09/28/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/216
Regular Meeting
Board of County Commissioners
Wednesday, September 28,2005
Marathon, Florida
A Closed Attorney - Client Session convened at 8:30 AM. on the above date with the
Regular Meeting of the Monroe County Board of County Commissioners convening at 9:00
AM., at the Marathon Government Center. Present and answering to roll call were
Commissioner Charles "Sonny" McCoy, Commissioner George R. Neugent, Commissioner David
P. Rice, and Mayor Dixie M. Spehar. Commissioner Murray E. Nelson arrived later in the
meeting. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Bob
Shillinger, Assistant County Attorney; Thomas Willi, County Administrator; County Staff,
members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
CLOSED SESSION
Mayor Spehar announced pursuant to Florida Statute, the following was closed to the
public: An attorney-client closed session to be held with the Board, County Administrator Tom
Willi, Assistant County Attorney Bob Shillinger, outside counsel for the County, Wayne Smith,
Esq., and a certified court reporter to discuss the Monroe County v. Post, Buckley, Schuh &
Jernigan litigation.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's proclamation observing the week of October 9 - 15,2005 as
"Fire Prevention Week."
Presentation of Mayor's proclamation observing the month of September as "National
Alcohol and Drug Recovery Month."
Presentation of Mayor's proclamation observing the month of October as "National Down
Syndrome Awareness Month."
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Presentation of Mayor's proclamation observing the week of October 2 - 8 as "National
4-H Week in Monroe County.
Presentation of Mayor's proclamation observing the month of October as "United Way
Month. "
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the following items by unanimous:
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Independent Mortgage and Finance Company, Inc. for office space for the Technical
Support staff of the 16th Judicial Circuit, pending Lessor's approval.
Board granted approval to officially terminate the Contract with Robbies Safe Harbor
Marine Enterprises, Inc., for beach cleaning, maintenance & beautification services at Higgs
Beach, Veterans Beach and Harry Harris Park, and granted approval to award bid and execute a
Contract between Monroe County and Evans Environmental & Geological Science &
Management, LLC (EE&G) for beach cleaning, maintenance and beautification of Higgs Beach,
pending contractor's approval.
Board granted approval to waive Monroe County Purchasing Policies and Procedures and
authorized the purchase of data storage equipment from Dell in the amount of$53,999.99.
Bord granted approval of the receipt of monthly report on Change Orders reviewed by the
County Administrator. There were four (4) change orders considered and approved by the
County Administrator for the period of 08/02/05 - 09/06/05,
Board granted approval and authorized execution of a Contract between Monroe County
and Community Asphalt in the amount of $2,353.351.50 Big Pine Key Roads X, subject to
approval by the County Attorney, OMB/Purchasing and Risk Management.
Board granted approval and authorized execution of Monroe County Art in Public Places
Award Agreement in the amount of $72,300 with James T. Russell for an exterior sculpture 6'
highly polished stainless steel on 2' steel reinforced black granite pedestal, totaling 8 feet high at
the Freeman Justice Center.
Board granted approval and authorized execution of Monroe County Art in Public Places
Award Agreement in the amount of $10,800 with Garry Price for a stacked glass and steel
sculpture( s) to be positioned in from of a window and visible immediately upon stepping off the
elevator at the Freemen Justice Center
Board granted approval to purchase Specific Excess Workers' Compensation Insurance
from Safety National Casualty Corporation at a rate of .2591 per $100 of payroll for a projected
annual premium in the amount of$158,377.00 for FY 05/06. Waiver of purchasing policy is
requested to the extent that a change in carrier only requires a waiver. (Broker remains
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unchanged); and granted approval to renew the Accidental Death & Dismemberment Policy with
Hartford Life & Accident Insurance Company in the Amount of $2,822.00.
Board granted approval to renew contract with PGCS (Preferred Governmental Claims
Solutions) for third party administration of the Workers Compensation program on a fee for
service basis. Said fee schedule, Attachment "A" is incorporated herein by reference.
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. 333-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 145-2005 (OMB Schedule Item No.2).
RESOLUTION NO. 334-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 119-2005 (OMB Schedule Item No.3).
RESOLUTION NO. 335-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 336-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 337-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 282-2005 (OMB Schedule Item No.6).
RESOLUTION NO. 338-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 339-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 340-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 341-2005
Said Resolution is incorporated herein by reference.
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Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 342-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 343-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 344-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 345-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 346-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 347-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 348-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 349-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 350-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 351-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 352-2005
Said Resolution is incorporated herein by reference.
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Board granted approval of a three year contract joinder for prescription benefit
management services with Walgreens Health Initiatives (WHP) through Keys Physician-Hospital
Alliance (KPHA) and waiver of bid policy. Current Contract terminates September 30,2005,
Board granted approval and authorized execution of the Residential Substance Abuse
Treatment Funds Agreement between Monroe County and the Care Center for Mental Health for
the Monroe County Jail Incarceration Program, using funds provided under the Residential
Substance Abuse Treatment Grant, for the period from March 15, 2004 through March 14,2005.
Board granted authorization for the Mayor to execute the Certification of Acceptance of
Subgrant Award for the Monroe County Jail Incarceration Program, using funds provided under
the Residential Substance Abuse Treatment Grant, for the period from September 1, 2005
through August 31, 2006.
Board granted approval and authorized execution of Purchase Service Order No.
04/05-24 between Monroe County and URS for disadvantaged Business Enterprise
Implementation for FY 05/06.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Federal Express Corporation for operations at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of a Contract between Monroe County
and Koch Corporation for the Noise Insulation Program Phase 4 construction, for the Key West
International Airport.
Board granted approval and authorized execution of Professional Service Order NO.3
between Monroe County and THC, Inc. for the Noise Insulation Program Phase 4 Construction
Services, for the Key West International Airport.
Board granted approval and authorized execution of Professional Service Order NO.4
between Monroe County and THC, Inc. for the Noise Insulation Program Phase 5 Design
Services, for the Key West International Airport.
Board granted approval of award of bid to Across Builders Corp. in the amount of
$144,116.00, for the Terminal Canopy Project at the Florida Keys Marathon Airport, and
approval for the Mayor to execute the Contract pending review by theCounty Attorney.
Board adopted the following Resolution authorizing the execution of a Grant Agreement
with the Florida Department of Environmental Protection for the acceptance of Small County
Solid Waste Grant Funds.
RESOLUTION NO. 353-2005
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Beyer Funeral Home to lease premises for use as Medical Examiner facilities
for an additional one year period, effective October 1, 2005, at $215.00 per month, total of
$2,580.00 per year.
Board granted approval and authorized execution of a State and Federally Funded
Sub grant Agreement between Monroe County and the Florida Department of Community Affairs
concerning an Emergency Management Base Grant (Contract #06BG-04-11-54-01-098) in the
amount of$105,806.
Board granted approval to reject all bids received on June 30,2005 for the maintenance of
Monroe County Fire Rescue fire apparatus, including preventative maintenance, unscheduled
maintenance and annual pump testing and approval to re-advertise for sealed bids with a thirty
(30) day turn around time from the date of advertisement.
Board accepted the Monroe County Length of Service Award Program (LOSAP)
actuarial valuation report for the Plan Year 2005.
Board adopted the following Resolution authorizing each participant in the Length of
Service Awards Program (LOSAP) to be credited with an additional year of service.
RESOLUTION NO. 354-2005
Said Resolution is incorporated herein by reference,
Board granted approval and authorized execution of an Extension and Amendment of
Lease as a month-to-month holdover for 1315 Whitehead Street for the 16th Judicial Circuit Drug
Court Program.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Harry S. Truman Foundation, Inc. to extend agreement
to February 1, 2006 to allow time to complete the project.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Islamorada, Village of Islands to extend agreement to
September 30,2006.
Board granted approval of Florida Keys Council of the Arts 2006 Cultural Umbrella
Representatives, as follows: Shirley Freeman, District 1; Sherry Phillips, District 2; Claire Lang,
District 4; Tom Butler, District 5; and Marianne Motches, District 3.
Board granted approval and authorized execution of an Agreement between Monroe
County and Cooke Communications LLC, a Delaware Limited Liability Company, DBA
FloridaKeys. com and Key West. com to provide web site services which promote tourism from
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October 1,2005 through to September 30,2008 within an option to extend for an additional two
year period.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution applauding the Ocean Conservancy & Clean
Florida Keys for their efforts in organizing and carrying out a keys-wide beach cleanup to take
place on 17 September, 2005.
RESOLUTION NO. 355-2005
Said Resolution is incorporated herein by reference.
Board granted approval of a Task Assignment Notification Form, Florida Department of
Environmental Protection, Contract No. PL029 to contract for removal of invasive exotic plant
species along the Florida Keys Overseas Heritage Trail on DOT Right-of-Way.
Board granted approval of grant funding from the Florida Department of Environmental
Protection for contracted removal of Australian Pines on Monroe County conservation lands.
Board granted approval of grant funding from Florida Department of Environmental
Protection for removal of Invasive Exotic Plants on Monroe County conservation lands using
invasive exotic plant technicians.
Board granted approval of a request by Monroe County Airport Services for a floodplain
variance to Section 9.5-317(3)b.(i) in order to construct an 11,800 square foot hangar below
flood elevation at the Marathon Airport.
Board adopted the following Resolution directing Staff of the Growth Management
Division to continue the policy of deferring the acceptance and processing of development
applications and the issuance of development approvals for the Tavernier Historic District and for
the U.S. Highway 1 Corridor from Tavernier Creek to mile marker 97; deferring the acceptance
of development applications until design standards and guidelines which have been adopted by the
Board of Monroe County Commissioners become effective or until the passage of90 days from
the date of this Resolution whichever occurs first; directing staff to continue preparation of new
land development regulations.
RESOLUTION NO. 356-2005
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF'S OFFICE
Board granted approval of the request for Expenditures from the Law Enforcement Trust
Fund in the amount of$12,359.00, as follows:
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$6,259.00 MCSO - Items to be distributed to adults and children at juvenile, county
and kids day fairs and Crime Watch Meetings throughout Monroe County. Also, items to be
given out by our Marine Unit to distribute during boat safety checks and inspections.
$5,000.00 FKCC - Russell Sullivan Scholarship. To continue the educational
scholarships for Monroe County Law Enforcement employees.
$1,100.00 500 Sublimated Mouse Pads to be handed out to all Neighborhood Crime
Watch Chairpersons throughout the County and will also be distributed to selected managerial
and supervisory personnel, as well as visiting dignitaries.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution providing for a subordination of mortgage for
property encumbered by a mortgage to Monroe County in conjunction with the Monroe County
State Housing Initiatives Partnership (SHIP) Program.
RESOLUTION NO. 357-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution to approve amending the awarded Community
Development Block Grant (CDBG), and authorized execution of Modification NO.3 to Grant
Agreement (03DB-1A-11-54-01-H32) between Monroe County and the Department of
Community Affairs.
RESOLUTION NO. 328A-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution to increase charges for birth and death
certificates.
RESOLUTION NO. 358-2005
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Rice's re-appointment ofLynn Mapes to the
Planning Commission.
COUNTY CLERK
Board granted approval of the following Warrants (115913-117309 & 208612-208815):
General Fund (001), in the amount of$1,793,392.61; Sup to General Revenue (002), in the
amount of$19,350.00; Fine & Forfeiture Fund (101), in the amount of $2,967,083.28; Road
and Bridge Fund (102), in the amount of$89,533.87; TDC District Two Penny (115), in the
amount of$430,731.75; TDC Admin. & Promo 2 Cent (116), in the amount of$401,794.12;
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TDC District 1, 3 Cent (117), in the amount of $344,230.27; TDC District 2, 3 Cent (118), in
the amount of$29,278.28; TDC District 3, 3 Cent (119), in the amount of$176,211.84; TDC
District 4, 3 Cent (120), in the amount of$77,338.25; TDC District 5, 3 Cent (121), in the
amount of$61,208.00; Gov. Fund Type Grants (125), in the amount of $413,734.84; Fire &
Amb Dist 1 L&M Keys (141), in the amount of$189,973.34; Upper Keys Health Care (144),
in the amount of$1,454.28; Fire & Amb Dist 6 Key Largo (146), in the amount of
$335,391.27; Uninc Svc Dist Parks & Rec (147), in the amount of $40,594.02; Plan, Build,
Zoning (148), in the amount of $289,927.41; Municipal Policing (149), in the amount of
$478,588.13; 911 Enhancement Fee (150), in the amount of$32,276.25; Local Housing
Assistance (153), in the amount of$145,887.85; Boating Improvement Fund (157), in the
amount of$61,512.67; Misc. Special Revenue Fund (158), in the amount of $49,689. 14; Law
Enforcement Trust (162), in the amount of$37,073.52; Marathon Municipal Service (166), in
the amount of$125,065.55; Key Largo Wastewater MSTU (170), in the amount of$77,883.07;
1 Cent Infra Surtax (304), in the amount of$3,356,873.11; Clerks Rev Note, Capital (306),
in the amount of$14,732.46; 2003 Revenue Bonds (307), in the amount of$1O,775.13; Card
Sound Bridge (401), in the amount of$18,986.31; Marathon Airport (403), in the amount of
$207,342.82; Key West IntI. Airport (404), in the amount of $1,327,006.43; MSD Solid Waste
(414), in the amount of$1,103,792.32; Worker's Compensation (501), in the amount of
$3,179.18; Group Insurance Fund (502), in the amount of$181,820.33; Risk Management
Fund (503), in the amount of $56,205.42; Fleet Management Fund (504), in the amount of
$215,686.71.
Board granted approval of Tourist Development Council Expenditures for the month of
August, 2005: Advertising, in the amount of$870,809.34; Visitor Information Services, in the
amount of$48,916.64; Events, in the amount of$160,581.26; Office Supplies & Oper Costs, in
the amount of$67,789.13; Personal Services, in the amount of$65,714.62; Public Relations, in
the amount of$143,842.57; Sales & Marketing, in the amount of$45,748.87; Telephone &
Utilities, in the amount of$4,089.38; Travel, in the amount of$8,182.25.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
Board granted official approval of the Board of County Commissioners Minutes from the
Special meeting of July 25,2005 and Regular meeting of August 17,2005 (previously
distributed).
Board granted approval of the Public Notice of Unclaimed Money pursuant to F.S.
116.21(2).
COUNTY ADMINISTRATOR
Board granted approval of the ratification of the Notice to Proceed and Task Order(s)
with DRC, Inc. to perform debris management services within Monroe County as a result of
Hurricane Katrina.
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Board granted approval of the ratification of 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 Katrina.
Board adopted the following Resolution with respect to reimbursement of certain costs
relating to the acquisition, construction and equipping of various capital improvements at the Key
West International Airport.
RESOLUTION NO. 359-2005
Said Resolution is incorporated herein by reference.
Board granted approval of a request to apply for Florida Department of State, Division of
Library and Information Services grant funds, accept the funds if awarded, and authorization for
the County Administrator to execute the Fiscal Year 2006 FDLS Public Library Construction
Grant application; and, authorization for the Grants Administrator to proportionately apply any
reductions or increases in amounts required by FDLS to applicants relative to amounts approved;
adoption of the following Resolution authorizing the submission of a Grant Application to the
Florida Department of State, Division of Library Services 2006 Public Library Construction
Grants Program.
RESOLUTION NO. 359a-2005
Said Resolution is incorporated herein by reference.
Board granted approval to continue with pay program, plus flight pay, for IAFF
represented employees for Fiscal Year 2006.
Board granted approval of the re-appointment of Kerry Shelby, C.P.A. to the Health
Council of South Florida Board of Directors, commencing on September 21,2005, and expiring
on October 14, 2007.
Board granted approval of the appointment of Debra Walker, Ph.D. to the Health Council
of South Florida Board of Directors, commencing September 21,2005 for a term of two years.
Board granted approval of the appointment ofUBS Financial Services as the Underwriter
on the Key West Airport Bonds issues, for the hew McCoy Terminal Complex.
Board ratified the signing of a Letter of Engagement with RW. Beck, Inc., dated
September 22, 2005 to perform debris management and disaster related services to Monroe
County as a result of Hurricane Rita.
Board ratified the signing of a Letter of Engagement with D.RC., Inc., dated September
22,2005 to perform debris management services within Monroe County as a result of Hurricane
Rita.
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Board adopted the following Resolution setting Policy for Compensation for Public
Emergency Work and rescinding Resolution No. 310-2005.
RESOLUTION NO. 359b-2005
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance authorizing a lump sum years of service
award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of
fire, rescue and emergency medical services to the residents and visitors of Monroe County and
whom each have reached the age of sixty; 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.
Board granted approval to accept renewal with VFIS to provide Portable Equipment and
Emergency Apparatus Insurance at a premium of$54,905 to be paid in four quarterly payments.
Board granted approval to accept proposal from the Florida Municipal Insurance Trust
Agreement #386 at a premium of$293,758 to be paid in quarter installments of $73,400.
Board granted approval to reject the settlement offer in Monroe County v. Dorothy
Hough, et ai, Case No. CA P 05-160.
Board granted approval and authorized execution of a Gas Tax Interlocal Agreement
between Monroe County and the municipalities ofIslamorada, Key Colony Beach, Layton, and
the City of Marathon for the sharing of gas tax.
Board granted approval to institute collection proceedings and/or enter settlement
negotiations with South Florida Council, Inc., Boy Scouts of America in Code Enforcement Case
No. M8-02-278.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner
Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a
Consent to Assignment and Amendment of Non-exclusive Agreement between Monroe County
and Clear Channel Outdoor, formerly known as Eller Media Company for selling and placing
advertising at bus shelterslbenches located in State right-of-way. Motion carried unanimously.
Administrative Services Director, Sheila Barker addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice granting
approval and authorizing execution of an Amendment to the Interlocal Agreement between
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Monroe County and the Monroe County Sheriffs Office for Teen Court Funding. Motion carried
unanimously.
Public Safety Director, Reggie Paros addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Rice that the action taken at the
August 17,2005 BOCC meeting be clarified to add language that the intent of that amendment to
agreement will apply retroactively for Waste Management. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
amend the contract with Mid-Keys removing the audit requirement retroactively to the effective
date of the agreement 10/1/0, authorized execution of said amendment. Motion carried
unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of the replacement of Exhibit II of all four (4) existing franchise contracts to
reflect Fiscal Year 2006 residential and commercial collection rates upon final adoption after
Public Hearing this date. Motion carried unanimously.
Mayor Spehar discussed a request concerning the possibility of Monroe County having the
same large trash bins which are provided to the residents in the City of Key West. Mr. Paros
addressed the Board.
Monroe County Airports Director, Peter Horton addressed the Board. After discussion,
Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting
approval and authorizing execution of a Sixth Amendment to Lease Agreement between Monroe
County and Grantair Service, Inc., Fixed Base Operator (FBO), at Florida Keys Marathon
Airport.
TOURIST DEVELOPMENT COUNCIL
The Board discussed the approval of one (1) "At Large" appointment to the Tourist
Development Council District III Advisory Committee. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to continue the item to the Board
meeting in Key West on October 19,2005. Motion carried unanimously.
STAFF REPORTS
Fire Rescue - Clark Martin, Fire Chief discussed the delivery of two new 2005 Pierce
Custom Saber Pumper Fire Trucks and indicated that they would be on display today outside of
the Marathon Government Center for viewing. Commissioner Neugent requested Mr. Martin
return to this Board with information
Engineering - Dave Koppel, County Engineer reported to the Board that hurricane debris
removal as a result of Hurricane Rita began on Monday, September 26,2005. Mr. Koppel then
discussed the contract approved today concerning road improvements on Big Pine Key Roads;
Status of the Big Pine Key Park and construction of new bike paths; Status of the bridge deck
replacement project at Key Colony Beach; Status of the Contract with the Morganti Group for
construction of the new McCoy Terrninal Complex at the Key West International Airport (item
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was deleted from today's agenda); and, the Interlocal Agreement approved today with the
municipalities of Islam orad a, Key Colony Beach, Layton, and the City of Marathon for the
sharing of gas tax.
Mayor Spehar requested the status of the Big Pine Key Fire Station - Mr. Koppel
indicated that the County was still waiting on the final plans from the architect.
Commissioner Nelson discussed the accumulation of debris at the Quay Property.
Commissioner Neugent discussed interest by the City of Key West in purchasing an area at
the T oppino property on Rockland Key for a debris/transfer station.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Tim McGarry addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the
following Resolution authorizing the Monroe County Land Steward to take over and complete
the mitigation obligations of the Key Largo Wastewater Treatment District for the authorized
clearing of the District's Treatment Plant Site at mile marker 100.5 and authorizing the Land
Steward to utilize funds made available to the District by the BOCC on 18 August 2004 at its
regular meeting so that funds are available to the Land Steward to complete the mitigation effort.
Motion carried unanimously.
RESOLUTION NO. 360-2005
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
accept the Growth Management Litigation Report from Derek V. Howard, Esq., of the Law
Offices of Morgan & Hendrick, dated September 1, 2005. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item for direction to Staff to begin the rezoning
process for recently purchased properties (Burton Dr. and Cudjoe Key) rezoning each parcel to
yield the highest density to accommodate a proposed use as multifamily property. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent
directing Staff to begin the process of an RFQ to accommodate a proposed use as multifamily
property at the existing density of 15 per acre. Roll call vote was unanimous.
The Board discussed the Affordable Housing meeting with Ed Swift scheduled for
September 30,2005; the Burton Drive property on Cudjoe Key, the Drive Inn property on Stock
Island; and the Harris School Property in Key West. Bill Lowey, representing Habitat for
Humanity of the Lower Keys addressed the Board.
Commissioner Neugent discussed his item concerning approval of a Resolution endorsing
the 11- mile elevated "Skyway Over the Everglades" (Tamiami Trail) alternative in the modified
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waters delivery project. The following public speakers addressed the Board: John Adornato,
representing National Parks Conservation Association, Thomas Van Lent, representing The
Everglades Foundation, Mary Barley, representing the Everglades Foundation. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the
following Resolution and, that this Board accept the offer made by Dr. Thomas Van Lent to
attend the meetings concerning Everglades Restoration and report back to this Board, on a pro
bono basis. Motion carried unanimously.
RESOLUTION NO. 360a-2005
Said Resolution is incorporated herein by reference.
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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
Mr. Martin informed the Board of the delivery of two new 2005 Pierce Custom Saber Fire
Trucks.
Motion was made by Commissioner Rice and seconded by Mayor Spehar granting
approval and authorizing execution of a Renewal Agreement between the Board of Governors of
Fire and Ambulance District 1 and Roy Khanna for maintenance of Fire Rescue vehicles
(Ambulances) including inspections, preventative maintenance, and unscheduled maintenance and
repairs resulting from failure or malfunction, effective October 1,2005 through September 30,
2006. Motion carried unanimously, with Councilman John Cromartie not present.
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.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item to determine if the Commission wants to hold a
Special Meeting to determine if the Commission wants to amend with the DCA on the one acre
size limit on protected Tier III properties or eliminate the no break other U.S. 1 Rule. Mr.
McGarry addressed the Board. The Board concurred to address this matter after the Cabinet
Meeting.
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WASTEWATER ISSUES
Glenn Patton addressed the Board. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Nelson to adopt the following Resolution to assist the
Florida Keys Aqueduct Authority in the financing of wastewater system projects to serve Lower
Keys Wastewater Districts in Unincorporated Monroe County. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Nelson to adopt the following
Resolution. Roll call vote was unanimous.
RESOLUTION NO. 361-2005
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
rescind BOCC action concerning item L3 (ILA between Monroe County and the FKAA) of the
April 20, 2005 Board meeting. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution setting forth principles critical to the completion of wastewater
projects in the unincorporated County. Roll call vote was unanimous.
RESOLUTION NO. 362-2005
Said Resolution is incorporated herein by reference.
Attorney Brian P. Armstrong, Monroe County's Bond Counsel addressed the Board.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Neugent granting approval and authorizing execution of a Lease Agreement between Monroe
County and the Florida Keys Aqueduct Authority relating to certain lands for the construction,
equipping and operation thereon of a wastewater and sewer system. Roll call vote was
unarumous.
The Board then discussed additional wording in the Lease Agreement, as follows:
Page 6, Line 20 - "Lessor Bonds" shall mean the bonds or other debt obligations to be
issued by Monroe County, Florida to the limits of (a) the bonding capacity of the infrastructure
sales surtax received by the Lessor and (b) the County's ability to levy special assessments in an
amount not to exceed $4,500 per EDU
County Administrator, Tom Willi; Kirk Zuelch, Florida Keys Aqueduct Authority's
General Counsel; and Assistant County Attorney, Bob Shillinger addressed the Board. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
authorizing execution of the agreement as amended, subject to approval by the FKAA. Roll call
vote was unanimous.
Commissioner Rice excused himself from the remainder of the meeting.
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SOUNDING BOARD
Kris Duszka addressed the Board concerning HCP for Big Pine Key. No official action
was taken by the Board.
COUNTY ADMINISTRATOR
Mr. Willi addressed the Board. Bill Pfeiffer, Esq., Lobbyist discussed Monroe County's
legislative agenda for the 2006 Session. Commissioner Neugent discussed Monroe County
fishermen who have been devastated by the recent hurricanes. Commissioner Nelson discussed
affordable housing and wastewater funding.
The Board accepted the County Administrator's County Divisions' Monthly Activity
Report for August, 2005.
Commissioner Nelson and Mayor Spehar discussed their trip to Tallahassee on September
7,2005 to meet with the Governor and the Cabinet.
R 7 /8 Mr. Willi addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Nelson granting approval and authorizing execution of a
Professional Services Agreement between Monroe County and Carroll Consulting, Inc. for
Organizational and Management Consulting Services; and a Professional Services Agreement
between Monroe County and Advanced Data Solutions, Inc. for IT Consulting Services. Roll
vote was unanimous, with Commissioner Rice not present.
PUBLIC HEARINGS
A Public Hearing was held to consider the adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of Coxon Lane
Turn-around, according to the plat of Cutthroat Harbor Estates First Edition, Plat Book 5, Page
50 of the Public Records of Monroe County, Florida (Cudjoe Key). There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution. Motion carried unanimously, with Commissioner Rice not present.
RESOLUTION NO. 363-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider the adoption of an Ordinance of the Board of
County Commissioners of Monroe County, Florida amending Chapter 2 of the Monroe County
Code entitled "Administration" by amending Section 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 Section 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
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effective date. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried
unanimously, with Commissioner Rice not present.
ORDINANCE NO. 026-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held declaring that an emergency exists and waiving notice by a
four-fifths vote concerning the consideration of an Ordinance by the Board of County
Commissioners of Monroe County, Florida, authorizing payment to an appropriate relief agency
for aid to areas devastated by Hurricane Katrina; Providing for the repeal of all Ordinances
inconsistent herewith; and Providing an effective date; and approval of a Resolution to transfer
funds. There was no public input. Assistant County Attorney, Shillinger; County Clerk, Danny L.
Kolhage; and County Administrator, Tom Willi addressed the Board. Commissioner Nelson
excused himself from the meeting. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner McCoy to continue the Public Hearing to the Board's meeting in
Key West on October 19, 2005. Motion carried unanimously, with Commissioner Rice and
Commissioner Nelson not present.
Commissioner Nelson returned to the meeting and took his seat.
Mr. Shillinger addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner McCoy to advertise the above Ordinance for a Public Hearing to be
held at the Harvey Government Center in Key West on October 19, 2005. Motion carried
unanimously,
COUNTY ATTORNEY
Assistant County Attorney, Bob Shillinger addressed the Board concerning his written
Litigation Report, dated September 15, 2005. In addition, the Board and Mr. Shillinger
discussed the Walgreens & Gadinsky vs. Monroe County litigation. Mr. Shillinger was directed
to seek mediation and bring back to this Board a possible proposal for consideration. Mr.
Shillinger also discussed the Closed Session held this morning concerning Post Buckley Schuh &
Jernigan and requested a second Closed Session. The Board authorized the scheduling of a
second closed session concerning the PBS&J matter to be held on October 19, 2005 at 8:30 a.m.
at the Harvey Government Center in Key West.
COUNTY ADMINISTRATOR
Mr. Willi addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson authorizing the County Administrator to
negotiate with Robbie Reckwerdt for the purchase of a portion of his Safe Harbor property
conditioned upon the future use as a County Port Facility and accessory uses including affordable
housing, subject to Board approval. Motion carried unanimously, with Commissioner Rice not
present.
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COUNTY ATTORNEY
Mr. Shillinger made a presentation to Board of settlement options in Monroe County v.
Dirk Damrau, Case No. CA K 05-667; and authorization for Staff to settle case for $4,748.00.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting
approval per Staff to reject the offer and counter offer to settle in the amount of$4,748. Motion
carried unanimously, with Commissioner Rice not present.
Mr. Shillinger addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson granting approval and authorizing execution of a Contract
Amendment between Monroe County and The Tower Group, Inc., which removes the
requirement that the architect approve Change Orders for the Freeman Justice Center Project.
Motion carried unanimously, with Commissioner Rice not present.
Mr. Shillinger discussed with the Board establishing procedures regarding CNA
recommendations of the Special Master. After consideration, the Board continued the matter to
the October 19, 2005 BOCC meeting in Key West.
Mr. Shillinger addressed the Board, Motion was made by Commissioner Neugent and
seconded by Commissioner McCoy granting approval and authorizing execution of an Agreement
to retain Attorney William Brinton of Rogers Towers, P.A. to write a new sign regulation
Ordinance. This will include a review of the Comprehensive Plan, the Future Land Use Element,
the Future Land Use Map, existing sign code, zoning regulations, preparation of a draft
Ordinance, meeting with the Staff for review, attendance at a Planning Commission Meeting and
BOCC Meeting (1 or 2). Motion carried unanimously, with Commissioner Rice not present.
MISCELLANEOUS
Commissioner McCoy discussed video-conferencing of Board meetings from remote
locations. Mr. Willi addressed the Board.
BUDGET PUBLIC HEARINGS
Sal Zappulla, Budget Director announced the 2006 Millage Rates. Said millage sheet is
incorporated herein by reference.
County Administrator, Tom Willi gave a presentation concerning the 2006 Monroe
County Budget.
The Board accepted public input concerning the tentative Fiscal Year 2006 Budget. The
following individuals addressed the Board: Kelly Grinter and Susan Ward, representing the
Marathon Wild Bird Center; Martin Groffman, and Virginia Panico, representing the Key West
Chamber of Commerce.
There were no amendments made to the Tentative Fiscal Year 2006 Budget.
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A Public Hearing was held to consider adoption of a Resolution establishing the final per
month Solid Waste Collection, Disposal, and Recycling Service Rates for commercial property in
the various solid waste collection franchise areas for Fiscal Year 2006. There was no public
input. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
adopt the following Resolution. Motion carried unanimously, with Commissioner Rice not
present.
RESOLUTION NO. 364-2005
Said Resolution is incorporated herein by reference.
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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, Mayor Dixie Spehar, and Chairman
Kevin Madok. Absent was Councilman John Cromartie and Commissioner David P. Rice.
There was no public input concerning the District 1 Tentative Fiscal Year 2006 Budget.
There were no amendments made to the Board of Governors Tentative Fiscal Year 2006
Budget.
Chairman Madok announced the District 1 amended roll-back millage rate, percent
increase over roll-back rate and final millage rate.
Motion was made by Commissioner Neugent and seconded by Mayor Spehar to adopt the
following Resolution approving the final millage rates for Fiscal Year 2006. Roll call vote was
unanimous, with Commissioner Rice and Councilman Cromartie not present.
RESOLUTION NO. 329-2005
Said Resolution is incorporated herein by reference.
Motion was made by Mayor Spehar and seconded by Commissioner Neugent to adopt the
following Resolution approving the final budget for Fiscal Year 2006. Roll call vote was
unanimous, with Commissioner Rice and Councilman Cromartie not present.
RESOLUTION NO. 330-2005
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.
Mr. Zappulla announced the amended roll-back millage rates, percentage increases over
roll back rates and final millage rates.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to
adopt the following Resolution approving the final millage rates for Fiscal Year 2006. Roll call
vote was unanimous, with Commissioner Rice not present.
RESOLUTION NO. 331-2005
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution approving the final budget for Fiscal Year 2006. Roll call vote
was unanimous, with Commissioner Rice not present.
RESOLUTION NO. 332-2005
Said Resolution is incorporated herein by reference.
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
lla-LJ2c.l9vM~
Isabel C. DeSantis, DePuty Clerk