a residence. The following
individuals addressed the Board: Alicia Putney, Catherine Harding and Joe O'Connell,
representing Safe Harbor. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to take the matter to the Marine & Port Advisory Board.
Motion carried unanimous.
Commissioner Spehar discussed her item for approval of an Interim Homeless Safe Zone
Interlocal Agreement between Monroe County and the City of Key West. Assistant City Manager
John Jones addressed the Board. Assistant County Attorney Suzanne Hutton also addressed the
Board. After discussion, motion was made by Commissioner McCoy and seconded by
Commissioner Spehar granting approval and authorizing execution of an Interim Homeless Safe
Zone Interlocal Agreement between Monroe County and the City of Key West, with the following
additions:
Page 2, USE AND CONDITIONS.
F. The CITY shall be solely responsible for operating the homeless safe zone, including all
maintenance, security, enforcement of rules and regulations, programs, transportation
and any and all other aspects of operations.
Page 1, TERM.
A. Subject to and upon the term and conditions set forth herein, this Agreement shall
continue in force for a term of five years commencing as of the 22nd day of March.
2004 and ending on the 21 st day of March, 2009.
Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner Rice Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor Nelson Yes
Motion carried.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
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2004/72
adopt the following Resolution concerning housing for low-income and HIV/Aids disabled
persons and families. Motion carried unanimously.
RESOLUTION NO. 131-2004
Said Resolution is incorporated herein by reference.
Commissioner Spehar discussed her item for approval to advertise an Ordinance adding
Sec. 13.5-5(p), Monroe County Code, in order to establish a dog park at Higgs Beach County
Park of Key West; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date. The following individuals addressed the Board: Connie
Christian, and Gwen Hawtof, representing the Florida Keys Society for Prevention and Cruelty to
Animals. Public Works Director Dent Pierce and Assistant County Attorney Suzanne Hutton also
addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded
by Commissioner Spehar granting approval to advertise the Ordinance. Roll call vote was
unanimous.
Commissioner Rice discussed his item for conceptual approval to enlarge the parcel
provided for the Marathon Fire Station at the Marathon Airport to accommodate the proposed
new fire facility to be jointly constructed by the County and City of Marathon at the site. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the item. Motion carried unanimously.
Commissioner Neugent discussed his item regarding designating signs of no more than 32
square feet supporting and promoting our troops overseas shall be allowed when sponsored by
the Commissioner of that district without the benefit of a permit. Growth Management Director
Tim McGarry addressed the Board. This matter was referred to Staff
Growth Management Director Tim McGarry addressed the Board concerning
Commissioner Neugent's item for an amendment to the existing code (Sec.19-129) to increase the
maximum length on RV's to 42'; and that, all other wordage within the existing code shall remain
enforce. This matter was referred to Staff.
Mayor Nelson discussed his item concerning a report on the Department of Community
Affairs (DCA) Agreement and indicated that the Governor supported the agreement in its
entirety.
COUNTY CLERK
County Clerk Danny L. Kolhage informed the Board that his office had received the
response from KW Resort Utilities and that the audit will be published on Friday, March 19,
2004.
COUNTY ADMINISTRATOR
County Administrator James Roberts reported on the status of negotiations concerning a
03/17/2004 2004/73
- . piece of property at the dog track on Stock Island to be utilized for a Fire Station/EMS facility.
Mayor Nelson excused himself from the meeting.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Resolution concerning the appointment of three Board of County
Commissioners to serve on the governing body of the Fire and Ambulance District Board of
Governors, as follows: Mayor Nelson, Commissioner Rice, and Commissioner Spehar. Motion
carried unanimously.
RESOLUTION NO. 132-2004
Said Resolution is incorporated herein by reference.
Mayor Nelson returned to the meeting.
Assistant County Attorney Bob Shillinger presented the Board with the written litigation
report, dated March 15, 2004. Mr. Shillinger discussed the following matters: Key Tex Shrimp
Docks Condo Association; Smart Planning & Growth Coalition; and Stairway to Heaven.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval and authorizing execution of a Reimbursement Agreement between Monroe
County and Upper Keys Community Pool, Inc. to provide $62,000.00 a year to Jacobs Aquatic
Center to offset utility costs. Motion carried unanimously.
The Board discussed a Quitclaim Deed between Monroe County and the Florida
Department of Transportation (FDOT) returning to FDOT that portion of Old State Road 4A
which is not needed for public purpose. Alicia Putney addressed the Board. Assistant County
Attorney Suzanne Hutton also addressed the Board. (This matter is brought back before the
Board at tomorrow's meeting - 03/18/04).
Assistant County Attorney Bob Shillinger addressed the Board concerning a Code
Enforcement Lien Settlement offer from Largo Coin Laundry, Inc. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Rice granting approval to settle
the matter with the property owner in the amount of $2500. Motion carried unanimously.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
a j-.-j e. &��)
Isabel C. DeSantis, Deputy Clerk