11/16/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/260
Regular Meeting
Board of County Commissioners
Wednesday, November 16, 2005
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Key Largo Library. Present and answering to roll call were Commissioner
Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. Neugent,
Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present were Isabel C. DeSantis,
Deputy Clerk; Richard Collins, County Attorney; Thomas Willi, County Administrator; County
Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
PRESENTATION
A presentation was made to Mayor Dixie M. Spehar in appreciation for her outstanding
dedication and service to the Citizens of Monroe County.
CALL TO ORDER OF THE
2006 BOARD OF COUNTY COMMISSIONERS
COMMISSION ORGANIZATION
Motion was made by Mayor Spehar and seconded by Commissioner Nelson nominating
Commissioner McCoy as Mayor and Commissioner Nelson as Mayor Pro Tern of the
Commission.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
nominate Commissioner Rice as Mayor.
The Board proceeded to ballot on the selection of the Mayor with the following results:
Name McCoy Nelson Neugent Rice Spehar Total
McCoy X X X 3
Rice X X 2
Based on the above results, Commissioner McCoy was selected as the Mayor.
Commissioner Nelson was selected as Mayor Pro-Tern by acclamation.
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Resolution electing the Mayor/Chairperson and Mayor Pro Tern for the Board of County
Commissioners for 2005-2006. Motion carried unanimously.
RESOLUTION NO. 392-2005
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
adopt the following Resolution authorizing the Mayor/Chairperson to sign all legal papers on
behalf of the County and extending for 60 days the presently authorized signature. Motion
carried unanimously.
RESOLUTION NO. 393-2005
Said Resolution is incorporated herein by reference.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting
approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation proclaiming Sunday, December 11, 2005 as
Children's Memorial Day.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board adopted the following Resolutions concerning Transfer of Funds, Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 394-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 395-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 396-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 397-2005
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 398-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 399-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 400-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 401-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 402-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 403-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 404-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 405-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 406-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 407-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 408-2005
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Habitat for Humanity of Key West and the Lower Keys, Inc.
increasing the term of the Agreement by one year.
Board granted approval and authorized execution of the following Agreements between
Monroe County and with providers of programs funded by the Edward Byrne Memorial State and
Local Law Enforcement Assistance Formula Grant Funds Agreements, as follows: Monroe
County Education Foundation, Youth Challenge Gang and Violence Prevention in the total
amount of $29,620.00; United States Fellowship of Florida d/b/a Peacock Apartments,
Dual-Diagnosed Offender Housing Program in the total amount of$66,504.00; Care Center for
Mental Health, Family Treatment Drug Court in the total amount of$56,764.00; and Boys and
Girls Club, Gang Prevention Program in the total amount of$28,690.00.
Board granted approval and authorized execution of Certificates of Acceptance of
Subgrant Awards between Monroe County and the Florida Department of Law Enforcement for
programs funded by the Edward Byrne Justice Assistance Grant Programs, as follows: Monroe
Youth Challenge Middle School Program, Contract No. 2006-JAGC-MONR-3-M8-139, in the
total amount of$29,715.00; Family Treatment Drug Court, Contract No.
2006-JAGC-MONR-2-M8-135, in the total amount of$42,573.00; Peacock Apartments
Dual-Diagnosed Offender Housing, Contract No. 2006-JAGC-MONR-I-M8-138, in the total
amount of$49,878.00; and Girls and Boys SMART - Marathon Area, Contract No.
2006-JAGC-MONR-4-M8-136, in the total amount of$21,517.00.
Board granted approval of the Monroe County Public Library Annual Plan of Service
2006, submitted by Norma Kula, Director of Libraries, dated October 25, 2005.
Board granted approval to waive construction bond for the Terminal Canopy Project at
the Florida Keys Marathon Airport.
Board granted approval to waive Purchasing Policies and Procedures, and to accept a
Proposal from Government Services Group, Inc. (GSG), as outlined in Appendix B of proposal
dated 10/07/05, as a sole source to provide specialized assistance to the Solid Waste Management
Department.
Board granted approval to terminate the Lease at the Eaton Street Professional Center for
rental space for the offices of the Key West Public Defender, pending coordination of a Lease at
801 Eisenhower.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the sewage
treatment plant at the Plantation Key Government Complex.
Board granted approval of the receipt of 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 of 10/04/05 -11/01/05.
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Board granted authorization to issue direct payment to Pistorino and Alam for structural
inspections performed at the Freeman Justice Center, effective January 25, 2005.
Board granted approval to accept renewal with Arthur 1. Gallagher to provide Airport
Errors & Omissions Insurance at an annual premium of$19,789.
Board granted approval to continue dental and vision coverage through American
General, with staff to complete any forms necessary to do so.
Board granted approval and authorized execution of Addendum No.2 to Contract
between Monroe County and Keys Security, Inc. for services to the Duck Key Security District.
Board granted approval and authorized execution of a Contract for Law Enforcement and
Security Services at Key West International Airport between Monroe County and Monroe County
Sheriffs Office.
Board granted approval to concur with a Memorandum of Agreement between the Federal
Aviation Administration and the Florida State Historic Preservation Officer pursuant to 36 CFR
800 regarding proposed passenger terminal building expansion and associated construction of
elevated parking deck at the Key West International Airport Key West, Florida concerning
construction of the new McCoy Terminal Complex at the Key West International Airport.
Board granted approval and authorized execution of an Amendment to Extend Agreement
between Monroe County and G.A. Food Service, Inc. for a period not to exceed 90 days for
meals for the Monroe County Nutrition Program and Bayshore Manor Adult.
Board granted approval of the Transportation Agreement Amendment dated November
10, 2005 between Monroe County and JGT Transportation, Inc., executed by Irene Toner for
Tom 1. Willi, extending initial agreement dated October 29,2005 between Monroe County and
JGT Transportation until further notice. This amendment provided free transportation from
October 31, 2005 to November 14, 2005 which assisted residents that suffered vehicle losses
during the Hurricane Wilma surges.
Board granted approval for the Monroe County Public Libraries to close on Christmas
Eve, Saturday, December 24,2005.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and the National Marine Sanctuary Foundation covering the Florida Keys
Eco-Discovery Center Phase Two in an amount not to exceed $410,000, DAC I, FY 2006 Third
Penny Capital Project Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Gay and Lesbian Community Center of Key West, Inc. covering
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Pride Fest 2006 on June 3-11,2006 in an amount not to exceed $14,500, DAC I, FY 2006 Event
Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Miami Swordfish Tournament LLC covering the Islamorada
Swordfish Tournament on August 11-13,2006 in an amount not to exceed $15,000, DAC IV, FY
2006 Event Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Dolphin Research Center for the Dolphin Habitat and Tiki
Structure projects to March 31,2006.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Marathon for the Community Park Phase III
project to acquire land for the purpose of constructing an aquatic center to March 31, 2006.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Marathon for the Marathon Community Park
extending the Contract to March 31,2006.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Lower Keys Chamber of Commerce covering the Big Pine Key
Winterfest 2006 - Art and Music in a Natural Key on December 10, 2006 in an amount not to
exceed $3,000, DAC II, FY 2006 Event Resources.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Key West Botanical Garden Society, Inc. covering Phase I of the creation of
a nationally acclaimed bird watching and orchid tourist attraction in an amount not to exceed
$200,000, DAC I, FY 2006 Capital Project Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Tourist Development Association covering Fantasy Fest
2005 to revise dates and scope of services relating to the event.
Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Keys Community College and letters "FKCC" covering the Tennessee
Williams Theatre Theatrical Equipment Acquisition project in an amount not to exceed $12,000,
DAC I, FY 2006, Capital Project Resources.
DIVISION OF GROWTH MANAGEMENT
Board accepted the written Growth Management Litigation Report dated November 2,
2005 from Derek Howard, Esq., of the firm Morgan & Hendrick.
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COMMISSIONERS' ITEMS
Board granted approval of Commissioner Spehar's appointment of Christy Knowles as the
alternate appointment to the Florida Keys Council for People with Disabilities.
Board granted approval to issue a Purchase Order for a 36 month lease with Xerox for a
Work Center 2424DN under the Putnam County MAC Contract #071736301 for the District 4
BOCC to replace current copier on expiring lease.
Board adopted the following Resolution certifYing the Florida Keys Community Housing
and Land Trust, Inc. as a Community Housing Development Organization (CHDO).
RESOLUTION NO. 409-2005
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
September 1, 6, 7, 22 & 28, 2005 meetings (previously distributed).
Board granted approval of the following Warrants (118454-119416 & 208901-208975):
General Fund (001), in the amount of $2, 181,387.97; Fine & Forfeiture Fund (101), in the
amount of$3,173,963.90; Road and Bridge Fund (102), in the amount of $43,636.43; TDC
District Two Penny (115), in the amount of$123,810.19; TDC Admin. & Promo 2 Cent
(116), in the amount of$181,017.32; TDC District 1,3 Cent (117), in the amount of
$73,416.25; TDC District 2, 3 Cent (118), in the amount of$2,815.58; TDC District 3, 3 Cent
(119), in the amount of$6,932.61; TDC District 4, 3 Cent (120), in the amount of$6,056.56;
TDC District 5, 3 Cent (121), in the amount of$39,358.11; Gov. Fund Type Grants (125), in
the amount of$905,271.94; Fire & Amb Dist 1 L&M Keys (141), in the amount of
$119,885.75; Upper Keys Health Care (144), in the amount of $2,701.70; Fire & Amb Dist 6
Key Largo (146), in the amount of$69,955.82; Uninc Svc Dist Parks & Rec (147), in the
amount of $26,622. 13; Plan, Build, Zoning (148), in the amount of $74,671.38; Municipal
Policing (149), in the amount of$487,884.23; 911 Enhancement Fee (150), in the amount of
$26,840.75; Local Housing Assistance (153), in the amount of $80,298.24; Boating
Improvement Fund (157), in the amount of$45,768.08; Misc. Special Revenue Fund (158), in
the amount of$11,429.72; Law Enforcement Trust (162), in the amount of$15,859.00;
Marathon Municipal Service (166), in the amount of$33.43; Bay Point Wastewater MSTU
(168), in the amount of$0.05; Key Largo Wastewater MSTU (170), in the amount of $2.66; 1
Cent Infra Surtax (304), in the amount of$475,735.03; Clerks Rev Note, Capital (306), in the
amount of $2,400.00; 2003 Revenue Bonds (307), in the amount of$83,339.36; Card Sound
Bridge (401), in the amount of$6,204.73; Marathon Airport (403), in the amount of
$18,336.40; Key West IntI. Airport (404), in the amount of$333,921.44; MSD Solid Waste
(414), in the amount of$I,761,519.13; Worker's Compensation (501), in the amount of
$35,720.40; Group Insurance Fund (502), in the amount of$116,294.96; Risk Management
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Fund (503), in the amount of$42,337.68; Fleet Management Fund (504), in the amount of
$146,607.28.
Board granted approval of Tourist Development Council Expenditures for the month of
October, 2005: Advertising, in the amount of$159,809.05; Bricks & Mortar, in the amount of
$30,761.67; Visitor Information Services, in the amount of$23,916.66; Events, in the amount of
$20,448.08; Office Supplies & Oper Costs, in the amount of $29,777.64; Personal Services, in the
amount of$119,215.51; Public Relations, in the amount of$30,683.58; Sales & Marketing, in the
amount of $10,664.90; Telephone & Utilities, in the amount of$7,003.11; Travel, in the amount
of$I,126.42.
Board granted approval to remove surplus equipment from inventory via disposal. Said
inventory listing is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board accepted the written report submitted by the County Administrator dated
November 1,2005 concerning the Monthly Activity Report for October, 2005.
Board granted approval ofa 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
Wilma.
Board granted approval of a ratification of the signing of a Letter of Agreement with R. W.
Beck, Inc., to perform debris management and disaster related services to Monroe County as a
result of Hurricane Wilma.
Board granted approval and authorized execution of a Consulting Agreement between
Monroe County and Langton Associates, Inc. for assistance with obtaining governmental grants.
Board granted approval and authorized execution of an Amendment to Agreement (DRC
File # DRC-OI-C-II0) between Monroe County and DRC, Inc. for disaster recovery services
relating to Hurricane Dennis and future storms.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Advanced Data Solutions, Inc., for IT Consulting Support and
Services, Contract #101-555-2565.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Advanced Data Solutions, Inc., for Document Imaging and File
Management Services, Contract #101-5555-2566.
Board granted approval and authorized execution of an Interlocal Agreement (LA)
between Monroe County and the Key Largo Fire Rescue and Emergency Medical Services
District for the provision of services.
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Board adopted the following Resolutions concerning the Transfer of Funds and
Unanticipated Funds.
RESOLUTION NO. 410-2005
RESOLUTION NO. 411-2005
Said Resolutions are incorporated herein by reference.
Board affirmed Resolution No. 391-2005 (approved at the November 15, 2005 BOCC
Special Meeting) establishing priority consideration for temporary RV housing to all Monroe
County BOCC employees including Constitutional Officers and their employees.
Board affirmed the Lease Agreement (approved at the November 15,2005 BOCC Special
Meeting) between Monroe County and Lazy days RV Center, Inc. for the lease of 40 travel
trailers to make available to County employees affected by Hurricane Wilma.
COUNTY ATTORNEY
Board accepted the written November 2005 Litigation Report, dated November 14,2005,
submitted by Assistant County Attorney Bob Shillinger.
Board granted approval and authorized execution of a Standard Legal Services Agreement
No. CAY-CON-2005-09-01 between Monroe County and Michael H. Syme of Cohen & Grigsby,
P.c., who will be preparing RFP/RFQ/RFB, for an affordable housing project involving Monroe
County Land Authority, Monroe County Board of Commissioners, and a private developer.
Board granted approval and authorized a waiver of County Purchasing Policy for purchase
of Builder's Risk Insurance.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Rice to
reopen the Agenda in order to add a discussion of the status of the Post, Buckley, Schuh &
Jeering litigation. Motion carried unanimously. Motion was made by Commissioner Spehar and
seconded by Commissioner Rice to close the Agenda. Motion carried unanimously.
DIVISION OF ENGINEERING
A presentation was made by representatives of Curie, Sewards, Agile Architects to update
the progress of the Murray E. Nelson Government and Cultural Center in Key Largo. Dave
Koppel, Engineering Director addressed the Board. The following public speaker addressed the
Board: Bruce Cannon. No official action was taken.
A presentation concerning the Old Seven-Mile Bridge Rehabilitation Project was made by
representatives of the Florida Department of Transportation - Alice Bravo, District Environmental
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Management Engineer and Frank P. Guyamier, District Structures & Facilities Engineer. The
Board discussed the matter with the representatives. No official action was taken.
COUNTY ADMINISTRATOR
Lobbyist Bill Pfeiffer, Esquire - President of TPC Governmental Consulting addressed the
Board concerning Monroe County's legislative agenda for the 2006 Session. Mr. Pfeiffer
discussed his Memorandum to the Board dated November 14,2005.
MISCELLANEOUS BULK APPROVALS
Commissioner Spehar discussed with the Board the Post, Buckley, Schuh & Jernigan
litigation. County Attorney, Richard Collins addressed the Board. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Rice authorizing the County
Attorney to work with Attorney Wayne LaRue Smith to prepare in written form a Settlement
Agreement based on 50% of Post Buckley's fees and costs; final approval of the agreement is to
be presented to the Board for consideration at the December 2005 BOCC meeting. Motion
carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, Tom Willi addressed the Board. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Nelson authorizing the County
Administrator to provide, on a limited basis, exterior property debris removal services because of
Hurricane Wilma to Special Needs Clients, the handicapped and other residents of unincorporated
Monroe County as may qualify. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor McCoy discussed his item of prioritizing affordable housing to insure housing for
our critically needed employees such as police, medical, and teachers. Attorney Mark Mustian,
Bond Counsel with the firm Nabors & Giblin addressed the Board. After discussion motion was
made by Commissioner Nelson and seconded by Commissioner Spehar instructing Nabors &
Giblin to proceed with the implementation of an affordable housing mitigation fee; engage a
consultant to conduct a housing study; and, work with the City of Marathon to piggyback on their
study. Motion carried unanimously.
Mayor McCoy did not discuss his item concerning Hurricane Wilma: An overall
evaluation of what was done well and areas that need improvement.
STAFF REPORTS
Growth Management - Timothy McGarry, Growth Management Director discussed
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status of a passive park/memorial tree garden in Key Largo. The following public speakers
addressed the Board: Howard Gelbman, Gene Pakaud, and George Cullin. The Board requested
Staff work with Mr. Gelbman to locate an appropriate site.
COUNTY ADMINISTRATOR
A presentation was made to Representative Ken Sorensen by a representative of the
Florida Association of Counties for the "Doc" Myers Lifetime County Advocate Award.
Representative Sorenson addressed the Board.
STAFF REPORT
Engineering - Dave Koppel, County Engineer introduced the County's new Wastewater
Engineer, Elizabeth Wood. Ms. Wood addressed the Board.
Mr. Koppel updated the Board concerning the status of the tagging of unsafe structures
within unincorporated Monroe County as a result of Hurricane Wilma; Status of debris pickup in
the Lower and Upper Keys; and informed the Board that the Florida Highway Administration
(FHW A), who provides funding to federal aid roads, has identified at least $6 million for debris
removal, storm drain cleaning and road damage in Monroe County. Mr. Koppel indicated that
Staff would utilize FHW A funds to the extent permissible.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry addressed the Board. Alfredo Sanchez, representing Bermello, Ajamil &
Partners, Inc. made a presentation before the Board concerning the Tavernier Commercial
Corridor Enhancements Master Plan. The following public speakers addressed the Board: Sylvia
1. Murphy, Richard Lancaster, Burke Cannon, representing Hammer Point, and Mary Lou
Wilkinson, President of Harry Harris Park. Mr. Willi and Mr. Koppel addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to
adopt the following Resolution endorsing the findings of the Tavernier Commercial Corridor
Enhancements Master Plan and directing Staff to pursue funding to analyze the feasibility of the
findings or implement the projects proposed in the plan. Motion carried unanimously.
RESOLUTION NO. 412-2005
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider a Resolution approving the request made by
Marlin Holding, Inc. for Administrative Relief in the form of a dwelling unit allocation on the lot
described as Lot 12, Block 19, Largo Sound Park Subdivision, Key Largo, RE#
00469980.000000. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Nelson to adopt the following Resolution. Motion carried
unanimously.
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RESOLUTION NO. 413-2005
Said Resolution is incorporated herein by reference. .
A Public Hearing was held to consider a Resolution approving the request made by
Marlin Holding, Inc. for Administrative Relief in the form of a dwelling unit allocation on the lot
described as Lot 14, Block 19, Largo Sound Park Subdivision, Key Largo, RE#
00470000.000000. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner Spehar to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 414-2005
Said Resolution is incorporated herein by reference.
Commissioner Rice excused himself from the meeting.
A Public Hearing was held to consider a Resolution approving the request made by
Marlin Holding, Inc. for Administrative Relief in the form of a dwelling unit allocation on the lot
described as Lot 10, Block 19, Largo Sound Park Subdivision, Key Largo, RE#
00469960.000000. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner Spehar to adopt the following Resolution. Motion carried
unanimously, with Commissioner Rice not present.
RESOLUTION NO. 416-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a Resolution approving the request made
by Magaly Rivas for Administrative Relief in the form of a Dwelling Unit Allocation on the Lot
described as Lot 4, Block 6, Sunrise Point Amended Plat Subdivision, Key Largo, Real Estate
Number #00483810.000000. There was no public input. Motion was made by Commissioner
Spehar and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried
unanimously, with Commissioner Rice not present.
RESOLUTION NO. 417-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider a Resolution denying the request for
Administrative Relief in the form of a Dwelling Unit Allocation made by Miles Teach on the Lot
described as Lot 29, Block 2, Harris Ocean Park Estates, Key Largo, Real Estate Number
#00447430.000000 and offering to purchase the property for conservation purposes as the
preferred form of Administrative Relief There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Resolution.
Motion carried unanimously, with Commissioner Rice not present.
RESOLUTION NO. 418-2005
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider a Resolution denying the request for
Administrative Relief in the form of a Dwelling Unit Allocation made by Miles Teach on the Lot
described as Lot 30, Block 2, Harris Ocean Park Estates, Key Largo, Real Estate Number
#00447440.000000 and offering to purchase the property for conservation purposes as the
preferred form of Administrative Relief There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Resolution.
Motion carried unanimously, with Commissioner Rice not present.
RESOLUTION NO. 419-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance adopting interim amendments to
Section 6-17 (Permit Requirements) of the Monroe County Code in response to Hurricane
Wilma; Providing exemptions from permitting requirements for a limited period of time; Providing
for repeal of all Ordinances inconsistent herewith; Providing an effective date; Providing for filing
in the Office of the Monroe County Clerk and the Secretary of State of the State of Florida and
providing for expiration within 90 days of the effective date. There was no public input. Motion
was made by Commissioner Nelson and seconded by Commissioner Spehar to adopt the following
Ordinance, with Commissioner Rice not present..
ORDINANCE NO. 031-2005
Said Ordinance is incorporated herein by reference.
Approval of an Ordinance adopting interim amendments to Chapter 9.5, Monroe County
Code (Land Development Regulations), in response to Hurricane Wilma by creating a new
Section 9.5-227, Emergency Temporary Housing, Providing for temporary placement ofRV's;
Providing for specific standards and procedures for approval ofRV's as temporary emergency
housing; Providing for repeal of all Ordinances inconsistent herewith; Providing an effective date;
Providing for filing in the Office of the Monroe County Clerk and the Secretary of State of the
State of Florida; and providing for expiration within 270 days of the effective date. There was no
public input. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice not
present.
ORDINANCE NO. 032-2005
Said Ordinance is incorporated herein by reference.
Commissioner Rice returned to the meeting and took his seat.
GROWTH MANAGEMENT
Mr. Collins addressed the Board concerning approval of a Resolution authorizing the
Growth Management Division Director to toll the time limit requirements for obtaining a building
permit or required permit inspections for properties adversely impacted by the court ordered
permanent injunction on the issuance of new flood insurance policies under the National Flood
Insurance Program pending resolution of same, or 180 days, whichever first occurs. Mr. Collins
addressed the Board and discussed revisions to the resolution, as follows: Delete Sections 3, 4, &
5 of the current resolution and renumber Section 6 as Section 3 and Section 7 as Section 4.
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There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Nelson to adopt the following Resolution, as revised. Motion carried
unanimously.
RESOLUTION NO. 420-2005
Said Resolution is incorporated herein by reference.
Mr. McGarry and Mr. Collins addressed the Board. After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution,
as revised, establishing waivers from the Building Permit Fee Schedule for certain permits
pertaining to the repair of damage caused by Hurricane Wilma until May 15, 2006. Said revision
as follows:
Section 1. All permit fees shall be waived for the repair, replacement, or restoration of
any structure other than including docks, seawalls, boat lifts, and other water dependent
structures, damaged by Hurricane Wilma.
Motion carried unanimously.
RESOLUTION NO. 421-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item concerning approval of the Monroe County
Board of Commissioners to appoint Sherry Phillips to the Monroe County Planning Commission
with the term expiring October 31,2007. This item was heard along with Commissioner Spehar's
item concerning approval of the appointment of Michelle Cates Deal to the Planning Commission.
Mr. Collins addressed the Board. Mayor McCoy announced he would adopt the item as a
Mayor's item. The following public speakers addressed the Board: Katie Lyons and Kathryn
Wheeler. Mr. Willi addressed the Board. The Board proceeded to ballot on the selection of the
Planning Commissioner with the following results:
Name McCov Nelson Neugent Rice Spehar Total
Phillips X X X 3
Deal X X 2
Based on the above results, motion was made by Commissioner Nelson and seconded by
Commissioner Spehar appointing Michelle Cates Deal to serve on the Monroe County Planning
Commission. Motion carried unanimously.
Commissioner Nelson discussed his item directing the County Administrator to utilize
private providers to assist with the processing of planning, building and services through the RFQ
(Request for Qualifications) process. Mr. McGarry and Mr. Willi addressed the Board. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
to approve the item. Motion carried unanimously.
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Commissioner Rice updated the Board regarding the Stock Island wastewater system
infrastructure improvements project. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Spehar authorizing the two (2) entities to enter into negotiations
to achieve a mutually agreeable solution for the purposes delineated but not necessarily to the
terms delineated in the letter dated November 14,2005 from Attorney Brian P. Armstrong of the
firm of Nabors Giblin & Nickerson, P.A. Mr. Koppel addressed the Board. Motion carried
unanimously.
Commissioner Spehar discussed her item concerning approval to amend the County
Administrator's contract regarding the time specifications for evaluations and allowing the use of a
county vehicle in lieu of receiving a transportation allowance for his personal vehicle. Mr. Willi
and Mr. Collins addressed the Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Spehar granting approval and authorizing execution of an
Amendment to Employment Agreement between Monroe County and Thomas 1. Willi, County
Administrator. Roll call vote was unanimous. The Board then directed the Mayor to meet with
the Administrator concerning additional compensation.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the BOCC dates for 2005. The Board confirmed the third week of each
month. Motion carried unanimously.
The Board discussed Resolution 11-8-05 from the Key Largo Wastewater Treatment
District (KLWWTD) requesting Monroe County waive all permitting fees for building permits,
health department permits, and other permits for construction of improvements related to the
connection of properties to the KL WWTD wastewater management system and abandonment of
existing on-site sewage treatment and disposal systems in order to connect to district facilities.
Mr. Willi and Mr. Collins addressed the Board. No official action was taken.
Mr. Willi informed the Board that the FEMA trailers had began arriving in the County.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar
authorizing the County Administrator/County Attorney/Mayor to sign such Agreements, as may
be required, allowing for placement ofFEMA trailers in Monroe County. Mr. Collins addressed
the Board. Motion carried unanimously.
Mr. Willi addressed the Board. Motion was made by Commissioner Rice and seconded by
Commissioner Spehar to place the consideration of a resolution for compensation for public
emergency response work on the agenda. Motion carried unanimously. Motion was made by
Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution
setting policy for compensation for public emergency response work and repealing Resolution
No. 359b-2005. Motion carried unanimously.
RESOLUTION NO. 415-2005
Said Resolution is incorporated herein by reference.
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PUBLIC HEARINGS
The 1 st of 2 required Public Hearings was held to consider an Ordinance amending
Sections 9.5-233 Urban Residential District (UR), 9.5-234 Urban Residential Mobile Home
District (URM), 9.5-236 Sub Urban Residential District (SR), 9.5-238 Sparsely Settled District
(SS), 9.5-239 Native Area District (NA), and 9.5-242 Improved Subdivision District (IS) of the
Monroe County Code to implement Policies 10 1.4.1, 10 1. 4.3, 10 1.4.4 of the Comprehensive
Plan; Providing for Severability; Providing for the repeal of all Code Provisions and Ordinances
inconsistent with this Ordinance; Providing for inclusion in the Monroe County Code of
Ordinances; Providing for the transmittal of this Ordinance to the State Department of
Community Affairs; and Providing for an effective date upon approval of this Ordinance by the
State Department of Community Affairs. Mr. McGarry addressed the Board. There was no
public input.
A Public Hearing was held consider an Ordinance amending Sections 9.5-293 (e) (4) and
(f) (2), Monroe County Code, Surface Water Management Criteria, 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 pubic
input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 033-2005
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held to consider an Ordinance approving an
amendment to the Monroe County Year 2010 Comprehensive Plan, to amend the Future Land
Use Map (FLUM) from Residential Low (RL) to Public Buildings/Grounds (PB) for the property
described as the Northern Half of Tract 8, and all of Tracts 9 and 10, Second Amended and
Revised Plat of Lee Shores, Section 22, Township 61 South, Range 39 East, Tallahassee
Meridian, Key Largo, Monroe County, Florida. Located at 102050 Overseas Highway, MM 102
The Real Estate # is: 0543060-000000. Mr. McGarry addressed the Board and indicated this
item will be re-advertised and heard at the January BOCC meeting.
The following items were not heard as the Planning Department requested they be
withdrawn and re-advertised:
A request by Earthmark Companies, LLC to amend the land use district (zoning) map
from Suburban Commercial (SC) to Mixed Use (MU) for property described as lots 1,2,3,4, 5,
6, 7, 8,30, 31, 32 and 33, Block 2, Mandalay Subdivision and from Urban Residential Mobile
Home (URM) to Urban Residential (DR) for properties described as the southerly 225 feet of
Block 3 Mandalay Subdivision, Mile Marker 98, Key Largo.
A request by John C. and Wendi A. Moore to amend the land use district (zoning) map
from Suburban Commercial (SC) to Mixed Use (MU) for property described as Block 13, Lots 1,
2, and 3, Lake Surprise Estates, Key Largo.
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The following item was not heard as the Planning Department is requesting continuance
to the December 21,2005, BOCC meeting to correct an omission in the initial advertising of this
ordinance as the Ordinance amends more sections of the Code than were advertised:
An Ordinance to amend Monroe County Code Sections 9.5-4,9.5-122,9.5-235,9.5-352,
9.5-354, and 9.5-355 revising and clarifying parking provisions and related regulations.
The following item was not heard as the Planning Department is requesting continuance to
the December 21,2005, BOCC meeting as they are still considering the matter:
An Ordinance to create Section 9.5-123.1 and revise Section 9.5-4 and Section 9.5-266
(Affordable Housing) of the Monroe County Land Development Regulations.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
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