07/19/2006 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2006/147
Regular Meeting
Board of County Commissioners
Wednesday, July 19, 2006
Key West, Florida
A Closed Executive Session convened at 8:30 AM. on the above date with the Regular
Meeting of the Monroe County Board of County Commissioners convening at 9:00 AM., at the
Harvey Government Center. Present and answering to roll call were Commissioner George R.
Neugent, Commissioner Glenn Patton, 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; Suzanne Hutton, County Attorney; Thomas Willi, County
Administrator; County Staff, members of the press and radio; and the general public.
CLOSED SESSION
Mayor McCoy announced pursuant to Florida Statute, the following was closed to the
public: An ,:xecutive session with the Board, County Administrator Tom Willi, County Attorney
Suzanne Hutton, Assistant County Attorney Bob Shillinger, and Michael Burke, Esquire the
County's outside counsel in this litigation, and a certified court reporter to discuss the matter of
Kenneth Neuman vs. Monroe County, CAK-04-663.
All stood for the Invocation and Pledge of Allegiance.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 25 years of service to Monroe County to
Linda McLeod, Sr. Coordinator Finance and Accounting, Public Works Division.
Pres,mtation of Years of Service Award for 20 years of service to Monroe County to
Joseph Lee, Maintenance Worker, Road Department, Public Works Division.
Pres,mtation of the Florida Keys Council for People with Disabilities Award to the City of
Key West Storm Water Utility Gravity Injection Well Project, for recognizing the importance of
ADA compliance and reaching beyond the minimum requirement to make the sidewalks of Key
West more accessible.
Presentation of Recognition Award to Suzanne A Hutton for being elected to the position
of Secretary/Treasurer of the Florida Association of County Attorneys.
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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.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting
approval of the following items by unanimous consent:
Board granted approval to pay Unlimited Electric Technologies Invoice No.
MON0327067 in the amount of $2,873.42, for Security relocation for the new Terminal project,
at the Key West International Airport.
Board granted approval of award of bid to Koch Corporation in the amount of
$2,718,394.00, for the Noise Insulation Program Phase 5 Construction for the Key West
Internationall Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-21 between Monroe County and URS for Terminal Design Phase Tasks for the Key West
Internationall Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-22 between Monroe County and URS for Terminal Construction Phase Tasks for the Key
West International Airport.
Board granted approval ofthe Receipt of montWy report on Change Orders reviewed by
the County Administrator. There were no change orders considered for approval by the County
Administrator for the period beginning June 1,2006 through June 30, 2006.
Board granted approval and authorized execution of the Second Amendment to
Agreement between Monroe County and Currie Sowards Aguila Architects for Architect
Consultant Services at the Freeman Justice Center.
Board granted approval and authorized execution of a Vegetative Waste and Hurricane
Debris Lease Agreement between Monroe County and Rudolph Krause to lease property on
Ramrod Key for use as a temporary hurricane debris site, as needed.
Board granted approval ofa Worker's Compensation Settlement in the amount of
$125,00000 (inclusive of attorneys fees and cost) for File No. 03072500-KK.
Board granted approval of a Worker's Compensation Settlement in the amount of
$125,000 (inclusive of attorney's fees and cost) for File No. 04111000-GH.
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Board granted approval and authorized execution of an Agreement between
Goodman-Gable-Gould Company d/b/a Adjuster International to retain Adjusters International
Disaster Recovery Division in assessing and handling claims due to a hurricane or other natural
disaster.
Board granted approval and authorized execution of an Agreement between Monroe
County and George Helm, III, P.A. to provide legal services and representation in the area of
Worker's Compensation Claims for Monroe County.
Board granted approval and authorized execution of an Agreement between Monroe
County and Vernis & Bowling of Miami, P.A. to provide legal services and representation in the
area of Worker's Compensation Claims for Monroe County.
Board granted approval and authorized execution of an Agreement between Monroe
County and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to provide legal services and
representation in the area of Worker's Compensation Claims for Monroe County.
Board granted approval of District IV (Commissioner Rice) appointment ofLynn Mapes
to replace Brian Schmitt on the Workforce Housing Task Force, who resigned from the
committee.
Board granted approval and authorized execution of a Renewal Agreement for Lease of
Medical Examiner Facilities between Monroe County and Florida Keys Funeral Services LLC to
provide inteJ1m facilities for the Medical Examiner for an additional one year period.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Beyer Funeral Home to lease premises for use as interim Medical Examiner facilities.
Board granted approval of the Workforce Housing Task Force membership
recommendation to appoint Josh Mothner to the Workforce Housing Task Force, replacing James
"Reggie" Paras.
Board granted approval of the appointment of Bette Brown to the Workforce Housing
Task Force, from the Upper Keys, replacing Maureen Lackey.
Board granted approval and authorized execution of an Addendum to Lease between
Monroe County and the City of Marathon concerning lease of additional parcel ofland at the
Florida Keys Marathon Airport from which to operate temporary fire station facility.
Board granted approval and authorized execution of the Adult Services Home and
Community Based Waiver Case Management Referral Agreement between the Florida
Department of Children and Families (DCF) District 11 Program Office and Monroe County
Board of County Commissioners (In-Home Services Program).
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Board adopted the following Resolution rescinding Resolution No. 115-1976 and
establishing new Policy regarding the provision of Social Services; providing for classes of
services available; providing for criteria for eligibility determination; and providing for an effective
date.
RESOLUTION NO. 243-2006
Said Resolution is incorporated herein by reference.
Board granted approval to use Solid Waste Impact Fees to purchase the weighbridge
(scale) for the Long Key Transfer Station.
Board granted approval to advertise Public Hearings concerning the annual non-ad
valorem assessment for the collection, disposal, and recycling of residential solid waste; and the
establishment of collection, disposal, and recycling rates for commercial waste stream generators.
Board adopted the following Resolution adopting the tentative Residential Solid Waste
Collection, Disposal and Recycling Rates for the Fiscal Year 2006-2007.
RESOLUTION NO. 244-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution establishing the tentative per month solid waste
collection, disposal, and recycling service rates for commercial property in the various solid waste
collection franchise areas for Fiscal Year 2006.
RESOLUTION NO. 245-2006
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a budget amendment for Fund 504 Fleet Management
Fund.
Board granted approval to advertise for sealed bids for one (1) new tree/limb cutter and
tractor for trimming Lower Keys rights of way.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and All Power Generators, Corp. to renew the existing Emergency Generator
Maintenance: Contract for one additional year.
Board granted approval to advertise a Request for Bids for Janitorial Services at the
Department of Juvenile Justice Building, Second Floor, Stock Island.
Board granted approval and authorized execution of a Residential Lease with Law
Enforcement Officer between Monroe County and Deputy A. Rabinowitz for the Stiglitz House
located at Watson Field, Big Pine Key.
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Board granted ratification of approval of an Agreement between Monroe County and
Weathertrol Maintenance Corporation for new Cooling Towers at the Monroe County Detention
Facility. Contract was originally approved by the Board at the June 21,2006 meeting. Due to
technical dif6.culties, the Contract approved by legal for consideration by the Board did not
appear on tbe electronic back-up for review by the Board and documentation for the Clerk.
Board adopted the following Resolution adopting a fee schedule for use by tbe Special
Taxing District for providing emergency medical air transport ambulance services.
RESOLUTION NO. 245A-2006
Said Resolution is incorporated herein by reference.
Board granted approval to apply, subsequent to approval by the County Attorney, OMB,
and Risk Management, a grant application prepared by Langton and Associates to the Department
of Community Affairs for a Statewide Competitive Grant to Construct or Improve the Monroe
County Emergency Operations Center, and authorization for the County Administrator to execute
any other required documentation in relation to the application process.
Board adopted the following Resolutions for the transfer of funds and for the receipt of
unanticipated revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 246-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 247-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule item No.3).
RESOLUTION NO. 248-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 249-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 250-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 251-2006
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 252-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 253-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 254-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 255-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. II).
RESOLUTION NO. 256-2006
Said Resolution is incorporated herein by reference.
Amending Resolution No. 474-2005 (OMB Schedule Item No. 12).
RESOLUTION NO. 257-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 258-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 259-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 260-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 261-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 262-2006
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
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RESOLUTION NO. 263-2006
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 264-2006
Said Resolution is incorporated herein by reference.
Board granted approval to close Fund 103, Law Library, and approval to instruct the
Clerk of Court to transfer remaining residual funds to the General Fund 001.
Board granted approval and authorized execution of a Contract Extension between
Monroe County and Keys Security, Inc. on a month-to-month basis, with the new rate of$16.00
per hour, and approval to advertise for sealed bids for security patrols and services to the Duck
Key Security District.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-44 bellween Monroe County and URS for the Marathon Terminal Rehabilitation.
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
for the KW Airport Series 2006 Bonds.
RESOLUTION NO. 265-2006
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of the appointment ofMr. Luis Sala, MD to the "At Large"
appointment to the Tourist Development Council District III Advisory Committee.
Board granted approval and authorized execution of an Agreement between Monroe
County and IIhe Lower Keys Chamber of Commerce to provide Visitor Information Services
(VIS) to answer potential visitor inquiries and to promote tourism.
Board granted approval and authorized execution of a Cultural Umbrella Agreement
between Monroe County and the Florida Keys Council of the Arts to act as a county wide
Cultural Umbrella to make recommendations to the Monroe County Tourist Development
Council and County concerning funding for tourism related cultural activities.
Board granted approval to rescind Agreement between Monroe County and Sports
Comm. Holiday Isle Classic, Inc. covering the Islamorada Classic Women's Basketball
Tournament.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Marathon Chamber of Commerce to provide Visitor Information Services (VIS)
to answer potential visitor inquiries and to promote tourism.
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Board granted approval and authorized execution of an Agreement between Monroe
County and the Key West Chamber of Commerce to provide Visitor Information Services (VIS)
to answer potential visitor inquiries and to promote tourism.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Key Largo Chamber of Commerce to provide Visitor Information Services (VIS)
to answer potential visitor inquiries and to promote tourism.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Islamorada Chamber of Commerce to provide Visitor Information Services (VIS)
to answer potential visitor inquiries and to promote tourism.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Middle Keys Events Council, Inc. to revise dates of event, scope of
services and compensation for the Marathon Offshore Grand Prix.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of a grant task assignment with the Florida Department of
Environmental Protection (FDEP), DEP Contract No. PL-029, to receive a $60,000 grant for the
removal of invasive exotic plant species from conservation lands that are owned or managed by
Monroe County.
Board granted approval of a grant task assignment with the Florida Department of
Environmental Protection (FDEP), DEP Contract No. PL-029, to receive a $62,400 grant which
will allow the County to continue employing invasive exotic plant control technicians to treat
invasive exotic plants on conservation lands that are owned or managed by Monroe County.
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
(Kathleen Windsor, AI Schmidt & Lor Hattery) to issue citations for violations ofthe Monroe
County Code for disposition in County Court.
RESOLUTION NO. 266-2006
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution granting final plat approval for the Subdivision of
Land into three (3) lots, to be know as "Rockland Industrial Park", a portion of Government Lot
7, Section 21, Township 67 South, Range 26 East, Rockland Key, Florida, having real estate
number 00122080-000100.
RESOLUTION NO. 267-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement for Professional
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Services between Monroe County and Carter and Burgess to complete the Lower Keys Corridor
Enhancement Plan (approximately Mile Marker 14.5 to 29).
Board granted approval and authorized execution of an Amendment to Agreement for
Services for Disaster Response and Recovery Services between Monroe County and DRC
Emergency Services, LLC, concerning minor corrections to contract to complete removal of
lobster traps, canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma
and other storms during the 2005 Hurricane season.
Board granted approval and authorized execution of an Assignment of Agreement for
Disaster Response and Recovery Services between Monroe County and DRC Emergency
Services, LLC. This assignment formalizes that the County approves of the assignment from the
old corporation (DRC, Inc.) to the new corporation (DRC Emergency Services, LLC).
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a Request for Expenditure from the Law Enforcement Trust
Fund, as follows:
$40,000 - Summer Recreation Program - To help provide a safe and nurturing
environment in our schools for children to spend their summers. Juvenile crimes increase during
the summer and this program can be categorized as a crime prevention program.
COMMISSIONERS' ITEMS
Board granted approval of Mayor McCoy's appointment of Steven Torrence to the Human
Services Advisory Board, replacing Alexsandra Corsi Leto.
Board granted approval of Commissioner Rice's re-appointment ofR.J. Helbling to the
Duck Key SI~curity District Advisory Board.
Board granted approval of Commissioner Patton's appointment of Ginette Hughes to the
Marine and Port Advisory Committee, replacing the late Denis Trelewicz.
Board granted approval of Commissioner Spehar's appointment of Alexsandra Leto to the
Human Services Advisory Board (HSAB), replacing Don Yates.
Board reconsidered the decision to renew contract with TPC Governmental Consulting
and granted approval to enter into a contract with Barreto, Cunningham, May, Dudley, Maloy, &
Reyes, LLC for services as the County's State Legislative Lobbyist in Tallahassee.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
Special meeting of June 6, 2006 (previously distributed).
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Board granted approval of Tourist Development Council Expenditures for the month of
June, 2006, as follows: Advertising, in the amount of $1,050,651.87; Bricks & Mortar Projects, in
the amount of$31,587.08; Visitor Information Services, in the amount of$56,458.32; Events, in
the amount of$31,378.36; Office Supplies & Opel' Costs, in the amount of$25,289.06; Personal
Services, in the amount of$139,802.73; Public Relations, in the amount of $64,246.96; Sales &
Marketing, in the amount of $29,097.90; Telephone & Utilities, in the amount of$6,003.16;
Travel, in the amount of$5,391.49.
Board granted approval of the following Warrants (100854-101004 & 505671-506689):
General Fund (001), in the amount of$I,459,332.23; Fine & Forfeiture Fund (101), in the
amount of$3,119,004.19; Road and Bridge Fund (102), in the amount of$357,752.17; TDC
District Two Penny (115), in the amount of$363,481.06; TDC Admin. & Promo 2 Cent
(116), in the amount of $488,929.44; TDC District 1, 3 Cent (117), in the amount of
$319,752.77; TDC District 2, 3 Cent (118), in the amount of $44,685.18; TDC District 3, 3
Cent (119), in the amount of$36,231.65; TDC District 4, 3 Cent (120), in the amount of
$32,424.69; TDC District 5, 3 Cent (121), in the amount of$154,402.14; Gov. Fund Type
Grants (12S), in the amount of$534,824.42; Impact Fees Roadways (130), in the amount of
$921.02; Fil'e & Amb Dist 1 L&M Keys (141), in the amount of$58,224.10; Upper Keys
Health Carl~ (144), in the amount of $2,943.06; Fire & Amb Dist 6 Key Largo (146), in the
amount of$78,466.33; Uninc Svc Dist Parks & Rec (147), in the amount of$46,880.39; Plan,
Build, Zoning (148), in the amount of$13 1,948.47; Municipal Policing (149), in the amount of
$489,403.25; 911 Enhancement Fee (150), in the amount of $5,317.75; Duck Key Security
(152), in the amount of$25.62; Local Housing Assistance (153), in the amount of$III,033.53;
Boating Im]provement Fund (157), in the amount of$4,394.52; Misc. Special Revenue Fund
(158), in the amount of $28,289.82; Environmental Restoration (160), in the amount of
$1,363.03; Law Enforcement Trust (162), in the amount of$500.00; Marathon Municipal
Service (161.), in the amount of $552.40; Bay Point Wastewater MSTU (168), in the amount of
$59.22; Key Largo Wastewater MSTU (170), in the amount of$I,271.70; 2003 Revenue
Bonds (207), in the amount of $4,500.00; 1 Cent Infra Surtax (304), in the amount of
$50,154.09; 2003 Revenue Bonds (307), in the amount of$556,781.06; Card Sound Bridge
(401), in the amount of$7,959.28; Marathon Airport (403), in the amount of$54,563.39; Key
West Inti. Airport (404), in the amount of$I,045,767.46; MSD Solid Waste (414), in the
amount of$I,140,252.47; Worker's Compensation (501), in the amount of $44,871.92; Group
Insurance F'und (502), in the amount of$259,413.30; Risk Management Fund (503), in the
amount of$157,748.63; Fleet Management Fund (504), in the amount of$159,043.38.
Board granted approval to advertise surplus equipment for bid and approval to remove
surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by
reference.
Board granted approval of referral of single response to the Request for Proposals for
auditing by Cherry, Bekaert & Holland, LLP; and granted approval of the recommendation ofthe
Audit Selection Committee to appoint Danny L. Kolhage, Clerk; Suzanne A. Hutton, County
Attorney and Danise Henriquez, Tax Collector as the Contract negotiating committee.
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COUNTY ADMINISTRATOR
Board granted approval of acceptance of certain property in Tropical Bay, Big Pine Key,
Florida from Habitat for Humanity of Key West and Lower Florida Keys, Inc. and authorization
for County Attorney's Office to process the paperwork for recordation in the Official Records of
the County and adopted the following Resolution for same.
RESOLUTION NO. 268-2006
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and Teamstf:rs Local Union No. 769 covering designated blue collar employees.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the initiation of conflict Resolution
procedures against the City of Key West as provided by Chapter 164 of the Florida Statutes.
RESOLUTION NO. 269-2006
Said Resolution is incorporated herein by reference.
Board granted approval to advertise an Ordinance amending Chapter 2 of the Monroe
County Cod,e entitled "Administration" by amending Sec. 2-8(a) in order to provide County
Departments an allocation of funds to host social events or give prizes or awards for the public
purpose of boosting employee morale; providing for severability; providing for the repeal of all
Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; providing for an effective date.
Board granted approval and authorized execution of a Settlement Agreement in code
enforcement lien case of Monroe County v. Riviera Drive Inn Theatre, Inc. and Roger Bernstein,
Registered Agent. , Case No. L5-0I-I023 in the amount of$100.00.
Board granted approval and authorized execution of Standard Legal Services Agreement
No. CAY LIT 2006-02-01 between Monroe County and the Law Offices of Stephen 1. Moore,
P.C. for pron~ssionallegal services in Collins v. Monroe County v. State of Florida,
CAM-04-379.
Board granted approval of payment to Stephen 1. Moore, P.C. for professional legal
services rendered in Collins v. Monroe County v. State of Florida, CAM-04-379, in the amount of
$49,850.25 (Invoice Nos. 1422, April; 1426, May; and 1431, June).
Board granted authorization for the County Attorney or her designee to execute a limited
waiver of conflict of interest for the law firm of Vernis & Bowling of the Florida Keys, P.A.
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Board granted approval of Monroe County Public Records Policies and Procedures to
establish accountability and detailed operational procedures to ensure compliance with Florida
Statutes.
Board granted approval and authorized execution of (i) a proposed Agreement for Sale
and Purchasle of property located on Stock Island for the purpose of providing for
affordable/employee housing on land to be purchased by the County and (ii) a 99 year lease of the
property to Park Village, LLC, for the purpose of constructing 40 affordable/employee housing
units.
Board granted approval and authorized execution of (i) a proposed Agreement for Sale
and Purchasle of property located on Stock Island for the purpose of providing for
affordable/employee housing on land to be purchased by the County and (ii) a 99 year lease of the
property to Islander Village, LLC, for the purpose of constructing 89 affordable/employee
housing units.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Barry Patterson addressed the Board concerning payment to Jerry Coleman, PL., for
professional legal services rendered regarding Workforce Housing and other Momoe County
issues, in the: total amount of $44,594.36 (Invoice No. 10295), covering the period of May 1-31,
2006. Attorney Jerry Coleman addressed the Board. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Rice granting approval of the payment to
Mr. Coleman. Motion carried unanimously.
An update and discussion was held regarding pursuit to purchase Geiger Key Marina.
Motion was made by Commissioner Spehar and seconded by Commissioner Rice to pursue the
purchase of Geiger Key Marina. Housing & Community Development Division Director, Reggie
Paros addressed the Board. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced that there is one vacant position on the Tourist Development
Council District 1 Advisory Committee for an "At Large" appointment.
STAFF REPORTS
Engineering - County Engineer, Dave Koppel informed the Board that the Army Corps of
Engineers is ready to issue the permit to fill the basin area of the Big Pine Key Community Park.
Mr. Koppel then updated the Board concerning the construction project status of the Freeman
Justice Centl~r in Key West, the Big Pine Key Fire Station, the Key Largo Fire Station, and the
Murray E. Nelson Government Center in Key Largo.
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DIVISION OF GROWTH MANAGEMENT
Marine Resources Director, George Garrett and Senior Marine Planner, Richard Jones
addressed the Board concerning a Resolution requesting the Florida Fish and Wildlife
Conservation Commission and the State Boating Advisory Council to oppose the suggested
legislation of a requirement to register non-motorized vessels. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Rice to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 270-2006
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Rice reported to the Board regarding current issues of the Workforce
Housing Task Force. Burke Cannon, representing IKLFHA and Attorney Jerry Coleman
addressed the Board. No official action was taken.
The following individuals addressed the Board concerning Commissioner Neugent's item
to consider a Resolution urging the State of Florida to designate the canopy of Australian Pines in
Ft. Zachary Taylor State Park as an exception to any exotic and invasive removal programs and to
initiate mainltenance and controlled growth replacement programs: Helen Harrison, representing
Save Our Pines; Alison Higgins, representing The Nature Conservancy; Ben Harrison, and Gail
Lima, representing Save The Pines. The Clerk announced that written letters were submitted by
Tina Henize and Dennis Henize and would be entered into the official record. After discussion,
motion was made by Commissioner Patton and seconded by Commissioner Neugent to adopt the
following R(:solution. Roll call vote was unanimous.
RESOLUTION NO. 271-2006
Said Resolution is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Chief Mike Rice, representing the Sheriff's Office was present. Motion was made by
Commissionler Spehar and seconded by Commissioner Rice granting approval and authorizing
execution of an Interlocal Agreement between Monroe County, Monroe County Sheriffs Office
and Global Sky Aircharter (an entity wholly owned by the Sheriff) for the operation of an air
ambulance for hire. Motion carried unanimously.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
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The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner David P. Rice,
Commissioner Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John
Cromartie.
Fire Chief, Clark Martin addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Spehar to delete from the agenda to publicly
announce a Request for Proposals for the professional services of a physician to provide medical
direction for Monroe County Fire Rescue, subject to subsequent approval by County Attorney
and Purchasing. Motion carried unanimously, with Commissioner Cromartie absent.
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The Board of County Commissioners reconvened with all Commissioners present.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
advertise a Request for Qualifications for general marine projects, including the removal of
derelict vessels and the installation and maintenance of aids to navigation or regulatory signs.
Motion carried unanimously.
Motion was made by Commissioner Patton and seconded by Commissioner Rice to
continue to today at 2:00 P.M. the guidance to Staff regarding action to take in response to a
challenge to the DCA Rule affirming Tier System Maps and Implementation Ordinances. Motion
carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Patton's item concerning the Chair's authority to
control the debate and limit debate if necessary. To direct Staff to provide recommendations to
change the Board's policies to facilitate the Chair's authority to control the Board meetings to
insure an orderly meeting occurs and a balanced and full debate happens. The following
individuals addressed the Board: Burke Cannon, representing IKLFHA; Sylvia Murphy,
representing the Tavernier Community Association; Pauline Klein, Fred Nickerson, and Barry
Patterson. No official action was taken.
WASTEWATER ISSUES
Commissioner Patton discussed his item concerning Monroe County Wastewater Projects
State funding criteria. The following individual addressed the Board: Burke Cannon,
representing IKLFHA. No official action was taken.
Commissioner Patton discussed his item with the Board concerning clarification of the
Interlocal Agreement with the Florida Keys Aqueduct Authority (FKAA). Specifically in regards
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to creation ofCounty-FKAA Wastewater Committee's (CFWC) duties, recommendations and
planning do(;umentation for the Lower Keys Wastewater planning area. Discussion of Monroe
County Wastewater Project plans development and evaluation process within a BOCC Workshop.
County Administrator, Tom Willi addressed the Board. No official action was taken.
Mr. Willi discussed with the Board approval of the State of Florida wastewater funding
allocation for unincorporated Monroe County, Key Largo Wastewater Treatment District and the
City of Marathon. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent granting approval of the recommended funding split: $6.038 million for
Key Largo Wastewater Treatment District, $1 million for the City of Marathon, and $10,962,000
for joint FKAAlMonroe County projects in unincorporated Monroe County. The following
individuals a.ddressed the Board: Charles Brooks, representing the KLWTD; Jackie Harder,
representing the Key Largo Chamber of Commerce, and Mike Puto, Marathon City Manager.
After consideration, the maker of the motion withdrew her motion. Motion was then made by
Commissioner Spehar and seconded by Commissioner Neugent to hold a Special Workshop for
this matter at the Marathon Government Center on August 2,2006 at 9:00 AM. Roll call vote
was unammous.
SOUNDING BOARD
David P. Horan, representing Mr. & Mrs. Greg Klimock addressed the Board concerning
a possible exception to the County's policy on abandoning roads that terminate at the shoreline.
Suzanne Hutton, County Attorney and Barry Patterson addressed the Board. No official action
was taken.
COUNTY ADMINISTRATOR
Lenrart Lindahl, P.E. representing the South Florida Water Management District
addressed the Board. After discussion, motion was made by Commissioner Patton and seconded
by Commissioner Neugent to adopt the following Resolution in support of South Florida Water
Management District's Accelerate and Comprehensive Everglades Restoration Plan for the C-lll
Spreader Canal Project. Roll call vote was unanimous.
RESOLUTION NO. 272-2006
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 6 of
the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-56 requiring
thatched roofing specialty contractors take only the administrative exam for purposes oflicensing;
defining the scope of work that may be performed by a thatched roofing specialty contractor;
providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances; providing for an effective date.
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There was not public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 6 of
the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-68 providing
for administrative fines not less than the amount set forth in the citation but not more than $1,000
per day for unlicensed contractors and $5,000 per day for licensed contractors; providing for the
imposition of restitution; Providing for administrative fees for all costs incurred by the Monroe
County Building Department and the County Attorneys Office in investigating and resolving the
complaint; Providing for severability; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; Providing for
an effective date. There was not public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 024-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 6 of
the Monroe County Code entitled "Buildings and Construction" by amending Sec. 6-90 providing
for a fine schedule; Providing for imposition of civil penalties; Providing for minimum penalties;
Providing for administrative costs; Providing for imposition of a lien; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into
the Monroe County Code of Ordinances; Providing for an effective date. There was not public
input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 025-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance amending Chapter 15.5,
Monroe County Code; Providing for replacement of Fiscal Year 2008 with Calendar Year 2010
as the date of the Big Coppitt Municipal Service Taxing Unit set forth in Ordinance 038-2002, as
amended in Ordinance No. 016-2003; Providing for reinstatement of Shark Key in the legal
description of the MSTU; Providing for severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances;
Providing for an effective date. There was not public input. Motion was made by Commissioner
Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 026-2006
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held concerning adoption of an Ordinance to consider amending
Chapter 12.1, Monroe County Code; Providing for the term "Local Occupational License Tax" to
be replaced by "Local Business Tax"; Providing for definition of "Receipt;" Providing for
severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; Providing for an effective date.
There was not public input. Motion was made by Commissioner Rice and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 027-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance to consider amending
Section 2-609(c), Monroe County Code; Providing for increase in mileage reimbursement to 44.5
cents per mile; Providing for severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; Providing for
an effective date. There was not public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 028-2006
Said Ordinance is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
The Board discussed the agenda item for guidance to Staff regarding action to take in
response to a challenge to the DCA Rule affirming Tier System Maps and Implementation
Ordinances. The following individuals addressed the Board: David P. Horan, Candace Akins,
and Ed Swift, representing Old Town Key West Development. Ty Symroski, Growth
Management Director and Ms. Hutton addressed the Board. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Patton that we do not put in place a
moratorium and that we continue on with our competitive ROGO process. During further
discussion, the County Attorney recommended to defend the challenge by requesting a hearing
before the Sltate of Florida Division of Administrative Hearings (DOAH), as quickly as possible,
and oppose any continuances. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
The Board accepted the written County Administrator's Report dated July 10, 2006-
County Divisions' Monthly Activity Report for June, 2006. Mr. Willi discussed agenda items
Q14 and Q15 approved earlier in the day. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Neugent to reopen the agenda. Motion carried
unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Patton
to add agend.a item D46 concerning a Resolution directing reservation for award of affordable
dwelling unit allocations for specified projects; setting terms and conditions. Motion carried
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unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 273-2006
Said Resolution is incorporated herein by reference.
Candace Akins and Attorney Jerry Coleman addressed the Board.
MISCELLANEOUS
Ms. Hutton clarified the record for agenda item R6 that the item was for adoption and not
advertisement concerning the increase for mileage reimbursement to 44.5 cents per mile.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item with the Board for direction to County Staff to
create a task force whose purpose is to eliminate duplication of services and create better
coordination between non-profit agencies. The task force would be comprised of representatives
from non-profit agencies, members of the Human Services Advisory Board (HSAB) who are
willing to participate, and a board member plus alternate from the Lower Keys Interagency
Council. The following individuals addressed the Board: Sylvia 1. Murphy and David P. Horan,
representing the HSAB. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent approving the creation of a Task Force including a sunset of
270 days. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Willi discussed with the Board direction to Staff concerning the purchase of the
property known as Hickory House, 5948 Peninsular Avenue, Stock Island. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting
approval of Staff Recommendation to direct the County Attorney to prepare a Letter ofIntent to
Purchase, ptmding completion of due diligence and contract negotiation. Roll call vote was
unammous.
COUNTY ATTORNEY
The Board accepted the written Litigation Report dated July 14, 2006 from Suzanne
Hutton, County Attorney. Ms. Hutton discussed the following Third Party Complaints:
Beyer, Gordon & Molly v. City of Marathon v. Monroe County & State - Case No.
CAM-05-313; and McCole, Jeanine v. City of Marathon v. Monroe County & State - Case No.
CAM-05-314. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Rice authorizing the County Attorney to file a Motion for Dismissal & Sanctions
for filing oflrivolous pleadings and, should the County not be dismissed, the County Attorney is
authorized to file a Cross-Claim against the State to participate in any liability that should arise or
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initiate a conflict Resolution as provided by Chapter 164 of the Florida Statutes. Motion carried
unanimously.
Attorneys Jim Hendrick and Mike Browning, representing Roy's Trailer Park addressed
the Board. Ms. Hutton and Mr. Willi also addressed the Board. Commissioner Neugent excused
himself from the meeting. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Rice denying approval of Amended Exhibit 1 to Resolution No.
261-2004" and the "Affidavit of Mailing" dated June 26,2006, concerning those properties listed
on the "Amtmded Exhibit 1 to Resolution No. 261-2004"; Ratification of Resolution No.
261-2004 (the South Stock Island Wastewater Assessment Program Initial Assessment
Resolution) and Resolution No. 265-2004 (the Final Assessment Resolution) with the Amended
Exhibit 1 and Affidavit of Mailing", and Direction to the Clerk of the Board to attach certified
copies of Re,solutions 261-2004 and Resolution 265-2004 to this Resolution, the attached
Amended Exhibit 1 and Affidavit of Mailing. Roll call vote was unanimous, with Commissioner
Neugent not present.
Commissioner Neugent returned to the meeting and took his seat.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance adopting amendments to
Chapter 9.5 of the Land Development Regulations, modifYing and making permanent Section
9.5-227, Emergency Temporary Housing; Providing for temporary placement ofRVs, temporary
airport construction housing, and temporary recovery or reconstruction housing; Providing
specific standards and procedures for approval of R V s, temporary airport construction housing
and temporary recovery or reconstruction housing as temporary emergency housing; Providing
for severability and repeal of all Ordinances inconsistent herewith; Amending and/or adding for
consistency purposes related provisions; Providing for an effective date; Providing for
incorporation into the Monroe County Code of Ordinances. There was no public input. Motion
was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 029-2006
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9.5-120.4 of the Land Development Regulations relating to dwelling unit transfer authorization
for development not affected by residential ROGO. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Neugent to continue the item until
the August 16,2006, BOCC meeting in Key Largo at 5:01 P.M. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9.5-122(c) of the Land Development Regulations providing for fractional ROGO allocations for
small affordable housing units; Amending and/or adding for consistency purposes related
provisions; Providing for severability and repeal of inconsistent provisions; Providing for an
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effective date; and providing for incorporation into the Monroe County Code of Ordinances.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to continue the
item until the September 20,2006, BOCC meeting in Marathon at 5:01 P.M. The public speakers
present waived their privilege to address the Board. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section
9.5-122.3(a)(5) of the Land Development Regulations adjusting the ROGO point system
increasing the permitted point award for certain land donations. There was no public input.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue
the item until the October 18, 2006, BOCC meeting in Key West at 5: 0 I P.M. Motion carried
unanimously.
The first of two Public Hearings was held to consider transmitting to the Florida
Department of Community Affairs the request filed by the Planning and Environmental Resources
Department amending the Year 20 I 0 Comprehensive Plan based on recommendations adopted as
the Stock Island/Key Haven Livable CommuniKeys Plan (LCP), Volume I. There was no public
input. No official action was taken
The first of two Public Hearings was held to consider adoption of Volume Two (2) of the
Stock Islandl/Key Haven Livable CommuniKeys Master Plan titled Harbor
PreservationlRedevelopment and Intra-Island Corridor Enhancement Plan. Volume 2 is
specifically dedicated to the Safe Harbor and Peninsular Port Areas as well as the Intra-Island
Corridors ofMacDonaldlMaloney Avenues and Fifth and Fourth Avenues of Stock Island. Upon
adoption, Volume 2 will become a part of Policy 101.20.2 of the Monroe County Year 2010
Comprehensive Plan. The Board accepted public input with the following individuals addressing
the Board: David P. Horan, representing Silver Wing & Peninsular Marinas; Joe O'Connell,
representing Barna Seafood & Safe Harbor Marina; Andy Griffiths, representing Safe Harbor
Maritime Condo Association; Walter Schurtenberger, representing Multihull Technologies;
Charles Renier, representing Fishbuster 2 / Sea Market / Key Tex; Ramon Rodriguez,
representing Silver Kiy Harbor Marina; Stan Rzad, representing Keys Energy Services; Jim
Reynolds, re:presenting Florida Keys Aqueduct Authority; David Trujillo, representing 3 D of Key
West, Inc.; David J. Pfent, representing Coral Lagoon Commercial Docks; Roger M. Bernstein,
representing Benjamin Bernstein Trust; and Michael Reckwerdt, representing Robbie's Marina.
No official action was taken.
A Public Hearing was held to consider adoption of an Ordinance amending the definition
of Accessory Uses and Contiguous and adding a definition for Adjacent Lot, Aggregate and
Aggregation; amending Section 9.5-256 Aggregation of Development, and Section 9.5-349
Shoreline Setbacks, to be consistent with the new definition for adjacent lot; Providing for
severability; Providing for conflict; and Providing for an effective date. The Board accepted
public input with the following individual addressing the Board: Sal Gutierrez. Growth
Management Director, Ty Symroski addressed the Board. After discussion, motion was made
Commissioner Spehar and seconded by Commissioner Patton to continue this item until the
August 16,2006, BOCC meeting in Key Largo at 5:01 P.M. Motion carried unanimously.
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A Public Hearing was held to consider adoption of an Ordinance extending the Interim
Development Ordinance previously adopted deferring the acceptance of applications for
allocation of Building Permits under the Residential Rate of Growth Ordinance (ROGO) until the
challenge to the final orders of the Department of Community Affairs approving the Land
Development Regulations implementing Goal 105 of the 2010 Comprehensive Plan, the Tier
Overlay System and the Tier Overlay District Maps is resolved or for 180 days, whichever comes
first; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Momoe County Code of Ordinances; and Providing an
effective date. The Board accepted public input with the following individual addressing Candace
Akins. Assistant County Attorney, Jerry Sanders addressed the Board. After discussion, motion
was made by Commissioner Patton and seconded by Commissioner Rice to deny extension of the
Interim Development Ordinance. Roll call vote was unanimous.
Commissioner Neugent excused himself from the meeting.
COUNTY ATTORNEY
Motiion was made by Commissioner Rice and seconded by Commissioner Spehar granting
approval and authorizing execution of an Agreement between Momoe County and the firm of
Gray/Robinson, P.A. to provide legal services to the County for the appeal of the case of
Neumont v. .Monroe County, et.,al. Motion carried unanimously, with Commissioner Neugent
not present.
Commissioner Neugent returned to the meeting and took his seat.
Kay Thacker, representing the Federation addressed the Board. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and
authorizing ,execution of a Revised Development Agreement proposed under Section 380, Florida
Statutes, for the purchase ofland located on Stock Island by Momoe County from Overseas
Redevelopment Company, LLC., at the request of the Florida Department of Community Affairs.
Motion carried unanimously.
Assistant County Attorney, Jerry Sanders discussed with the Board direction to Staff
regarding a lFlorida Department of Community Affairs Final Order, rejecting Momoe County
Ordinance No. 015-2006, which amended Monroe County's Land Development Regulations to
allow for density bonuses for affordable and employee housing units of 750 square feet or less.
The following individuals addressed the Board: Kay Thacker, representing the Federation and
Pauline Klein, representing Key Largo Federation of Home Owner's Association; Barry
Patterson, and Ed Swift addressed the Board. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Patton granting approval of Staff
Recommendation to file a written Petition for Administrative Proceedings with the DCA
challenging DCA Final Order No. DCA06-0R-157. Roll call vote was unanimous.
Ms. Hutton made a presentation before the Board concerning a Settlement Offer from
Mary Ellen Lloyd in the matter of Monroe County v. Mary Ellen Lloyd, Dorothy Hough, et ai,
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CAM 03-362. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Rice authorizing a settlement in the amount of $5,600 with a Release of all Claims
against Monroe County. Motion carried unanimously.
The Board discussed approval of a Contract with Ken Metcalf, AICP, of the firm
Greenberg Traurig, P.A. to assist the County by providing professional planning services, and
review of the Hurricane Evacuation Model to identifY and implement potential refinements that
would increase the current and future permitting capacity for affordable housing and to negotiate
with the DCA on this issue, and to support the planning efforts of the Affordable Housing Task
Force. Barry Patterson and Ed Swift addressed the Board. After discussion, motion was made
by Commissioner Patton and seconded by Commissioner Rice granting approval of the hiring Mr.
Metcalf. Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner Patton Yes
Commissioner Rice Yes
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
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
jho.L. .j e. ~\4anr1W
Isabel C. DeSantis, eputy Clerk