12/19/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2001/356
Regular Meeting
Board of County Commissioners
Wednesday, December 19, 2001
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
10:00 AM" on the above date in the Marathon Government Center, Present and answering to
roll call were Mayor Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
George Neugent, Commissioner Dixie Spehar and Commissioner Nora Williams, Also present
were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James L. Roberts, County
Administrator; James T. Hendrick, County Attorney; 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 Spehar and seconded by Commissioner Neugent
granting approval of the additions, corrections and deletions to the Agenda, Motion carried
unanimously,
PRESENTATION OF AWARDS
Presentation of recognition of Commissioner Neugent's outstanding services to the
citizens of Monroe County as Mayor.
Presentation of an award to the Guidance Clinic of the Middle Keys by the Board of
County Commissioners and the Florida Keys Council for People with Disabilities (FKCFPWD)
Chairman Charles Ingraham, This award recognizes the efforts of the Guidance Clinic of the
Middle Keys in assisting and hiring the physically disabled of Monroe County,
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Williams
granting approval of the following items:
Board granted approval to remove surplus equipment from inventory via advertising for
bids/disposal/trade and approval to award Surplus equipment as described on attached list. Said
list is incorporated herein by reference,
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Board granted approval and authorized execution of Modification Number One to Hazard
Mitigation Grant Agreement Number 0IUN-6P-II-54-15-007 between Monroe County and the
Department of Community Affairs, Division of Emergency Management, modifying the Scope of
Work. RE: FEMA Project 1249-30, Monroe County Generators Project, and adopted the
following Resolutions for same:
Concerning the Transfer of Funds,
RESOLUTION NO. 476A-2001
Said Resolution is incorporated herein by reference,
Concerning the Receipt of Unanticipated Funds,
RESOLUTION NO. 477A-2001
Said Resolution is incorporated herein by reference,
Board granted approval and authorized execution of Article XV (Contract Amendments)
of the South Florida Employment and Training Consortium Liaison Contract
#WWW-PY'OI-01-01, correcting Article XV on Page 16 of the Contract.
Board granted approval of the Monroe County Public Library Annual Plan of Service for
the Year 2002, submitted by Norma Kula, Director of Libraries, dated November 30, 2001,
Board granted approval and authorized execution of a License Agreement between
Monroe County and Baker & Taylor, Inc, to subscribe to the Title Source II product which is an
online automated system that provides library materials ordering, inventory management and
records downloading for the Monroe County Public Libraries.
Board granted approval to award one surplus bus, described as County Unit 1806-006,
1989 Ford Van bus which has over one hundred fifty thousand miles and is economically beyond
repair, to Lewis Green the highest bidder, Per bid recap of November 28,2001.
Board granted approval to award one surplus bus, described as County Unit 1817-004,
1993 Ford passenger bus which has over one hundred fifty thousand miles and is economically
beyond repair, to Zola Green the highest bidder, Per bid recap of November 28,2001.
Board granted approval to award one surplus bus, described as County Unit 1807-069,
1993 Ford passenger bus which has over one hundred fifty thousand miles and is economically
beyond repair to Marathon Seventh Day Adventist Church the highest bidder. Per bid recap of
November 28,2001.
Board granted approval and authorized execution of the Monroe County Commitment of
Cash Donation for Contract KZ 197 for the Alzheimer's Disease Initiative for Fiscal Year 7/1/01
through 6/30/02 between the Alliance for Aging, Inc" and the Monroe County Board of County
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Commissioners/Monroe County Social Services (Monroe County In-Home Service Program, the
Case Management Agency),
Board granted approval and authorized execution of Monroe County Commitment of
Cash Donation for Fiscal Year 2002 Grant Application for Older Americans Title III-E Family
Caregiver Support Project 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 (Monroe County In-Home Service Program, the
Case Management Agency),
Board granted approval and authorized execution of Monroe County Commitment of
Cash Donation for Contract KC171 for the Community Care for the Elderly Contract for Fiscal
Year 7/1/01 through 6/30/02 between the Alliance for Aging, Inc, and the Monroe County Board
of County Commissioners/Monroe County Social Services (Monroe County In-Home Service
Program, the Case Management Agency),
Board granted approval and authorized execution of Monroe County Commitment of
Cash Donation for Contract KH172 for the Home Care for the Elderly for Fiscal Year 7/1/01
through 6/30/02 (Case Management only) between the Alliance for Aging, Inc, and the Monroe
County Board of County Commissioners/Monroe County Social Services (Monroe County
In-Home Service Program, the Case Management Agency),
Board granted approval and authorized execution of the USDA Rate Agreement Contract
#US-251 between Monroe County and the Alliance for Aging, Inc, for reimbursement to Monroe
County Nutrition Program for meals served for congregate and home-delivered program clients,
Board granted acceptance of the Monroe County Florida Volunteer Firefighter and
Emergency Medical Services Length of Service Award Plan, Actuarial Report, January 1,2001,
prepared by Mouton & Company, Inc,
Board granted approval and authorized execution of a Community Training Center
Agreement between Monroe County and American Heart Association, Inc, for Monroe County
to provide and manage the training for emergency cardiovascular care under the guidelines and
curriculum of the American Heart Association for a two year period beginning September 1, 2001
and ending August 31, 2003,
Board granted approval to apply for Emergency Management Preparedness and
Assistance Competitive Grant Application for the purchase of a portable emergency
communications radio tower,
Board granted approval to apply for Emergency Management Preparedness and
Assistance Competitive Grant Application for the purchase of equipment to outfit a Hazardous
Materials Response Team,
Board granted approval and authorized execution of an Agreement for Emergency
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Medical and Fire Protection Services between Monroe County and Ocean Reef Volunteer Fire
Department, Inc" in Municipal Services Taxing District 7 for fiscal year 2002,
Board granted approval to extend the Agreement between Monroe County and Keys
Pathology Associates, P A for Interim District Sixteen Medical Examiner services extending
through January 31,2002,
Board granted approval to award Public Works surplus equipment to the high bidder
(items 6-12), Said list is incorporated herein by reference,
Board granted approval to piggyback on City of Ft. Lauderdale, Florida, bid and purchase
two (2) new Vibratory Compactors from Nortrax Equipment Co, in the total amount of
$54,550,00,
Board granted approval to rescind Agreement between Monroe County and
DMG-Maximus, Inc, and granted approval and authorized execution of a Professional Consulting
Services Agreement between Monroe County and Maximus, Inc" to conduct a comprehensive
review of and provide a report on Fleet Management's operation and practices,
Board granted approval of the monthly report on Change Orders reviewed by the County
Administrator,
Board adopted the following Resolutions concerning the transfer of funds, receipt of
unanticipated funds, and rescinding Resolutions:
Transfer of Funds (OMB Schedule Item No, 1),
RESOLUTION NO. 478-2001
Said Resolution is incorporated herein by reference,
Rescinding Resolution No, 375-2001 (OMB Schedule Item No, 2),
RESOLUTION NO. 479-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No, 3),
RESOLUTION NO. 480-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No.4),
RESOLUTION NO. 481-2001
Said Resolution is incorporated herein by reference,
12/19/2001
Transfer of Funds (OMB Schedule Item No, 5),
RESOLUTION NO. 482-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No, 6),
RESOLUTION NO. 483-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No, 7),
RESOLUTION NO. 484-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 8),
RESOLUTION NO. 485-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 9),
RESOLUTION NO. 486-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 10),
RESOLUTION NO. 487-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No, 11),
RESOLUTION NO. 488-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No, 12),
RESOLUTION NO. 489-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No, 13),
RESOLUTION NO. 490-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 14),
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RESOLUTION NO. 491-2001
Said Resolution is incorporated herein by reference,
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 492-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 493-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 17),
RESOLUTION NO. 494-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 18),
RESOLUTION NO. 495-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 19),
RESOLUTION NO. 496-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 20),
RESOLUTION NO. 497-2001
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No, 21),
RESOLUTION NO. 498-2001
Said Resolution is incorporated herein by reference,
Board granted approval to apply for Residential Substance Abuse Treatment Grant and
adopted the following Resolution authorizing the submission of a Grant Application to the Florida
Department of Law Enforcement for the FY 01/02 Residential Substance Abuse Treatment for
Prisoners Held in Local Correctional Facilities Grant Program,
RESOLUTION NO. 499-2001
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Said Resolution is incorporated herein by reference,
Board granted approval and authorized execution of an Agreement between Monroe
County and Rural Health Network of Monroe County, Florida, Inc, to provide primary health
care services to the citizens of Monroe County,
Board granted approval and authorized execution of an Agreement between Monroe
County and Health Council of South Florida, Inc. to perform a study of the health care needs of
Monroe County,
Board granted approval to rent 32 additional parking spaces on a month to month basis to
the four on-site rental car companies at the Key West International Airport,
Board granted approval and authorized execution of a Contract between Monroe County
and Standen Contracting Company, Inc, for construction services for the Noise Insulation
Program for the Key West International Airport,
Board granted approval and authorized execution of a Purchase/Service Order No,
00/01-22 between Monroe County and URS for Architectural & Engineering services for Phase 2
of the Noise Insulation Program for the Key West International Airport,
Board granted approval and authorized execution of a Public Transportation Supplemental
Joint Participation Agreement Number 1, Contract No. AK043, between Monroe County and the
Florida Department of Transportation for Monroe County Planning Studies,
Board granted approval and authorized execution of a Public Transportation Supplemental
Joint Participation Agreement Number 1, Contract No, AJ815, between Monroe County and the
Florida Department of Transportation to provide funding for the Sheriffs Apron and Hangar
Project at the Florida Keys Marathon Airport,
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement, Contract No, AL024, between Monroe County and Florida Department
of Transportation to provide funds for design and construction ofa Jet Aviation Fuel Farm at the
Florida Keys Marathon Airport,
Board granted approval to extend Ace Building Maintenance Agreement for janitorial
services at the Key West International Airport on a month to month basis, pending Request for
Proposals and new Contract for services,
Board granted approval to advertise a Request for Proposals for janitorial services at the
Key West International Airport,
Board granted approval of award of bid to D,L. Porter for miscellaneous improvements
(terminal modifications) for the Key West International Airport Terminal.
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Board granted approval and authorized execution of an Agreement between Monroe
County and URS Corporation Southern for general consulting services for the Monroe County
Airports,
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement, Contract No, AL023, between Monroe County and the Florida
Department of Transportation to fund Terminal modifications at the Key West International
Airport,
Board granted approval and authorized execution of a Purchase/Service Order No,
01/02-09 for plans and specifications for security items (phase 2) at the Key West International
Airport,
Board granted approval and authorized execution of Public Transportation Supplemental
Joint Participation Agreement Number 3, Contract No, AF373, between Monroe County and the
Florida Department of Transportation for the Commercial Apron Project at the Key West
International Airport,
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement between Monroe County and the Florida Department of Transportation
for Security Equipment for the Key West International Airport,
Board granted approval and authorized execution of a Purchase Service/Order No,
01/02-07 between Monroe County and URS for construction phase services for the standby
generator and building at the Key West International Airport,
Board granted approval and authorized execution of Contract Change Order NO.2
between Monroe County and Toppino's Inc, for the Parking Lot Project at the Key West
International Airport,
Board granted approval to terminate the Lease with Deputy Jan Smiarowski and granted
approval to enter into a one-year Lease Agreement with a Deputy appointed by the Monroe
County Sheriff to reside in the modular home at Bernstein Park.
Board granted approval to accept and execute the 2001 Florida State Historical Records
Advisory Board Local Historical Records Grant Program Grant Agreement between Monroe
County and the Department of State, Division of Library and Information Services,
AIRPORTS
Board granted approval and authorized execution of a Lease Amendment between
Monroe County and Paradise Aviation, Inc, to add 37,800 square feet to the existing Lease for
the remainder of their original Lease,
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Board granted approval and authorized execution of the Marathon Airport Terminal
Amended Cleaning Contract between Monroe County and Gail Holley d/b/a Birds of Paradise
Cleaning Service as original Contract stated the business was incorporated, The business is not
incorporated, but Doing Business As (d/b/a),
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the following Request for Expenditures from the Law
Enforcement Trust Fund, in the total amount of$14,669,OO:
$1,600 This amount will be given to the Coral Shores Cross Country Team to be
used to help with the cost of summer camp for the distance runners,
$2,500 This amount will be given to the Educational Coalition for Monroe County
to be used for a summer program for 12-18 year old students interested in the arts.
$6,000 This sum will be given to the Marathon Rotary Club to support the
Sheriffs Toys for Tots Program, Sheriffs Office officers and employees will buy toys for
distribution as Christmas gifts to needy children,
$2, 144 This sum will purchase six digital audio recorders for use by our
investigators, The digital technology eliminates the use of audio tape, The digital recordings can
be stored electronically, e-mailed, and are virtually permanent.
$2,425 This sum will be used by the American Youth Soccer Organization towards
team declaration fees, referee fees, and player registration fees for the all-star games in January,
2002.
COMMISSIONERS' ITEMS
Board granted approval to name a road Frazier Lane on SugarloafKey that is currently
unnamed.
Board granted approval for an increase of $40,000 for the Transportation Disadvantaged
Program facilitated by the Guidance Clinic of the Middle Keys,
COUNTY CLERK
FINES & FORFEITURES
Court Reporter Services, All Keys Reporting, in the amount of$I,436,75; Amy Landry
Reporting, in the amount of$105,OO; Associated Court Reporters, in the amount of$I,627,50;
Florida Keys Reporting Inc" in the amount of$150,OO; Laws Reporting Inc" in the amount of
$275,75, Court Interpreter, Alex Diaz, in the amount of$215,OO; Ana M, Stults, in the amount
of$35,OO; Claudia M, Hancock, in the amount of$240,OO; Connie Aguero, in the amount of
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$85,00; Estrella Garcia, in the amount of$185,OO; Grace Connors; in the amount of$145,OO;
Jean C. Nelson, in the amount of $900,00; Jiri Dolezal, in the amount of$50.00; Martha
Hernandez, in the amount of$80.00; Mary Lou Waas, in the amount of$40,OO; Sergio Alvarez,
in the amount of $215,00,
WARRANTS
Board approved the following Warrants (#58201-59404 & 201897-201976):
General Fund (001), in the amount of$l, 121,547,93; Sup to General Revenue (002),
in the amount of $43,583.42; Fine & Forfeiture Fund (101), in the amount of$2,565,136.45;
Road and Bridge Fund (102), in the amount of$523,701.15; Law Library Fund (103), in the
amount of$3,263.24; TDC District Two Penny (115), in the amount of$217,937,03; TDC
Admin & Promo 2 Cent (116), in the amount of$161,208.71; TDC District 1,3 Cent (117), in
the amount of$41,084.66; TDC District 2,3 Cent (118), in the amount of$II,772,77; TDC
District 3,3 Cent (119), in the amount of$38,526,82; TDC District 4,3 Cent (120), in the
amount of$5,342,33; TDC District 5,3 Cent (121), in the amount of$5,735.45; Gov. Fund
Type Grants (125); in the amount of $440,471.25; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$41,153,02; Translator System Svc Dst (142), in the amount of $587.46; Upper
Keys Health Care (144), in the amount of$I,620.50; Fire & Amb Dist 6 Key Largo (146), in
the amount of$11,505,61; Uninc Svc Dist Parks & Rec (147), in the amount of$7,511.17;
Plan, Build, Zoning (148), in the amount of $88,382.69; Municipal Policing (149), in the
amount of$356,500.25; 911 Enhancement Fee (150), in the amount of $4,547,04; Duck Key
Security (152), in the amount of$5,349,79; Local Housing Assistance (153), in the amount of
$98,853,19; Boating Improvement Fund (157), in the amount of$I,301.80; Misc. Special
Revenue Fund (158), in the amount of$I,215.42; FL Keys Marine Marathon (159), in the
amount of$33,800,OO; Law Enforcement Trust (162), in the amount of $406,729, 19; 1 Cent
Infra Surtax (304), in the amount of$III,832,39; Card Sound Bridge (401), in the amount of
$6,057.22; Marathon Airport (403), in the amount of$33,755.13; Key West IntI Airport
(404), in the amount of $494,750, 15; MSD Solid Waste (414), in the amount of$683,351.24;
Worker's Compensation (501), in the amount of$8,814,51; Group Insurance Fund (502), in
the amount of$177, 175,93; Risk Management Fund (503), in the amount of$10,311,72; Fleet
Management Fund (504), in the amount of$81,974,72,
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of November 2001: Advertising, in the amount of$2,925,60; Chamber Payments, in
the amount of$63,416,64; Events, in the amount of $100,942.25; Office Supplies & Oper
Costs, in the amount of$19,937,54; Personal Services, in the amount of$65,656,52; Public
Relations, in the amount of $29,323 ,97; Sales & Marketing, in the amount of$35,362,50;
Telephone & Utilities, in the amount of$7,917,52; Travel, in the amount of$7,096.56.
Board granted official approval of the Board of County Commissioners minutes from the
Regular meetings of October 17 & 18, 2001,
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2001/366
COUNTY ADMINISTRATOR
Board granted approval to close the 7 Mile Bridge on Saturday, April 20, 2002 from 7:00
a.m, to 9:00 a,m, for the purpose of the 21st Annual 7 Mile Bridge Run, contingent upon the
completion of all required documents,
Board granted approval and authorized execution of a Consulting Agreement between
Monroe County and Commonwealth Consulting Corporation for continuing consulting services,
commencing January 1, 2002 and ending on December 31,2002,
COUNTY ATTORNEY
Board granted approval and authorized execution of a Bailment Agreement between
Monroe County and Key West Art & Historical Society, Inc, (KWAHS) covering two (2) Mario
Sanchez woodcarvings for one additional year,
Board granted approval and authorized execution of a Reimbursement Contract between
Monroe County and KW Resort Utilities Corp, for the preparation of engineering plans needed
for the expansion of the Utility's wastewater collection infrastructure into south Stock Island,
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of two portions of Second Street from Avenue E
to Avenue F and from Avenue F to Avenue G in Sands Subdivision, Big Pine Key, Monroe
County, Florida,
RESOLUTION NO. 500-2001
Said Resolution is incorporated herein by reference,
Board granted approval for payment of legal fees and costs submitted by Mark S. Ulmer
of Ulmer, Hicks & Schreiber, P,A., regarding acquisition of Swartz property; Marathon, Monroe
County,
Board rescinded award of bid to Toppino's, Inc, for exotic plant removal at Key West
International Airport, rejecting all bids, and directing re-bid,
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Islamorada, Village of Islands for the County to pay the
Village for EMS vehicles and equipment for which a Contract for purchase was entered into prior
to the effective date of the original Agreement.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Islamorada, Village of Islands for the County to pay the
Village for projects, equipment or other purposes for which a Contract for purchase was entered
into prior to the effective date of the original Agreement.
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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 Nelson granting approval to
waive purchasing policies and purchase two (2) solar-powered message boards from National
Signal, Inc. in the total amount of $26,000,00. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Williams
granting approval and authorizing execution of an Agreement for Joint Ownership and Operation
of a Bell UH-1 Helicopter utilized for Public Safety Missions between Monroe County and the
Sheriff of Monroe County, deleting Section 9.(1) Annual Report, Motion carried unanimously,
AIRPORTS
County Administrator James Roberts addressed the Board, Motion was made by
Commissioner Neugent and seconded by Commissioner Williams to table the approval of a lease
amendment with Blue Sky Restaurant, Inc, for the development and operation of a restaurant at
the Florida Keys Marathon Airport Terminal to the next regular Board meeting in Key West at a
time certain, Motion carried unanimously,
MONROE COUNTY HOUSING FINANCE AUTHORITY
1. Manuel Castillo, representing the Monroe County Housing Authority; and County
Attorney James 1. Hendrick addressed the Board, After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution
approving the issuance of not exceeding $9,350,000,00 Monroe County Housing Finance
Authority Multifamily Housing Revenue Bonds, Series 2002 (Roosevelt Gardens Apartments
Project) pursuant to Chapter 159, Part IV, Florida Statutes, as amended, Motion carried
unanimously,
RESOLUTION NO. 477-2001
Said Resolution is incorporated herein by reference.
Richard Casey, representing the Monroe County Housing Authority, and Mr, Hendrick
addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner
Neugent to adopt the following Resolution approving the issuance by the Housing Finance
Authority of Lee County (Florida) of its Single Family Mortgage Revenue Bonds in the aggregate
amount not to exceed $99,000,000 to provide funds to finance qualifying single family mortgage
loans in various counties within the State of Florida, including Monroe County, and providing an
effective date, Motion carried unanimously,
RESOLUTION NO. 476-2001
Said Resolution is incorporated herein by reference,
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2001/368
COMMISSIONERS' ITEMS
The Board discussed Mayor McCoy's item concerning the appointment of Commissioner
George Neugent as the liaison to the Citizens Code Committee and the Planning Commission,
After discussion, motion was made by Commissioner Williams and seconded by Commissioner
Spehar granting approval of Commissioner George Neugent to serve as the liaison to the Citizens
Code Committee and on those issues to the Growth Management Division, Motion carried
unanimously,
Commissioner Neugent discussed his item with the Board regarding Monroe County 2003
Budget and the implications due to House/Senate special session budget approval concerning tax
to the County, Mr, Roberts addressed the Board,
Commissioner Neugent discussed his item with the Board concerning adoption of a
Resolution to the Florida Fish and Wildlife Conservation commission supporting the prohibition
of diving for lobster in the confined waters of Monroe County such as man-made canals, basins,
and marinas, After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson to table the item to the next regular Board meeting in Key West at a time
certain, Motion carried unanimously,
Commissioner Williams discussed her item with the Board concerning various
developments on Land Use Issues, including FKAA delays on planned projects and possible fiscal
impacts, steps we can take to move projects forward, and further information on the federal
authorization.
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance
District convened, Present and answering to roll call were Mayor Charles" Sonny" McCoy,
Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and
Chairperson Yvonne Harper.
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of an Amendment to the Interlocal Agreement with the City of Marathon
concerning provision of fire rescue and emergency medical services within and adjacent to the
municipal boundaries of the City of Marathon on a month-to-month basis, effective January 1,
2002, Public Safety Director, Reggie Paros; Andy McBroom, President of the International
Association of Fire Fighters, Local #3909; Marathon City Manager Craig Wrathell, Mr. Roberts
and Mr, Hendrick addressed the Board, After discussion, motion was made Commissioner
Neugent and seconded by Mayor McCoy granting approval of the Interlocal Agreement with the
following change:
Page 2 TERM
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2001/369
1, The initial term of this Agreement shall be for the fifst two quarter~ of Fiscal Year
2002, a period commencing October 1, 2001, and thence on a month-to-month basis, unless
terminated earlier under this Agreement.
EARLY TERMINATION:
1, Either party may terminate this Agreement without cause after March 15. 2002 upon
giving to the other at least fifteen (15) days prior written notice of the effective termination date,
Page 3, Paragraph 2:
This Amendment supersedes the origiflal interlocal agreement between the parties dated
September 19, 2001, However. except as specifically provided for in this Amendment. in all other
respects the terms and conditions of the original Agreement dated October 1. 2000 remains in full
force and effect.
Roll call vote was unanimous.
There being no further business, motion was made by Commissioner Williams and
seconded by Commissioner Spehar to adjourn the meeting,
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The Board of County Commissioners reconvened with all Commissioners present.
COUNTY ATTORNEY
Mr, Hendrick addressed the Board, Motion was made by Commissioner Neugent and
seconded by Commissioner Spehar authorizing the County Attorney to hold a Closed Session
tomorrow (Thursday, December 20, 2001) at 11:45 in the Marathon Government Centerto
discuss the litigation and potential resolution of the Marathon Park Condemnation litigation,
Present will be County Administrator Jim Roberts, County Engineer Dave Koppel, Litigation
Attorney Mark Ulmer and County Attorney Jim Hendrick. Motion carried unanimously,
COMMISSIONERS' ITEMS
Commissioner Neugent discussed Agenda item G2 previously tabled (see minutes page
2001/367) as Mr, Ehrhorn of the Blue Sky Restaurant, Inc" requested to make a short
presentation concerning the development and operation of a restaurant at the Florida Keys
Marathon Airport Terminal (also see minutes page 2001/372 for official Board action),
Jack King made a power point presentation to the Board on the Key West ~ Florida Keys
Historical Military Memorial.
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SOUNDING BOARD
Beth Fennell discussed damage done to her property when a contractor for Fish and
Wildlife attempted to rid the lot next to hers, owned by Monroe County, of invasives, This matter
was referred to Staff to come back to the Board at the next meeting with a report,
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item with the Board concerning approval for the use
of two (2) acres ofland on Crawl Key to establish a Feral Cat Community, The program will be
maintained and operated by Forgotten Felines, Inc, The following individuals addressed the
Board: Gwen Hawtoff, President of the Florida Keys Society for Prevention of Cruelty to
Animals; Sally Buehler, Nancy Warner, Janice McCarthy, and Susan Mickey, all representing
Forgotten Felines, Inc, After discussion, motion was made by Commissioner Williams and
seconded by Commissioner Spehar to remand the matter to the Feral Cat Committee established
by the Board to bring together concerns raised by Forgotten Felines and the community for
recommendations to the BOCC, Roll call vote was taken with the following results:
Commissioner Nelson Yes
Commissioner Neugent No
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor McCoy Yes
Motion carried,
Commissioner Williams discussed her item with the Board concerning approval of a
Resolution providing that the Divisions of Public Works and Growth Management work together
to review the 7 year road work plan to include stormwater improvements in all future road
projects where feasible financially and practical. Rhonda Haag, representing the South Florida
Water Management District; Rebecca Jetton, Planning Manager with the Florida Keys Office of
the Department of Community Affairs; and Mr. Hendrick addressed the Board, After discussion,
motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the
following Resolution, as amended,
Section 2.
(b) To carry out the intent of this section, the Divisions of Public Works and Growth
Management will review the latest 7 year road plan to determine which projects eettld should
include improvements,
( c) In considering whether a stormwater management system is feasible. practical. and
should be constructed,
RESOLUTION NO. 501-2001
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20011371
Said Resolution is incorporated herein by reference,
Motion carried unanimously,
Commissioner Nelson discussed his item with the Board concerning the Cud a Lane fence
installed by Key Largo Ocean Resorts. Douglass Price, Mr, McGarry, Attorney Jack Fernandez,
representing Key Largo Ocean Resorts; Donald Craig of the Craig Company, and Mr, Hendrick
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Spehar authorizing Staff to negotiate the acquisition of the strip ofland to
include the fence from the property owner according to market guidelines, Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider an application from the City of Marathon for a
Certificate of Public Convenience and Necessity, Class A, Emergency Medical Services, The
Board accepted public input with the following individuals addressing the Board: Andy
McBroom, President of the International Association of Fire Fighters, Local #3909; Public Safety
Director, Reggie Paros; and Marathon City Manager Craig Wrathell, After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Williams to table the item to
the next regular Board meeting in Key West at a time certain, Motion carried unanimously.
A Public Hearing was held concerning adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of a drainage and utilities
easement between Lots 40 and 41, Block 4, Cudjoe Gardens Second Addition, Cudjoe Key,
Florida, There was no public input. Motion was made by Commissioner Williams and seconded
by Commissioner Neugent to adopt the following Resolution, Motion carried unanimously,
RESOLUTION NO. 502-2001
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of the West End of
Astrangia Avenue in Coral Shores Estates Subdivision, Little Torch Key, Monroe County,
Florida, There was no public input. Motion was made by Commissioner Neugent and seconded
by Commissioner Nelson to adopt the following Resolution, Motion carried unanimously,
RESOLUTION NO. 503-2001
Said Resolution is incorporated herein by reference,
A Public Hearing was held concerning adoption of an Ordinance providing for definitions;
prohibiting the owners of real property from causing, suffering or permitting trees or other
vegetation from their property to interfere with vessels traveling upon navigable canals; providing
for penalties; Providing for Severability; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing
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an effective date, There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Williams to adopt the following Ordinance. Motion carried
unanimously,
ORDINANCE NO. 042-2001
Said Ordinance is incorporated herein by reference,
AIRPORTS
Bill Ehrhorn, representing the Blue Sky Restaurant, Inc,; Bill Cadiz, representing the
Marathon Airport Air ServiceIMaster Plan Committee; Mr. Roberts and Marathon Airport
Manager, Teresa Cook addressed the Board, After discussion, motion was made by
Commissioner Williams and seconded by Commissioner Neugent to table the item to the next
regular Board meeting in Key West and not unless a document/agreement is provided to the
Board a week prior to the meeting for consideration, Motion carried unanimously,
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item with the Board concerning Commissioner
liaisons, After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Williams to have appropriate Staff present to prepare minutes and have appropriate
input at liaison meetings. For minutes of meetings where government agencies are participating,
that they be given the opportunity to review and approve the minutes, and where there is
disagreement, to have the opportunity to include an appendix, Mr, Roberts addressed the Board,
Motion carried unanimously,
COUNTY ADMINISTRATOR
Mr, Roberts discussed the date for the dedication of the Gato Building and indicated that
it is planned for the 2nd day of the January BOCC meeting, (01-17-02) at 3 P,M,
Mr, Roberts advised the Board that he had sent a letter to the City Manager and Council
for the City of Marathon identifying the amount of funds still owed to the County for solid waste,
Mr, Roberts discussed the possibility of holding a Special Meeting on January 15,2002
concerning a request by Hawk's Cay Resort to approve amendments to the Development Regional
Impact (DR!) Development Order.
COUNTY ATTORNEY
Mr, Hendrick announced the cancellation of the Closed Session scheduled for tomorrow
(Thursday, December 20,2001) at 11 :45 in the Marathon Government Center to discuss the
litigation and potential resolution of the Marathon Park Condemnation litigation,
Mr. Hendrick reported to the Board the status of the Shadek case,
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Mr, Hendrick discussed raising the rate of compensation for the Ferencik Lebanofffirm,
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson authorizing
the County Attorney to raise the rate of compensation for Ira Lebanoffto $225,00 an hour,
Motion carried unanimously,
Mr, Hendrick addressed the Board, Motion was made by Commissioner Spehar and
seconded by Commissioner Williams granting approval for payment of legal fees and costs
submitted by The Smith Law Firm regarding Monroe County vs, PBS&J in the amount of
$98,985,71. Motion carried unanimously,
Mr, Hendrick discussed with the Board the Nabors & Giblin proposal for study of
comparative worth of Florida Keys Aqueduct Authority or Key West Resort Utilities providing
expanded central wastewater treatment in the Lower Keys. The Board took no official action.
COUNTY ADMINISTRATOR
Mr, Roberts discussed reopening the Agenda in order to add the approval to advertise a
Public Hearing for a budget amendment concerning an EMS Marathon issue to be heard on the
first day of the Key West BOCC meeting in January, Motion was made by Commissioner Spehar
and seconded by Commissioner Williams to reopen the Agenda, Motion carried unanimously,
Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting
approval to advertise a Public Hearing in Key West on January 16,2002, for the purpose ofa
budget amendment concerning EMS costs. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending the Year 2010
Comprehensive Plan by adding Goal 105 and Objectives 105,1-105,3 to establish a Smart Growth
Mechanism to direct future growth to infill areas, expand future land acquisition areas, expand
areas appropriate for transfer of development rights, and recommend modification to the permit
allocation system. Planning Director Marlene Conaway addressed the Board, Motion was made
by Commissioner Williams and seconded by Commissioner Neugent to continue to the next
meeting in Key West on January 16,2002, Motion carried unanimously.
A Public Hearing was held concerning adoption of an Ordinance amending the Monroe
County Code Sections 9.5-4, 9,5-266, 9,5-284, 9,5-232, 9.4-235, 9,5-248, 9,5-249, and 9,5-250,
concerning employee and affordable housing and commercial apartment in several zoning
districts; Providing for the severability; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code; and directing the Clerk of
the Board to forward a certified copy of this Ordinance to the Florida Department of Community
Affairs and providing an effective date, Ms, Conaway addressed the Board, The Board accepted
public input with the following individual addressing the Board: Donald Craig, representing the
Craig Company, The Board requested Ms, Conaway come back with a recommendation at the
next meeting,
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A Public Hearing was held concerning adoption of a Resolution approving amendments to
the Development of Regional Impact (DR!) Development Order, Resolution No, 365-1986, and
modifications to the major development approval for the Hawk's Cay expansion DR!; providing
for an effective date, There was no public input. Motion was made by Commissioner Williams
and seconded by Commissioner Spehar to continue the item to the Special Meeting on January
15,2002 in the Marathon Government Center at 5:30 P,M, Motion carried unanimously,
The second of two public hearings were held concerning adoption of an Ordinance
amending the Monroe County Land Development Regulations by adding Section 9,5-258 to
establish a new Land Use Overlay District that will prohibit the extension or expansion of public
utilities to units of the Coastal Barrier Resources System, Mr, Hendrick addressed the Board,
There was no public input. After discussion, motion was made by Commissioner Williams and
seconded by Commissioner Spehar to adopt the following Ordinance by adding Section 9,5-258;
Providing for the severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and directing the Clerk of the Board
to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and
providing an effective date, Roll call vote was unanimous,
ORDINANCE NO. 043-2001
Said Ordinance is incorporated herein by reference,
There being no further business to come before the Board, the meeting was adjourned,
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~{M (} &))anfaJ
Isabel C. DeSantis, Deputy Clerk