05/18/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/97
Regular Meeting
Board of County Commissioners
Wednesday, May 18, 2005
Key Largo, Florida
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 9:00
A.M., at the Key Largo Library. 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 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 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 for
the County, Wayne Smith, Esq. and a certified court reporter to discuss the Monroe County v.
Post, Buckley, Schuh & Jernigan litigation.
The Board of County Commissioners convened with all Commissioners present.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
reopen the agenda in order to add to today's agenda, item U 8 concerning emergency approval of
an Ordinance correcting legal descriptions ofMSTU's created through Ordinance No. 38-2004
for Stock Island, Summerland/Cudjoe/Lower Sugarloaf, Big Pine, Conch KeylDuck Key, and
Layton/Long Key. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation proclaiming the week beginning on the 1st Sunday
in May as Youth week.
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Presentation of Mayor's Proclamation proclaiming May 2005 as Jury Appreciation Month.
Presentation of Award by the Florida Keys Council for People with Disabilities to Cheeca
Lodge, for outstanding service to people with disabilities.
Presentation of Years of Service Award for 15 years of service to Danny Powers,
Firefighter/EMT.
Presentation of Mayor's Proclamation proclaiming that Monroe County government will
take measures necessary to collaborate with other Stakeholders to develop and implement the
10-year plan to end homelessness, subject to the availability of resources.
Presentation of Mayor's Proclamation proclaiming June, 2005 as Metropolitan Community
Church Key West Month.
BULK APPROVALS
Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting
approval and authorizing execution of the following:
Board granted approval to advertise a Request for Proposals for Parking Lot Management
for the Key West International Airport
Board granted approval for Gardens of Eden to continue landscape maintenance at the
Key West International Airport on a month to month basis pending a renewal Agreement This
also includes a correction on the previous relevant BOCC action: approval of a Landscape
Maintenance Agreement with Gardens of Eden, dated March 17, ~ 2004.)
Board granted approval and authorized execution of Purchase/Service Order No.
04/05-14 between Monroe County and URS for Environmental Assessment for Proposed
Terminal at Key West International Airport.
Board granted approval and authorized execution of the following Resolutions for the
Transfer of Funds and for the Receipt of Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 136-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 137-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 138-2005
05/18/2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 139-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 140-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 141-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 142-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 143-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 144-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 145-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 128-2005 (OMB Schedule Item No. 11).
RESOLUTION NO. 146-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 147-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 148-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 149-2005
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 150-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 151-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 152-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Keys Physician-Hospital Alliance to amend wording under #3 - Utilization
Management and Quality Assurance to reflect change in procedure with regards to utilization and
large case management documentation retention.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Eagle Security, Inc. to increase the Contract in the amount of $4,088.80, and
to continue services on a month to month basis at the discretion of the Duck Key Security
Advisory Board until the RFP process is completed and a new Contract for services is entered
into.
Board granted approval and authorized execution of an Entry and Testing Agreement
between Monroe County and New Cingular Wireless PCS, LLC to allow access to the North Key
Largo Tower Site to conduct testing prior to negotiating an Agreement to Lease tower space.
Board granted approval of an Application for a Homeland Security Grant to enhance
security and communications in the Emergency Operation Center (EOC) and for Emergency
Management Operations, subject to clearance by the County Attorney of Pages 26 and 27,
concerning Equal Opportunity Certification.
Board granted approval to waive purchasing policies and procedures and issue a Purchase
Order to Commercial Laundry Equipment, Co., Inc. for $26,876 for two (2) new Industrial
Washers for the Monroe County Detention Center on Stock Island.
Board granted approval to trade in seven dump trucks and four road tractors and
Lease/Purchase four new Mack dump trucks and three new Mack road tractors through the
Florida Sheriff's Association and Association of Counties' contractor Nextran Truck Center for
the Road Department (Additionally, all seven proposed new trucks will be used for hurricane
clean up and other emergency situations, as needed).
Board granted approval and authorized execution of a Renewal of Lease Agreement
between Monroe County and F. James Chaplin d/b/a Island Marine, Inc. for office space in
Marathon for the State Attorney and Public Defender.
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Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the wastewater
treatment plant at the Roth Building.
Board granted approval and authorized execution of a Renewal of Management
Agreement between Monroe County and the Upper Keys Family YMCA for management of the
Key Largo Community Park in the amount of $42,701.53 per year.
Board granted approval to award bid and authorized execution of a Contract for
Professional Services between Monroe County and Currie Sowards Aguila Architects for
planning, design, contract documents, and construction administration services for the
construction of an Upper Keys Government Center.
Board granted approval and authorized execution of a Delivery Inspection and
Acceptance between Monroe County and Advanced Modular Structures, Inc. to lease a trailer for
one year to be used as temporary housing for fire crew at Tavernier Fire Station.
Board granted approval and authorized execution of Contract Amendment No. 1 between
Monroe County and William P. Horn Architect, P.A for Professional Services for the North Key
Largo Fire Station. The original budget for the North Key Largo Fire Station was $1.2 million,
based on this amount the ArchitectuallEngineering (NE) fee was $85,200. Now, the
construction cost has been established in the amount of $2,030,500 using this new amount the
NE fee changes to $138,074.
Board granted approval to award bid and authorized execution of a Standard Form of
Agreement between Monroe County and Overholt Construction Corporation for construction of
North Key Largo Fire Station #25, in the amount of$2,030,500.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator .
Board granted approval of a Purchase Order for MB l/K2M to perform
ArchitecturallEngineering Services for the Big Pine Key Community Park, in the amount of
$90,000.
Board granted approval and authorized execution of a Renewal Contract between Monroe
County and MB1/K2M Architecture for Monroe County projects not to exceed $1,000,000.
Board granted approval and authorized execution of Agreement No. OT050680 between
Monroe County and the South Florida Water Management District for new stormwater
improvement projects throughout the County, subject to review and approval by the County
Attorney.
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Board granted approval to modify the Roadway Improvement Plan for Old State Road 4A
as described in Supplemental Agreement for Road and Bridge Funds between Islamorada, Village
of Islands and Monroe County, dated July 18, 2001.
Board granted approval to pay Monroe County's portion ofliability as determined by the
US. Department of Labor (US DOL) as a result of the KPMG Independent Audit, in the amount
of$5,429.01.
Board granted approval to purchase the FY 2005 budgeted transportation bus by piggy
backing to the FDOT FVPP-03-SC-l Florida Procurement Program.
Board adopted the following Resolution urging the South Florida Workforce not to close
any of the three One-Stop Career Centers or reduce funding in Monroe County.
RESOLUTION NO. 153-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Class A Emergency Medical Services
Certificate of Public Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire
Department, Inc., d/b/a Ocean Reef Public Safety Department for the operation of an ALS
transport ambulance service for the period beginning June 1,2005 and ending May 31,2007.
Board granted approval to waive purchasing policies and procedures and issue a Purchase
Order in the amount of$52,366.00 to Florida Keys Electric, Inc. for the emergency replacement
of the automatic transfer switch at the Key West Courthouse.
Board granted approval and authorized execution of a Modification to Interlocal
Agreement for Reimbursement of Travel Costs for Governmental Liaison between Monroe
County and South Workforce Board, Inc. (SFWB) for Jim Malloch who serves on the SFWB and
on the South Florida Employment and Training Consortium (SFETC) representing Monroe
County Locally Elected Officials (LEO's) in all Workforce Investment Act (WIA) activities in
Miami for Region 23.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Contract for Public
Relations between Monroe County and Stuart Newman Associates, Inc., to exercise option to
extend Agreement for two additional years with a cost increase for services provided.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Marathon Hospitality Association, Inc. covering the Hibiscus Pedal
in Marathon on November 11-13,2005 in an amount not to exceed $14,000 DAC III, FY 2005
Event Resources.
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Board granted and authorized execution of an Amendment to Contract for Mail
Fullfillment between Monroe County and the The Market Share Company for an additional one
year period to coincide with the expiration of related contracts.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Islamorada Village of Islands for the Fishing Pier project
to extend Agreement until September 30,2006.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
to issue citations for violations for violations of the Monroe County Code for disposition in
County Court (Michael McCabe).
RESOLUTION NO. 154-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and Coastal Gunite Construction Company and the State of Florida Department of Environmental
Protection, Office of Greenways and Trails to perform construction services for the completion of
bridge repairs and upgrades at Big Coppitt Key and Saddlebunch Keys on the Florida Keys
Overseas Heritage Trail and approval of a request for the BOCC to waive contract policy that
venue be in Monroe County.
Board granted approval and authorized execution of Amendment 1 to Broadcast Services
Contract between Monroe County and Comcast to provide continuing media services in support
of public education concerning the No Discharge Zone in place within state waters of the Florida
Keys National Marine Sanctuary.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Greg and Laura Ganim, and Michael A Liscio, Permit No.
02-3-3248, for property described as Lots 1,2, & 3, Block 3 Unrecorded plat of Ocean a
subdivision, Monroe County Records, Monroe County, Florida, RE#00085400-000100,
00085440-000100.
Board granted approval and authorized executin of a Contract for Services between
Monroe County and Patricia McNeese to complete the Lignumvitae Key Submerged Land
Management area Boat Grounding Project
Board granted approval to utilize site mitigation funds ($294,708.08) appropriated by the
BOCC on 18 August 2004 to the Key Largo Wastewater Treatment District for any of the
potential restoration options approved by FEMA, including the restoration of historic elevations
on a site in North Key Largo.
Board adopted the following resolution amending Attachment 2 of Resolution No.
471-2003, committing funds to assist low and very low income households in the payment of
wastewater connection fees and in making necessary and related on-site improvements for project
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areas located in the Stock Island, Baypoint, Conch Key, and Key Largo (Key Largo Trailer
Village, Key Largo Park and Sunset Waterways) wastewater project areas.
RESOLUTION NO. 155-2005
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the following Request for Expenditures from the Law
Enforcement Trust Fund:
$5,000 "Sol Fest" Program - to fund the Summer Music Camp.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the Key Largo Community
Development Block Grant (CDBG) Sewer Connection Assistance Program Eligibility Lists and
recognition of the CDBG Program's conflict of interest requirement.
RESOLUTION NO. 156-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the waiver of certain SHIP Rental
Strategy Program requirements not permitted under existing United States Department of
Housing and Urban Development Contractual Agreements with the Housing Authority of the City
of Key West, Florida.
RESOLUTION NO. 157-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition of the late Wilhelmina Goehring
Harvey.
RESOLUTION NO. 158-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution in recognition of the late Nancy Ordway
Jameson.
RESOLUTION NO. 159-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution in recognition of the late Mario Sanchez.
RESOLUTION NO. 160-2005
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2005/1 05
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution beseeching the Florida Department of
Transportation to eliminate most if not all of the dynamic message sign structures by using
roadside signs with flashing lights to be activated only as need and to reduce overall the signs on
US Highway 1 in the Florida Keys.
RESOLUTION NO. 161-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution supporting the concept of a 10-year plan to end
homelessness.
RESOLUTION NO. 162-2005
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
regular meetings of March 16 & 17,2005 and special meetings of March 10, 2005 and April 2,
2005 (previously distributed).
Board granted approval of the following Warrants (111982-112945 & 208188-208277):
General Fund (001), in the amount of$2,978,189.82; Fine & Forfeiture Fund (101), in the
amount of $2,964,943.65; Road and Bridge Fund (102), in the amount of $47,263.74; TDC
District Two Penny (115), in the amount of $364,861. 10; TDC Admin. & Promo 2 Cent
(116), in the amount of $949,609.34; TDC District 1,3 Cent (117), in the amount of
$57,701.55; TDC District 2, 3 Cent (118), in the amount of$18,075.62; TDC District 3, 3
Cent (119), in the amount of$22,266.96; TDC District 4, 3 Cent (120), in the amount of
$96,798.67; TDC District 5, 3 Cent (121), in the amount of$77,192.86; Gov. Fund Type
Grants (125), in the amount of$397,268.41; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$54,038.90; Upper Keys Health Care (144), in the amount of$430.59; Fire & Amb
Dist 6 Key Largo (146), in the amount of $68,834.46; Uninc Svc Dist Parks & Rec (147), in
the amount of $57,549.20; Plan, Build, Zoning (148), in the amount of$47,109.65; Municipal
Policing (149), in the amount of $479, 176.78; 911 Enhancement Fee (150), in the amount of
$31,391.09; Duck Key Security (152), in the amount of$1,430.89; Local Housing Assistance
(153), in the amount of$118,208.11; Boating Improvement Fund (157), in the amount of
$49,800.00; Misc. Special Revenue Fund (158), in the amount of$74,811.55; Environmental
Restoration (160), in the amount of $442.80; Law Enforcement Trust (162), in the amount of
$15,116.44; Marathon Municipal Service (166), in the amount of$2,543.26; Conch Key
Wastewater MSTU (167), in the amount of$37.07; Bay Point Wastewater MSTU (168), in
the amount of$103.75; Key Largo Wastewater MSTU (170), in the amount of$1,855.41; 1
Cent Infra Surtax (304), in the amount of$1,204,572.68; Clerk's Rev Note, Capital (306), in
the amount of$16,384.87; 2003 Revenue Bonds (307), in the amount of $20,770.32; Card
Sound Bridge (401), in the amount of$2,856.47; Marathon Airport (403), in the amount of
$14,752.55; Key West IntI. Airport (404), in the amount of$1,101,716.06; MSD Solid Waste
(414), in the amount of$767,948.59; Worker's Compensation (501), in the amount of
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$8,723.75; Group Insurance Fund (502), in the amount of$142,689.92; Risk Management
Fund (503), in the amount of$211,017.68; Fleet Management Fund (504), in the amount of
$79,055.31.
Board granted approval of Tourist Development Council Expenditures for the month of
April, 2005: Advertising, in the amount of $1, 105,407.23; Bricks & Mortar Projects, in the
amount of $89,092.24; Visitor Information Services, in the amount of$64,583.32; Events, in the
amount of$82,650.14; Office Supplies & Oper Costs, in the amount of$37, 104.87; Personal
Services, in the amount of $12,257.24; Public Relations, in the amount of$67,585.97; Sales &
Marketing, in the amount of$64,688.19; Telephone & Utilities, in the amount of $7,105.42;
Travel, in the amount of $11,981.41.
Board granted approval to advertise equipment for bid and approval to remove surplus
equipment from inventory via disposaL Said list is incorporated herein by reference.
Board granted approval of a request for an extension for filing of the Clerk of Court's
non-court related budgets for Fiscal Year 2005-2006 to July 1, 2005.
COUNTY ADMINISTRATOR
Board confirmed the County Administrator's selection of Debbie Frederick to fill one of
two Deputy County Administrator (DCA) positions and granted approval of the positions job
description.
Board adopted the following Resolution authorizing the temporary closing of the
northbound lanes of US 1 from MM98.2 to MMI00 from 10:00 a.m. to 11 :30 a.m. on the 4th of
July, 2005.
RESOLUTION NO. 163-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution supporting the Monroe County Southernmost
Homeless Assistance League (SHAL) in its efforts to bring additional U.S. Department of
Housing and Urban Development (RUD) Funds to Monroe County to be used to assist homeless
persons and families residing in Monroe County; acknowledging RUD's meeting with the SHAL
Coalition in Washington D.C. to address the adverse effect that RUD's pro-rata need (PRN) and
budget cuts will have on the Monroe County homeless population and urging RUD to provide the
written methodology for the funding formula to SHAL for the benefit of the Monroe County
homeless population; providing for transmittal of copies of the Resolution.
RESOLUTION NO. 164-2005
Said Resolution is incorporated herein by reference.
Board granted approval to negotiate with providers of Purchasing Cards to enter into an
Agreement and waive RFP process for same.
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COUNTY ATTORNEY
Board granted approval of payment to BellSouth in the amount of $47,645 for 911 service
invoices from Fiscal Year 2003.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the City of Marathon to continue to provide the services of County
Contractors Examining Board to Marathon through September 30,2007.
Board granted approval to execute Page 2 of the First Amendment to Professional
Services Contract between Monroe County and Thomas Wright, which was approved at the April
20,2005 meeting. Page 2 of the Contract failed to scan and was inadvertently omitted from the
agenda item back-up documentation provided to the Board.
Board granted approval and authorized execution of an Addendum to Lease Agreement
Revision of Leased Area between Monroe County and the Department of Transportation (DOT)
for sublease to Islamorada Chamber of Commerce and of Disclaimer in expired DOT lease for
same property.
Board granted approval and authorized execution of Contract No. CAY -RE-2005-04-02
for Property Appraisal Report between Monroe County and Callaway & Price, Inc. for real
property located at 98970 Overseas Highway, Key Largo, Florida. This property is proposed to
be purchased for use by Habitat for Humanity of the Upper Keys.
Board granted approval and authorized execution of Contract No. CAY-RE-2005-04-01
for Property Appraisal Report between Monroe County and Quinlivan Appraisal, P.A for real
property located at 98970 Overseas Highway, Key Largo, Florida. This property is proposed to
be purchased for use by Habitat for Humanity of the Upper Keys.
Board granted approval and authorized execution of an Agreement for Sale and Purchase
between Monroe County and Gregory and Diana Pardo for real property located at 98970
Overseas Highway, Key Largo, Florida. This property is proposed to be purchased for use by
Habitat for Humanity of the Upper Keys.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Jeff A Reagan, representing Keys Insurance and Mike Conway, representing Benefits
Cost Consultants made a presentation before the Board concerning a Health CAP Benefits Plan
which is a medical reimbursement plan. Administrative Services Director, Sheila Barker
addressed the Board. After discussion, staff was directed to review the information and return to
the Board with a thorough evaluation for a recommendation at its June BOCC meeting.
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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 of Attachment D to Contract between Monroe County and the Guidance Clinic
of the Middle Keys, Inc. which concerns subcontracting of Baker and Marchman Act
transportation to Elanjess Corporation. Motion carried unanimously, with Commissioner Rice
abstaining.
Public Safety Director, Reggie Paros addressed the Board. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner Rice granting approval to apply
and for the Mayor to sign a Joint Hazard Mitigation Grant Program and Flood Mitigation
Assistance Application to the Florida Department of Community Affairs for a Hazard Mitigation
Grant FY 2005 in the amount of $4,500,000.00, to relocate, design and construct a permanent
and dedicated Emergency Operations Center (EOC). Motion carried unanimously.
Community Services Director, Jim Malloch addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting
approval to award bid and authorizing execution of a Contract between Monroe County and
Stand Up for Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters in
the amount of$248,598.00 per year. Motion carried unanimously.
Mr. Malloch addressed the Board. The following public speakers addressed the Board:
Theresa Foley, Joan Tukey, Thomas Tukey, Jan Isherwood, representing CAT Kind, Inc. and
Friends of Animals; Gwen Hawtof, President - Florida Keys SPCA; Connie Christian, and Carol
Colburn. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson granting approval to award bid and authorizing execution of a Contract
between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals,
Inc. for operation of the Key West Animal Shelter in the amount of$365,625 per year for a
period of five (5) years; and adoption of the following Resolution concerning the Transfer of
Funds (to fund Contract through the end of Fiscal Year). Motion carried unanimously.
RESOLUTION NO. 165-2005
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
An announcement was made concerning one vacant position on the Tourist Development
Council District I Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Growth Management Report - Growth Management Director, Tim McGarry discussed
yesterday's Public Hearings and indicated that No Name Key and Big Pine Key are not part of the
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removal of Tier II from the Tier System, they will continue to have 3 Tiers. Mr. McGarry also
informed the Board that the Fish & Wildlife Service will be publishing the Habitat Conservation
Plan (HCP).
DIVISION OF PUBLIC SAFETY
Mr. Paros discussed approval of funding in an amount not to exceed $184,000 for an
Enhanced Hurricane Protection Area (EHP A) Upgrade Cost at new Poinciana Elementary School
in Key West. Eric 1. Pelinsky, Project Manager - Heery International, Inc., addressed the Board.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner
McCoy granting approval of funding in an amount not to exceed $184,000 $200.000 for the
Enhanced Hurricane Protection Area (EHP A) Upgrade Cost at the schooL Motion carried
unanimously.
STAFF REPORTS
Engineering Report - County Engineer, Dave Koppel reported to the Board on the status
of the following items: Key Largo Fire Station - a bid has been awarded; Tavernier Fire Station -
agreement was approved today (Advanced Modular Structures, Inc.) for lease ofa trailer for
temporary housing of the fire crew during renovations; Key Largo Skate Park - the YMCA has
agreed in concept to manage the park; Card Sound Road/C-905 - part of DOT's project to
provide better information to the motoring public via dynamic message signs and cameras are
being installed on Monroe County's portion of Card Sound Road; Card Sound Road - proposed
rehabilitation work on 5 bridges along Card Sound Road, is in the development phase; Quay
Property - furniture is being moved out of the building to other county facilities, demolition is
scheduled to begin within the next couple of weeks, contract was approved today (Currie
Sowards Aguila Architects for planning, design, contract documents, and construction
administration services for the construction of an Upper Keys Government Center); Mariner's
Park - the Army Corps of Engineers are requesting a water quality study; Big Pine Key Fire
Station - plans are being reviewed with the architect and are 95% complete, also work is being
done with the state on the land transfer.
DIVISION OF MANAGEMENT SERVICES
Mrs. Barker discussed participation in a Career Education program through Monroe
County Schools for a two-year pre-apprenticeship program. Motion was made by Commissioner
Rice and seconded by Commissioner Nelson granting approval of the item. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item conc~rning limits of enclosures on residential
properties to meet FEMA requirements. David Ritz, President ofthe Ocean Reef Home Owner's
Association and Mr. McGarry addressed the Board. After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner McCoy requesting Staff to bring back to
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the Board at the Marathon meeting, verbage, background and a determination from FEMA for
consideration. Mr. McGarry was also requested to work with Commissioner McCoy on this
matter. Motion carried unanimously.
WASTEWATER ISSUES
Commissioner McCoy, the Board's liaison on wastewater issues, postponed his report to a
later date.
The Board discussed approval to request that Florida Keys Aqueduct Authority transfer
wastewater to Monroe County the jurisdiction for projects south of the 7-Mile Bridge to, but not
including, the areas currently served by KW Resort Utilities Corp. and Key Haven Utility
Corporation. Tom Willi, County Administrator addressed the Board. The following speakers
addressed the Board: Don Riggs, representing M-1 0 Coalition, and Andrew Tobin. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent
to adopt the following Resolution, and request that Staff send a letter to the Florida Keys
Aqueduct Authority requesting their response to this item by the June BOCC meeting in
Marathon for discussion. Roll call vote was taken with the following results:
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
Commissioner Nelson
Mayor Spehar
Yes
Yes
No
Yes
Yes
Motion carried.
RESOLUTION NO. 166-2005
Said Resolution is incorporated herein by reference.
The Board discussed approval of a Resolution committing to assist the Key Largo
Wastewater Treatment District (K.L WWTD) in the financing of a regional wastewater system.
Mr. Willi addressed the Board and recommended wording be deleted from Page 2, Section 2, as
follows: or loans, in any eombination. The following speakers addressed the Board: Charles
Brooks, Chairman of the Key Largo Wastewater Treatment District; Burke Cannon,
Vice-President of the Key Largo Federation of Home Owners Association; and Dick Lancaster,
representing Hammer Point Association. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Rice to adopt the following Resolution, as revised. Roll
call vote was unanimous.
RESOLUTION NO. 167-2005
Said Resolution is incorporated herein by reference.
The County Administrator presented a detailed explanation of his Municipal Assessment
Proposal, to pay for wastewater and how it would apply to hookup costs in the future as opposed
to the present way of doing so.
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COUNTY ADMINISTRATOR
The County Administrator introduced Debbie Frederick as his new Deputy County
Administrator who was confirmed today by the Board.
COUNTY ATTORNEY
Motion was made by Commissioner McCoy and seconded by Commissioner Rice to
reopen the agenda in order to add the following to Agenda item S 1 0: Addendum to Agreement
for Sale and Purchase between Monroe County and Gregory and Diana Pardo for real property
located at 98970 Overseas Highway, Key Largo, Florida. Motion carried unanimously. Motion
was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval
and authorizing execution of the Addendum to Agreement Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of Sea Lane, Geiger Key,
Monroe County, Florida. There was no public input After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution, as
corrected to: Resolution renouncing and disclaiming any right of the County and the public in and
to a portion of Sea Lane, Geiger Key, Tarpon Street. and an access driveway to Lot 28. as
shown in Plat Book 1. page 103 of the Public Records Monroe County, Florida. Motion carried
unanimously.
RESOLUTION NO. 168-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the request for
Administrative Relief made by Miles Teach on the lot described as Lot 27, Block 2, Harris Ocean
Park Estates, Key Largo, Real Estate Number 00447410.000000. The recommended reliefis in
the form of a dwelling unit allocation award. There was no public input Motion was made by
Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 169-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the request for
Administrative Relief made by Juan and Carlos Escar on the lot described as Lot 7, Block 8,
Winston Waterways NO.2 Subdivision, Key Largo, Real Estate Number 00547211.002500. The
recommended relief is in the form of a dwelling unit allocation award. There was no public input
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the
following Resolution. Motion carried unanimously.
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RESOLUTION NO. 170-2005
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
Mr. Willi addressed the Board. Motion was made by Commissioner Rice and seconded by
Commissioner McCoy to adopt the following Resolution with respect to reimbursement of certain
costs relating to the acquisition, construction and equipping of various wastewater facilities within
the County. Motion carried unanimously.
RESOLUTION NO. 171-2005
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
John Stewart, Chairman of the Key Largo Chamber of Commerce and representing the
Island of Key Largo Federation of Homeowner's Association; Key Largo Rotary Club; Habitat for
Humanity Board; and Business of Professional Women's Association made a presentation
concerning the purchase of potential park properties with waterfront access. Mr. Willi addressed
the Board. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson directing the Tourist Development Council, after checking the legality, to
carve out $1,000,000 a year which can be bonded to acquire the parcel of property located at
98990 Overseas Highway. Richard Collins, County Attorney addressed the Board. After
consideration, the item was referred to Staff for further review.
W ASTEW A TER ISSUES
The Clerk requested clarification to Section 1 for the above Resolution No. 171-2005.
The motion was amended by the maker with the second accepting to read as follows: Sentence 3,
It is reasonably expected that reimbursement of such costs and expenditures shall come from the
issuance of tax-exempt debt which is not expected to exceed $50.000.000 aggregate principal
amount Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed a trip to Tallahassee to ascertain date of rule challenge
determination, funding of $20 million to match $10 million bond money, and to discuss ways the
State of Florida can assist Monroe County to meet their workforce housing needs.
Commissioner Nelson discussed approval of a (Special Counsel Retainer Agreement) to
hire the Seibert Law Firm of Tallahassee, Florida to represent Monroe County at the state and
local level to further the ability of the county to create workforce housing units. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent authorizing
Staff to enter an agreement with the Seibert Law Firm. Motion carried unanimously.
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Commissioner Nelson, as the Workforce Housing liaison, discussed creation of a
Workforce Committee to work in conjunction with Mr. Seibert and his team to be comprised of
five (5) commissioner appointments, Commissioner Nelson as the Chair, County Administrator
Tom Willi, and three (3) at large members appointed by the Chair from the Upper, Middle and
Lower Keys. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner McCoy granting approval of the creation of the committee. Motion carried
unanimously.
DIVISION OF ENGINEERING
Dave Koppel, County Engineer introduced Larry Chalmers, Director of Planning &
Construction and Jerry Barnett. Mr. Koppel and Mr. Chalmers then made a presentation of a
Development Program for the Upper Keys Government Center. The following public speaker
addressed the Board: Burke Cannon. Commissioner Rice excused himself from the meeting.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner
McCoy granting approval of the Development Program. Motion carried unanimously, with
Commissioner Rice not present.
COMMISSIONERS' ITEMS
The above Development Program touched on Commissioner Nelson's agenda item of the
progress being made on the demolition and bid for the Government Center located on the Quay
property, Key Largo.
Commissioner Rice returned to the meeting and took his seat.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson
accepting the written Growth Management Litigation Report including the add ons, dated May
10,2005 from Derek V. Howard, Esq. of the firm Morgan & Hendrick. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Mr. Willi discussed the submission of a written staff report outlining research relative to
the use of water saving plumbing fixtures in new residential construction and the construction and
renovation of government facilities. No official action was taken by the Board.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item requesting approval to name the new terminal at the
Key West International Airport for Charles "Sonny" McCoy and Merili Hilton McCoy. The
building will generically be referred to as the "McCoy Terminal Complex". After discussion,
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motion was made by Commissioner Rice and seconded by Commissioner Neugent approving the
item. Roll call vote was unanimous.
COUNTY ATTORNEY
Mr. Collins discussed sale oflots on Cudjoe Key by the County, described as Lots 2
and 3 of Block 23, Cudjoe Gardens Eighth Addition, Cudjoe Key, Monroe County, Florida.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner
McCoy granting approval for the sale of the property. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance repealing BOCC
Ordinance No. 011-2004 and amending the Monroe County Land Development Regulations by
creating Sec. 9.5-21(i) authorizing Monroe County Board of County Commissioners to establish
by Resolution, fees to be charged by the Monroe County Growth Management Division for land
development applications, permits, approvals, and appeals, amending Sections 9.5-491(a), Fair
Share Transportation Impact Fee; 9.5-492(c), Fair Share Community Park Impact Fee; Section
9.5-493(c), Fair Share Library Impact Fee 9.5-494(b), Fair Share Solid Waste Impact Fee;
9.5-495(b), Fair Share Police Facilities Impact Fee; and Section 9.5-522 filing fees for map
petitions and administrative appeals which do not reflect the present impact fees and filing fees
adopted by more recent resolutions of the Monroe County Board of County Commissioners;
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 Nelson and seconded by Commissioner Rice to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 008-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider approving a request filed by the Planning and
Environmental Resources Department to amend the Monroe County Land Development
Regulations; Section 9.5-269 concerning nonresidential open space requirements; Providing for
repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and directing the Planning Director to forward a certified copy of
this Ordinance to the Florida Department of Community Affairs and providing for an effective
date. There was no public input Motion was made by Commissioner Rice and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 009-2005
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 filed by the Planning and Environmental Resources
Department to amend the Monroe County Year 2010 Comprehensive Plan, Policy 216.1.8
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2005/115
concerning a staged/phased evacuation in the event of a pending major hurricane Category (3-5).
Marlene Conaway, Planning Director and Tim McGarry, Growth Management Director addressed
the Board. The Board accepted public input with the following speakers addressing the Board:
Dennis Henize, representing Last Stand; Kathryn Wheeler, representing the Big Pine Key Civic
Association; Debra Harrison, representing the World Wildlife Fund; Joan Borel, John
Hammerstrom, representing the Florida Keys Citizens Coalition; H. T. Pontin, and Robbie
Reckwerdt, representing Robbie's Marina. Letters from Alicia Putney and Karen Woody were
entered into the official record. After discussion, motion was made Commissioner Nelson and
seconded by Commissioner McCoy to adopt the following Resolution, and the written
Memorandum dated May 16, 2005 from K. Marlene Conaway, Senior Director of Planning,
indicating a plan amendment to Policy 216.1.8 (memorandum is incorporated herein by
reference). Roll call vote was taken with the following results:
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
Commissioner Nelson
Mayor Spehar
Yes
No
Yes
Yes
Yes
Motion carried.
RESOLUTION NO. 172-2005
Said Resolution is incorporated herein by reference.
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
an Interim Development Ordinance for the Tavernier Historic District Overlay; Establishing the
boundaries thereof; Deferring the acceptance of development applications until design standards
and guidelines are adopted; Providing for exemptions; Providing for an effective date; Providing
for transmittal to the Department of Community Affairs (DCA); Providing for expiration within
six months after the effective date of the Livable CommuniKeys Master Plan for Tavernier Creek
to mile marker 97 or adoption of design standards and guidelines, whichever comes first Marlene
Conaway, Planning Director addressed the Board. The Board accepted public input with the
following speakers addressing the Board: Mark Harlan, Pat Ketchum, and Mark Page. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to
include the following revisions in the proposed Ordinance for the next Public Hearing and Editing
Change as indicated in the Memorandum dated May 13, 2005 from K. Marlene
Conaway, Director, Planning and Environmental Resources, with an editing change to the IDO,
Tavernier Historic District Overlay, Section 9 (memorandum is incorporated herein by reference).
Page 3 of6
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater. 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this Ordinance,
which shall remain in full force and effect until the expiration of this legislation. September 1.
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2005 withiH six months of the effcctive date of the Livable CoffiffltlntKeys Master Phm TfJ:Vermer
Creek to Mile Marker 97 or whenever the land development regulations and design standards and
guidelines become effective, whichever comes first.
Page 3 of6
Section 4.
The following are exempt from this ordinance:
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or existing
structures that are not historically designated, subject to review and approval of building
design by the Planning Commission, based on the draft architectural design standards and
design guidelines prepared for the county by HDR consultants.
Page 5 of6
Section 16. This Ordinance shall stand repealed as of September 1. 2005 or upon the adoption
of design standards and design guidelines for the Tavernier Creek Historic District, or six months
after the effccti"/e date of thc Livable ComffiUHiKC'~ s Ma3ter PlaH Ta"v'cmicr Creek Creek to Mile
Marker 97, which ever comes first, unless repealed sooner or extended pursuant to the terms set
forth herein.
Motion carried unanimously.
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
an Interim Development Ordinance for the U.S. Highway 1 Corridor between Tavernier Creek
and Mile Marker 97; Establishing the boundaries thereof; Deferring the acceptance of
development applications until design standards and guidelines are adopted; Providing for
exemptions; Providing for an effective date; Providing for transmittal to the Department of
Community Affairs (DCA); Providing for expiration within six months after the effective date of
the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or upon adoption of
design standards and design guidelines, whichever comes first. Marlene Conaway, Planning
Director addressed the Board. The Board accepted public input with the following public speaker
addressing the Board: David A Goodrich. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Nelson to include the following revisions in the proposed
Ordinance for the next Public Hearing and Editing Change as indicated in the Memorandum
dated May 17, 2005 from K. Marlene Conaway, Director, Planning and Environmental
Resources, with an editing change to the IDO, U.S. Highway 1 Corridor Tavernier Creek to MM
97 including the Community Center, Section 10 (memorandum is incorporated herein by
reference).
Page 3 of6
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater. 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this Ordinance,
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which shall remain in force and effect until the expiration of this legislation. September 1. 2005
-vvithiH six mOliths of the effcetive date of the Livable COffiffiunlKeys Master Phm Tavernicr Creek
to J.tiile MM"ker 97 or whenever the land development regulations and design standards and
guidelines become effective, whichever comes first.
Page 3 of6
Section 4.
The following are exempt from this ordinance:
1.
Public buildings as defined in Section 9.5-4 (P-18) of the Code, and
redevelopment of existing structures subject to review and approval of
building design by the Planning Commission, based on the draft
architectural design standards and design guidelines prepared for the
county by HDR consultants.
Page 5 of6
Section 17. This Ordinance shall stand repealed as of September 1. 2005 or upon the adoption
of design standards and design guidelines for the US. Highway 1 Corridor between Tavernier
Creek and Mile Marker 97 including the Community Center or six moHths after the effectivc datc
of the Livable ComffitlmKeys Master Phm Tavcrnicr Creck to J.tiile Marker 97, which ever comes
first, unless repealed sooner or extended pursuant to the terms set forth herein.
Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance adopting an Interim
Development Ordinance deferring the acceptance and processing of development applications and
the issuance of development approvals for the redevelopment ftftd or conversion of five units or
more of multifamily rental housing and/or mobile home parks until Land Development
Regulations and Comprehensive Plan Amendments are drafted; Providing for exemptions;
Providing for transmittal to Florida Department of Community Affairs (DCA); and providing for
expiration within 120 365- days of the effective date of the Ordinance or when the amendments
become effective, whichever comes first. Marlene Conaway, Planning Director and Tim
McGarry, Growth Management Director addressed the Board. The Board accepted public input
with the following speakers addressing the Board: Angel M. Moran, representing Orlando
Gonzalez; Robbie Reckwerdt, representing Robbie's Marina; Sam Holland, and W. Thomas
Grimm, representing Ocean Sunrise, LLC. Richard Collins, County Attorney addressed the
Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Nelson to include the following revisions for the next Public Hearing and
Changes as indicated in the Memorandum dated May 13, 2005 from K. Marlene Conaway,
Director of Planning and Environmental Resources, with updated status since BOCC packet for
5/18/05, Sections 4 and 10 (memorandum is incorporated herein by reference).
Change the number of units of a project that would be included in the IDO from 5 to 10
units and that amendments to the land use district map from URM and URM-L land use
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designations shall not be approved. Due to the substantive nature of the revisions, the Ordinance
must go back to a first public hearing (two (2) additional hearings will be held for this item).
Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance adopting an Interim
Development Ordinance deferring the acceptance of development applications for the
redevelopment and conversion of marine facilities including commercial marinas and the working
waterfront until Land Development Regulations and Comprehensive Plan Amendments are
drafted; Providing for exemptions; Providing for transmittal to Florida Department of Community
Affairs (DCA); and providing for expiration within 365 days of the effective date of the
Ordinance or when the amendments become effective, whichever comes first. Marlene Conaway,
Planning Director addressed the Board concerning her memorandum dated May 13,2005
regarding IDO-Working Waterfronts - Updated Status since BOCC packet for 5/18/05
(memorandum is incorporated herein by reference). The Board accepted public input with the
following speakers addressing the Board: Mark Alhadett, Butch Schutt, representing Robbie's
Marina; and Robbie Reckwerdt, representing Robbie's Marina. After discussion, the item was
continued to the June meeting.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice declaring
that an emergency exists and waiving notice by a four-fifths vote concerning an emergency
Ordinance amending Chapter 15.5, Monroe County Code, in order to provide revised legal
descriptions of Municipal Service Taxing Units set forth in Ordinance No. 038-2004 for Stock
Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, and Conch Key/Duck Key; Providing for
severability herewith; Providing for the repeal of all Ordinances inconsistent herewith; Providing
for incorporation into the Monroe County Code of Ordinances; and providing an effective date.
Motion carried unanimously. County Attorney, Richard Collins addressed the Board. Motion
was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 010-2005
Said Resolution is incorporated herein by reference.
Mayor Spehar inquired why the Development Applications for Hobo's Restaurant and
Robbie's Marina were not being considered as full applications. Ms. Conaway addressed the
Board. After discussion, Mayor Spehar requested Staff to check the application for Hobo's
Restaurant and to accept Robbie Reckwerdt's application as a working application.
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
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2005/119
.lLJH~(' ~~
Isabel C. DeSantis, Deputy Clerk