01/18/2006 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 18, 2006
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 AM., at the Harvey Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson,
Commissioner George R Neugent, Commissioner David P. Rice, and Mayor Dixie M.
Spehar. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk;
Robert 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner
Nelson granting approval of Additions, Corrections, and Deletions to the agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
A Years of Service Award for 20 years of service to Monroe County was
presented to William Wright, Heavy Equipment Operator, Road Department, Public
Works Division.
LAND AUTHORITY GOVERNING BOARD/COMMISSIONERS' ITEMS
Motion was made by Commissioner Spehar and seconded by Commissioner Rice
to reopen the agenda. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent to include in today's agenda approval of a resolution of the Monroe County
Comprehensive Plan Land Authority authorizing the transfer of title between Florida
Keys Community Housing and Land Trust, Inc. and Habitat for Key West and Lower
Florida Keys, Inc. for Tract C, Porpoise Point, Section Four on Big Coppitt Key.
AND
Delete from today's agenda approval from the Board of County Commissioner's to
advertise a Public Hearing for Animal Control Ordinance(s) to facilitate habitat/species
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protection on Big Pine Key and Lower Keys as required by USF&W in the Habitat
Conservation Plan.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Rice
granting approval ofthe following items by unanimous consent:
Board granted approval to enter into a 60 month Lease Agreement with Xerox for
a new Work Centre Pro 3545 for $540.55 per month to replace the copier currently being
used at Emergency Services. This Lease Agreement is a State of Florida Contract with
Putnam County MAC Contract No. 071736301.
Board granted approval and authorized execution of a Memorandum of
Understanding (MOU) for Expenditure of Local Government Unit Funding for Florida
Type II Technical Rescue Resource (Light Technical Rescue Team) from 2005 Domestic
Preparedness Grant State Homeland Security Grant Program between the Florida
Department of Financial Services, Division of State Fire Marshal (SFM) and Monroe
County BOCC for its Fire Rescue Department. Funds are to be used for planning,
equipment, training, exercise and management, administrative purchases, and activities in
Domestic Preparedness.
Board granted approval to waive purchasing policy requiring bid process and
issue a purchase order to Wheeled Coach Industries, Inc. in the amount of$113,530.00
for the purchase of one 2006 Ford XLT F-450 Type I Ambulance by piggy-backing the
Florida Sheriffs Association and Florida Association of Counties vehicle/equipment bid
Contract (05-06-0823) Specification #01.
Board granted approval and authorized execution of Lease Agreement No.
066LBF0602 between Monroe County and the U. S. Government for the Upper Air
Inflation Building site for the National Weather Service at the Key West International
Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-14 between Monroe County and URS for Key West International Airport
Hurricane Damage Assessment.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-15 between Monroe County and URS for Florida Keys Marathon Airport
Hurricane Damage Assessment.
Board granted approval for Chesapeake Bay Helicopters (CBH) to occupy space
at the Key West International Airport on a month to month basis until a formal lease can
be drafted.
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Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 001-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 002-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 003-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 004-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 005-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 006-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 007-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 008-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 009-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 010-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 011-2006
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 012-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 013-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 014-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 015-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 016-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 017-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 018-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 019-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.20).
RESOLUTION NO. 020-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 021-2006
Said Resolution is incorporated herein by reference.
Board granted approval to amend the adopted Fiscal Year 2006's Capital Plan
funding allocations for One Cent Infrastructure Sales Tax (Fund 304) and 2003 Bond
Proceeds Funds (Fund 307), and adopted the following Resolution for Transfer of Funds
within said plan.
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RESOLUTION NO. 022-2006
Said Resolution is incorporated herein by reference.
Board granted approval to renew Contract with G & K Services on a month to
month basis, for Uniform Services for the Division of Public Works.
Board granted approval and authorized execution of a Memorandum of
Understanding for APS (Adult Protective Services) Referrals between Monroe County
and (In-Home Services), the Alliance for Aging (Aging and Disability Resource
Center/Aging Resource Center, Area Agency on Aging for Miami Dade and Monroe
Counties) and the Department of Children and Families.
Board granted approval and authorized execution of Amendment No. 005 to OAA
Contract No. AA-529 between the Alliance for Aging, Inc. (Area Agency on Aging for
Miami-Dade and Monroe Counties) and the Monroe County Board of County
Commissioners/Monroe County Social Services.
Board granted approval 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 12/07/05 - 1/03/06.
Board granted approval to rescind Agreement as approved on March 17, 2004 and
authorized execution of revised Amendment NO.1 to Memorandum of Agreement
associated with a Joint Participation Agreement between Monroe County and the Florida
Department of Transportation for an additional $180,000.00 for the project described as
CR5-NFlagler Avenue in Key West.
Board granted approval to use Park Impact Fees (District 2) for new roadside
parks on existing roads to include picnic benches and landscaping.
Board granted approval to increase the costs per stop by $10.00 each for courier
service taking it from $180.00 to $190.00 per stop. This is due to the rising cost of fuel.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Florida Keys History of Diving Museum, Inc. to revise
dates of Agreement and Exhibit A relating to budget expenditures.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Charlotte Ambrogio to revise dates of event from July lI-
13,2006 to July 18-20,2006.
Board granted approval and authorized execution of an Addendum to Agreement
between Monroe County and Conch Republic Offshore Power Boat Racing Association,
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Inc. to revise the scope of services for the Key West World Championship Race on
November 13-20,2005.
Board granted approval to rescind funding Agreement allocation for Marathon
Garden Club, Inc., that was approved at the October 19,2005 Board meeting, due to
difficulties in obtaining insurance documentation.
Board granted approval and authorized execution of a Turn Key Funding
Agreement between Monroe County and Middle Keys Events Council, Inc. covering the
Marathon Offshore Grand Prix on May 11-14, 2006 in an amount not to exceed $74,941,
DAC III, FY 2006 Event Resources.
Board granted approval and authorized execution of an Addendum to Agreement
between Monroe County and Key Players, Inc. to revise their Exhibit A - Schedule of
Events.
Board granted approval and authorized execution of an Addendum to Agreement
between Monroe County and Executive Adventures, Inc. covering the World Sailfish
Championship to revise Exhibit B of the Agreement.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of Charles E. Miller to serve one three year term on the
Contractor's Examining Board as the second alternate voting member.
Board granted approval to reappoint Edward Werling to one additional three year
term to the Contractors' Examining Board beginning January 2006.
Board granted approval ofDaryle L. Osborn, P.E. and Carl H. Schror to serve a
three year term as engineers to the Board of Adjustment and Appeals Committee.
COMMISSIONERS' ITEMS'
Board adopted the following Resolution in recognition of the late Colonel Frank
Butler.
RESOLUTION NO. 023-2006
Said Resolution is incorporated herein by reference.
Board reconsidered their previous action, from the December 21, 2005 BOCC
meeting, supporting excavation at the end of Crane Boulevard on SugarloafKey to use
the fill at Sugarloaf School Park.
Board adopted the following Resolution in recognition of the late Leonard H
Knowles.
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RESOLUTION NO. 024-2006
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Spehar's appointment of Larry Hirsch to
the Key West International Airport Ad Hoc Committee on Noise, replacing Jim Robinson
who recently passed away.
Board adopted the following Resolution in recognition of County Administration
and staff for hard work, facing challenges of2005, with good humor.
RESOLUTION NO. 025-2006
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Rice's appointment of Sherri Popham to
fulfill the term of District 4 Planning Commission appointee, Lynn Mapes, term expiring
September 20, 2007.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the November 15 & 16,2005 meetings (previously distributed).
Board granted approval of Tourist Development Council Expenditures for the
month of December, 2005: Advertising, in the amount of $675,792.82; Bricks & Mortar,
in the amount of$116,253.27; Visitor Information Services, in the amount of$36,666.64;
Events, in the amount of$177, 162.09; Office Supplies & Oper Costs, in the amount of
$20,022.34; Personal Services, in the amount of$103,346.23; Public Relations, in the
amount of $88,572.94; Sales & Marketing, in the amount of$45,151.66; Telephone &
Utilities, in the amount of $12,008.77; Travel, in the amount of $7,198.17.
Board granted approval to advertise surplus equipment for bid and approval to
remove surplus equipment from inventory via disposal and salvage. Said inventory listing
is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval of payment to Paul, Hastings, Janofsky & Walker, LLP
for professional legal services by Robert H Freilich rendered in the amount of
$161,135.02 (Invoice #1464942 [$53,896.41], Invoice #1468428 [$70,682.33] and
Invoice #1481838 [$36,556.28]), for the team defending the County in Collins v. Monroe
County v. State of Florida, CAM-04-379.
Board granted approval of continued legal representation by Robert H Freilich,
Esq, of Paul, Hastings, Janofsky & Walker, LLP in the cause of Galleon Bay Corp. v.
BOCC v. State of Florida, CAK-02-595, and payment for professional legal services
rendered to date in the amount of$42,787.11 (Invoice #1481876).
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Board adopted the following Resolution declaring consideration of Special
Master's recommendations on applications for removal of properties from the
Conservation and Natural Areas Boundaries moot and authorizing property owners who
made such applications the option of incorporating the record created before the Special
Master in Public Hearings of the BOCC for adoption of Tier Designations for future
appeals regarding same.
RESOLUTION NO. 026-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Settlement Agreement of
Plaintiff Monroe County's Claims in Monroe County v. Jack Hagopian v. Gordon
Huglan d/b/a Elevators, Etc. and EMR Accessibility, Inc. and Gordon Huglan, an
individual, Case No. 44-2003-CA-529-P.
Board granted approval to reject settlement offer by Defendants to settle Monroe
County v. Dorothy Hough, et aI, CA K 05-667 for $4,500 and authorized the County
Attorney's office to make a counter offer for no less than $12,470.00 plus all costs and
fees incurred at the time of settlement.
Board granted approval of a Request for Proposals for the purchase of property to
be developed for affordable and workforce housing and future development of same; and
granted approval to advertise for same.
Board granted approval to reject settlement offer in Stuart Kessler v. Monroe
County and Tom Willi, Case No. 2005-CA-1006-K and granted authorization to make
counteroffers of $100 from each defendant.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Works Director, Dent Pierce addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval to create two (2) new positions to operate the storm water drainage
system program. Motion carried unanimously.
Mr. Pierce addressed the Board. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Rice granting approval to increase
Facilities Maintenance Custodian position PWFM078 from part-time (24/hpw) to full
time (40/hpw). Motion carried unanimously.
County Engineer, Dave Koppel addressed the Board. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Neugent granting
approval to use Transportation Impact Fees (District 2) for Duck Key Recreational
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Pathway, a new path along the commercial section of Duck Key Drive which includes
lighting and landscaping. Motion carried unanimously.
Mr. Koppel addressed the Board. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson granting approval to use
Transportation Impact Fees (District 3 and Countywide) for new path along the utility
easement ofC 905 from US 1 to Card Sound Road. Motion carried unanimously.
Budget & Finance Director, Sa! Zappulla addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval to advertise a Public Hearing concerning a Budget amendment for the
General Funds, Fund 001. Motion carried unanimously.
The following public speaker addressed the Board: Stuart Kessler. Kevin
Cothron, representing Preferred Government Claim Solutions (PGCS) and Employee
Services Director, Teresa Aguiar also addressed the Board. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner Spehar granting approval
and authorizing execution of a Renewal Agreement between Monroe County and
Preferred Governmental Claims Solutions (GCS) for third party administration of the
Workers' Compensation Program. Current Contract expires September 30,2005. Motion
carried unanimously. County Administrator, Tom Willi addressed the Board.
Airport Services Director, Peter Horton; Mr. Willi; and Clerk of Court, Danny
Kolhage addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson granting approval of the following
items:
Payment to Royal Plus Disaster Kleenup, invoice in the amount of$67,414.32, for
emergency services performed for the Key West International Airport due to damages
caused by Hurricane Wilma.
Ratification of emergency purchase order issued to Williams Scotsman for two
(2) temporary modular office units to house employees of the Sheriffs Administrative
Building due to Hurricane Wilma repairs.
Payment to pay invoices to JGT Transportation, Inc. for services provided during
the Hurricane Wilma recovery period.
Motion carried unanimously.
Mr. Koppel addressed the Board. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson authorizing the
Ratification of Purchase Order # 00008602 to Charley Toppino & Sons, Inc. in the
amount of$299,375.00 for emergency road repairs due to Hurricane Wilma. Motion
carried unanimously.
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TOURIST DEVELOPMENT AUTHORITY
The Clerk announced a vacant position on the Tourist Development Council
District I Advisory Committee for an "At Large" appointment.
The Clerk announced a vacant position on the Tourist Development Council
District IV Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Public Works - Public Works Director, Dent Pierce reported to the Board status
of the free dumping for hurricane debris available for residents. Mr. Willi addressed the
Board.
Growth Management - The County Administrator informed the Board that today
was Mr. McGarry's last Board meeting. Growth Management Director, Tim McGarry
reported to the Board that his staffwas continuing work on revisions to the Tier System
and recommended that the Board hold public meetings. Mr. McGarry then discussed
ROGO/Big Pine Key and the release of seventeen (17) permits.
Commissioner Neugent discussed the Level of Service and the Habitat
Conservation Plan for Big Pine Key. Commissioner Spehar discussed the Stock Island
CommuniKeys Project and the conversion and/or redevelopment of mobile home
parks/waterfront properties. Commissioner Nelson discussed raising the income limits for
Affordable Housing from 120% to 160% of county median income, and the removal of
an Upper Keys property from the Federal Injunction regarding the withholding of Flood
Insurance for new construction located in Habitat for Endangered Species in Florida Key
Deer v. Michael Brown & Gale Norton, Case No. 90-10037-CIV-Moore. Mr. McGarry
addressed the Board.
The Board relayed their thanks and appreciation to Mr. McGarry for his
dedication and hard work while employed by Monroe County.
Engineering - County Engineer, Dave Koppel updated the Board concerning the
status of the following construction projects: Freeman Justice Center - continuing with
the completion of the 2nd story structure, the new Architect is also on board; Big Pine
Key Fire Station - expecting bids the end of February with construction to begin early
April, still need to complete the land swap; Big Pine Key Park - demolition is moving
ahead and bids are expected the end of February with construction to begin early April;
Big Coppitt Park - expecting bids the end of February with construction to begin early
April; Big Pine Key Roads V - construction is scheduled to begin February. Also, the
Florida Keys Aqueduct Authority is having a kickoff this afternoon at 6:00 P.M. at the
Big Coppitt Fire Department concerning the Big Coppitt Sewer project; and, a
Groundbreaking ceremony at the Key West International Airport is scheduled for today at
12:30 P.M. for the new McCoy Terminal Complex and Special Needs Shelter.
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Commissioner Spehar inquired on the status of the Stock Island Fire Department.
Mr. Koppel addressed the Board. Commissioner Neugent discussed the addition of 36
camera poles along U.S. 1 being proposed by the Florida Department of Transportation.
After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent directing Staff to prepare a Resolution expressing this Board's
opposition. Motion carried unanimously.
RESOLUTION NO. 027-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Mayor McCoy's item for authorization to waive the $650.00
Administrative Variance fee for Laurence and Alona Marius. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar granting
approval of the item. Motion carried unanimously.
Commissioner Rice discussed his item concerning an update report on progress
regarding the new Joint Marathon Library Construction project with the City of
Marathon. Motion was made by Commissioner Rice and seconded by Commissioner
Nelson accepting the Joint Marathon Library Construction Project - Progress Summary
Report, dated January 18, 2006. Said document is incorporated herein by reference.
Motion carried unanimously.
Commissioner Rice discussed his item to support efforts by the Historic Florida
Keys Foundation to include the Old Seven Mile Bridge in America's 11 most endangered
historic places of the National Trust for Historic Preservation. The following public
speaker addressed the Board: H. T. Pontin, representing Ramrod Key Yacht Club. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner
Spehar to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 028-2006
Said Resolution is incorporated herein by reference.
Gordon West, representing the SugarloafProperty Owners Association made a
presentation of the results of a study presented to the Board of County Commissioners on
May 19,2004 by the Concerned Citizens of the Lower Keys. The following public
speakers addressed the Board: John Clark, David Williamson, President ofthe Duck Key
Property Owner's Association; John Hammerstrom, and John Murphy, representing Big
Pine Key Civic Association.
STAFF REPORTS
Emergency Services - Fire Chief, Clark O. Martin, Jr. indicated that a
debriefing of the hurricane aftermath will be scheduled.
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COMMISSIONERS' ITEMS
Commissioner Spehar announced that an invitation has been extended to the
Board to attend the Annual Joint Meeting of the Library Board/Friends of Library
Groups, to take place in the BOCC room of the Marathon Government Center. The
meeting is scheduled for March 21,2006 at 10:30 A.M.
Commissioner Spehar discussed her item concerning a request from Bounty
Fisheries, Inc. to enter into a Development Agreement with Monroe County and the
Florida Department of Community Affairs under Chapters 163 and 380, Florida Statutes,
and, if appropriate, to provide direction to Staff. The following public speaker addressed
the Board: Tim Koenig, Esq. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Rice directing Staff to work with Bounty
Fisheries, Inc. utilizing Commissioner Nelson, as the Board's liaison on Affordable
Housing Planner Oversight Committee, in drafting such an agreement. Motion carried
unanimousl y.
Motion was made by Commissioner Neugent and seconded by Commissioner
Rice granting approval to declare two (2) Monroe County Transportation Program buses
as surplus property and donate both of them to Habitat for Humanity of Key West and
Lower Florida Keys. Motion carried unanimously.
STAFF REPORTS
Airports _ Airports Director, Peter Horton updated the Board concerning air
service at the Florida Keys Marathon Airport and indicated that Gulfstr~am/Continental
Connection has agreed, in concept, to begin service starting November 1, 2006.
DIVISION OF GROWTH MANAGEMENT
Dr. Tom Van Lent of the Everglades Foundation provided an update to the Board
concerning the Comprehensive Everglades Restoration Plan.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item concerning the propriety of standardizing
service agreements related to sewer hookups. The following public speakers addressed
the Board: Tim Koenig, Esq. and David P. Horan, Esq. representing Leo's Campground.
Brian Armstrong, Esq., Monroe County's Bond Counsel also addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner
Spehar directing Staff to proceed with developing standardized agreements for
wastewater service agreements and easements on commercial and multiunit properties
and, directing Code Enforcement proceedings for affected properties to be reset
subsequent to March 18, 2006. Roll call vote was unanimous.
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SOUNDING BOARD
Mr. Jim McClane addressed the Board concerning an amendment to the Land
Development Regulations. Mr. Willi and Mr. McGarry addressed the Board. No official
action was taken.
PUBLIC HEARINGS
The second of two Public Hearings was held to consider adoption of an Ordinance
creating Sec. 9.5-4 (C-13.1), (C-13.2), (C-23.1), (M-14.1), (0-7.1) and (S-ll.l)
definitions; amending Sec. 9.5-4 (C-14) definitions; amending Sec. 9.5-124(b)
definitions; deleting Sec. 9.5-235(a)(8) Suburban Commercial District (Se), Monroe
County Code; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into 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 an effective date. There was no public
input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice
to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 001-2006
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held to consider adoption of an Ordinance
approving an amendment to the Monroe County Year 2010 Comprehensive Plan, to
amend the Future Land Use Map 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, seconded 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, Mile Marker 102. The real estate
number is 00543060-00000. The following individual addressed the Board: H. T. Pontin,
representing Ramrod Key Yacht Club. Growth Management Director, Tim McGarry
addressed the Board. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 002-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a Resolution to extend the zoning in
progress directing staff to defer the acceptance and processing of development
applications and the issuance of development approvals for the redevelopment or
conversion often units or more of multi-family rental housing and/or mobile home parks;
continuing this policy until new land development regulations are adopted by the County
Commission, and providing for expiration within three months after the expiration of
Resolution No. 320-2005, whichever comes first. There was no public input. Motion
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was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 029-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider 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. Motion was made by Commissioner Neugent
and seconded by Commissioner Rice to continue the item to the February 15, 2006 Board
meeting in Key Largo as requested by the Planning Department. Motion carried
unanimously. (The Planning Department is requesting that this item be continued to the
February 15, 2006 Board of County Commissioner's meeting at the Key Largo Library in
Key Largo because the Planning Commission is still considering this item).
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning approval to raise the County
Administrator's base salary by 4% to reflect current pay of other municipal
administrators. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to continue the item to a Special BOCC meeting to
discuss capital projects, wastewater, and this item as soon as possible. Motion carried
unanimously.
COUNTY CLERK
Clerk of Court, Danny Kolhage addressed the Board. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar to rescind
approval of Sheriffs Department Deputies and Corrections Officers Wage Plan FY 2005-
2007, that was approved at the January 19, 2005 Board meeting, but never received for
execution. Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board accepted the written report submitted by the County Administrator
dated January 3,2006 concerning the Monthly Activity Report for December, 2005.
Mr. Willi discussed the purchase of Geiger Key Marina. After discussion, motion
was made by Commissioner Nelson and seconded by Commissioner Spehar to move
forward with the appraisal process. Motion carried unanimously.
The Board discussed authorization for the Monroe County Sheriff to negotiate the
purchase of a helicopter to replace the aircraft removed from service. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Nelson
granting approval of the item. Roll call vote was taken with the following results:
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Commissioner Nelson Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Spehar No
Mayor McCoy Yes
Motion carried.
COUNTY ATTORNEY
The Board accepted the written January 2006 Litigation Report. Mr. Shillinger
introduced to the Board the newest Assistant County Attorney, Jerry D. Sanders. Mr.
Sanders addressed the Board. Mr. Shillinger then discussed the upcoming Walgreen's
mediation. The Board authorized Commissioner Neugent to attend.
Motion was made by Commissioner Spehar and seconded by Commissioner Rice
granting approval of the following three (3) items:
Payment to White & Smith, LLC for professional legal services rendered in the
amount of $68,210.42 (Invoice #222 and #239), for defending the County in Collins v.
Monroe County v. State of Florida, CAM-04-379).
Payment of an hourly rate increase from $145 per hour to $155 per hour for
attorneys and from $65 per hour to $75 per hour for paralegals, effective October 1, 2005,
for professional legal services provided by Johnson, Anselmo, Murdoch, Burke, Piper &
McDuff, P.A
Payment of an hourly rate increase from $225 per hour to $250 per hour,
retroactive to March 21,2005, for professional legal services provided by Ira L. Libanotf,
Esq.
Motion carried unanimously.
The Board elaborated on Resolution No. 493A-2005, to set forth specific
protections to be sought in legislation to remove designation as an "Area of Critical State
of Concern" from Monroe County. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution with
the following amendment:
Page 2, Add the following wording:
g) Notwithstanding any provision of Chapter 380, Part 1, to the contrary, a
local government within the Florida Keys Area of Critical State Concern or an area that
was designated as an area of critical state concern for at least 20 consecutive years prior
to removal of the designation, may enact an ordinance that: (1) Requires connection to a
central sewerage system within 30 days of notice of availability of services; and (2)
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Provides a definition of on-site sewage treatment and disposal systems that does not
exclude package sewage treatment facilities if such facilities are in full compliance with
all regulatory requirements and treat sewage to advanced wastewater treatment standards
or utilize effiuent reuse as their primary method of effiuent disposal. Roll call vote was
unammous.
RESOLUTION NO. 030-2006
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Rice and seconded by Commissioner Spehar
granting approval and authorizing execution of a First Amendment to Standard Legal
Services Agreement No. CAY-CON-2005-07-01 (Consulting/Advising) between Monroe
County and Jerry Coleman, Esq. to provide for John Rockwell, Esq. to assist Mr.
Coleman in providing legal services to Monroe County. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider an Ordinance adopting a text and map
amendment to the Monroe County Code by creating a new Section 9.5-260.3 "Big Pine
and No Name Keys Formula Retail Overlay District" of Division 2, Article VII, Chapter
9.5; and adopting by reference the "Big Pine and No Name Keys Formula Retail Overlay
District Map"; providing for severability; providing for the repeal of all Code provisions
and Ordinances inconsistent with this Ordinance; providing for inclusion into the Monroe
County Code; 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. The Board accepted public input with
the following individuals addressing the Board: Joseph C. Britz, representing Coconuts;
John Scharch, representing Big Pine True Value; Mick Putney, Meri-Lynn Britz,
representing Coconuts; Kathryn Wheeler, representing the Big Pine Key Civic
Association; and Marney Brown. Growth Management Director, Tim McGarry
addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Rice to remand the matter to Staff to conduct workshops.
Motion carried unanimously.
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
~~O-. \lliJ;4~
Isabel C. DeSantis, Deputy Clerk