02/15/2006 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2006/23
Regular Meeting
Board of County Commissioners
Wednesday, February 15,2006
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., at the Key Largo Library. Present and answering to roll call were Commissioner
Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice,
Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. 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.
PRESENTATION
Mayor McCoy, on behalf of the Key West Chamber of Commerce, presented
Commissioner Nelson with a "Piece of the Rock" award.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice to add to
today's agenda presentation of a Mayor's Proclamation designating March 8, 2006 as Wilhelmina
Harvey, the Ambassador of Love Day. Motion carried unanimously.
A Mayor's Proclamation was made designating March 8, 2006 as Wilhelmina Harvey, the
Ambassador of Love Day.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the following items by unanimous consent:
Board granted approval and authorized execution of Supplemental Lease Agreement No.
4 to Lease No. GS-04-42843 between Monroe County and the United States of America for
office space for the Transportation Security Administration at the Key West International Airport.
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2006/24
Board granted approval of the Key West International Airport Security Expenditure Plan
Amendment IIIfor FY 2004-2007, dated January 31,2006.
Board adopted the following Resolution authorizing the Mayor to execute EMS County
Grant Application and related request for grant distribution to the State of Florida Department of
Health, Bureau of Emergency Medical Services.
RESOLUTION NO. 033-2006
Said Resolution is incorporated herein by reference.
Board granted approval of an Agreement for Satelitte Training Centers of the University
of Miami School of Medicine, Center for research in Medical Education, Division of Emergency
Medical Skills Training between the University of Miami School of Medicine, Center for Research
in Medical Education, Division of Emergency Medical Skills Training (UM) and the Monroe
County Board of County Commissioners for Monroe County Fire Rescue (MCFR) to act as a
satellite training site of the UM for American Heart Association (AHA) approved courses in
Advanced Cardiac Life Support (ACLS) and Basic Life Support (BLS) for the period beginning
March 1, 2006 through February 28,2007.
Board granted approval to waive purchasing policy requiring bid process and issue a
purchase order to Ten-8 Fire Equipment, Inc., sole source provider ofMSA Self Contained
Breathing Apparatus (SCBA) products for Monroe County, in the amount of$42,714.07 for the
replacement of ten destroyed SCBA.
Approval to reject the sole response bid received on November 30,2005 for the Cost
Recovery Service provider to recover partial expenses of working vehicle accidents, hazardous
material incidents and false alarm cells.
Board granted approval and authorized issuance of the Class A Emergency Medical
Services Certificate of Public Convenience and Necessity (COPCN) to the City of Marathon - Fire
Rescue for the operation of an ALS transport ambulance service for the period April 1, 2006
through March 31, 2008.
Board granted approval and authorized issuance of the Class A Emergency Medical
Services Certificate of Public Convenience and Necessity (COPCN) to Atlantic/Key West
Ambulance, Inc., d/b/a American Medical Response for the operation of an ALS transport
ambulance service for the period March 24,2006 through March 23,2008.
Board granted approval and authorized issuance of the Class A Emergency Medical
Services Certificate of Public Convenience and Necessity (COPCN) to Monroe County Fire
Rescue (MCFR) for the operation of an ALS transport ambulance service for the period April 1,
2006 through March 31, 2008.
02/15/2006
2006/25
Board adopted the following Resolution authorizing Carol A. Cobb to execute, on behalf
of Monroe County, liens and satisfactions of lien relating to the Special Assessment for Solid
Waste Collection and Disposal.
RESOLUTION NO. 034-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Solid Waste and
Recycling Collection Franchise Agreement between Monroe County and Ted Carter Enterprises,
Inc., DBA Keys Sanitary Service, to modify audit accounting provisions.
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 16th
Judicial Circuit's Mediation Program.
Board granted approval and authorized execution of a Contract Extension between
Monroe County and Barnes Alarm Systems, Inc. to continue on a month-to-month basis for alarm
system annual certification, maintenance and monitoring.
Board granted approval to purchase two (2) 2006 F550 Crew Cab Dump Trucks from
Garber Ford Mercury, Inc. under Florida Sheriffs AssociationIFlorida Association of Counties
Association Bid Award 04-12-0823 RO, in the total amount of $80,648, to replace two dump
trucks destroyed by Hurricane Wilma.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Dion Oil Company to renew the existing fuel contract for delivery of diesel
fuel and unleaded gasoline for one additional year.
Board granted approval for the Mayor to execute the document entitled Trespass After
Warning Program authorizing Monroe County Sheriff's Deputies to enforce State Statute 810.09
at designated Parks & Beaches owned by Monroe County.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Humane Animal Care Coalition, Inc. for the operation of the Key Largo
Animal Shelter in the amount of$239,760.15 per year.
Board granted approval to conduct a Seminar entitled Disability and Disaster, Surviving
the Florida Keys on April 17, 2006 for a cost not to exceed $18,000.00.
Board granted approval to abate the office rent for Sanctuary Friends of the Florida Keys,
Inc. at the Florida Keys Marathon Airport, for the period of October 24,2005 to January 23,
2006.
Board granted approval of monthly report on Change Orders reviewed by the County
Administrator. There were three change orders approved by the County Administrator for the
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2006/26
period beginning December 15, 2005 and ending January 30, 2006. Said list is incorporated
herein by reference.
Board granted 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. 035-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 036-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 037-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 038-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 039-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 040-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 041-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 042-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 043-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 044-2006
Said Resolution is incorporated herein by reference.
02/15/2006
2006/27
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 045-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 046-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 047-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 048-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 049-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 050-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 051-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 052-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 053-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 054-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 055-2006
Said Resolution is incorporated herein by reference.
02/15/2006
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 056-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 057-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 058-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 059-2006
Said Resolution is incorporated herein by reference.
Amending Resolution No. 482-2005 (OMB Schedule Item No. 26).
RESOLUTION NO. 060-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 061-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 062-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 063-2006
Said Resolution is incorporated herein by reference.
Amending Resolution No. 405-2005 (OMB Schedule Item No. 30).
RESOLUTION NO. 064-2006
Said Resolution is incorporated herein by reference.
Amending Resolution No. 022-2006 (OMB Schedule Item No. 31).
RESOLUTION NO. 065-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 066-2006
Said Resolution is incorporated herein by reference.
2006/28
02/15/2006
Transfer of Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 067-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 34).
RESOLUTION NO. 068-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 069-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 070-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 37).
RESOLUTION NO. 071-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 38).
RESOLUTION NO. 072-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 39).
RESOLUTION NO. 073-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 40).
RESOLUTION NO. 074-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 41).
RESOLUTION NO. 075-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 42).
RESOLUTION NO. 076-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 43).
RESOLUTION NO. 077-2006
Said Resolution is incorporated herein by reference.
2006/29
02/15/2006
2006/30
Transfer of Funds (OMB Schedule Item No. 44).
RESOLUTION NO. 078-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 45).
RESOLUTION NO. 079-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 46).
RESOLUTION NO. 080-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 47).
RESOLUTION NO. 081-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 48).
RESOLUTION NO. 082-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 49).
RESOLUTION NO. 083-2006
Said Resolution is incorporated herein by reference.
Board granted approval of a General Fund Transfer for the Sheriff: to Transfer Funds for
FY 05 between functional distributions in accordance with F.S. Chapter 30.49(2)(a).
Board granted approval of the Fiscal Year 2007 Budget Timetable. Said table is
incorporated herein by reference.
Board granted approval and authorized execution of a Program Generated Income
Agreement, Project No. 02-CJ-2H-II-54-01-128, between Monroe County and Florida
Department of Law Enforcement for the Sunrise House Transitional Housing for Recovering
Homeless Men II Program, provided by Florida Keys Outreach Coalition.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Hillsborough Center Associates, LLC, for office space for the 16th Judicial Circuit's
Drug Court Program, and rescission of approval given on December 21,2005, ofa predecessor
lease.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise a Request for Applications (RF A) for the FY 2007
Bricks and Mortar/Capital Projects Grant.
02/15/2006
2006/31
Board granted approval to advertise a Request for Applications (RF A) for the FY 2007
Destination/TurnKey Event Funding.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Key West Harry S. Truman Foundation, Inc. to extend the
termination date of their agreement for the Little White House Project to August 1,2006.
Board adopted the following Resolution to provide additional advance registration,
booth-related expenses and travel-related expenses for Trade Shows for the Fiscal Year 2007 be
paid from Tourist Development Council Funds in Fiscal Year 2006.
RESOLUTION NO. 084-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Key West Symphony Orchestra covering the Key West Symphony Orchestra
2005-2006 Season between October 2005 and June 2006 to revise Exhibit A of the Contract.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Island Opera Theatre of the Florida Keys, Inc. covering the Island Opera
Theatre Concert Series between October 1, 2005 and September 30,2006 to revise Exhibit A.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and MetroMedia Marketing, Inc. to revise dates of the Ladies Let's Go Fishing
Islamorada Tournament to October 16, 2005.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Conch Republic Offshore Power Boat Racing Association, Inc.
covering the Key West World Championship Race on November 5-12, 2006 in an amount not to
exceed $95,841, DAC I, FY 2006 Event Resources.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and The Redbone, Inc. covering the Mercury Redbone Celebrity Baybone
Tournament to revise dates of event from October 20-22,2006 to October 6-8,2006.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Take Chances at the Helm, Inc. covering the 8th Annual
Hogsbreath-Keys 100 Race (2nd of Triple Crown of Distance Racing) in an amount not to exceed
$5,000, DAC V, FY 2006 Event Funding.
Board adopted the following Resolution amending Resolution No. 492-2005.
RESOLUTION NO. 085-2006
Said Resolution is incorporated herein by reference.
02/15/2006
2006/32
DIVISION OF GROWTH MANAGEMENT
Board granted approval to advertise Request for Statement of Qualifications (RSQ) for
professional services to manage removal of invasive exotic plant species on the Florida Keys
Scenic Highway Right of Way and to review and rank the proposals and recommend a firm to the
Board of County Commissioners.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a Request for Expenditures from the Law Enforcement Trust
Fund, as follows:
$1,325.00
KWHS Lady Conchs Fastpitch - These funds will be used to cover travel, hotel
stay and food for players to compete in the Kissimmee Classic.
KWHS Operation Graduation - These funds will be used to provide a safe, drug
and alcohol free celebration to recognize the achievements of our graduating
seruors.
MCSO - To purchase 50 signs for the MCSO Trespass Warning Program to be
used at all ten (10) County Parks.
$5,000.00
$1,000.00
TOTAL: $7.325.00
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution to waive any rights with respect to the sale of the
property known as Gulfshore Apartments located in Marathon Florida upon the satisfaction of
mortgage.
RESOLUTION NO. 086-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval and authorized execution of a Lease between Monroe County and
Strombus Corporation for the Public Defender at 801 Eisenhower Drive, Key West.
Board adopted the following Resolution in recognition 'of the late Joseph B. Allen, Jr.
RESOLUTION NO. 087-2006
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
December 7 and 21, 2005 meetings (previously distributed).
02/15/2006
2006/33
Board granted approval of Tourist Development Council Expenditures for the month of
January, 2006: Advertising, in the amount of $435,072.17; Bricks & Mortar, in the amount of
$85,171.30; Visitor Information Services, in the amount of $40,666.66; Events, in the amount of
$85,343.41; Office Supplies & Oper Costs, in the amount of$37,866.69; Personal Services, in the
amount of$45,226.75; Public Relations, in the amount of$109,018.78; Sales & Marketing, in the
amount of$54,263.92; Telephone & Utilities, in the amount of$15,965.16; Travel, in the amount
of $5,581.16.
Board granted approval of the following Warrants (121577-121777 (FSB) &
500001-500815 & 100001-100170 (Till): General Fund (001), in the amount of$3,807,687.95;
Fine & Forfeiture Fund (101), in the amount of$3,194,904.16; Road and Bridge Fund (102),
in the amount of$465,169.11; TDC District Two Penny (115), in the amount of$259,528.84;
TDC Admin. & Promo 2 Cent (116), in the amount of $508,393.42; TDC District 1,3 Cent
(117), in the amount of$100,676.54; TDC District 2, 3 Cent (118), in the amount of$2,136.07;
TDC District 3, 3 Cent (119), in the amount of$29,181.05; TDC District 4, 3 Cent (120), in
the amount of$4,705.99; TDC District 5, 3 Cent (121), in the amount of$6,749.60; Gov. Fund
Type Grants (125), in the amount of $1,183,170.99; Impact Fees Parks & Rec (131), in the
amount of$21,232.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$262,750.75;
Upper Keys Health Care (144), in the amount of$841.03; Fire & Amb Dist 6 Key Largo
(146), in the amount of$93,777.68; Uninc Svc Dist Parks & Rec (147), in the amount of
$18,608.75; Plan, Build, Zoning (148), in the amount of$458,444.33; Municipal Policing
(149), in the amount of$522,732.51; 911 Enhancement Fee (150), in the amount of$25,922.98;
Duck Key Security (152), in the amount of$4,003.01; Local Housing Assistance (153), in the
amount of$15,687.24; Boating Improvement Fund (157), in the amount of $28,066.67; Misc.
Special Revenue Fund (158), in the amount of$5,452.47; Environmental Restoration (160),
in the amount of $831.63; Marathon Municipal Service (166), in the amount of $5,192.00; Bay
Point Wastewater MSTU (168), in the amount of $240.40; Key Largo Wastewater MSTU
(170), in the amount of $4,486.66; 1 Cent Infra Surtax (304), in the amount of$459,191.86;
2003 Revenue Bonds (307), in the amount of$107,105.33; Card Sound Bridge (401), in the
amount of $292,346. 14; Marathon Airport (403), in the amount of$32,064.05; Key West IntI.
Airport (404), in the amount of$I,386,752.17; MSD Solid Waste (414), in the amount of
$941,925.29; Worker's Compensation (501), in the amount of$402.71; Group Insurance
Fund (502), in the amount of$288,057.57; Risk Management Fund (503), in the amount of
$18,635.96; Fleet Management Fund (504), in the amount of$87,770.84; Fire & EMS
LOSAP Trust Fund (610), in the amount of$1,770.00; Various Funds, in the amount of
$277,615.07.
Board granted approval to remove surplus equipment from inventory via disposal. Said
inventory listing is incorporated herein by reference.
COUNTY ADMINISTRATOR
The Board accepted the written report submitted by the County Administrator dated
February 7,2006 concerning the Monthly Activity Report for January 2006.
02/15/2006
2006/34
Board granted approval and authorized execution of a Consent to Assignment between
Monroe County and RW. Beck, Assignor, and Beck Disaster Recovery, Inc. Assignee.
Board granted approval to amend a 12-month Consulting Agreement between Monroe
County and Langton Associates, Inc., for professional grant consulting services from commencing
on December 1, 2005, and ending on November 30,2006, to commencing on February 1, 2006,
and ending on January 31,2007.
COUNTY ATTORNEY
Board granted authorization to initiate litigation to collect code enforcement fines that had
been imposed against Donald Brown in Code Enforcement Cases CE0408013 and CE04080133
and authorized the County Attorney's Office to negotiate settlements, if appropriate, in each case.
Board granted approval of payment to White & Smith, LLC for professional legal services
rendered in the amount of $29,004.56 (their Invoice No. 270), in Collins v. Monroe County v.
State of Florida, CAM-04-379.
Board granted approval to advertise a Notice of Public Hearing for March 15,2006
regarding Notice of Intention to consider adoption of a County Ordinance to establish a Purchase
and Development Program for the purchase of property for affordable and employee housing and
the development of the property.
Board granted approval to advertise a Notice of Public Hearing for an Ordinance to revise
Chapter 3, Monroe County Code, to prohibit abandonment of an animal, to require
spaying/neutering, to provide an incentive for permanent identification, to correct inconsistencies,
prohibit chaining, and to provide uniformity and more thoroughly cover issues faced by animal
control officers.
Board granted approval to rescind the verbal Resolution approved at the Special Meeting
of the BOCC held February 10, 2006 extending the deferral of the acceptance and processing of
development applications and the issuance of development approval for the redevelopment or
conversion often units of more of the multifamily rental housing and/or mobile home parks;
continuing this policy until new land development regulations are adopted by the County
Commission, from February 13, 2006 through February 15,2006 as being unnecessary.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed a request to allow Key Largo Ocean Resort (KLOR) to make
application, execute, and implement the Hazard Mitigation Grant Program (HMGP) which will
require a 12.5% match by Monroe County. Tom Willi, County Administrator addressed the
Board. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Rice granting approval of the above item with the following revision:
02/15/2006
2006/35
A request to allow Key Largo Ocean Resort (KLOR) to make application, ~xeetltc, ana
implcmcHt to the Hazard Mitigation Grant Program (HMGPt whieh. vviIl reql1irc a 12.5% mateh.
by Monrec Comity.
Motion carried unanimously.
Community Services Director, Sheila Barker addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting
approval of the following three (3) items:
Amendment 001 to the Home Care for the Elderly (HCE) Contract #KH472 between the
Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe
County Social Services/In-Home Services Program) for Fiscal Year July 1, 2004 through June 30,
2005, to decrease by $1,591.00 the HCE contract allocation for subsidies and increase the HCE
Contract #KH472 allocation for Case Management by $1,591.00. The total contract amount has
not changed.
Amendment 001 to the Home Care for the Elderly (HCE) Contract #KH572 between the
Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe
County Social Services/In-Home Services Program) for Fiscal Year July 1,2005 through June 30,
2006, to decrease by $2,01.00 the HCE contract allocation for subsidies and increase the HCE
Contract #KH572 allocation for Case Management by $2,010.00. The total contract amount has
not changed.
Submission of bids (applications) for Fiscal Years 4/06-12/08 Older Americans Act
(OAA) Grants, III-B and III-E, Supportive Services and National Family Caregiver Services,
respectively, also III-C I, III-C 2 (Nutrition Program).
Motion carried unanimously.
Airport Director, Peter Horton addressed the Board. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the
following two (2) items, as revised:
V{aiving Modify Monroe County Purchasing Policy for repair of hurricane damage at the
Florida Keys Marathon Airport Terminal and instead, to obtain at least two written price quotes
for future presentation to the Board for consideration.
VI aiving Modify Monroe County Purchasing Policy for repair of hurricane damage to
T-Hangars at the Florida Keys Marathon Airport and instead, accept the proposal from Across
Builders Corp., in the total amount of$142,861.00.
Motion carried unanimously.
02/15/2006
2006/36
County Engineer, Dave Koppel addressed the Board. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Spehar granting approval and
authorizing execution of the First Amendment to Agreement between Monroe County and Currie
Sowards Aguila Architects for Architectural Consultant Services at the Freeman Justice Center
construction site in Key West. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced one (1) vacant position on the Tourist Development Council District
II Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Public Works - Public Works Director, Dent Pierce reported to the Board the status of
free dumping of hurricane debris at the County landfills available for residents. Mr. Willi
addressed the Board.
Engineering - County Engineer, Dave Koppel updated the Board concerning the status of
the following projects: Key Largo Skate Park, Murray E. Nelson Government Center, and the
Key Largo Fire Station. Mr. Koppel advised the Board that he was assisting Islamorada in setting
up speed limits and signs. Mr. Koppel also updated the Board concerning the status of the
Freeman Justice Center, and the Stock Island/Big Pine Key/Conch Key Fire Stations.
Emergency Services - Fire Chief, Clark O. Martin, Jr. discussed hurricane
preparedness/readiness. Chief Martin, Mr. Willi and the Board discussed status of a permanent
Emergency Operations Center and state funding.
Budget & Finance - Budget & Finance Director, Sal Zappulla discussed the document
entitled Hurricane Summary, dated February 9,2006, concerning Hurricanes Dennis, Katrina,
Rita, and Wilma.
COUNTY ADMINISTRATOR
The Board discussed approval of Resolutions transferring funds for the purchase of a
helicopter to replace TraumaStar which was removed from service. Mr. Willi addressed the
Board and requested revising the agenda wording, as follows: Approval of an amendment to the
Sheriff's Fiscal Year 2005 - 2006 operating budget for the total amount of $45,931,077. Motion
was made by Commissioner Rice and seconded by Commissioner Neugent approving the wording
change. Motion carried unanimously. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson granting approval of the Sheriff's budget. Motion carried
unanimously. Sheriff Richard D. Roth addressed the Board. After discussion, motion was made
by Commissioner Nelson and seconded by Commissioner Neugent granting approval of the
purchase of a helicopter to replace TraumaStar which was removed from service; and adoption
the following Resolutions concerning the Receipt of Unanticipated Funds and Transfer of Funds.
Motion carried unanimously.
02/15/2006
2006/37
RESOLUTION NO. 088-2006
RESOLUTION NO. 089-2006
Said Resolutions are incorporated herein by reference.
COMMISSIONERS' ITEMS
Mayor McCoy discussed his item to resolve the location of the Children's Memorial Tree
GardenlPassive Park in the Upper Keys. Howard Gelbman addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson
granting conceptual approval of the site plan; and architecture services of FlU School of
Architecture for creating the design for the park/garden, pro-bono. Motion carried unanimously.
GROWTH MANAGEMENT
Howard Pappa, Monroe County's BicydeIPedestrian Planning Coordinator introduced
David Korros, District Transportation Plan Coordinator and Janet Seitlin, Scenic Highways
CoordinatorlMulti-mode Projects Administrator of the Florida Department of Transportation
(FDOT) who provided the Board with an update concerning the 5 Year Florida Transportation
Plan.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item with Mr. Korros and Ms. Seitlin of the
Department of Transportation concerning a Resolution beseeching the Florida Department of
Transportation to eliminate or reduce significantly the Camera Poles installed or planned to be
installed on U.S. Highway 1 in the Florida Keys. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution,
for same. Motion carried unanimously.
RESOLUTION NO. 090-2006
Said Resolution is incorporated herein by reference.
COUNTY CLERK
County Clerk, Danny L. Kolhage discussed a letter received from Rebecca Jetton,
Administrator - Area of Critical State Concern Program, Florida Department of Community
Affairs where a request is made for a refund of the money for an Affordable Housing Czar to the
sponsors in accordance with the percentage of contribution. Bill Loewy, representing Habitat for
Humanity, and Mr. Willi addressed the Board. After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Spehar to not refund any contributions and
utilize for affordable housing. Roll call vote was unanimous. Mr. Kolhage indicated that he will
write Ms. Jetton and request her opinion concerning the continued use of the balance of the funds.
The Board reconvened after lunch with Commissioner Nelson not present.
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WASTEWATER ISSUES
The Board discussed approval of a Resolution of the Key Largo Wastewater Treatment
District, requesting Monroe County to waive all planning and permitting fees for required permits,
for the Key Largo Wastewater Treatment District. Glenn Patton, Chairman of the Key Largo
Wastewater Treatment District and Thomas Dillon, District Counsel, addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice
approving the request. Motion carried unanimously, with Commissioner Nelson not present.
Chuck Fishburn, General Manager and Glenn Patton, Chairman gave the Board an update
on the status of Key Largo Wastewater Treatment District.
Commissioner Nelson entered the meeting and took his seat.
The Board discussed approval for a Resolution of the Key Largo Wastewater Treatment
District, requesting forgiveness of an administrative loan from Monroe County by an Interlocal
Agreement dated December 18,2002 in the amount of$100,000. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner Neugent approving the request.
Roll call vote was taken with the following results:
Commissioner Nelson Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Spehar No
Mayor McCoy Yes
Motion carried.
SOUNDING BOARD
John Nettles addressed the Board concerning the future of solar power and monies that
are or will be available to install solar power systems at emergency shelters. No official action
was taken.
COUNTY ADMINISTRATOR
Rick Beasley, Executive Director and Luis Gcizitua, Senior Mayoral Advisor discussed an
Interlocal Agreement between Miami-Dade and Monroe Counties creating the South Florida
Workforce Investment Board for Region 23 of the State of Florida. Assistant County Attorney,
Bob Shillinger and Mr. Willi addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Nelson granting approval and authorizing
execution of same. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning approval of various resolutions
implementing Workforce Housing Task Force recommendations relating to workforce/affordable
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2006/39
housing initiatives. Ed Swift, Reggie Paros, Housing & Community Development Director
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Rice to adopt the following Resolutions:
/ A Resolution of the Monroe County Board of County Commissioners requesting
Multi-Jurisdictional Cooperation in addressing Affordable/Workforce Housing needs for the
Florida Keys.
RESOLUTION NO. 091-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners requesting
Representative Sorensen to seek Legislation to limit increases in taxable assessments of property
restricted to Affordable Housing.
RESOLUTION NO. 092-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
Amendment to Section 9.5-122 of the Monroe County Code providing for Fractional ROGO
Allocations for small affordable housing units.
RESOLUTION NO. 093-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
Amendment to the Monroe County Code allowing gross parcel size calculations and density
bonuses for affordable/workforce housing; Directing required related Comprehensive Plan
Amendments.
RESOLUTION NO. 094-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
Amendment to the Monroe County Code allowing density increase for single unit zoned lots for
affordable housing; Directing required related Comprehensive Plan Amendments.
RESOLUTION NO. 095-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
Amendment to the Monroe County Code to grant more ROGO points for lot donations where
donated lots are immediately useable for affordable/workforce housing; Directing related required
Comprehensive Plan Amendments.
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2006/40
RESOLUTION NO. 096-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners continuing sale
price and rental formulas for affordable/workforce housing units but directing an Amendment to
the Monroe County Code relating to number of bedrooms; Directing required related
Comprehensive Plan Amendments.
RESOLUTION NO. 097-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
consideration of Amendments to the Monroe County Code establishing an ongoing role for the
Monroe County Housing Authority in administering and monitoring privately-owned Affordable
housing sales and rentals; Directing required related Comprehensive Plan Amendments.
RESOLUTION NO. 098-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners directing
consideration of Amendments to the Monroe County Code establishing in favor of Monroe
County or its designee rights offirst refusal for purchase for all future workforce/affordable
housing units; Directing required related Comprehensive Plan Amendments.
RESOLUTION NO. 099-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners regarding the award
of affordable/workforce housing allocations on a "Ready to Proceed" basis and establishing
policies relating to reservation of allocations pending Certificate of Occupancy.
RESOLUTION NO. 100-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners regarding public
ownership of underlying land for all future workforce/affordable housing projects developed with
County financial assistance.
RESOLUTION NO. 101-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners implementing a
70% locally derived gainful employment income requirement in order to qualify to rent or
purchase workforce housing.
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2006/41
RESOLUTION NO. 102-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners regarding
Deed-Restricted market rate units developed as part of Affordable/Workforce Housing projects
pursuant to Monroe County Code Section 9.5-266(a)(8).
RESOLUTION NO. 103-2006
Said Resolution is incorporated herein by reference.
A Resolution of the Monroe County Board of County Commissioners regarding continued
authorization for counsel and consultant assistance in implementing accepted Workforce Housing
Task Force Recommendations.
RESOLUTION NO. 104-2006
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Commissioner Nelson excused himself from the meeting.
The Board discussed the following two (2) items:
Approval of second addendum to the Lease Contract with Lazy Days R V Center, Inc. for
the cleaning, inspection, relocation and reinstallation of trailers.
Approval to accept under Chapter 4-B of Monroe County Purchasing Policy responses to
an informal RFQ and to approve an Agreement for Consulting Services with Muller and
Associates, Inc. to prepare a Land Acquisition and Management Plan.
Mr. Willi addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Spehar granting approval of the above items. Motion
carried unanimously, with Commissioner Nelson not present.
Commissioner Nelson returned to the meeting and took his seat.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution approving the request
for Administrative Relief made by Maria Eguizabal on the lot described as Lot 12, Block 7,
Winston Waterways Subdivision, Key Largo, RE#00547211.001200. The recommended relief is
in the form of a dwelling unit allocation. There was no public input. Motion was made by
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2006/42
Commissioner Rice and seconded by Commissioner Spehar to adopt the following Resolution.
Mr. Willi addressed the Board. Motion carried unanimously.
RESOLUTION NO. 105-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the request
for Administrative Relief made by Dean Parkinson on the lot described as Lot 5, Block 16, Twin
Lakes, Key Largo, RE#00550220.000000. The recommended relief is in the form ofa dwelling
unit allocation. 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. 106-2006
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the request
for Administrative Relief made by Constance Smith on the lot described as Lot 20, Block 6,
Buccaneer Point Subdivision, Key Largo, RE#00496131.0 151 00. The recommended relief is in
the form of a dwelling unit allocation. There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 107-2006
Said Resolution is incorporated herein by reference.
A Public Hearing to consider an Ordinance amending Sections 9.5-4 and Section 9.5-266
of the Land Development Regulations regarding inc1usionary housing requirements, providing for
regulations regarding mobile home conversions and amending definitions. Motion was made by
Commissioner Rice and seconded by Commissioner Nelson to continue the item to the March 15,
2006 Board meeting in Key West, as requested by the Planning Department. Mr. Willi addressed
the Board. Motion carried unanimously. (The Planning Department is requesting that this item
be continued because the Planning Commission is still considering this item).
COUNTY ADMINISTRATOR
The Board discussed County Attorney Richard Collins' contract. Assistant County
Attorney Bob Shillinger addressed the Board. After discussion, motion was made by
Commissioner Spehar to appoint Assistant County Attorney Suzanne Hutton as Interim County
Attorney for the length of the contract that now exists and that Mr. Collins, at his option, may
continue on in a capacity he feels comfortable in. The Board discussed the matter further. Mr.
Shillinger addressed the Board a second time. Motion was then made by Commissioner Spehar
and seconded by Commissioner Nelson to provide Mr. Collins with written notice to buyout his
contract without cause and that Suzanne Hutton be appointed as Interim County Attorney
through the completion of the contract - January 14, 2007 at 5:00 P.M. Roll call vote was taken
with the following results:
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2006/43
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
Mayor McCoy
Yes
No
No
Yes
Yes
Motion carried.
COUNTY ATTORNEY
The Board accepted the written February 2006 Litigation Report, dated February 10,
2006. Mr. Shillinger discussed the Attorney-Client Closed Session scheduled for February 21,
2006 at 9:00 A.M. at the Marathon Government Center concerning Thomas F. Collins, et al v.
Monroe County v. State of Florida, Case No. CAM-04-379. Mr. Shillinger informed the Board
that Attorney Bob Freilich would not be available in person to attend the session. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to
hold the Attorney-Client Closed Session for this matter telephonically. Motion carried
unanimously. Mr. Shillinger also discussed the following litigation matters: Tropex Construction
Service, Inc. v. Monroe County - breach of contract suit filed by contractor who terminated
contract to build Tavernier Fire Station before commencement of construction; FEMA/Key Deer
- the Federal Government decided to move forward with its' appeal of the injunction and filed
their brief. The Board agreed that an Amicus Briefbe filed on behalf of Monroe County; Big Pine
Key Park/Key Deer - parties decided to dismiss suit due to revised federal biological opinion.
Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Rice authorizing payment to Lomurro, Davison, Eastman
& Munoz, P.A. for professional legal services rendered by Robert S. Bonney, Jr., Esq. to James
Roberts, former County Administrator, in United States of America v. James Hendrick from
September 1, 2005 and continuing during the pending litigation. Motion carried unanimously.
Commissioner Nelson excused himself from the remainder of the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance approving the request
by Earthmark Companies, LLC. to amend the Land Use District (Zoning) Map from Suburban
Commercial (SC) to Mixed Use (MU) for the properties described as Lots 1,2,3,4, 5, 6, 7, 8,
30, 31, 32 and 33, Block 2, Mandalay, according to the plat thereof as recorded in Plat Book 1,
Page 194, having real estate number: 00554420.000000; and to amend the Land Use District
(Zoning) Map from Urban Residential Mobile Home (URM) to Urban Residential (UR) for the
properties described as a strip ofland 125 feet wide and 250 feet in depth off the southwesterly
side of Block 3, said strip being 125 feet on East First Street and East Second Street, and 250 feet
on Second Avenue, Mandalay, Key Largo, according to the plat thereof recorded in Plat Book 1,
Page 194 of the Public Records of Monroe County, Florida, and a Tract of Land in Block 3 of
Mandalay, a Subdivision of Key Largo, according to the plat recorded in Plat Book 1, at Page
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2006/44
194 Public Records of Monroe County, Florida said Tract having a frontage of 100 feet on East
First Street, according to the plat of Manda lay, and a depth of95 feet and further described as the
northwesterly 95 feet of the northeasterly 100 feet of the southwesterly 225 feet of said Block 3,
and the northeasterly 50 feet of the southwesterly 175 feet, and the northeasterly 50 feet of the
southwesterly 225 feet, Block 3 Mandalay, a Subdivision on Key Largo, according to the Plat
recorded in Plat Book 1, Page 194 Public Records of Monroe County, Florida, less the
northwesterly 95 feet of the northeasterly 100 feet of the southwesterly 225 feet thereof of said
Block 3, having real estate number 00554730.000000,00554700.000000 and 00554670.000000
at approximately mile marker 98, Key Largo, Monroe County, Florida. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Ordinance. Motion carried unanimously, with Commissioner Nelson not
present.
ORDINANCE NO. 003-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance approving the request
by John C. and Wendi A. Moore for a Land Use District Map designation amendment from Sub
Urban Commercial (SC) to Mixed Use (MU) for properties legally described as Lot 1, Lot 2 and
Lot 3, Block 13, Lake Surprise Estates, Key Largo, Monroe County, Florida, at approximate mile
marker 106. The real estate numbers are 00537400.000000,0053741.000000 and
0053742.000000; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
Assistant County Attorney, Bob Shillinger addressed the Board. The following public speakers
addressed the Board: Joe R. Rodriguez and Susan Bye. Acting Planning & Environmental
Resources Director, Aref Joulani addressed the Board. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance.
Motion carried unanimously, with Commissioner Nelson not present.
ORDINANCE NO. 004-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to the
Department of Community Affairs the request filed by Zacharias Frederick 1., Trustee to amend
the Monroe County Year 2010 Comprehensive Plan Future Land Use Map from Mixed
Use/Commercial (MC) to Residential High (RH) for property described as Tract A, Cross Key
Waterways Estates, Section 3, Key Largo, Monroe County, Florida. The property is located at
approximate mile marker 103, real estate number 00468473.019200. The following public
speakers addressed the Board: Ian Cortina, Charles Walsh, Joel Reid, representing Zacharias
Frederick, Gil Grove. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent to adopt the following Resolution. Motion carried unanimously, with
Commissioner Nelson not present.
RESOLUTION NO. 108-2006
Said Resolution is incorporated herein by reference.
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2006/45
A Public Hearing to consider an Ordinance amending Sections 9.5-22 of the Land
Development Regulations regarding the terms and selection of appointed Planning
Commissioners, limiting the terms of vacancy, expanding the field of qualified candidates, their
geographic locations, as well as a deletion of term limitations. There was no public input.
Motion was made by Commissioner Spehar and seconded by Commissioner Rice to continue the
item to the March 15, 2006 Board meeting in Marathon as requested by the Planning Department.
Motion carried unanimously, with Commissioner Nelson not present. (The Planning Department
is requesting that this item be continued because the Planning Commission is still considering this
item).
A Public Hearing was held to consider a Budget Amendment to the General Fund 00 I and
adoption of a Resolution for the Receipt of Unanticipated Funds. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the
following Resolution. Motion carried unanimously, with Commissioner Nelson not present.
RESOLUTION NO. 109-2006
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
i2JJC. ~"-~
Isabel C. DeSantis, Deputy Clerk