11/17/2004 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2004/262
Regular Meeting
Board of County Commissioners
Wednesday, November 17, 2004
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were
Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie M.
Spehar, Commissioner David P. Rice, and Mayor Murray E. Nelson. Also present were Danny L.
Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Suzanne Hutton, Assistant County Attorney;
James L. Roberts and Thomas Willi, County Administrators; County StafI, members of the press
and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
PRESENTATION TO MAYOR NELSON
The Board made a presentation to Mayor Murray E. Nelson for his leadership displayed
as Mayor.
CALL TO ORDER OF 2005 BOARD OF COUNTY COMMISSIONERS
COMMISSION ORGANIZATION
Danny L. Kolhage, County Clerk administered the Oath of Office to newly re-elected
Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson, and Commissioner
Dixie M. Spehar.
The Board proceeded to the selection of the Mayor and Mayor Pro Tern of the
Commission. Motion was made by Mayor Nelson to nominate Commissioner Spehar as Mayor
and Commissioner McCoy as Mayor Pro-Tern. Motion was made by Commissioner Rice to close
nominations.
Roll call vote for the selection of Commissioner Spehar as Mayor was unanimous. Roll
call vote for the selection of Commissioner McCoy as Mayor Pro Tern was unanimous.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt
the following Resolution electing a Mayor/Chairperson and Mayor Pro Tern. Motion carried
unanimously.
RESOLUTION NO. 397-2004
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2004/263
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner McCoy and seconded by Commissioner Rice
authorizing the Mayor/Chairperson and Clerk of the Board to sign all warrants, legal documents
and any other necessary papers and documents; and that the presently authorized signatures
validating County checks are hereby continued for sixty days from this date in order to meet
payroll and other necessary obligations. Motion carried unanimously.
RESOLUTION NO. 398-2004
Said Resolution is incorporated herein by reference.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for May 2004, to Claudia Moriaty, Senior
Library Assistant, Key Largo Library, Community Services Division.
Mayor's Proclamation proclaiming December 12, 2004 as Childrens' Memorial Day and
proclaiming the month of December as Childrens' Memorial Month.
BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Rice granting
approval of the following items by unanimous consent:
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
Board granted approval and authorized execution of a State and Federally Funded
Subgrant Agreement No. 05BG-04-11-54-01 between Monroe County and the Department of
Community Affairs concerning an Emergency Management Base Grant in the amount of
$105,806. Approval of this Agreement also approves a waiver of County policy that venue must
be in Monroe County.
Board adopted the following Resolution concerning the Office of Emergency
Management's revision and updating of the Local Mitigation Strategy Plan.
RESOLUTION NO. 399-2004
Said Resolution is incorporated herein by reference.
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Board granted approval to enter into Lease negotiations with Keys Radio Group for the
leasing of surplus antenna and ground space located at the County's West Summerland
Communications Tower.
Board granted approval and authorized execution of a Lease Agreement Extension
between Monroe County and Enterprise Leasing Company for operations at the Florida Keys
Marathon Airport.
Board granted approval and authorized execution of an Extension Agreement between
Monroe County and Anderson Outdoor Advertising, Inc. at the Key West International Airport.
.
Board granted approval to rescind approval of award of bid to SSES, Inc. d/b/a Southern
Sewer Equipment Sales, for a pavement sweeper for the Key West International Airport.
Board granted approval of award of bid to Smith Industries, Inc., d/b/a Smith Fence Co.,
for the Security Fence at the Key West International Airport.
Board granted approval and authorized execution of Amendment NO.1 to Grant
Agreement for Project No. 3-12-0044-020-2004 between Monroe County and the Federal
Aviation Administration revising the existing work item "General Aviation Apron" to Cargo
Apron" .
Board granted approval and authorized execution of a Contract between Monroe County
and Florida Industrial Electric, Inc. for the Taxiway Lights and Airfield Guidance Sign Project at
the Florida Keys Marathon Airport.
Board granted approval and authorized execution of Supplemental Lease Agreement No.
3 to Lease No. GS-04-42843 between Monroe County and the United States of America for
office space for the Transportation Security Administration at the Key West International Airport.
Board granted approval to hire Veterans Service Counselor in Key West Office and
approval to fund from the General Fund contingency fund.
Board granted approval to rescind Affiliation Agreement between Monroe County, for
Monroe County Fire Rescue, and the District Board of Trustees ofBroward Community College
approved at the August 18, 2004 meeting.
Board granted approval for the Monroe County Public Library to close on Christmas Eve,
December 24,2004, and on New Years Eve, December 31,2004.
Board granted approval to award Social Services surplus equipment item number 1 as per
bid recap to Shaw's Home Maintenance and Landscaping, Inc., County ill No. 1807-081, 1994
Eldorado Aerolite Bus, in the amount of$3,826.00. Said recap is incorporated herein by
reference.
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Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County Nutrition Program and GA Food Service, Inc. to renew Contract for
one additional year, January 1, 2005 - December 31, 2005 (This Contract to also include services
to Bayshore Manor; pursuant to the "piggybacking" Procedure specified in the Monroe County
BOCC Purchasing Policy, October 2000. This provides that other governmental entities may take
advantage ofthe pricing received through a competitively awarded bid).
Board granted approval to award Public Works surplus equipment as described in recap of
bid opening (items 2, 3, 4, 5,6, 7, 9, and 10) as follows: County ID No. 0920-435, 1990 Chev
3500 CC Flat to Paradise Towing for $20.00; County ID No. 940-031, Phelan Lowboy to Bill
Sweeney for $1,502.50; County ill No. 1001-495, 1994 Buick Century to Paradise Towing for
$20.00; County ID No. 903-695, 1994 Dodge Cargo Van to Paradise Towing for $551.00;
County ID No. 0940-301, Rayco Stump Grinder to Paradise Towing for $1,051.00; County ill
No. 0944-005, 1983 Ford F800 Oil Distributor to Paradise Towing for $251.00; County ID No.
0920-436, 1990 Chev 3500 CC Flat to Atlantic Metals for $500.00; and County ID No.
3300-090, 1991 Ford Aerostar to Wendy Gilchrist for $102.00.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and L.H. Kephart d/b/a Eaton Street Professional Center, to lease approximately 8,280
square feet of office space for the Key West Public Defender.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval of two (2) plaques for the Roth Building. The construction
contract requires the contractor to install a dedication plaque for the project and the Sheriffhas
asked for additional information to be included on the plaque; therefore, a second plaque is being
proposed.
Board granted approval to rename Ocean Drive to North Ocean Drive in Palma Sola
Subdivision, Key Largo.
Board adopted the following Resolutions concerning Transfer of Funds and Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 400-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 384-2004 (OMB Schedule Item No.2).
RESOLUTION NO. 401-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 385-2004 (OMB Schedule Item No.3).
RESOLUTION NO. 402-2004
11/17/2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 403-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 404-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 405-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 406-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 407-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 408-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 409-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 410-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 411-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 412-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 413-2004
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 414-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 415-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 416-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 417-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 335-2004 (OMB Schedule Item No. 19).
RESOLUTION NO. 418-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 419-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 420-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 421-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 422-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Rural Health Network of Monroe County, Florida, Inc. to add
addition of service to Attachment C.
Board granted approval and authorized execution of the following Disaster Relief Funding
Agreements between Monroe County and the Department of Community Affairs: Agreement No.
05-P A-C%-11-54-00-942 for Hurricane Charley, FEMA-DR-1539-FL; Agreement No.
05-PA-GO.Io-11-54-00-962 for Hurricane Frances, FEMA-DR-1545-FL; and Agreement No.
05-PA-G%-11-54-01-588 for Hurricane Ivan, FEMA-DR-1551-FL.
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Board granted approval of ratification of emergency Purchase Order No. 00001890 for
$59,060 issued to Grainger Industrial Supply, sole source vendor, to provide and install a UL
listed Square D 4000 Amp Main Breaker at the Monroe County Detention Facility on Stock
Island.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Contract for Fishing Umbrella
Services between Monroe County and Florida Keys Fishing Tournaments, Inc. to act as a County
Wide Fishing Umbrella.
Board adopted the following Resolution transferring Funds.
RESOLUTION NO. 423-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and W omenfest, Inc. to revise the dates of event.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Redbone, Inc. to revise dates of the Mercury Redbone Celebrity
SLAM Tournament to October 1-3, 2004.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Redbone, Inc. to revise dates of the Mercury Redbone Celebrity
Baybone Tournament to November 3-5, 2004.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Dolphin Research Center to revise grant Agreement period to
terminate on September 30,2005.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and the City of Marathon for the design and construction of a Birdair
architectural tensile membrane structure amphitheater with climate controlled storage/dressing
rooms, lighting, sound and a minimum of2,000 square feet stage area contingent upon the City of
Marathon providing three additional sets of bleachers upon the completion of the project in an
amount not to exceed $250,000, FY 2005, DAC III, Capital Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the City of Marathon for the Sombrero Beach Injection Well Project
to extend the Agreement period to terminate on December 31,2004.
Board granted approval of Florida Keys Council of the Arts Cultural Umbrella
Representative for District II.
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Board granted approval and authorized execution of a Contract for Dive Umbrella
Services between Monroe County and Keys Association of Dive Operators to provide Dive
Umbrella Services on behalf of Monroe County.
DIVISION OF GROWTH MANAGEMENT
Board granted approval for the transfer of two buildable lots from Ramon and Iraida M.
Monzon to Monroe County by Warranty Deed, PerIl}it No. 02-3-2453 for property described as
Lots 14 & 15, Block 9, Harris Ocean Park Estates, Key Largo. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2005, has filed the documents in
accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of three buildable lots from Emilio M. Grenet to
Monroe County by Warranty Deeds, Permit No. 03-3-0463 for properties described as Lot 27,
Block 1, Ramrod Shores Marina Section, Ramrod Key; Lot 32, Block 4, Eden Pines Colony, Big
Pine Key; and Lot 18, Block 4, Key Largo City, Key Largo. The applicant is receiving a dwelling
unit allocation award for the year ending July 13, 2005, has filed the documents in accordance
with Ordinance No. 47-1999.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Department of Community Affairs replacing existing Agreement
to provide for exemption of certain development orders.
Board granted approval to rescind a Professional Services Contract between Monroe
County and HDR Engineering approved by the Board at the May 19, 2004 meeting for the
completion of the Key Largo Livable CornmuniKeys Master Plan; and granted approval and
authorized execution of a new Contract for Professional Services between Monroe County and
HDR Engineering, Inc. to complete the Key Largo Livable CommuniKeys Master Plan.
Board granted approval and authorized execution of Amendment NO.2 to Blanket
Purchase Order Consulting Services for Management Skill for Growth Management Division,
State Contract No. 973-001-00-1, between Monroe County and HDR, Inc. to increase Contract
funds to perform GIS Services for the Florida Keys Scenic Highways Program.
Board granted approval of a request from Old Road Partners to waive the application fees
for an Amendment to the Minor Conditional Use for a project known as "Sloan's Crossing",
Stock Island.
Board granted approval of an Intensity Reduction Restrictive Covenant Non-Residential
from Marine Resources Development Foundation for floor area intensity reduction on a property
described as Block 11, Lots 3,4, 5 & 6, Twin Lakes, Permit No. 04300834, and having the parcel
identification numbers of 00549430.000000, 00549440.000000, 00549450.000000, and
00549460.000000.
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Board granted approval for the transfer of two buildable lots from Isaac and Elizabeth
Tormo to Monroe County by Warranty Deeds, Permit No. 02-3-0926, for properties described as
Lot 33, Block 5, Harris Ocean Park Estates, Key Largo; and Lot 16, Block 9, Palma Sola, Key
Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13,
2005, have filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval and authorized execution of Amendment NO.2 to the Contract
for Legal Services to Prepare Comprehensive Amendment to Chapter 9.5, Monroe County Code
between Monroe County and Freilich, Leitner & Carlisle, dated May 30,2002.
Board granted approval for one Lot Aggregation Restrictive Covenant from David W. and
Carol Ann Tuttle and Peter and Amy Rosasco to have one dwelling unit on contiguous lots,
Permit No. 97-1-0139, for property described as Lots 32 and 33, Doctors Arm 3rd Addition
Section "A", Big Pine Key. The applicants are receiving a dwelling unit allocation award for the
year ending July 13,2005, have filed the document in accordance ~ith Ordinance No. 47-1999.
Board granted approval and authorized execution of Amendment 3 to the Contract for
Services for the Monroe County Stormw;ater Management Master Plan to provide stormwater
engineering services to Monroe County.
Board granted approval for one Lot Aggregation Restrictive Covenant from T -Builders,
Inc., to have one dwelling unit on contiguous lots, Permit No. 97-1-1361, for property described
as Lots 5 and 6, Block 22, Eden Pines Colony 3rd Addition, Big Pine Key. The applicants are
receiving a dwelling unit allocation award for the year ending July 13, 2005, have filed the
document in accordance with Ordinance No. 47-1999.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Nelson's appointment of Donna Bosold to the
Arts in Public Places Committee with a term expiring November 1, 2008, replacing Pete Bacheler
who has resigned.
Board granted approval of Commissioner McCoy's reappointment of Jeanne Trubey to the
Library Advisory Board for a consecutive 4-year term to commence retroactive to October 1,
2004 and expiring October 1,2008.
Board granted approval of Commissioner McCoy's appointment of Roger Emmons to the
Art in Public Places Committee, District 3, for a 3-year term to commence retroactive to
November 1, 2004 and expiring November 1, 2007, replacing Anne Sunkel who now resides in
District 1.
COUNTY CLERK
Board granted approval of the following Warrants (105558-106532 & 207599-207714):
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General Fund (001), in the amount of$2,241,098.83; Fine & Forfeiture Fund (101), in
the amount of$5,802,783.86; Road and Bridge Fund (102), in the amount of $69,598.23; TDC
District Two Penny (115), in the amount of$280,796.58; TDC Admin. & Promo 2 Cent
(116), in the amount of$562,619.21; TDC District 1,3 Cent (117), in the amount of
$328,615.95; TDC District 2, 3 Cent (118), in the amount of$23,489.78; TDC District 3,3
Cent (119), in the amount of$73,177.61; TDC District 4, 3 Cent (120), in the amount of
$67,870.30; TDC District 5, 3 Cent (121), in the amount of$169,343.91; Gov. Fund Type
Grants (125), in the amount of $229,644.06; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$93,918.70; Upper Keys Health Care (144), in the amount of$1,063.50; Fire &
Amb Dist 6 Key Largo (146), in the amount of$25,873.61; Uninc Svc Dist Parks & Rec
(147), in the amount of$29,238.08; Plan, Build, Zoning (148), in the amount of$137,074.96;
Municipal Policing (149), in the amount of$720,378.31; 911 Enhancement Fee (150), in the
amount of$13, 111.99; Duck Key Security (152), in the amount of$5,593.60; Local Housing
Assistance (153), in the amount $19,816.28; Boating Improvement Fund (157), in the amount
of$25,168.47; Misc. Special Revenue Fund (158), in the amount of$36,285.40; Law
Enforcement Trust (162), in the amount of$21,131.46; Marathon Municipal Service (166), in
the amount of$1.03; 1 Cent Infra Surtax (304), in the amount of $213,757.26; Clerks Rev
Note, Capital (306), in the amount of$20,225.98; 2003 Revenue Bonds (307), in the amount of
$2,565.79; Card Sound Bridge (401), in the amount of$32,828.00; Marathon Airport (403),
in the amount of$11,193.31; Key West IntI. Airport (404), in the amount of$789,987.82;
MSD Solid Waste (414), in the amount of$935,213.04; Worker's Compensation (501), in the
amount of$186,809.80; Group Insurance Fund (502), in the amount of$50,540.70; Risk
Management Fund (503), in the amount of$93,640.72; Fleet Management Fund (504), in the
amount of$63,088.37; Various Funds, in the amount of$248.00.
Board granted approval of the following Tourist Development Council Expenditures for
the month of October 2004:
Advertising, in the amount of$712,030.34; Bricks & Mortar Projects, in the amount of
$178,827.30; Visitor Information Services, in the amount of$30,208.30; Events, in the amount
of$101,347.13; Office Supplies & Oper Costs, in the amount of$110,758.66; Personal
Services, in the amount of$146,601.39; Public Relations, in the amount of$69,355.96; Sales &
Marketing, in the amount of$128,130.01; Telephone & Utilities, in the amount of$15,392.68;
Travel, in the amount of$13,261.57.
Board granted official approval of the Board of County Commissioners Minutes from the
Special meeting of September 8, 2004 and Regular meeting of September 21, 2004 (previously
distributed) .
Board granted approval to rescind the Suncom Network Services Agreement with the
State of Florida Technology Office (new Suncom Network Services Agreement for the County to
order and disconnect services with the State of Florida Technology Office and reconfirms our
payment Agreement) from the June 16,2004 meeting, Agenda Item No. C15.
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COUNTY ADMINISTRATOR
Board granted approval of expenditures from the Board's promotional account to
purchase plaques acknowledging the outstanding services of the 2003-2004 Mayor of Monroe
County and the outgoing County Administrator. Also, a flower arrangement was purchased for
Commissioner McCoy and his family.
COUNTY ATTORNEY
Board granted approval and authorized execution of an Agreement for Public Defender
Services between Monroe County and the Office of Public Defender for the Sixteenth Judicial
Circuit to defend indigent persons who are accused of County Ordinance violations but not
ancillary state charges.
Board granted authorization to initiate litigation to collect code enforcement fines that had
been imposed against the following 5 code enforcement cases and for authorization of the County
Attorney's Office to negotiate settlements, if appropriate, in each case:
l)Blair & Althea Mooney: On 9/6/03, the Code Enforcement Special Master imposed a
daily fine of$500.00 against the Mooney property on Summerland Key for engaging in
commercial expansion by adding outside seating, decking, fencing, awning, screening and
electrical without planning department approval. The property was brought into compliance on
June 23, 2004. On 8/25/04 the Special Master authorized the initiation of collection proceedings
of the fine and costs which total $146,100.00.
2)Federico RodriguezlNerry Rodriguez/Manuela Rodriguez Estate: On May 21,
2004, the Code Enforcement Special Master imposed a daily fine of$100.00 against Federico
Rodriguez and Nerry Rodriguez and Manuela Rodriguez Estate property on Stock Island for
abandoning vehicles on property, disposing trash and debris on property, unlawful deposit of a
solid waste and maintaining a sanitary nuisance. As of 9/29/04, the property was still in violation.
On that date, the Special Master authorized the initiation of collection proceedings of the fine and
costs which totaled $13,300.00.
3)Jean M. LouislItnor Corporation: On 3/25/04, the Code Enforcement Special
Master imposed a daily fine of $100.00 against Jean M. Louis/Itnor Corporation property on
Stock Island for building a fence and enclosing a porch without a permit. As of 9/29/04, the
property was still in violation. On that date, the Special Master authorized the initiation of
collection proceedings of the fine and costs which totaled $22,200.00.
4)Outland Properties/David Block: On 1/28/04, the Code Enforcement Special Master
imposed a daily fine of$500.00 against Outland Properties/David Block on Key Largo installing
an irrigation system without a permit. As of 9/29/04, the property was still in violation. On that
date, the Special Master authorized the initiation of collection proceedings of the fine and costs
which totaled $123, 100.00.
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5)Matthew R. Bonnett: On 12/17/03, the Code Enforcement Special Master imposed a
daily fine of $150.00 against the Matthew R. Bonnett property on Stock Island for building a
wooden deck without a permit and for having an abandoned vehicle on the property. As of
4/29/04, the property was still in violation. One that date, the Special Master authorized the
initiation of collection proceedings of the fine and costs which total $50,950.00.
Board granted approval and authorized execution ofa Release of Notice of Tax Lien on
five solid waste assessment liens against parcel number 00161870-000000. The tax liens were
imposed against a lot on Bay Point in 1986 (Book 0975, Page 1937); 1987 (Book 1016, Page
0036); 1988 (Book 1056; Page 1775); 1989 (Book 1102, Page 0078); and 1990 (Book 1152;
Page 1713) but never completed any enforcement action. Enforcement now would be barred by
the statute of limitations, the liens, plus interest, totaling approximately $3,000.00.
Approval of Defendant's Molasses Reef Marina Corp's settlement offer in Code
Enforcement Case U9-02-649.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the current County Administrator James L. Roberts.
Motion carried unanimously.
STAFF REPORTS
Public Works Report - County Engineer, Dave Koppel reported on the project status of
the Crawl Key Medical Examiner's Building; the Big Pine Community Park; and the Old Mariner's
Building (The Roth Building).
Airports Report - Monroe County Airports Director, Peter Horton reported on the Blue
Angels in Paradise Air Show held at the Boca Chica Naval Air Station; the Young Eagles Rally
held at the Key West International Airport; status of the Runway Safety Area Environmental
Assessment Project and improvements to the terminal area at the Key West International Airport.
Growth Management Report - Growth Management Director, Tim McGarry reported on
the status of the review by the Fish and Wildlife Service concerning the Habitat Conservation Plan
for Big Pine Key and No Name Key.
DIVISION OF GROWTH MANAGEMENT
Commissioner Neugent discussed the consideration of a Resolution approving forYear 13,
from July 14, 2004 to July 13, 2005, ten thousand square feet of commercial floor area to be
available, in two allocations, the first allocation of five thousand square feet on January 2005 and
the remainder to be held in reserve for the second allocation in July 2005, and limiting the
applications to 2,500 square feet or less. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution, as amended.
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Said amendment as follows: for the Year 13 annual NROGO allocation period that ten
tftousarHI (10,000) sixteen thousand (16,000) square feet of commercial floor area be made
available in two allocations of 5;-eoo 8,000 square feet, the first allocation to be made in January
2005 and the second allocation to be made in July 2005, and that applications be limited to 2,500
square feet or less of floor area.
RESOLUTION NO. 424-2004
Said Resolution is incorporated herein by reference.
Roll call vote was unanimous.
Timothy McGarry, Growth Management Director reported on Robbie's Marina and status
of planning and regulatory issues related to development of waterfront on Stock Island.
The Board accepted the written Growth Management Litigation Report from the Law
Offices of Morgan & Hendrick prepared by Derek V. Howard, Esquire, dated November 15,
2004.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item concerning a Resolution of appreciation of the
County Commission of Monroe County in recognition of exceptional efforts and service to the
citizens of the Florida Keys by Monroe County, Agency, and Municipal Staff performing
emergency duty during the 2004 Hurricane Season. Motion was made by Commissioner Neugent
and seconded by Commissioner Rice to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 425-2004
Said Resolution is incorporated herein by reference.
Commissioner Neugent discussed his item concerning the Career Service Board. County
Administrator, James Roberts addressed the Board. This item was referred to Staff
Commissioner Neugent discussed his item concerning a request for Board direction of
Staff to produce a brochure of helpful phone numbers, web sites, emergency numbers, staff
members, addresses and pictures of government facilities. This item was referred to Staff.
Commissioner Nelson discussed his item to appoint a committee of 10 citizens to work
with the county's selected Architect to provide community input on the design of the Community
Center located on the Quay property in Key Largo. The Committee will be comprised of three
(3) members from the Key Largo Federation of Homeowners' Associations; three (3) members
from the Key Largo Chamber of Commerce; (one) 1 member from the Tavernier Community
Association; (one) 1 member from the Key Largo Civic Club, and two (2) members appointed by
the BOCC. Assistant County Attorney, Suzanne Hutton addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent to establish a
committee to work with the county's selected Architect and Staff to provide community input on
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the design of the Community Center located on the Quay property in Key Largo. Motion carried
unanimously. County Engineer, Dave Koppel also addressed the Board.
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy that
Donna Pacho and Johnny DeBrule be the BOCC's appointments to serve on the above committee
and that the following appointees be ratified by the BOCC at it's December 2004 meeting: three
(3) members from the Key Largo Federation of Homeowners' Associations; three (3) members
from the Key Largo Chamber of Commerce; one (1) member from the Tavernier Community
Association; and one (1) member from the Key Largo Civic Club. Motion carried unanimously.
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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 were Commissioner George Neugent, Commissioner Dixie Spehar,
Commissioner David P. Rice, Councilman John Cromartie, and Chairman Kevin M. Madok.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval to purchase five (5) MSA Evolution 5000 Thermal Imaging Cameras and
accessories from Ten 8 Fire Equipment, Inc., the designated supplier ofMSA equipment in the
State of Florida, at a purchase price of$45,240.00, and approval to issue a Purchase Order to Ten
8 Fire Equipment, Inc. for same. Motion carried unanimously. Fire Chief, Clark Martin
addressed the Board.
There being no further business, the meeting of the Board of Governors was adjourned.
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The Board of County Commissioners meeting reconvened with all Commissioners present.
COUNTY ADMINISTRATOR
An announcement was made concerning a vacant position on the Tourist Development
Council District V Advisory Committee for an "At Large" appointment.
County Administrator Tom Willi thanked the Commission, Staff and Mr. Roberts for their
assistance during the transition phase.
Mr. Willi discussed his desire to maintain Jim Malloch in his current position. Motion was
made by Commissioner Neugent and seconded by Commissioner Rice ratifying Mr. Malloch's
position as Community Services Director. Motion carried unanimously.
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Mr. Roberts addressed the Board. The Board then thanked Mr. Roberts and
acknowledged his many accomplishments during his tenure as Monroe County Administrator.
Commissioner Nelson discussed his item concerning the selection of an architect for the
Quay property in Key Largo. Mr. Willi and Mr. Koppel addressed the Board. No official action
was taken.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the 2005 Board of County Commissioners monthly meeting dates for the 3rd
week of each month. Motion carried unanimous. Said document is incorporated herein by
reference.
WASTEWATER ISSUES
Commissioner McCoy, the Board's liaison (point person) for wastewater issues, updated
the Board concerning Outdoor Resorts at Long Key and the City of Layton.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval for the County Administrator to proceed with Stock Island Utility Assessment
program continuation of services to provide specialized assistance to Monroe County and its staff
in the billing and collection of Stock Island Utility Assessments for FY 2004-2005. Motion
carried unanimously.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting
approval and authorizing execution of Contract Change Order NO.1 between Monroe County
and URS to clarify wording on an Agreement for Independent Engineering Services dated
February 18, 2004, and ext~nd the expiration date. Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
approval of the Fiscal Year 2005 Appointments of Commissioners' to Various Duties; Various
Other Appointments/Notes; and 2005 Organization for Rotational Commissioner Attendance.
Motion carried unanimously. Said documents are incorporated herein by reference.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson
re-appointing the BOCC as the Industrial Authority. Motion carried unanimously. Said
document is incorporated herein by reference.
COUNTY ATTORNEY
Assistant County Attorney Pedro Mercado distributed the written November 2004 CAY
litigation report. Suzanne Hutton, Assistant County Attorney reported to the Board concerning
the court ruling from the Second Judicial Circuit in favor of the County whereby fifteen (15)
counties along with the Florida Association of Counties challenged section 985.2155, Florida
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Statutes that passed the costs of funding pretrial detention for juveniles from the state to the
counties. Ms. Hutton also reported on the Big Pine Key Fire StationlDivision of Forestry plan
review. Mr. Koppel addressed the Board.
Commissioner Nelson discussed the Smart Planning litigation. Mr. McGarry addressed
the Board.
Commissioner McCoy and Commissioner Nelson excused themselves from the meeting.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolution reaffirming the County's support to remove Robbie's Safe Harbor
Marine, Enterprises, Stock Island from the Coastal Barrier Resources System. Robbie Reckwerdt
representing Robbie's Safeharbor Marine Enterprises addressed the Board. Motion carried
unanimously, with Commissioner McCoy and Commissioner Nelson not present.
RESOLUTION NO. 426-2004
Said Resolution is incorporated herein by reference.
Commissioner McCoy and Commissioner Nelson returned to the meeting and took their
seats.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution approving the
Administrative Relief for David Thompson on the lot described as Block 3, Lot 4, Unrecorded
Plat Oceana, Key Largo, Real Estate Number 00085440.000200 in the form of an offer to
purchase the lot for fair market value. The Board accepted public input with the following
individual addressing the Board: David Thompson. Tim McGarry, Growth Management Director
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Nelson to table the hearing to the February 2005 meeting of the Board. Motion
carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning a request from the Largo Sound
Village Association to waive the application fees for a Minor Conditional Use for a project to
construct a tiki in the community park for the use of the Association. After discussion, motion
was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval of
the request. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
reconsider Agenda Item 0.9 concerning Commissioner McCoy's item for the appointment of
Roger Emmons to the Art in Public Places Committee, District 3, for a 3-year term to commence
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retroactive to November 1,2004 and expiring November 1, 2007, replacing Anne Sunkel who
now resides in District 1. Motion carried unanimously. Motion was made by Commissioner
Neugent and seconded by Commissioner Rice approving Commissioner McCoy's appointment of
Roger Emmons to the Art in Public Places Committee, District 3, for a 3-year term to commence
retroactive to November 1,2004 and expiring November 1, ~ 2008, replacing Anne Sunkel
who now resides in District 1. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to reconsider a Resolution directing the Planning and
Environmental Resources Department to amend the draft Livable CommuniKeys Master Plan for
Tavernier Creek to mile marker 97 before bringing the plan to the Board for adoption. Tim
McGarry, Growth Management Director addressed the Board. The Board accepted public input
with the following individuals addressing the Board: Jill Patterson, Chris Gardner, John Stuart,
representing Key Largo Chamber of Commerce; Frank Strafaci, representing Coconut Palm Inn;
Alice Morrison, Johnny 1. DeB rule, Donna Pacho, Geri Smith, James Lupino, Burke Cannon, the
Island of Key Largo Home Owner's Association; Richard Lancaster, representing Hammer Point
Owner's Association; George Born, representing Historic Florida Keys Foundation. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
adopt the following Resolution as amended, to include the following at Page 4 of 5 Section 3:
3. Action Item 3.1.6 (new): Require that any development. remodeling or redevelopment
approved within the designated Tavernier Historic Overlay District (Figure 3.1). to include the
areas designated as the Existing Historic District and Proposed Historic District. meeting the
following criteria. be consistent with design standards and in compliance with regulatory controls
established pursuant to Strategy 4.1:
1. Any structure that is designated by Monroe County as a historic resource:
2. Anv structure identified by "The Final Report Historic Architectural Survey of
Unincorporated Areas of Monroe County Florida (2003)" prepared by GAl
Consultants Inc.
4. Action Item 3.1.7 (new): Enact a temporary moratorium on all development meeting
the threshold for design review and approval in Action Item 3. 1.6 until adoption of design
standards and regulatory controls for the Tavernier Historic Overlay District are adopted or six
months after the effective date of this Master Plan. whichever occurs first.
Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner McCoy Yes
Commissioner Rice Yes
Commissioner Nelson Yes
Mayor Spehar Yes
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Motion carried.
RESOLUTION NO. 427-2004
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to the
Department of Community Affairs the request by Monroe County amending the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Public
Buildings/Grounds (PB) for property described as the northern half of Tract 8, and all of Tracts 9
and 10, second amended and revised plat of Lee Shores, Section 22, Township 61 South, Range
39 East, Tallahassee Meridian, Key Largo, Monroe County, Florida. Located at 102050
Overseas Highway, mile marker 102. The real estate number is 00543060-000000. There was no
public input. Motion was made by Commissioner Neugent and seconded by Commissioner
McCoy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 428-2004
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Sections 9.5-4
and 9.5-266 (Affordable and Employee Housing) of the Monroe County Land Development
Regulations inserting a definition for employer-owned rental housing and language establishing
income eligibility requirements for the use of employer-owned rental housing; providing for repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing for an effective date. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 036-2004
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adopting an Interim Development Ordinance
Deferring Award ofROGO Market Rate Allocations for ROGO Year 12, Quarter 4 to Year 13,
Quarter 1, and Year 13, Quarter 1 to Year 13, Quarter 2; providing notice that no market rate
allocations will be available for award after Year 13, Quarter 1 pending enactment of proposed
rule 28-20.110, Florida Administrative Code; providing for expiration hereof 60 days after
effective date. Tim McGarry, Growth Management Director addressed the Board. The Board
accepted public input with the following individuals addressing the Board: George Wilson, Guy
Leekey, and Carol Nelson. After discussion, motion was made by Commissioner McCoy and
seconded by Commissioner Nelson to adopt the following Ordinance. Roll call vote was
unammous.
ORDINANCE NO. 037-2004
Said Ordinance is incorporated herein by reference.
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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.iJc.. ~~
Isabel C. DeSantis, Deputy Clerk