07/20/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/148
Regular Meeting
Board of County Commissioners
Wednesday, July 20, 2005
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened on
the above date at 9:00 AM., 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 25 years of service to Lisa Druckemiller,
Telecommunication Administrator, Technical Services.
Presentation of Years of Service Award for 25 years of service to lody P. Diezel,
Supervisor, Road Department, Public Works Division.
Presentation of Years of Service Award for 15 years of service to Cee Roth, Technician,
Technical Services Department.
Presentation of Years of Service Award for 15 years of service to Miguel Carbonell,
Coordinator, Parks & Recreation, Facilities Maintenance Department, Public Works Division.
Presentation of Years of Service Award for 15 years of service to Valerie Moore,
Business Manager, Library, Community Services.
Presentation of Years of Service Award for 15 years of service to Suzanne Hutton,
Assistant County Attorney II: Senior Legal Advisor.
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Presentation of Years of Service Award for 15 years from Tanya Carbonell, Coordinator,
Human Resources, Management Services Division.
Presentation of Employee of the Month Award for February 2005, to Ms. Cristina
Lindley, Extension Special Projects, UF/MC Extension Service.
Presentation of National Association of Counties (NACO) 2004 Achievement Awards.
Presentation of Mayor's Proclamation designating the week of July 24th - 30th, 2005 as
Reef Awareness Week.
Presentation of Mayor's Proclamation declaring August 12th - 14th, 2005 as Hillsborough
Pride in Exile Days in Key West.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval and authorizing execution of the following:
Board granted approval to advertise a budget amendment for Fund 504 Fleet Management
Fund.
Board granted approval to award Public Works surplus equipment as described in Recap
of Bid Opening (Items 3, 4, 5, 6, 7, and 8). Said list is incorporated herein by reference.
Board granted approval to purchase materials and equipment to provide stand alone
emergency generator systems at six (6) Monroe County Schools identified as Category 1 & 2
Hurricane Shelters.
Board granted approval and authorized execution of a Consent to Assignment of Lease
between Monroe County, Meghan Cole d/b/a Yoga By The Sea, Assignor, and Nancy Curran,
d/b/a Yoga On The Beach, Assignee, to license the use of the platform at Higgs Beach, Key West,
Florida.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Sub Zero, Inc. for the central air conditioning maintenance and repair for the
Lower Keys Facilities.
Board granted approval and authorized execution of a Landscape Maintenance Extension
Agreement between Monroe County and Gardens of Eden for landscape maintenance at the Key
West International Airport.
Board granted approval and authorized execution of a Janitorial Services Renewal
Agreement between Monroe County and Judy Bobick for Janitorial Services at the Key West
International Airport.
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Board granted approval and authorized execution of Purchase/Service Order No.
04/05-19 between Monroe County and URS to provide Resident Inspection for the Hangar
Development Project at the Key West International Airport.
Board granted approval for the Mayor to sign the Avigation Easements for the Noise
Insulation Program for the Key West International Airport. Each phase of the NIP has 50 to 60
homeowners participating. The Avigation Easement is one of the require documents for each
participating homeowner. The Mayor will execute as the easements are completed by each
homeowner.
Board granted approval of a ratification of Contract No. KG052 Community Care for
Disabled Adults (CCDA) between the State of Florida, Department of Children & Families and
the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home
Services Program) due to page 6 of said Contract being omitted from review at the June 15, 2005
meeting. This Contract is for Fiscal Year July 1, 2005 through June 30, 2006.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the South Florida Workforce Board, Inc. for reimbursement of travel cost
for the governmental liaison to travel to Miami for meetings.
Board granted approval to award Social Services surplus equipment item number 1 to
Timm Webster for $4,800.00.
Board adopted the following Resolution supporting United States Representative Ileana
Ros-Lehtinen's House Bill 2900 and urging the United States Senators to introduce a Companion
Bill.
RESOLUTION NO. 264-2005
Said Resolution is incorporated herein by reference.
Board granted approval to waive the purchasing policy requirement for two quotes for
Lease of Extension Service office space in the Damaron Building in Key Largo.
Board adopted the following Resolution authorizing the submission of the Consolidated
Solid Waste Management Grant Application to the Florida Department of Environmental
Protection for Fiscal Year 2006.
RESOLUTION NO. 265-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution adopting the tentative Residential Solid Waste
Collection, Disposal and Recycling Rates for the Fiscal Year 2005-2006.
RESOLUTION NO. 266-2005
Said Resolution is incorporated herein by reference.
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Board adopted the following Resolution establishing the tentative per month Solid Waste
Collection, Disposal, and Recycling Service Rates for Commercial Property in the various Solid
Waste Collection Franchise Areas.
RESOLUTION NO. 267-2005
Said Resolution is incorporated herein by reference.
Board granted approval to advertise public hearings concerning the annual non-ad valorem
assessment for the collection, disposal, and recycling of residential solid waste; and the
establishment of collection, disposal, and recycling rates for commercial waste stream generators.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Michael D. Hunter, M.D., P.A., Medical Examiner, District Sixteen,
effective August 1,2005, through July 31,2008.
Board granted approval to accept bid for sale of surplus property from South Florida Sod,
Inc., for one (1) Refrigerator Mobile Mortuary, County ill No. 1300-046, in the amount of
$1,000.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator. There were no change orders considered and approved by the County
Administrator for the period 05/31/05 - 07/05/05.
Board granted approval and authorized execution of the Monroe County Art in Public
Places Award Agreement between Monroe County and Terry Thommes for artwork in the
Freeman Justice Building.
Board granted approval and authorized execution of the Monroe County Art in Public
Places Award Agreement between Monroe County and Images in Concrete for artwork in the
Freeman Justice Building.
Board granted approval and authorized execution of the Monroe County Art in Public
Places Award Agreement between Monroe County and Keith Oliver for artwork in the Freeman
Justice Building.
Board adopted the following Resolutions concerning Transfer of Funds and Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 216-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 217-2005
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 218-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 219-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 220-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 201-2005 (OMB Schedule Item No.6).
RESOLUTION NO. 221-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 222-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 223-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 224-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 225-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 226-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 227-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 228-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
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RESOLUTION NO. 229-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 230-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 231-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 232-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 233-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 234-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 235-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 236-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 237-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 238-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 239-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 240-2005
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07/20/2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 241-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 242-2005
Transfer of Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 243-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 173-2005 (OMB Schedule Item No. 29).
RESOLUTION NO. 244-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 199-2005 (OMB Schedule Item No. 30).
RESOLUTION NO. 245-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 192-2005 (OMB Schedule Item No. 31).
RESOLUTION NO. 246-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 247-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 248-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 34).
RESOLUTION NO. 249-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 250-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 251-2005
Said Resolution is incorporated herein by reference.
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2005/155
Board granted approval to amend the adopted Fiscal Year 2005's Capital Plan funding
allocations for Funds 304 and 307, and adopted the following Resolution concerning the Transfer
of Funds (within said plan).
RESOLUTION NO. 252-2005
Said Resolution is incorporated herein by reference.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Keys Security, Inc. for $43,680 per year/$3,640 per month for security
patrols and services in the Duck Key Security District.
Board granted approval to renew with The Hartford Life Insurance for our Group Life
and Accidental Death & Dismemberment Policy No. 303613 October 1, 2005 through September
30, 2006.
Board granted approval to retain Adjusters International in assessing and handling claims
due to a hurricane or other natural disaster. Adjusters International will provide the County with
services designed to help maximize FEMA funding, expedite the process, and retain funds during
project closeout and audit.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution transferring funds (from District II, FY 2005
Event Resources to District II, FY 2005 Promotion and Advertising Resources).
RESOLUTION NO. 253-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Marathon Community Theatre, Inc. to revise Exhibit A,
Schedule of Events.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Key West to extend agreement for the
McCoy Indigenous Park Habitat and ADA Improvements project to March 31,2006.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Artificial Reefs of the Keys for the Vandenberg Project to extend Agreement
to September 30, 2006.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Marathon to exercise option to extend
agreement for beach sand, beach repairs and beach maintenance at Sombrero and Coco Plum
beaches for an additional five (5) year period to September 30,2010.
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Board granted approval of a policy change to be reflected in the Monroe County Tourist
Development Council Operations Manual relating to Tourist Development Council Board
Member Travel.
Board granted approval to rescind Agreement between Monroe County and the
Islamorada Chamber of Commerce for the Columbus Day 10K Getaway on October 8, 2005 due
to cancellation of event.
Announcement of one vacant position on the Tourist Development Council District II
Advisory Committee for an "At Large" appointment.
ENGINEERING
Board granted approval and authorized execution of Change Order No.1 between
Monroe County and Fonticiella Construction Corporation for the Medical Examiner's Facility on
Crawl Key, and transfer of additional funds.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution supporting an alternatives analysis study for a
bicycle facility on the County Road 905 Corridor and directing staff to pursue funding for such
analysis.
RESOLUTION NO. 254-2005
Said Resolution is incorporated herein by reference.
Board granted approval to advertise Request for Statement of Qualifications (RSQ) for
professional services to prepare the US 1 Corridor Enhancement Plan for Mile Markers 16 to 29
and to review and rank the proposals and recommend a firm to the Board of County
Commissioners.
Board adopted the following Resolution requesting a lease of property owned by the State
of Florida; said property being located on the west side of Card Sound Road, lying between the
Card Sound Bridge and the Monroe County Bridge Toll Plaza; said property including the boat
ramp located in this area.
RESOLUTION NO. 255-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Windmill Enterprises, Inc., Permit No. 03-3-2553 for property
described as Lot 10 Block 3 Harbor Course South Section 4, Ocean Reef Plat #13, Monroe
County Records, Monroe County, Florida, RE# 00573670-001000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Donald I. & Aleeha Appleby, Permit No. 041-301 for property
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described as Pt Tract B, Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida RE#
00144290-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Jane E. Hager, Permit No. 03-3-5324 for property described as Lot
37, Block 5 Harbor Course South Section 1, Ocean Reef Plat #14, PB 7 pg. 9 Monroe County
Records, Monroe County, Florida, RE# 00573690-003700.
Board granted approval of a bid and contract for purchase and delivery of a Sanitary
Waste Pump-out Vessel. * (Backup documentation was not provided therefore, this item will
have to be brought back to the Board for consideration).
Board granted approval to waive the $500.00 Non-Residential Rate of Growth (NROGO)
application fee for Largo Sound Village, Incorporated.
Board adopted the following Resolution to accept a Grant in the amount of$l,OOO from
the Florida Exotic Plant Pest Council for the Florida Keys Green Thumb Education and Outreach
Project. The Green Thumb Program will work with local plat nurseries to encourage
homeowners to remove invasive exotic plants from their landscape and replace them with keys
friendly plants.
RESOLUTION NO. 256-2005
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a request for expenditures from the Law Enforcement Trust
Fund, as follows:
$250 FDLE - Florida Missing Children's Day ceremony. The ceremony honors police
officers and civilians statewide who have assisted in missing child cases and raises statewide
awareness to help prevent child abduction and sexual exploitation.
$5,000 FCAC - To continue the operation of the FCAC for day to day operations,
conferences and expenses of the Commission related to jail accreditation and improving the
delivery of services to the citizens of Florida.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition of the late Dr. Herman K. Moore.
RESOLUTION NO. 257-2005
Said Resolution is incorporated herein by reference.
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Board granted approval designating Commissioner Rice as the BOCC liaison for the Joint
County/City Marathon Library construction project.
Board adopted the following Resolution supporting approval of the Submerged Lands
Management Agreement between the State of Florida and the National Park Service within the
boundaries of the Dry Tortugas National Park, said management agreement being presented to
the Florida Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement
Trust Fund.
RESOLUTION NO. 258-2005
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners Minutes from the
May 17 & 18, 2005 BOCC meetings. (previously distributed).
Board granted approval of the following Warrants (113906-115231 & 208422-208546):
General Fund (001), in the amount of$I,822,951.22; Fine & Forfeiture Fund (101), in the
amount of$2,918,288.12; Road and Bridge Fund (102), in the amount of $79,990. 12; TDC
District Two Penny (115), in the amount of$440,217.09; TDC Admin. & Promo 2 Cent
(116), in the amount of$824,569.62; TDC District 1,3 Cent (117), in the amount of
$194,726.85; TDC District 2, 3 Cent (118), in the amount of$14,531.47; TDC District 3,3
. Cent (119), in the amount of$62,185.38; TDC District 4, 3 Cent (120), in the amount of
$42,803.14; TDC District 5, 3 Cent (121), in the amount of$15,346.80; Gov. Fund Type
Grants (125), in the amount of $428,444.42; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$109, 170.98; Upper Keys Health Care (144), in the amount of$133,538.90; Fire &
Amb Dist 6 Key Largo (146), in the amount of $46,697.40; Uninc Svc Dist Parks & Rec
(147), in the amount of $199,427.49; Plan, Build, Zoning (148), in the amount of$252,430.30;
Municipal Policing (149), in the amount of$458,827.97; 911 Enhancement Fee (150), in the
amount of$89,569.17; Duck Key Security (152), in the amount of$615.62; Local Housing
Assistance (153), in the amount of $128,319.44; Boating Improvement Fund (157), in the
amount of$68,289.51; Misc. Special Revenue Fund (158), in the amount of$26,639.75; Law
Enforcement Trust (162), in the amount of$5,000.00; Conch Key Wastewater MSTU (167),
in the amount of$1.43; Bay Point Wastewater MSTU (168), in the amount of$16.37; Key
Largo Wastewater MSTU (170), in the amount of$321.84; 1 Cent Infra Surtax (304), in the
amount of $900, 141.60; 2003 Revenue Bonds (307), in the amount of$81,636.01; Card
Sound Bridge (401), in the amount of$13,268.50; Marathon Airport (403), in the amount of
$67,717.30; Key West IntI. Airport (404), in the amount of$I,904,572.20; MSD Solid Waste
(414), in the amount of$I,093,155.29; Worker's Compensation (501), in the amount of
$53,945.94; Group Insurance Fund (502), in the amount of$88,525.33; Risk Management
Fund (503), in the amount of$92,891.57; Fleet Management Fund (504), in the amount of
$162,169.94.
Board granted approval of Tourist Development Council Expenditures for the month of
June, 2005: Advertising, in the amount of$878,582.81; Bricks & Mortar Projects, in the amount
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of$23,946.81; Visitor Information Services, in the amount of$66,166.64; Events, in the amount
of$136,080.33; Office Supplies & Oper Costs, in the amount of$69,493.50; Personal Services,
in the amount of$154,053.25; Public Relations, in the amount of $166,630.46; Sales &
Marketing, in the amount of$80,203.23; Telephone & Utilities, in the amount of$3,931.82;
Travel, in the amount of$14,434.95.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
Board granted approval to delete items from County inventory that have an acquisition of
less than $1,000.00 pursuant to Florida Statute 274.2. Said schedule is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board granted approval of Jerry O'Cathey, Interim Division Director, Community Services
Division, to replace Mr. Jim Malloch, on the South Florida Workforce Board (SFWB), and the
South Florida Employment and Training Consortium (SFETC) as the Locally Elected Official
(LEO) representing Monroe County in Region 23.
Board ratified the signing of a Letter of Agreement with RW. Beck, Inc., to perform
debris management and disaster related services to Monroe County as a result of Hurricane
Dennis.
COUNTY ATTORNEY
Board granted approval to issue a Purchase Order for 60 month lease with Xerox for a
WCP 3545 Copier to replace the Canon 6030.
Board granted approval and authorized execution of Addendum NO.1 and Addendum No.
2 to Agreement for the Purchase of Lands between Monroe County and Rockland Investment
Corporation, Inc. for property at Rockland Key and authorized execution of an access Easement
Agreement between Monroe County and Rockland Investment Corporation, Inc. The addenda
are for: a) revised legal description of property purchased and; 2) for retention by Clerk of money
to be paid for infrastructure until work completed.
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of Bonito Lane, "Amended Plat of
Sunrise Point Addition" according to the plat thereof, as recorded in Plat Book 4, Page 41 of the
public records of Monroe County, Florida (Key Largo).
RESOLUTION NO. 259-2005
Said Resolution is incorporated herein by reference.
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Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of Coxon Lane turn-around,
according to the plat of Cutthroat Harbor Estates First addition, Plat Book 5, Page 60, of the
public records of Monroe County, Florida (Cudjoe Key).
RESOLUTION NO. 260-2005
Said Resolution is incorporated herein by reference.
Board granted approval of payment of Invoice No. 99 to White & Smith, LLC for
professional legal services and costs in the amount of $49,843.17, in Collins v. Monroe County,
Case No. CAM-04-379.
Board granted approval of payment ofInvoice No. 083 04148 15930 Y to Nabors, Giblin
& Nickerson, P.A. for professional legal services rendered by Brian P. Armstrong, Esq. and
Robert L. Nabors, Esq. in the amount of$25,627.53, in matters regarding the Utility Financing
Plan.
Board adopted the following Resolution amending Resolution No. 496-2000 to provide
changes to dog license fees.
RESOLUTION NO. 261-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution amending Resolution No. 215-2005 to correct
scrivener1s errors and add clarifying language adopting the proposed determination of the Special
Master and denying the Beneficial Use Determination application of Merrick and Suzanne Kalan.
RESOLUTION NO. 262-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution directing the Supervisor of Elections to place on
the ballot a referendum question regarding assessment of ad valorem taxes by the Key Largo Fire
Rescue and Emergency Medical Services District.
RESOLUTION NO. 263-2005
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MONROE COUNTY TAX COLLECTOR
Danise D. Henriquez, Tax Collector presented to the Board the recap of the 2004 Tax
Roll and the list of Errors and Insolvencies for the 2004 Tax Roll, and also requested that the
Board extend the 2005 Tax Roll and that the tax bills be mailed prior to the completion of the
Value Adjustment Board. Motion was made by Commissioner Rice and seconded by
Commissioner Nelson granting approval to extend the 2005 Tax Roll and that the tax bills be
mailed prior to the completion of the Value Adjustment Board. Motion carried unanimously.
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MISCELLANEOUS BULK APPROVALS
Commissioner Nelson addressed the Board concerning the Lease Agreement between
Monroe County and Peter O. Dalton for a new three year lease for Extension Services office
space in Suite llA of the Damaron Building in Key Largo. After discussion, motion was made by
Commissioner Neugent to table the item.
The following public speakers addressed the Board: Dr. Robert Robbins, representing
WMKL & WGES Key Largo; Bill Murdoch and Ralph Chambers, representing South
Broadcasting. Public Safety Director, Reggie Paros addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting
approval, per Staff recommendation, for the execution of a Lease Agreement between Monroe
County and South Broadcasting System, Inc., for surplus antenna space on the County owned
communications tower located in North Key Largo, with the term of this agreement 5 years from
July 20, 2005 to July 20, 2010, with 2 optional extensions of 5 years each. Also, delete #3 in *
Exhibit B of the Interference/Conflicts form, as follows: For purposcs oftms Leasc, thc mcrc act
of ha'v'ing multiple antel1fl.ae on the premises ghall not constitutc interferencc or cmrllict. Motion
carried unanimously.
COUNTY ADMINISTRATOR
The following public speaker addressed the Board: Leah A. Sokolowsky, representing
Electric Triangle Entertainment, Inc., concerning a request for intermittent traffic control on the 7
Mile Bridge for an event in August. The production company is requesting to film a mini-series
entitled The Triangle in South Florida and the producers and director would like to shoot a key
segment of the script on the 7 Mile Bridge. County Attorney, Richard Collins and County
Administrator, Tom Willi addressed the Board. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Rice granting approval of the above
request, contingent upon meeting all County insurance, safety and security requirements. Roll call
vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
remove from the table the Lease Agreement between Monroe County and Peter O. Dalton for a
new three year lease for Extension Services office space in Suite 11 A of the Damaron Building in
Key Largo. Motion carried unanimously. County Attorney, Richard Collins addressed the Board.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
granting approval of the item. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board accepted the written Growth Management Litigation Report dated June 29,
2005 from Derek V. Howard, Esq., of the Law Offices of Morgan & Hendrick.
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Commissioner Nelson reported to the Board concerning his trip to Tallahassee on June
27-28 with County Administrator Tom Willi. Commissioner Nelson indicated that he met with
Department of Community Affairs Secretary, Thaddeus Cohen and discussed the Administrative
Appeal, Tier SystemlEndangered Species, and Workforce Housing Building Permits.
Commissioner Nelson also met with Jose Abreu of the Department of Transportation concerning
the number of signs being proposed for Monroe County. Growth Management Director, Tim
McGarry addressed the Board.
Planning Director, Marlene Conaway and Bicycle Pedestrian Planning Coordinator, Jose
Pappa addressed the Board. The following public speaker addressed the Board: Kathy Wheeler.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Nelson to adopt the following Resolution endorsing the findings of the Big Pine Key USl
Corridor Area Enhancement Plan and directing the appropriate staff to pursue funding to analyze
the feasibility of the findings or implement the projects proposed in the plan. Motion carried
unanimously.
RESOLUTION NO. 268-2005
Said Resolution is incorporated herein by reference.
MONROE COUNTY HEALTH DEPARTMENT
Dr. Susana May and Administrative Services Director, Louis Diaz made a presentation of
the Monroe County Health Department accomplishments for Fiscal Year 2004/2005.
W ASTEW A TER ISSUES
The following public speaker addressed the Board: Reese Palley, representing the M-l 0
Coalition. After discussion, motion was made by Mayor Spehar and seconded by Commissioner
Nelson to adopt the following Resolution delineating limits to wastewater activities of County
Government and supporting the Florida Keys Aqueduct Authority, the Key Largo Wastewater
Board and the various municipalities of the County in exercise of their statutory roles as
designated wastewater authorities for the Florida Keys. Roll call vote was taken with the
following results:
Commissioner Neugent No
Commissioner Rice No
Commissioner Nelson Yes
Mayor Spehar Yes
Mayor Pro Tern McCoy Yes
Motion carried.
RESOLUTION NO. 269-2005
Said Resolution is incorporated herein by reference.
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COMMISSIONERS' ITEMS
Mayor Spehar discussed her item with the Board concerning the increasing complaints of
the growing colonies of iguanas. Being vegetarians they are considered harmless but they are
eating plants, flowers and indigenous plants, as well as being a real threat to small animals and
children. The following public speakers addressed the Board: Richie Moretti, Gwen Hawtof,
representing Florida Keys SPCA; and Harlan Frankel. No official action was taken by the Board.
COUNTY ADMINISTRATOR
Gus Pego, Director of Operations and Omar Meitin, Program Manager/Keys Projects with
the Florida Department of Transportation made a presentation to the Board of the Intelligent
Highway Features (digital monitoring signs). No official action was taken by the Board.
COUNTY ATTORNEY
Assistant County Attorney, Pedro Mercado addressed the Board to settle an outstanding
lien against the Blair and Althea Mooney property located on Summerland Key in the
recommended amount of$14,610. The lien was for engaging in commercial expansion by adding
outside seating, decking, fencing, awning, screening and electrical without Planning Department
approval. Attorney Ted Herzog, representing Blair and Althea Mooney addressed the Board to
consider a settlement offer by Blair and Althea Mooney. After discussion, motion was made
Commissioner McCoy and seconded by Commissioner Nelson to settle the matter in the amount
of $7,305 (1/2 of original lien) payable within thirty (30) days from today's date. Should this
amount not be paid, then it will revert back to the original recommended amount of$14,610.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Section
15.5-191A(a), Monroe County Code, in order to provide revised legal descriptions of Duck Key
Municipal Service Taxing Unit set forth in Ordinance No. 10-2005; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; and providing an effective date. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 015-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Sec. 3-6(1),
Monroe County Code, in order to change the licensing of dogs from one year to mirror the rabies
vaccination coverage; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date. There was no public input. Motion was made by Commissioner
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Nelson and seconded by Commissioner Neugent to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 016-2005
Said Ordinance is incorporated herein by reference.
COMMISSIONERS ITEMS
Commissioner Rice discussed his item concerning a request for $200,000 in funding for
continuation of Baker Act Services at DePoo. Mr. Willi addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting
approval of the item. Motion carried unanimously.
COUNTY ADMINISTRATOR
William R. Pfeiffer, Esq., President ofTPC Governmental Consulting addressed the
Board. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner McCoy granting approval and authorizing execution of a Retainer Agreement
between Monroe County and TPC Governmental Consulting for the provision of strategic
governmental consulting services. Mr. Collins and Mr. Willi addressed the Board. The Board
agreed to buyout the existing contract with Moody and Reyes. Roll call vote was unanimous.
AIRPORTS
Airports Director Peter Horton addressed the Board and introduced Larry Chalmers
Director of Construction and Planning who made a presentation to the Board concerning the
development of the new McCoy Terminal Complex at the Key West International Airport. The
items discussed were the height of the structure and the reconfiguration of the pines area into the
Mario Sanchez Children's Park. Director of the Key West Art & Historical Society, Claudia
Pennington addressed the Board. Motion was made by Commissioner Nelson and seconded by
Commissioner Neugent to proceed with the 380 process with the Department of Community
Affairs concerning the height issue and continue developing the plans for the children's park.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
County Engineer, Dave Koppel addressed the Board. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Nelson granting approval to rescind
Agreement as approved on June 15, 2005; authorized execution of a revised Joint Participation
Agreement (JP A) between Monroe County and the Florida Department of Transportation to
complete stormwater management improvements at various locations along the U.S. Highway 1
corridor; and adopted the following Resolution of the Mayor and County Commission of Monroe
County approving a Joint Participation Agreement with D.O.T. to complete stormwater
management improvements (to be included as Exhibit C of the JPA). Motion carried
unanimously.
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RESOLUTION NO. 270-2005
Said Resolution is incorporated herein by reference.
The Board discussed the following two (2) items. Dave Koppel, County Engineer
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Nelson approving the following contracts with agreement period effective July 21,
2005 through December 31,2005.
Contract No. 04-0054-ML between the School District of Manatee County and Playmore
Recreational Products and Services, for procurement and installation of a shade structure and
aluminum bleachers for Key Largo Community Park.
Contract No. SC-0549-03 between the City of Jacksonville Department of Parks,
Recreation and Entertainment and Playmore Recreational Products and Services, for procurement
of skate board park equipment and installation services for Key Largo Community Park.
Motion carried unanimously.
STAFF REPORTS
Public Safety - Reggie Paros, Public Safety Director updated the Board concerning
Monroe County's emergency response to Hurricane Dennis.
Airports - Peter Horton, Airport Director discussed details of Hurricane Dennis relating
to the Key West International Airport.
PUBLIC HEARINGS
The second of two Public Hearings 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 exemption; 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. The Board
accepted public input with the following individuals addressing the Board: Tim Koenig, Bruce
Popham, representing the Sanctuary Advisory Council; Pete Worthington, Ralph Boragine,
representing Monroe County Commercial Fishermen; Billy Niles, Adam Disson, representing Key
Tex; Andy Griffiths, Joe O'Connell, representing Safe Harbour, LLC; Jim Hendrick, Michael
Stephens, representing BAMA Sea Products; H. T. Pontin, Robbie Reckwerdt, representing
Robbie's Marina; Elizabeth Lustberg, representing Key West & Lower Keys Democrats; Ben
lannotta, Diane Beruldsen, representing Lower Keys Democrats; Mark Alhadett, representing
O.B. Key Largo; and Peter Bade, representing Stock Island Lobster Company. Richard Collins,
County Attorney; Marlene Conaway, Planning Director; and Tim McGarry, Growth Management
Director addressed the Board. After discussion, motion was made by Commissioner Neugent and
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seconded by Commissioner Rice to adopt the following Ordinance, as amended. Said
amendments as follows:
Page 5 of7
4. ExemptioDs.
a. Thc pro'v"isioHS Df this OrdiHaHee shall HDt apply to a develDpment uHder afl appmved
COHditiDHal Use Permit; geHeral maiHteHaflee, repair aHd/Dr safety improvements; and shall ftDt
apply to Mry mDdifieatiDH, improvement, Dr expaHsiDH tD existiHg marinc facility that dDes nDt
dimiHish publie acecss afld does HDt result iH the IDss Dfvv"DrlciHg 'vVatcrrront.
b. The pro'v"isioHS oftms OrdiRaHee shall nDt apply tD aH applieatiDH fDr a buildiHg permit
Dr develDpment appmval submitted to the CDunty DH Dr befDre February 28, 2005.
c. The pro'v'isiDHs Dftms OrdiHaHee shall HDt apply tD aH applieatiDH for or issuaRce of a
buildiHg pcrmit: Dr dcvelopment appro'lal for any dC'v'dopmcnt or rcdc'v"dopmcnt that is Dtherwise
allowcd pursuaflt to the MOHroe CDUHty Land DC'v'clopmcnt RcgulatiDHs aRd the 2010
CDmpreheRsivc PlaH.
4. Development Allowed.
a. During the period that these Interim Regulations are in effect. notwithstanding
any other provision of this Chapter.
(1) the holder of a Conditional Use Permit issued prior to the effective date of this
Ordinance shall be entitled to develop according to the provisions of the
Conditional Use Permit;
(2) None of the restrictions set forth in this Ordinance shall prevent issuance of a
permit for general maintenance. repair and/or safety improvements. nor for
any modification. improvement. or expansion to an existing marine facility
that does not diminish public access and does not result in the loss of working
waterfront.
3. None of the restrictions set forth in this Ordinance shall apply to an
application for a building permit or development approval submitted to the
County on or before February 28.2005.
The Board also revised the following:
Providing for expiration within 3-65- to 270 days of the effective date of the Ordinance or
when the amendments become effective, whichever comes first.
Roll call vote was unanimous.
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ORDINANCE NO. 017-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance approving the request of
R & S of Key West, Inc. for a land use designation amendment form Urban Residential Mobile
Home (URM) to Mixed Use (MU) for the property known as the Gomez Trailer Park, Maloney
Subdivision, PB 1-55, lots 1,2,3,9, 112, 13-16, 19,20, Section 35, Township 67, Range 25,
Stock Island, Florida, having real estate numbers: 00124350.000000, 00124430.000000,
00124460.000000,00124470.000000, and 00124530.000000 at approximate mile marker 5;
providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date. The Board accepted
public input with the following individual addressing the Board: Tim Koenig. Motion was made
by Commissioner Rice and seconded by Commissioner McCoy to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 018-2005
Said Ordinance is incorporated herein by reference.
The first of two required Public Hearings was held 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 Year 2010 Comprehensive Plan Future
Land Use Map from Residential Conservation (RC) to Conservation (C) for 00117510.000000
and from Conservation (C) to Mixed Use/Commercial (MC) for 00117510.000200 for properties
located at 256627 SugarloafKey Part Government Lot 5 AKA Lots 2 and 3 Block 1, Sugarloaf
Acres Section One, SugarloafKey, Florida, approximate mile marker 19. The Board accepted
public input with the following individual addressing the Board: Tom Weyant, representing Earth
& Sea. (The second of two required Public Hearings will be held at the August 17, 2005 Board
meeting in Key Largo.)
A Public Hearing was held to consider adoption of an Ordinance to create Section
9.5-123.1 and revise Section 9.5-4 and Section 9.5-266 of the Monroe County Land
Development Regulations. Motion was made by Commissioner Rice and seconded by
Commissoner Nelson to continue the hearing. Motion carried unanimously. (The Planning
Department is requesting that this item be postponed to the August 17,2005 Board meeting in
Key Largo because the Planning Commission continued the discussion of this item to the
Marathon Planning Commission meeting on July 13, 2005).
W ASTEW A TER ISSUES
Mr. Collins addressed the Board. Motion was made by Commissioner Nelson and
seconded by Commissioner Rice granting approval and authorizing execution of a First Amended
and Restated Interlocal Agreement between Monroe County and the Key Largo Wastewater
Treatment District to clarify source(s) of funding. Motion carried unanimously.
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2005/168
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item granting approval to direct Staff not to issue any
more workforce/affordable housing permits until receiving input from the newly created
Workforce Housing Committee. Motion was made by Commissioner Nelson and seconded by
Commissioner Rice to table the matter to the August 17,2005 Board meeting in Key Largo.
Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board accepted the County Administrator's County Divisions' Monthly Activity
Report for June, 2005.
Connie Christian, representing the Key West Dog Park Committee discussed with the
Board sponsorship message boards at the Higgs Beach Dog Park. Mr. Willi addressed the Board.
After discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Nelson approving one (1) sign at the Higgs Beach Dog Park. Motion carried unanimously.
Mr. Paros discussed an amendment to the Notice to Proceed and Task Order(s) with
DRC, Inc., to provide disaster response and recovery services in Monroe County. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of the amendment to include the City of Key Colony Beach. Motion carried
unanimously.
The Board discussed a Retainer Agreement with Jerry Coleman for legal services for the
Workforce Housing Committee. After discussion, motion was made by Commissioner Nelson
and seconded by Commissioner Rice approving the item. Motion carried unanimously.
COUNTY ATTORNEY
The Board accepted the July 2005 written litigation report from Bob Shillinger, Assistant
County Attorney.
Assistant County Attorney Bob Shillinger addressed the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner Rice granting approval to proceed to final
foreclosure on properties owned by Alan Depierrefeu and to bid up to the limits of the County's
judgments at auction, if appropriate. Motion carried unanimously.
Mr. Collins addressed the Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Rice granting approval to amend the Contract between
Monroe County and The Tower Group, Inc. to remove the requirement that the architect approve
Change Orders for the Freeman Justice Center project and to take appropriate action based upon
the recommendation of the County Engineer and the County Attorney presented at today's
meeting. Motion carried unanimously.
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2005/169
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
~MC.. [b,,;t~
Isabel C. DeSantis, DepUty Clerk