08/17/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/179
Regular Meeting
Board of County Commissioners
Wednesday, August 17, 2005
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened on
the above date 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 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, A moment of silent prayer was
made to Technical Services Director, Jim Van Tassel who suddenly passed away.
POINT OF PERSONAL INTEREST
Prior to the meeting, Commissioner McCoy gave accolades to Commissioner Murray
Nelson for his work on Affordable Workforce Housing, Protection of Hammocks, and
Wastewater.
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.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 15 years of service to Monroe County to Gary
Strait, Building Maintenance Specialist, Correction Facilities, Public Works Division.
Presentation of Mayor's Proclamation recognizing August 26, 2005 as Disabilities
Awareness Day,
Presentation of Mayor's Proclamation recognizing August 17,2005 as Voluntary
Prekindergarten Day (VPK) in Monroe County,
Presentation of the Florida Keys Council for People with Disabilities Award to Michael
Brennan and Rhonda A. Anderson, Attorney, in recognition of their important pro-bono
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contributions of expertise and energy in bringing about compliance to disabilities laws in the
Florida Keys.
Presentation to Donna Hanson, Executive Assistant to Commissioner Murray Nelson, for
Employee of the Month for the Month of May, 2005.
MISCELLANEOUS
Commissioner Neugent thanked Bob Toal, Carpenter with the Public Works Division who
has a herniated disk and yet was still able to set up for today's meeting,
BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Neugent
granting approval and authorizing execution of the following items by unanimous consent:
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 Monroe Government Center.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Federal Express Corporation for operations at the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
04/05-20 between Monroe County and URS to provide a Wildlife Hazard Management Plan for
the Key West International Airport.
Board granted approval and authorized execution of a F ederal Aviation Administration
Grant to fund various projects at the Florida Keys Marathon Airport, Project No.
3-12-0044-021-2005. Grant provides 95% funds for Terminal Canopy Phase II, Generator for
Airport Beacon, and design for construction and reconstruction of aircraft parking aprons.
Board granted approval of award of bid to Koch Corporation, as the most responsive
bidder, for the Noise Insulation Program (NIP) Phase 4 Construction, for the Key West
International Airport.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator for the period 7/05/05 - 08/02/05.
Board granted approval of changes to the Monroe County Policies & Procedures Manual
as recommended by the Monroe County Personnel Policies & Procedure Review Board, dated
August 17, 2005, Said list of changes are incorporated herein by reference.
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Board granted approval and authorized execution of a Disaster Relief Funding Agreement
No, 06-DN-@G-II-54-01-550 between Monroe County and the State of Florida, Department of
Community Affairs for expenses related to Hurricane Dennis.
Board adopted the following Resolutions concerning Transfer of Funds, Receipt of
Unanticipated Revenue, and Amending:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 271-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 111-2005 (OMB Schedule Item No.2).
RESOLUTION NO. 272-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3),
RESOLUTION NO. 273-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 274-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 275-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 276-2005
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 277-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 278-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9),
RESOLUTION NO. 279-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 221-2005 (OMB Schedule Item No. 10),
RESOLUTION NO. 280-2005
08/17/2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 281-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 12),
RESOLUTION NO. 282-2005
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 283-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14),
RESOLUTION NO. 284-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 15),
RESOLUTION NO. 285-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16),
RESOLUTION NO. 286-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 287-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 288-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 289-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 290-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 291-2005
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No, 22).
RESOLUTION NO. 292-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 293-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No, 24).
RESOLUTION NO. 294-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25),
RESOLUTION NO. 295-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 296-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 297-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No, 28).
RESOLUTION NO. 298-2005
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 299-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 300-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 301-2005
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No. 32),
RESOLUTION NO. 302-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 33),
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RESOLUTION NO. 303-2005
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No, 34).
RESOLUTION NO. 304-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Lease and Concession Agreement
between Monroe County and the Hertz Corporation to operate an automobile rental concession at
the Florida Keys Marathon Airport.
Board adopted the following Resolution approving the 2005 revised Local Mitigation
Strategy in order to permit Monroe County to access post-disaster and pre-disaster Hazard
Mitigation Grants in the event Monroe County is impacted by hurricanes and other natural hazard
events,
RESOLUTION NO. 305-2005
Said Resolution is incorporated herein by reference.
Board granted approval for the Mayor to sign the Certification of Acceptance of Subgrant
Award No. 05-CJ-L2-07-54-01-165, accepting a Law Enforcement Terrorism Prevention
Program Grant from the Florida Department of Law Enforcement and the Homeland Security, in
the amount of $124,000.00,
Board adopted the following Resolution acting as the Governing Board for the Municipal
Services Taxing District 6 approving the revised Attachment "I" to the Volunteer Fire and EMS
Service Agreements Amendment Number 1 approved June 15, 2005, between Monroe County
Municipal Services Taxing District 6 and Key Largo Volunteer Fire Department, Inc" and Key
Largo Volunteer Ambulance Corps, Inc, prescribing the Volunteer Fire and EMS Membership
Reimbursement Guidelines.
RESOLUTION NO. 306-2005
Said Resolution is incorporated herein by reference,
Board granted approval to purchase one transportation bus based on the Application for
Federal Assistance under the U.S,c. Section 5310 and Notice of Grant Award for Year 2005 to
Monroe County by the State of Florida Department of Transportation by piggy backing on
FDOT FVPP-03-SC-l Florida Procurement Program.
Board granted approval and authorized execution of a Lease Amendment and Assignment
and Assumption of Lease between Monroe County and Southernmost Ltd., and SouthWhitehead,
LC, for rental space at 1315 Whitehead Street for the 16th Judicial Circuit Drug Court Program.
Board granted approval and authorized execution of a Commercial Lease Agreement
between Monroe County and Hillsborough Center Associates, LLC for approximately 1,450 s.f.
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of office space at Habana Plaza in Key West for the 16th Judicial Circuit Drug Program, pending
further review by Risk Management.
Board granted approval to attach Exhibits A, Band C to the contract between Monroe
County and Currie, Sowards, Aguila Architects (approved at the 05/18/2005 BOCC meeting) for
planning, design, contract documents, and construction administration services for the
construction of an Upper Keys Government Center.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of the Monroe County Tourist Development Council Marketing
Plan 2005-2006, Said document is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Holiday Isle Resort & Marina to revise the date of the Holiday
Isle/Caribee 21st Dolphin Tournament which was scheduled to take place on July 8-10, 2005 to a
new date of July 29-31, 2005 due to Hurricane Dennis,
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Lower Keys Chamber of Commerce to revise the date of the 21 st
Annual Underwater Music Festival which was scheduled to take place on July 9,2005 to a new
date of July 16, 2005 due to Hurricane Dennis.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Keys Association of Dive Operators (KADO). Exhibit A of the
Agreement entered into on November 17, 2004 shall be revised to name Amy Slate as the KADO
Recommendation Committee member for District V.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of award of bid and authorized execution of a Contract for
Services between Monroe County and PumpOutUSA for purchase and delivery of a Sanitary
Waste Pump-out Vessel in the amount of$100,495.
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
to issue citations for violations of the Monroe County Code for disposition in County Court (Joel
Rodriguez-Fito ),
RESOLUTION NO. 307-2005
Said Resolution is incorporated herein by reference.
Board granted approval to issue a Purchase Order for the Marathon Planning Department
for a 48-month Lease with Pitney Bowes @ $195,00 per month for a postage machine/meter.
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Board adopted the following Resolution adopting the Annual Assessment of Monroe
County Public Facilities Capacity for 2005 as submitted by the Monroe County Planning and
Environmental Resources Department,
RESOLUTION NO. 308-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the Monroe County Priority List for
projects eligible for Federal Transportation Enhancement Funds as recommended by the Florida
Department of Transportation Technical Advisory Committee for the Florida Keys (DOT -TACK)
and providing an effective date,
RESOLUTION NO. 309-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Spehar's appointment of Cheryl Smith to the Ad-Hoc
Committee on Airport Noise, replacing Michael Walsh who is resigning, there is no term limit.
Board granted approval of Mayor Spehar's re-appointment of Robert Padron to the TDC
Board, current term to expire October 2005,
Board granted approval of Commissioner McCoy's appointment of Ed Swift to replace
Clayton Lopez on the Workforce Housing Committee who resigned from the committee.
Board granted approval to return the $1600 advertising fee to the Largo Sound Village
Association for a project to construct a tiki hut in the community park.
Board granted approval of appointing David Boerner to replace Tom Willi and Reggie
Paros to replace Commissioner Nelson on the Workforce Housing Committee. Reggie Paros will
become the new Chairman and both appointees will be voting members,
COUNTY CLERK
Board granted official approval of the Board of County Commissioners Minutes from the
June 14 & 15,2005 meetings and the Closed Session of June 21,2005 (previously distributed).
Board granted approval of the following Warrants (115232-115912 & 208547-208611):
General Fund (001), in the amount of$2,153,735,94; Fine & Forfeiture Fund (101), in the
amount of$232,885,09; Road and Bridge Fund (102), in the amount of$60,836.57; TDC
District Two Penny (115), in the amount of$124,063.35; TDC Admin. & Promo 2 Cent
(116), in the amount of$539,378.91; TDC District 1,3 Cent (117), in the amount of
$372,261.90; TDC District 2, 3 Cent (118), in the amount of$36,867,14; TDC District 3, 3
Cent (119), in the amount of$183,422.91; TDC District 4, 3 Cent (120), in the amount of
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$106,395.73; TDC District 5, 3 Cent (121), in the amount of$105,826.36; Gov. Fund Type
Grants (125), in the amount of$85,632.40; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $75,774,04; Translator System Svc Dst (142), in the amount of$I,848.60; Upper
Keys Health Care (144), in the amount of$48,136,77; Fire & Amb Dist 6 Key Largo (146), in
the amount of$15,518,22; Uninc Svc Dist Parks & Rec (147), in the amount of$16,692,83;
Plan, Build, Zoning (148), in the amount of $112,662.59; Municipal Policing (149), in the
amount of$17,983,81; 911 Enhancement Fee (150), in the amount of$8, 109.02; Duck Key
Security (152), in the amount of$25.60; Local Housing Assistance (153), in the amount of
$41,095,72; Boating Improvement Fund (157), in the amount of$4,531.94; Misc. Special
Revenue Fund (158), in the amount of$9,965,02; Marathon Municipal Service (166), in the
amount of$14,04; Conch Key Wastewater MSTU (167), in the amount of$1.43; Bay Point
Wastewater MSTU (168), in the amount of$0.45; Key Largo Wastewater MSTU (170), in the
amount of$10.46; 1 Cent Infra Surtax (304), in the amount of$308,426,91; 2003 Revenue
Bonds (307), in the amount of $9,446.60; Card Sound Bridge (401), in the amount of
$12,176.11; Marathon Airport (403), in the amount of$41,077.92; Key West IntI. Airport
(404), in the amount of$213,768.59; MSD Solid Waste (414), in the amount of$I,044,306.63;
Worker's Compensation (501), in the amount of$7,065.49; Group Insurance Fund (502), in
the amount of$178,433,81; Risk Management Fund (503), in the amount of$5,630,05; Fleet
Management Fund (504), in the amount of$57,844.21.
Board granted approval of Tourist Development Council Expenditures for the month of
July, 2005: Advertising, in the amount of$l, 140,095.80; Bricks & Mortar Projects, in the amount
of$24,160,95; Visitor Information Services, in the amount of$53,416.64; Events, in the amount
of$214,684,17; Office Supplies & Oper Costs, in the amount of$42,830.16; Personal Services,
in the amount of$65,316.51; Sales & Marketing, in the amount of$23,318,95; Telephone &
Utilities, in the amount of $4,454.42; Travel, in the amount of$4,053.03.
Board granted approval to advertise surplus equipment for bid and approval to remove
surplus equipment from inventory via disposal. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
The Board accepted the County Administrator's County Divisions' Monthly Activity
Report for July, 2005.
Board granted approval for the running of the 25th Annual 7-Mile Bridge Run for
Saturday, April 22, 2006 from 6:45 AM. to 9:00 AM.
Board granted approval of the recommendation to the United States Board on
Geographic Names to make official the names of Veterans Key & Melody Key for two separate
islands located in the Florida Keys,
Board granted approval and authorized execution of the First Amendment to Solid Waste
and Recycling Collection Franchise Agreement between Monroe County and Waste Management
Inc. of Florida to modify audit accounting provisions.
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Board adopted the following Resolution, as revised, setting policy for compensation for
Public Emergency Response work.
RESOLUTION NO. 310-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Lease between Monroe County and
Habitat for Humanity of the Upper Keys, Inc" for property at 98970 Overseas Highway, Key
Largo.
Board granted approval of the re-appointment of John Dillon to the Career Service
Council for another two year term.
Board ratified Second Amendment to Notice to Proceed and Task Order, dated August 4,
2005 and Third Amendment to Proceed and Task Order, dated August 9,2005 concerning
Contract for Disaster Response and Recovery Services between Monroe County and DRC, Inc.
to perform additional debris management services within Monroe County as a result of Hurricane
Dennis.
COUNTY ATTORNEY
Board granted approval of payment to Paul, Hastings, Janofsky & Walker LLP for
professional legal services rendered by Robert H. Freilich, Esq. in the amount of$53,701.20,
Invoice No, 1447826, in Collins v. Monroe County, CAM-04-379.
Board granted approval of payment to White & Smith LLC for professional services
rendered in the amount of$38,796.87, Invoice No. 131, in Collins v. Monroe County,
CAM-04-379.
Board ratified Exhibit which should have been attached to Addendum NO.1 between
Monroe County and Rockland Investment Corporation, Inc., that was approved at the July 20,
2005 meeting, for the sale and purchase of property at Rockland Key.
Board granted approval to advertise an Ordinance amending Chapter 2 of the Monroe
County Code entitled "Administration" by amending Sec, 2-363 to allow the County Attorney to
agree to settlements of claims and litigation on behalf of Monroe County under certain
circumstances when the County is the beneficiary of the settlement or the recipient of funds;
amending Sec, 2-363(3) in order to correct a scrivener's error and clarifying that payment of
settlement amounts for claims or lawsuits are paid by the County and not by the County Attorney;
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.
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Board ratified Administrator's execution of Addendum to Contract between Monroe
County and Gregory and Diana Pardo for Sale and Purchase of property at 98970 Overseas
Highway, Key Largo, allowing for closing date to be extended to August 5,2005.
Board granted approval of payment to the Smith Law Firm for professional legal services
and costs in the amount of$97,542.86, Invoice No. 4853, in matters regarding Monroe County v.
Post, Buckley, Schuh & Jernigan.
Board granted approval and authorized execution of a Settlement Agreement in Code
Enforcement Lien in Monroe County v. Barry E. Biskup, Case No. U7-02-522, in the amount of
$2,500,00.
Board adopted the following Resolution approving the Settlement Agreement as executed
on July 26, 2005 by both parties, Mark Fraleigh and Monroe County BOCC,
RESOLUTION NO. 311-2005
Said Resolution is incorporated herein by reference.
Board granted authorization to 1) initiate legal action against Ricky and Barbara Allen to
foreclose the County's SHIP loan; and 2) negotiate purchase of Wells Fargo Bank's first
mortgage.
Motion carried unanimously.
MISCELLANEOUS
Maureen Lackey, representing Habitat for Humanity of the Upper Keys presented the
Board with t-shirts. Ms. Lackey addressed the Board concerning status of recently acquired
properties by the Habitat.-
MISCELLANEOUS BULK APPROVALS
Commissioner Nelson discussed the following two (2) items:
Residential Lease for Law Enforcement Officer between Monroe County and Deputy
Dawn Leird to continue residing in one-half of the duplex located at the Key Largo Community
Park for the amount of$425.00 per month for rent and utilities.
Security Agreement with a Law Enforcement Officer between Monroe County and
Deputy David Johnson to continue residing at the Mariner's Resort Park in Big Pine Key for the
amount of $425,00 per month for rent and utilities.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
directing Staff to review the rental agreements to be brought in line with low-cost housing
standards. Motion carried unanimously. County Attorney, Richard Collins addressed the Board,
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After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
authorizing execution of the above agreements for the period of 09/01/2005 through 10/31/2006.
Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Reggie Paros, Public Safety Director addressed the Board concerning a presentation by
Shane Fisher representing SCS Engineers regarding the Cudjoe Key Lined Landfill Operation
Permit. After discussion, motion was made Commissioner Rice and seconded by Commissioner
Neugent accepting Option 1 - Modify Operation Permit and Containment Berm. Motion carried
unanimously.
DIVISION OF GROWTH MANAGEMENT
Jose Papa, Bicycle & Pedestrian Planner addressed the Board concerning a presentation
by Howard Gelbman on potential locations for a passive park/memorial tree garden in Key Largo
and directing appropriate Staff to seek funding for construction and implementation of the park.
The Board authorized Staff to move forward with Site # 1: US-1 and Barracuda Boulevard
(MM103,6) and Site #2: US-1 and Bonito Avenue (MM 103.6).
Commissioner Nelson excused himself from the meeting.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened, Present and
answering to roll call were Commissioner George Neugent, Commissioner David p, Rice, Mayor
Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie
Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 of
Monroe County, authorizing the write-off of Fire Rescue Ambulance Accounts Receivable for
Calendar Year 2000 and 2001. Roll call vote was unanimous, with Councilman Cromartie absent,
RESOLUTION NO. 312-2005
Said Resolution is incorporated herein by reference.
Clark Martin, Fire Chief addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval for the
establishment of six additional part-time positions, three Firefighter/EMTs, two
Firefighter/Paramedics, and one Battalion Chief, for field operations in the Lower & Middle Keys
Fire and Ambulance District. Motion carried unanimously, with Councilman Cromartie absent.
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Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 of
Monroe County, Florida approving the revised Attachment "I" to the Volunteer Fire and EMS
Service Agreements Amendment Number 1 approved June 15,2005, between Monroe County
Municipal Services Taxing District 6 and Key Largo Volunteer Fire Department, Inc., and Key
Largo Volunteer Ambulance Corps, Inc, prescribing the Volunteer Fire and EMS Membership
Reimbursement Guidelines, Roll call vote was unanimous, with Councilman Cromartie absent.
RESOLUTION NO. 313-2005
Said Resolution is incorporated herein by reference,
There being no further business, the meeting of the Board of Governors was adjourned.
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The Board of County Commissioners meeting reconvened with all Commissioners present.
W ASTEW A TER ISSUES
The following public speakers addressed the Board: Van Cadenhead, Don Riggs,
representing M-l 0 Coalition; and Kim Wigington, After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner McCoy granting approval and authorizing
execution of an Interlocal Agreement between Monroe County and the Florida Keys Aqueduct
Authority, Inc. for the creation of an advisory committee and establishment of a process for
provision of wastewater services to County residents, Roll call vote was unanimous.
Commissioner Rice and the Board discussed wastewater services and infrastructure
concerning the Stock Island area and KW Resort Utilities. Mr. Willi addressed the Board, This
item was referred to Staff.
COMMISSIONERS' ITEMS
Commissioner Nelson reported to the Board on the meeting in Tallahassee, with the
Cabinet Aides on August 2nd and the Governor and Cabinet on August 9th, 2005, The following
public speakers addressed the Board: Joan Borel, Debbie Harrison, representing the World
Wildlife Fund; and Dennis Henize. Department of Community Affairs Secretary, Thaddeus
Cohen and State Planning Administrator, Jim Quinn addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
conceptual approval ofthe following document, as revised, entitled Proposed Action Plan To
Provide Further Habitat Protection Under the Monroe County Comprehensive Plan and Land
Development Regulations. Growth Management Director, Tim McGarry addressed the Board.
Said revision as follows:
A Classify all Tier III parcels and lots into one ofthe following two sub-designations:
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1) Tier III-A: Parcels or lots located partially or wholly within a tropical hardwood
hammock or pineland patch of one (1) or more acres in an area. Other than US.
.1 roads will not constitute a break in contiguity.
Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Airports Director, Peter Horton addressed the Board. Motion was made by
Commissioner McCoy and seconded by Commissioner Nelson granting approval and authorizing
execution of a Federal Aviation Administration Grant to fund various projects at the Key West
International Airport, Project No, 3-12-0037-027-2005. Grant provides 95% funds for NIP
Phase IV construction, NIP Phase V design, Part 150 update, and Wildlife Management Plan.
Motion carried unanimously.
Commissioner Neugent addressed the Board. Senior Director of Emergency
Management, Billy Wagner discussed the new National Weather Service facility in Key West.
Mr. Wagner indicated that there is one room available for the County to use as office space and
thereby requested that funds be identified in the amount of$10,000 for furniture and equipment.
After discussion, motion was made by Mayor Spehar and seconded by Commissioner Nelson
directing Staff to prioritize the creation of a permanent Emergency Operations Center (EOC) in
the Marathon Government Center; and to locate appropriate funding in the amount of$10,000 for
equipping the office space available in the new National Weather Service facility in Key West.
Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
approval to award bid and authorized execution of an Agreement for Professional Services
between Monroe County and URS Corporation Southern for the Review and Reconciliation of
Emergency Management Plans of County, Government Agencies and Municipalities within
Monroe County in the amount of$46,790.00 contingent upon review and approval of appropriate
County staff 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 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). There was no public input.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 314-2005
Said Resolution is incorporated herein by reference.
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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 Oak Road, Key Largo,
Monroe County, Florida. There was no public input, Motion was made by Commissioner
Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 315-2005
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 Michael and Margaret Liscio on the lot described as Lot 12, Block
2, Ocean Isle Estates, Key Largo, RE#00538420.000000, The recommended reliefis in the form
of a dwelling unit allocation. There was no public input. Motion was made by Commissioner
Nelson and seconded by Commissioner Neugent to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 316-2005
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 John Landers on the lot described as Lot 4, Block N/A, Paradise
Point Cove Subdivision, Key Largo, RE#00514040.000000, The recommended relief is in the
form of a dwelling unit allocation, 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. 317-2005
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 David Thompson on the lot described as Lot 32, Block 8, Key
Largo Ocean Shores Addition, Key Largo, RE#00499370.000000. The recommended relief is in
the form of a dwelling unit allocation. There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 318-2005
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Announcement was made concerning one (1) vacant position on the Tourist Development
Council District III Advisory Committee for an "At Large" appointment.
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Announcement was made concerning two (2) vacant positions on the Tourist
Development Council District II Advisory Committee for an "At Large" appointment.
Motion was made by Mayor Spehar and seconded by Commissioner Nelson approving
Roberta Loudenslager as an "At Large" appointment to the Tourist Development Council District
II Advisory Committee, Motion carried unanimously,
STAFF REPORTS
Engineering - Dave Koppel, County Engineer reported to the Board concerning the status
of the Key Largo Skate Park; Key Largo Fire Station; Upper Keys Government Center; Big Pine
Park; and Big Pine Fire Station.
GROWTH MANAGEMENT
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution approving a Memorandum of Agreement between Monroe
County and the Florida Department of Community Affairs, authorizing an exemption from the
Monroe County Year 2010 Comprehensive Plan Policy 101.4,24 and Land Development
Regulations Section 9.5-283, Maximum Height for the Key West International Airport New
Terminal Project, pursuant to Section 380,032(3), Florida Statutes; Providing for an effective
date, Motion carried unanimously.
RESOLUTION NO. 319-2005
Said Resolution is incorporated herein by reference,
Mr, McGarry addressed the Board. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner McCoy to adopt the following Resolution directing the Staff
of Growth Management to continue the policy of deferring the acceptance and processing of
Development Applications and the issuance of Development Approvals for the redevelopment or
conversion often units or more of multifamily rental housing and/or mobile home parks and
requests for a Land Use District Zoning Map Amendment from Urban Residential Mobile Home
(URM) and Urban Residential Mobile Home Limited (URM-L) to any other Land Use Zoning
District Designation; continuing this policy until new Land Development Regulations or amended
Land Development Regulations are adopted by the Board of County Commissioners or until the
passage of 180 days from the date of this Resolution, whichever occurs first; Providing
Definitions; Providing for retroactive effect; Directing Staff to continue preparation of new
Affordable Housing Land Development Regulations. Motion carried unanimously,
RESOLUTION NO. 320-2005
Said Resolution is incorporated herein by reference.
GROWTH MANAGEMENT
The Board accepted the written Growth Management Litigation Report dated August 5,
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2005 from Derek V. Howard, Esq., of the Law Offices of Morgan & Hendrick.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item with the Board concerning approval of a
Resolution in the matter of protecting the private property rights of Monroe County residents.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
McCoy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 321-2005
Said Resolution is incorporated herein by reference,
Commissioner Nelson discussed his item with the Board concerning approval to direct
Staff not to issue anymore workforce/affordable housing permits until receiving input from the
newly created Workforce Housing Committee. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval of the item.
Motion carried unanimously.
Commissioner Nelson discussed his item concerning approval to direct Staff to form a
Community Land Trust to use as a vehicle to finance affordable housing projects. County
Attorney, Richard Collins addressed the Board. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Rice authorizing Staff to work with Jerry
Coleman to form a Community Land Trust for approval by the BOCC and that Mr, Coleman act
as its initial legal advisor. Motion carried unanimously.
Commissioner Neugent discussed his item with the Board concerning the potential sale of
the Marathon Manor to the Monroe County School Board. The Board directed the Mayor to
contact the Superintendent of Schools and request that they delay any actions on this item for
thirty (30) days to the Marathon meeting so that Monroe County may enter into discussions,
COUNTY ATTORNEY
The Board accepted the August 2005 written litigation report from Bob Shillinger,
Assistant County Attorney.
Mr. Shillinger requested a private meeting be held at the next regular BOCC meeting on
September 21,2005 at 8:30 a,m. to discuss the Post, Buckley, Schuh & Jernigan litigation to
discuss post trial matters. Motion was made by Commissioner Neugent and seconded by
Commissioner Rice to hold the private meeting. Motion carried unanimously.
Mr. Shillinger also discussed a Complaint for Declaratory Relief in the case Florida Key
Deer, William MaIlers, and Curtis Brown v. Gale Norton, in her official capacity as Secretary of
the United States Department of the Interior, Case #05-10063, Motion was made by
Commissioner McCoy and seconded by Commissioner Neugent authorizing the County Attorney
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to file a Motion to Intervene in the matter or obtain outside counsel to assist in the filing of Briefs,
Motion carried unanimously.
Commissioner Nelson excused himself from the remainder of the meeting.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator discussed implementation of a 5% salary increase
proposed during the Fiscal Year 2006 Budget Process to be effective retroactive to August 1,
2005, Sheila Barker, Administrative Services Director addressed the Board, After discussion,
motion was made by Commissioner Neugent to defer this matter to the September 7,2005 budget
hearing, Motion died for lack of a second. Motion was then made by Mayor Spehar and
seconded by Commissioner Rice authorizing the implementation of a 5% salary increase
retroactive to August 1,2005, Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner Rice Yes
Mayor Spehar Yes
Mayor Pro Tem McCoy Yes
Motion carried.
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval to rescind the Retainer Agreement between Monroe County and Jerry Coleman
approved at the July 20,2005 meeting, and authorized execution of Standard Legal Services
Agreement No. CAY-CON-2005-07-01 between Monroe County and Jerry Coleman for Legal
Services for the Workforce Housing Committee, as amended, retroactive to the 1 st billing date.
Motion carried unanimously, with Commissioner Nelson not present.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution to amend the Fleet
Management Fund, Fund #504, for the Fiscal Year beginning October 1,2004, and ending
September 30,2005. There was no public input. Motion was made by Commissioner Rice and
seconded by Commissioner McCoy to adopt the following Resolution. Motion carried
unanimously, with Commissioner Nelson not present.
RESOLUTION NO. 322-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance adopting the
amendments to the Monroe County Code creating a new Section 9.5-260.1 Tavernier Historic
District Overlay and amending Section 9,5-452 definitions and Section 9,5-456 Certificates of
Appropriateness; adopting by reference the Tavernier Historic District Preservation Guidelines
and amending the Land Use District Map to designate the Tavernier Historic District as the
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Tavernier Historic District Overlay; establishing the Tavernier Historic District Overlay and
adopting standards and guidelines for the review of development projects; adding definitions and
providing for certificates of appropriateness for certain development in the Tavernier Historic
District; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation
in the Monroe County Code of Ordinances; directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and, providing for an effective date. The Board accepted public input with the following
individuals addressing Board: Gus Cairo, George Wilson, and George Born, representing the
Historic Florida Keys Foundation, Planning Director, Marlene Conaway addressed the Board,
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Neugent to adopt the following Ordinance. Motion carried unanimously, with Commissioner
Nelson not present.
ORDINANCE NO. 019-2005
Said Ordinance is incorporated herein by reference,
A Public Hearing was held to consider adoption of an Ordinance adopting the
amendments to the Monroe County Code creating a new Section 9.5-260.2 Tavernier Creek to
mile marker 97 US, Highway 1 Corridor District Overlay; adopting by reference the Tavernier
Creek to mile marker 97 US, Highway 1 Corridor Development Standards and Guidelines and
amending the Land Use District Map to designate the Tavernier Creek to mile marker 97 US.
Highway 1 Corridor including the community center as the Tavernier Creek to mile marker 97
US. Highway 1 Corridor District Overlay; establishing the Tavernier Creek to mile marker 97
U, S. Highway 1 Corridor District Overlay and adopting standards and guidelines for the review of
development projects; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation in the Monroe County Code of Ordinances; directing the Planning and
Environmental Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and, providing for an effective date. The Board accepted
public input with the following individual addressing the Board: George Wilson. Motion was
made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following
Ordinance. Motion carried unanimously, with Commissioner Nelson not present.
ORDINANCE NO. 020-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing to consider 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. The Planning
Department is requesting that this item be postponed to the October 19,2005 Board meeting
because the Planning Commission continued the discussion of this item to the Marathon Planning
Commission meeting on September 14, 2005, Motion was made by Commissioner Rice and
seconded by Commissioner Neugent to continue the Public Hearing to the October 19,2005
meeting of the Board, Motion carried unanimously, with Commissioner Nelson not present.
Growth Management Director, Tim McGarry discussed the conceptual agreement
approved earlier today with the Department of Community Affairs. Mr, McGarry indicated that
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amendments to the Comprehensive Plan would need to be considered. The Board agreed to hold
a Public Hearing on September 22,2005 at 9:00 a.ffi. at the Marathon Government Center.
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
JlaJd c-. ~Xf~
Isabel C. DeSantis, Deputy Clerk