01/19/2005 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 19, 2005
Key West, Florida
2005/3
A Closed Attorney - Client Session convened at 8:30 A.M. on the above date with the
Regular Meeting of the Monroe County Board of County Commissioners convening at 9:30
A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner
Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. Neugent,
Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present were Danny L. Kolhage,
Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins, County Attorney; Thomas Willi,
County Administrator; County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
CLOSED ATTORNEY -CLIENT SESSION
Mayor Spehar announced that pursuant to Florida Statute the following was closed to the
public: An attorney -client closed session held with the Board, County Administrator Tom Willi,
County Attorney Richard Collins, Assistant County Attorney Bob Shillinger, outside counsel
Tyson Smith and Bob Frelich and a certified court reporter to discuss the Collins v. Monroe
County litigation.
The Board of County Commissioners convened with all Commissioners present.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting
approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Retirement Plaque to Violet Montero who worked for Monroe County
from October 1, 1976, and retired in December 2004.
Presentation of Years of Service Award for 25 years of service to Monroe County to
James Hyde, Maintenance Mechanic, Facilities Maintenance Department, Public Works Division.
Presentation of Years of Service Award to Calvin Allen, Coordinator, Equal Employment,
Management Services Division, Administrative Services, for 20 years of service to Monroe
County.
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Presentation of Employee of the Month Award for October, 2004, to Terry Thompson,
Sr. Landscaper, Higgs Beach, Public Works Division.
Presentation of the Florida Keys Council for People with Disabilities Award to Jim
Malloch, Community Services Division Director and Liaison to the Disability Council.
Presentation of Mayor's Proclamation proclaiming March 12 & 13, 2005 as Green Living
and Energy Expo Days.
BULK APPROVALS
Motion was made by Mayor Spehar and seconded by Commissioner Rice granting
approval of the following items by unanimous consent:
Board granted approval to advertise a budget amendment for Funds 001/General Fund,
102/Road and Bridge, 148/Planning, Building, Zoning & Fire Marshal. The Fiscal Year 2005
budget needs to be amended in order to increase revenues in the General Fund (001) by
decreasing the 1/2 cent sales tax revenue in the Planning, Building, Zoning & Fire Marshal Fund
(148) and transferring various transportation program appropriations currently budgeted in the
Road and Bridge Fund (102), to the General Fund, in order to stabilize the Road and Bridge Fund
Balance.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and G & K Services for the Division of Public Works uniform services
commencing on February 1, 2005 and expiring on January 31, 2006, and a rate increase in
uniform prices by the CPI-U of 3.5%.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to use up to $500,000 in Park Impact Fees (District 3) for
construction and development of the Key Largo Skate Board Park.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and Florida Keys Mosquito Control District to facilitate the transfer of health
insurance coverage responsibilities for the employees of the District from the County to the
District by setting out the respective duties of the District and the County for the transition
period.
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. 001-2005
Said Resolution is incorporated herein by reference.
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Amending Resolution No. 237-2004 (OMB Schedule Item No. 2).
RESOLUTION NO. 002-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 003-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 004-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 005-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 360-2004 (OMB Schedule Item No. 6).
RESOLUTION NO. 006-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 007-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 008-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 009-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No, 10).
RESOLUTION NO. 010-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 416-2004 (OMB Schedule Item No. 11).
RESOLUTION NO. 011-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution adopting the Fiscal Year 2004-2005 addendum to
the Solid Waste Assessment Roll (because of errors and omissions).
RESOLUTION NO. 012-2005
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Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the Mayor to execute an EMS
County Grant Application and related request for grant distribution to the State of Florida
Department of Health, Bureau of Emergency Medical Services.
RESOLUTION NO. 013-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Affiliation Agreement between
Monroe County, for Monroe County Fire Rescue, and the District Board of Trustees of Broward
Community College to provide EMS training environment from date of approval of Agreement
through January 31, 2006 with the option to renew on a year-to-year basis.
Board granted approval to waive purchasing policy and issue a purchase order to Zoll
Data Systems, sole source provider of the RescueNet suite software products, in the amount of
$30,500.00 for the purchase of EMS Pro software package for Key Largo Volunteer Ambulance
Corps including network and mobile licensing, training, installation and tech support for
pre -hospital collection of data to be used for patient care reporting, state reporting and electronic
billing.
Board granted approval and authorized execution of Purchase/Service Order No.
04/05-08 between Monroe County and URS for services for the Runway Approach Clearing
Project, at the Key West International Airport.
Board granted approval and authorized execution of a Contract for Terminal
Rehabilitation of the Customs Building between Monroe County and Comfort Tech Air
Conditioning, Inc. to replace A/C and handrails at the Key West International Airport.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Island Dolphin Care, Inc. to extend Agreement to March 31, 2005.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Lower Keys Chamber of Commerce covering the Lower Keys
Jazz Festival on April 3, 2005, in an amount not to exceed $3,000, DAC II, FY 2005 Event
Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the National Marine Sanctuary Foundation to extend Agreement for
the Dr. Nancy Foster Florida Keys Environmental Center.
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Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Gay & Lesbian Community Center of Key West, Inc. covering
Pride Fest 2005 in an amount not to exceed $20,000, DAC I, FY 2005, Event Resources.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Conch Republic Offshore Powerboat Racing Association, Inc.
covering the Key West World Championship Race on November 13-20, 2005, in an amount not
to exceed $80,000, DAC I, FY 2005, Third Penny Event Resources.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of a Blanket Purchase Order by Monroe County for the firm of
HDR Engineering, Inc. to provide technical and management assistance under State Contract No.
973-001-00-1 concerning the Tavernier Urban Design Guidelines and Tavernier Historic District
Guidelines, and authorized execution of a Contract for Professional Services for same.
Board granted approval for the transfer of two buildable lots from Jose Manuel and Zoe
Gonzalez to Monroe County by Warranty Deed, Permit No. 01-3-1889, for property described as
Lot 9, Block 5, Harris Ocean Park Estates, Key Largo; and Lot 8, Block 11, 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 a Contract for Professional Services
between Monroe County and Aquatic Vegetation Control, Inc. to manage and remove exotic
plant species along the Florida Keys Scenic Highway Right -of -Way.
Board granted approval to advertise an Ordinance amending Monroe County Code
Chapter 8 by creating Article II, Disposal of Garbage, Trash, and Refuse, Section 8-16,
Definitions, Section 8-17, Premises to be cleaned and mowed, and Section 8-18, Illegal waste
disposal on public and private lands and waterways;
Board granted approval and authorized execution of Supplemental Joint Participation
Agreement No. 4, Contract AI-893, between Monroe County and the Florida Department of
Transportation to provide funding to complete three corridor master plans for the remaining areas
of the Livable CommuniKeys Program as well as additional funding for ongoing corridor master
plan studies.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and URS Corporation Southern for transportation planning/engineering
services.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval and authorized execution of the Sheriffs Deputies and
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Corrections Officers Wage Plan FY 2005-2007 between Monroe County, Monroe County
Sheriffs Office and the Florida State Lodge Fraternal Order of Police, Inc.
Board granted approval of disposition of inventory items for the month of January 2005,
in the amount of $8,138.30. Said list is incorporated herein by reference.
MONROE COUNTY COURT ADMINISTRATOR
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Roger Young, d/b/a OPMI, Inc., for approximately 1,918 square feet of
office space for Family Court Programs' staff, Drug Court Program staff; and the Guardian ad
Litem staff.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and David and Linda Shield d/b/a Town Square Mall, for office space for the Drug Court
Counselor in Marathon.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the Bay Point and Conch Key
Community Development Block Grant (CDBG) Sewer Connection Assistance Program eligibility
lists and recognition of the CDBG Program's conflict of interest requirement.
RESOLUTION NO. 014-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution rescinding Resolution No. 340-2004 and
authorizing execution of an Amendment to the Interlocal Agreement with the Monroe County
Housing Authority.
RESOLUTION NO. 015-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving an amendment to Monroe County's
State Housing Initiative Partnership (SHIP) Program, Local Housing Assistance Plan (LHAP) for
State of Florida Fiscal Years 2004-2005, 2005-2006, 2006-2007.
RESOLUTION NO. 016-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Neugent's reappointment of Bob Mock to the
Parks and Recreation Advisory Board, with a term expiring January 1, 2009.
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Board granted approval of Commissioner Rice's reappointment of Christine Tejera to the
Parks and Recreation Advisory Board, with a term expiring January 1, 2009.
Board granted approval of Commissioner Rice's appointment of F. Paul Koisch to the
Marine & Port Advisory Board, replacing Capt. Mike Ehlers, with a term expiring March 1, 2008.
Board granted approval of the committee comprised 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. Said list of committee members is incorporated
herein by reference.
Board granted approval of Commissioner's Rice appointment of Jack Thorley as the
Middle Keys representative to the South Florida Conservation and Development Council,
replacing Commissioner Rice due to continuing schedule conflicts.
COUNTY CLERK
Board granted approval of the following Warrants (107519-108734 & 207802-207901):
General Fund (001), in the amount of $3,530,607.79; Fine & Forfeiture Fund (101), in
the amount of $5,706,280.76; Road and Bridge Fund (102), in the amount of $57,053.61; TDC
District Two Penny (115), in the amount of $513,079.37; TDC Admin. & Promo 2 Cent
(116), in the amount of $748,946.66; TDC District 1, 3 Cent (117), in the amount of
$189,258.40; TDC District 2, 3 Cent (118), in the amount of $17,591.41; TDC District 3, 3
Cent (119), in the amount of $22,366.49; TDC District 4, 3 Cent (120), in the amount of
$1,869.20; TDC District 5, 3 Cent (121), in the amount of $6,673.16; Gov. Fund Type Grants
(125), in the amount of $232,791.45; Fire & Amb Dist 1 L&M Keys (141), in the amount of
$262,876.20; Upper Keys Health Care (144), in the amount of $715.65; Fire & Amb Dist 6
Key Largo (146), in the amount of $65,183.25; Uninc Svc Dist Parks & Rec (147), in the
amount of $35,560.41; Plan, Build, Zoning (148), in the amount of $174,060.92; Municipal
Policing (149), in the amount of $980,345.61; 911 Enhancement Fee (150), in the amount of
$26,268.62; Duck Key Security (152), in the amount of $13,103.36; Boating Improvement
Fund (157), in the amount of $7,950.00; Misc. Special Revenue Fund (158), in the amount of
$13,902.67; Marathon Municipal Service (166), in the amount of $20,453.72; Conch Key
Wastewater MSTU (167), in the amount of $260.56; Bay Point Wastewater MSTU (168), in
the amount of $981.42; Key Largo Wastewater MSTU (170), in the amount of $141,055.23; 1
Cent Infra Surtax (304), in the amount of $1,214,260.29; Clerks Rev Note, Capital (306), in
the amount of $125.00; 2003 Revenue Bonds (307), in the amount of $187,940.30; Card Sound
Bridge (401), in the amount of $7,152.78; Marathon Airport (403), in the amount of
$94,129.68; Key West Intl. Airport (404), in the amount of $1,191,656.17; MSD Solid Waste
(414), in the amount of $1,081,815.98; Worker's Compensation (501), in the amount of
$47,243.36; Group Insurance Fund (502), in the amount of $161,331.42; Risk Management
Fund (503), in the amount of $113,953.92; Fleet Management Fund (504), in the amount of
$106,261.86.
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Board granted official approval of the Board of County Commissioners minutes from the
Regular Meetings of November 17, 2004 and December 15, 2004, and Special Meeting of
November 29, 2004 (previously distributed).
Board granted approval to remove surplus equipment from inventory via transfer and
disposal. Said list is incorporated herein by reference.
Board granted approval of the following Tourist Development Council Expenditures for
the month of December 2004:
Advertising, in the amount of $614,604.96; Bricks & Mortar Projects, in the amount of
$124,601.69; Visitor Information Services, in the amount of $77,333.30; Events, in the amount
of $229,386.85; Office Supplies & Oper Costs, in the amount of $52,975.67; Personal
Services, in the amount of $153,393.20; Public Relations, in the amount of $126,891.67; Sales
& Marketing, in the amount of $69,845.18; Telephone & Utilities, in the amount of
$18,755.94; Travel, in the amount of $13,999.85.
COUNTY ADMINISTRATOR
Board granted approval of recommendation to the United States Board on Geographic
Names to make official the name Key Who for an island located in the Florida Keys, just north of
Summerland Key.
Board granted approval of the $10,000.00 Bond for Ervin A. Higgs, Monroe County
Property Appraiser.
Board granted approval of the $50,000.00 Bond for Danise D. Henriquez, Monroe
County Tax Collector.
Board granted approval and authorized execution of an Amendment to Consulting
Contract between Monroe County and Mitchell & Reyes, Inc. to extend the expiration date to
January 31, 2006.
Board granted approval and authorized execution of an Award Agreement Art in Public
Places between Monroe County and Debra Yates for the creation and installation of mixed media
paintings in The Roth Building/Old Mariner's Hospital.
Board granted approval and authorized execution of an Award Agreement Art in Public
Places between Monroe County and John David Hawver for the creation and installation of mixed
media paintings in The Roth Building/Old Mariner's Hospital.
Board granted approval and authorized execution of an Award Agreement Art in Public
Places between Monroe County and Rick Worth for the creation and installation of mixed media
paintings in The Roth Building/Old Mariner's Hospital.
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COUNTY ATTORNEY
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Seashime, LLC for area adjacent to the Bayview Inn and Marina on Conch Key.
Board adopted the following Resolution authorizing the payment of reasonable attorney's
fees for representation of County Officers and Employees sued for actions taken in the course and
scope of their duties when the Office of the County Attorney cannot provide representation.
RESOLUTION NO. 017-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Second Amended Settlement
Agreement in Richard M. Osborne, Trustee and Conch Contrada L. C. v. Monroe County and
Joseph Paskalik, case no. CA K 01-108.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West for the purpose of the County and the City using the
same Special Magistrate for Code Enforcement violation hearings.
Board granted approval and authorized execution of a Settlement Agreement in Monroe
County v. Joel & Marie Rogers and Patricia Cambo, case no. CA K 04-578.
MONROE COUNTY HEALTH DEPARTMENT
Board granted approval and authorized execution of the Annual Core Contract between
Monroe County and the State of Florida Department of Health for operation of the Monroe
County Health Department, Contract Year 2004-2005, for environmental, dental and health
services provided in Monroe County.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Rice's item concerning workforce housing issues with
possible direction to staff. Ed Swift addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Nelson directing Staff to bring back to the
Board recommendations of how to protect the current affordable rental market in Monroe County
and authorized the preparation of an appropriate Interim Development Agreement. Growth
Management Director Tim McGarry addressed the Board. Motion carried unanimously.
AIRPORTS
Monroe County Airport Director, Peter Horton; and Mil Reisert, representing URS
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reported to the Board two Key West International Airport Projects as follows: Environmental
Assessment for the Runway Safety Area; and the New Passenger Terminal Complex.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice abstained from voting due to a conflict of interest on the following
item:
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval and authorizing execution of a Standard Coordination/Operator Contract
between Monroe County and the Community Transportation Coordinator, The Guidance Clinic of
the Middle Keys for Contract year 01/01/2005 - 12/31/2005 for providing contracted
transportation services to Monroe County's transportation disadvantaged. Motion carried
unanimously, with Commissioner Rice abstaining.
Mr. Horton and Public Safety Director, Reggie Paros addressed the Board. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
granting approval and authorizing execution of a Lease Agreement, as revised, between Monroe
County and the City of Marathon for 55,363 square feet of land at the Florida Keys Marathon
Airport in order for the City to build a new fire facility at the Airport to provide emergency fire
and rescue services to the Airport and surrounding community. Said revision is as follows:
Page 6 - Section 13. SURRENDER UPON TERMINATION. CONDITIONS UPON
TERMINATION.
Sentence 2: All personal property of the City, including the furniture or movable trade
fixtures which remain the property of the City pursuant to Section 3 9 above (to the extent the
removal of such personal property does not effect the structural integrity of the Fire Facility),
shall be removed by the City on or the last day of the Lease Term or, if the Lease is terminated
sooner, within three (3) months after such termination.
Motion carried unanimously.
STAFF REPORTS
Public Works Report - County Engineer, Dave Koppel updated the Board on the
following county projects: Problems with the steel work at the Freeman Justice Center; Status of
the design plans for the Big Coppitt Park; Status of Flagler Avenue and advised that the
Department of Transportation reported bids would be opened on April 27 with anticipated work
to begin this Summer; Modifications to the Stock Island Fire Station; and a request from the
Department of Transportation concerning revised cost estimates for replacement of the Old Seven
Mile Bridge.
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Public Works Director, Dent Pierce informed the Board of a tentative dedication date of
January 27, 2005 commencing at 4:00 p.m., for the Judge Jefferson B. Brown plaque and bust to
be located at the Key West Courthouse Annex.
Commissioner Rice informed the Board that on Monday, January 24, 2005, at the Key
Colony Beach City Hall beginning at 10:00 a.m., there will be a presentation by Mike Mooney
of the Boyd Group regarding options for bringing a regional commercial carrier to the Florida
Keys Marathon Airport. County Attorney Richard Collins addressed the Board. After
discussion, motion was made Commissioner Rice and seconded by Commissioner Neugent to
hold a Special Meeting of the Board on Monday, January 24, 2005 at Key Colony Beach City
Hall at 10:00 a.m. Motion carried unanimously.
WASTEWATER ISSUES
Commissioner McCoy, the Board's liaison (point person) for wastewater issues, updated
the Board concerning wastewater projects in Monroe County. Mr. Koppel discussed road and
trench restoration in Bay Point and Conch Key. The following individuals addressed the Board:
Erich Peter, representing Layton Homeowners, Dirk Smitz, and Skip Haring, representing the
City of Layton.
COMMISSIONERS' ITEMS
Commissioner McCoy discussed his item concerning adoption of a Resolution supporting
implementation of a staged hurricane evacuation process in Monroe County, Florida. The
following individuals addressed the Board: Dennis Henize, Marcy Moyer, and John Bartus,
representing the City of Marathon. After discussion, motion was made by Commissioner McCoy
and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 018-2005
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
The following individuals addressed the Board: Ralph Boragine, representing Monroe
County Commercial Fishermen, Inc., Bob Daniels, and Marine Resources Director George
Garrett. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Rice granting approval to use South Florida Regional Planning Council as a sole
source provider, and authorizing staff to negotiate a Contract with South Florida Regional
Planning Council to develop a Marine Management Plan. Motion carried unanimously.
Mimi Stafford, representing Commercial Fishermen addressed the Board. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval of a request to authorize the Growth Management Division staff to prepare a
draft Interim Development Ordinance to prevent further loss of public water access and working
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waterfront while the Marine Management Plan is being completed and new policies and new
regulations based on the recommendations of that Plan are enacted. Motion carried unanimously.
COMMISSIONERS ITEMS
The following individuals addressed the Board: John Bartus, representing the City of
Marathon; and Karen Farley Wilkinson. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Rice to adopt the following Resolution, as revised,
requesting $50,000,000 be placed in the Federal Fiscal Years 2006, 2007, 2008 and 2009
Transportation Infrastructure Appropriations Bills for centralized waste and storm water
treatment facilities in Monroe County, Florida. Said revision is as follows:
5th WHEREAS: the federa4 Gongt:ess has &i1ed to appropriate adequate fitnding to solve
federal
funds appropriated to date fall short of the $100 million authorized by Congress in 2001; and
RESOLUTION NO. 019-2005
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
WASTEWATER ISSUES
Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to
adopt the following Resolution supporting location of wastewater treatment facilities out of sight
from US 1. Motion carried unanimously.
RESOLUTION NO. 020-2005
Said Resolution is incorporated herein by reference.
County Administrator Tom Willi addressed the Board. Motion was made by
Commissioner Nelson and seconded by Commissioner McCoy to table approval of the Interlocal
Agreement between Monroe County and the Florida Keys Aqueduct Authority, Inc. to assist in
funding centralized wastewater treatment systems. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item of a request to enter into an Interlocal
Agreement with Monroe County School Board to design, construct and maintain mutually a joint
use Park at Sugarloaf School. The following individuals addressed the Board: Gordon A. West,
representing the Sugarloaf Shores Property Owners Association; Sugarloaf School Principal Terri
Axford, Kevin Walden, and numerous students and members from the Sugarloaf School Student
Council. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Rice directing the County Administrator to work with the Monroe County School
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Board to modify or amend the Interlocal Agreement to provide funding for the above in Fiscal
Year 2006 of the County's Capital Project Fund. Motion carried unanimously.
Mayor Spehar discussed her item concerning approval of a Resolution of the Board of
County Commissioners of Monroe County supporting legislation to make Florida Keys Aqueduct
Authority Directors elected officials. The following individuals addressed the Board: John
Bartus, Mayor Jeff Pinkus, representing the City of Marathon; David Paul Horan, Hal Halenza,
Ed Russo, and Dirk Smitz. After discussion, motion was made by Mayor Spehar and seconded by
Commissioner Nelson to adopt the following Resolution. Roll call vote was taken with the
following results:
Motion carried.
Commissioner Neugent No
Commissioner Rice No
Commissioner Nelson Yes
Mayor Spehar Yes
Mayor Pro Tem McCoy Yes
RESOLUTION NO. 021-2005
Said Resolution is incorporated herein by reference.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Jim Malloch addressed the Board and then introduced
Cristy Mayer, Senior Transportation Planner of Gannett Fleming who gave a presentation of the
Lower Keys (Key West to Marathon) Fixed Route Bus Transportation by FDOT Contracted
Consultants on the feasibility study and route survey.
COUNTY ADMINISTRATOR
The following individuals addressed the Board concerning a request by various
municipalities that the County consider new sharing arrangements for Constitutional Fuel Tax:
Mayor Jeff Pinkus, representing the Marathon City Council, and Mayor Chris Sante, representing
the Village of Islamorada. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Rice granting approval of Scenario 6 for the above matter. Said
document is incorporated herein by reference. Roll call vote was unanimous.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval and authorizing execution of an Option Agreement for Sale and Purchase
between Monroe County, the City of Key West and the Florida Communities Trust for the sale
and purchase of property located on Stock Island known as the Public Service Building property
and adopted the following Resolution for same. Roll call vote was unanimous.
RESOLUTION NO. 022-2005
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Said Resolution is incorporated herein by reference.
STAFF REPORTS
Airports Report - Airports Director Peter Horton informed the Board that a Delta flight
declared an emergency with a hydraulic problem and was forced to land at the Boca Chica Naval
Air Station. Mr. Horton then discussed an agreement with Hertz Rent-A-Car in the amount of
$1,000,000. Mr. Horton presented the 2004 enplanement figures of 593,238 passengers for the
Key West International Airport. Attorney David Paul Horan addressed the Board. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Rice
directing Airport staff to prepare a letter for the Mayor's signature requesting that the Army
Corps of Engineers issue the Hangar Project permit for mitigation. Motion carried unanimously.
Growth Management Report - Growth Management Director, Tim McGarry reported to
the Board concerning a Memorandum of Understanding for the distribution of nutrient reduction
credits, and the City of Marathon's hotel ordinance. Mr. McGarry updated the Board concerning
the NAS Key West Air Installation Compatible Use Zone. Attorney David Paul Horan, President
of the Florida Keys Defense Alliance; and Jim Rhyne, representing the Marathon Hospitality
Association addressed the Board. County Attorney Richard Collins discussed Chapter 2004-230
enacted by the Florida Legislature.
PUBLIC HEARINGS
Growth Management Director, Tim McGarry addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Nelson to continue
the following Public Hearings to a Special Meeting of the Board on February 23, 2005 at 5:30
p.m. at the Harvey Government Center in Key West:
A request by the Lujan Limited Partnership for a Future Land Use Map Amendment from
Mixed Use Commercial (MC) to either Residential Low (RL) or Residential Medium (RM) and
from Residential Low (RL) to either Residential Medium (RM) or stay the same; and a Land Use
District Map Amendment from Suburban Commercial (SC) to either Improved Subdivision (IS)
or Suburban Residential (SR) and from Suburban Residential (SR) to either Improved Subdivision
(IS) or stay the same in accordance with Map 1 and Map 2 in the Notice of Public Hearing for
property described as Sections 25 and 26 Township 67, South Range 25 East, Key Haven
(Raccoon Key) and the Island known as the "Enchanted Island", Florida, approximate Mile
Marker 6.
A request by The Key Haven Estates, Ltd., a Florida Limited Partnership (KHE) for a
Development Agreement with Monroe County for portions of Key Haven located at the entrance
to Key Haven Subdivision and the island known as the "Enchanted Island" to develop forty-three
(43) residential dwelling units; 10,000 square feet of professional and neighborhood service
commercial floor area; accessory uses consisting of sewage treatment plant, storage, landscaping,
roads and utilities to serve the development; and dockage for the land locked residential units.
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Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
formally call a Special Meeting of the Board on February 23, 2005 at 5:30 p.m. at the Harvey
Government Center in Key West. Motion carried unanimously.
Planning Director, Marlene Conaway briefed the Board prior to the following Public
Hearings. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Neugent to hold two (2) additional meetings with a workshop and employ the law
firm of Freilich, Leitner & Carlisle to work with Staff and the Department of Community Affairs.
The Board then accepted public input with the following individuals addressing the Board:
George Wilson along with his stepdaughter Megan Mullen, Alicia Putney, and Joan Borel,
representing Last Stand.
A Public Hearing to consider a Resolution transmitting to the Department of Community
Affairs the request filed by the Planning and Environmental Resources Department amending the
Year 2010 Comprehensive Plan to delete requirements for an HEI, revise the open space, land
acquisition, management and GIS mapping requirement to implement Goal 105 of the 2010
Comprehensive Plan and the Tier System.
A Public Hearing to consider a Resolution transmitting to the Department of Community
Affairs the request filed by the Planning and Environmental Resources Department to amend the
Monroe County 2010 Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and
the Non-residential Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis
for the competitive point system; deleting, revising and adding policies, objectives and
requirements for the implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier
Overlay District.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to amend Environmental Regulations by deleting Sections
9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-339.2, 9.5-339.3, 9.5-340, 9.5-341, 9.5-342,
and 9.5-343 to eliminate requirements pertaining to the existing conditions map and habitat
evaluation index; creating new Section 9.5-336 to require an existing conditions report, including
vegetative survey as part of development approval; creating new Section 9.5-337 to enhance
protection of upland vegetation through grant of conservation easements, creating new Section
9.5-338 that incorporates existing open space requirements for wetlands; revising Section 9.5-347
to provide for maximum clearing limits of native upland vegetation based upon the tier system
designation of the subject property; providing for repeal of all Ordinances inconsistent herewith;
providing for incorporation in the Monroe County Code of Ordinances; directing the Planning and
Environmental Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the
Tier Overlay System by revising Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through
01/19/2005
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9.5-140 (Rate of Growth Ordinance(ROGO)) and revising Section 9.5-266 (Affordable and
Employee Housing); providing evaluation criteria, point system, and procedures utilizing the Tier
Overlay as the basis for the ROGO System; providing special evaluation criteria, point system,
and procedures for Big Pine and No Name Key based on Habitat Conservation Plan and Master
Plan for Big Pine and No Name Key; creating an appeal process for NROGO limiting Affordable
Housing Allocations to Tier II and III Areas; providing the authority to the Board of County
Commissioners to require a 99 year restrictive covenant for certain classes of Affordable and
Employee Housing; providing authority for an eligible governmental or non -governmental entity
to administer eligibility and compliance requirements of affordable housing regulations on behalf
of the Planning and Environmental Resources Department; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances;
directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the
Tier Overlay System by renumbering existing Section 9.5-256 to 9.5-271; creating a new Section
9.5-256 Tier Overlay District; providing criteria for designation of Tier Boundaries; providing a
mechanism for Tier Overlay District Map amendments; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances;
directing the Planning and Environmental Resources Department to transmit a copy of the
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to revise Sections 9.5-124 through 9.5-124.8 Non -Residential
Rate of Growth Ordinance (NROGO) of the Monroe County Land Development Regulations
utilizing the Tier Overlay as the basis for the Competitive Point System; providing for repeal of all
Ordinances inconsistent herewith; providing for incorporation in the Monroe County Code of
Ordinances; directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and providing for an effective
date.
A Public Hearing to consider an Ordinance adopting an amendment to the Monroe County
Land Use District Map to include a Tier Overlay Map District designation on all land in
unincorporated Monroe County in the Florida Keys between Key West and Ocean Reef and
designating boundaries for Tier I, Tier II and Tier III as required in Goal 105 of the 2010
Comprehensive Plan pursuant to the criteria in Section 9.5-256; providing for repeal of all
Ordinances inconsistent herewith; directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and providing for an effective date.
Roll call vote was unanimous.
PUBLIC WORKS
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy
01/19/2005
2005/19
granting approval to enter into negotiations to purchase property in Rockland Key for a Public
Works facility and record storage facility. Said description of property is incorporated herein by
reference. Motion carried unanimously.
GROWTH MANAGEMENT
The Board accepted the written Growth Management Litigation Report from the Law
Offices of Morgan & Hendrick prepared by Derek V. Howard, Esquire, dated January 10, 2005.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item requesting approval of a Resolution indicating
continued support for the use of historic bridges in the Keys for both fishing and
bicyclists/pedestrians, and promoting the installation of restroom and concessions facilities, and
the development of policies and regulations designed to reduce user conflicts. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the
following Resolution.
RESOLUTION NO. 023-2005
Said Resolution is incorporated herein by reference.
Commissioner Neugent discussed his item addressing a request from Bay Point residents
to research the use of existing septic tanks to be used as cisterns to collect rain water run-off for
irrigation purposes. Fran Wagner, representing Bay Point neighbors addressed the Board. No
official action was taken by the Board.
COUNTY ADMINISTRATOR
Mr. Willi reported to the Board on the following item: Status of upcoming improvements
to the county's website; BOCC agendas being electronically transmitted starting with the
February meeting; Commissioners receiving new laptops; and his presentation at the Key Largo
Chamber of Commerce on a number of issues.
Mr. Willi discussed his memorandum to the BOCC that outlines the County Administrator
Goals for Fiscal Year 2005.
Mr. Willi discussed the Citizens Information Guide to Monroe County which is a brochure
of helpful information.
COUNTY ATTORNEY
Mr. Collins distributed a draft proposed revision to the Monroe County Code. Assistant
County Bob Shillinger distributed the written January 2005, CAY litigation report. Mr. Shillinger
discussed the Galleon Bay litigation. After discussion, motion was made by Commissioner
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Nelson and seconded by Commissioner Rice authorizing the advance of $8,000 in arbitration
costs. Motion carried unanimously.
Mr. Shillinger discussed a request for direction on development at Geiger Key Marina as it
relates to PBP Marina, Inc. v. Monroe County, case no. CA K 02-561. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Nelson to conduct a second
hearing based on the Navy's changed position. 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
Isabel C. DeSantis, Deputy Clerk