05/15/2002 Regulari
MINUTES 2002/108
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 15, 2002
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were
Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie Spehar, and
Mayor Charles "Sonny" McCoy. Absent was Commissioner Nora Williams. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio;
and the general public. Karen Cabanas, of the law firm Morgan & Hendrick arrived later in the
meeting.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month award to Edith Zewadski-Bricker, Social Worker
Supervisor, Plantation Key, Social Services Department, Community Services Division, for the
Month of January 2002.
Presentation of Years of Service Award for 15 years of loyal and dedicated service to
Monroe County to Angela Michal, Veterans Service Counselor, Veterans Affairs Plantation Key.
Week.
Mayor's Proclamation proclaiming the month of May 2002 as Foster Care Month.
Mayor's Proclamation proclaiming the week of May 5-11, 2002 as Suicide Prevention
Mayor's Proclamation proclaiming the week of May 13-19, 2002 as Falun Dafa Week.
Mayor's Proclamation proclaiming the week of May 19-25, 2002 as Emergency Medical
Services Week.
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Mayor's Proclamation proclaiming the week of May 19-25, 2002 as Law Enforcement
Memorial Week.
Mayor's Proclamation proclaiming May 22, 2002 as Maritime Day in Monroe County.
Mayor's Proclamation proclaiming the month of July, 2002 as Veterans and Military
Awareness Month in Monroe County.
Mayor's Proclamation proclaiming the month of October, 2002 as Month of the Americas
in Monroe County.
Mayor's Proclamation proclaiming that the year 2003 be called The Year of Marti in Key
West and Monroe County.
Mayor's Proclamation proclaiming the week of June 2-8, 2002 as Florida Keys Chamber
of Commerce Week.
Rebecca Jetton of the Florida Keys Office of the Department of Community Affairs
presented Commissioner Williams with a plaque from grateful citizens of Monroe County in
recognition of a truly outstanding Monroe County Commissioner and fellow citizen of the Florida
Keys.
County Attorney James T. Hendrick read a statement from Commissioner Williams to her
fellow Commissioners, Monroe County staff, and residents of Monroe County.
Mary Enstrom from the Nature Conservancy presented Commissioner Williams with a
plaque for all her dedication to environmental issues in the Keys.
Presentation of a plaque by Mayor McCoy and the Board was given in honor of
Commissioner Williams.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the following items:
Board granted approval to waive purchasing policies and procedures and authorized
execution of a Renewal of Management Agreement between Monroe County and the Upper Keys
Family YMCA for management of the Key Largo Community Park in the amount of $39,196.92
per year; and adopted the following Resolution concerning the Transfer of Funds (through end of
Fiscal Year) for same.
RESOLUTION NO. 192-2002
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of a Emergency Generator Inspections
and Electrical Repairs between Monroe County and Condo Electric Motor Repair for! emergency
generator inspections, maintenance, and repairs.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Synagro of Florida - Anti -Pollution, Inc. for the operation and maintenance
of the wastewater treatment plant located at the Old Mariners Hospital.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Synagro of Florida - Anti -Pollution, Inc. for the operation and maintenance
of the sewage treatment plant at the Marathon Government Center.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Planned Parenthood of Greater Miami and the Florida Keys, Inc. for office
space located at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in
Tavernier.
Board granted approval to renew and authorized execution of the License Agreement No.
N62467-02-00134 between Monroe County and the United States Department of the Navy for
use of Navy shoreline on Boca Chica Beach.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to waive purchasing policies and procedures to perform
emergency repairs on Card Sound Road.
Board granted approval and authorized execution of a Joint Participation Agreement
between Monroe County and the Florida Department of Transportation to resurface C905 and
Card Sound Road in Monroe County, contingent upon approval by OMB, Risk Management and
the County Attorney's Office.
Board granted approval to waive purchasing policies and procedures and award contrct to
Gonzalez Architects for Professional Services for design of 2nd chiller at Jackson Square.
Board granted approval and authorized execution of the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontrants and the
Certification Regarding Lobbying, Certification for Contracts, Grants, Loans and Cooperative
Agreements that are prerequisite to Contract negotiations for the 7/1/02 through 6/30/03
Community Care for Disabled Adults Contract between the State of Florida, Department of
Children & Families and the Monroe County Board of County Comm issioners/Monroe County
Social Services (Monroe County In Home Service Program, the Case Management Agency).
Board granted approval and authorized execution of Amendment 003 to Contract KC-171
for the Community Care for the Elderly Contract for Fiscal Year 7/1/01 through 6/30/02 between
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- , 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 Amendment 003 to 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 to advertise for sealed bids for relocation, addition, modification
and reconfiguration of the 911 equipment located at the Key West Police Department to 1600 N
Roosevelt Boulevard during the latter part of 2002.
Board granted approval to advertise for sealed bids for Wireless Communications devices
capable of cellular telephone, direct connect two way radio, paging and monthly service for Public
Safety and Monroe County Sheriffs Department for interagency communications.
Board granted approval to rescind Renewal Agreement effective from March 1, 2002
through February 28, 2003, and granted approval and authorized execution of an Amended
Renewal Agreement between Monroe County, acting as the governing board for Municipal
Services Taxing District #6 and Fire Tech Repair Service, Inc. for maintenance of fire apparatus,
including preventative maintenance, unscheduled maintenance and annual pump testing.
Board granted approval to purchase one Pierce Commercial Contender Pumper on an
International Chassis, through "piggy -backing" bid 99-150 of Lake County, Florida at a purchase
price of $191,331.00, plus a contingency amount of $5,000.00 to cover any changes during
pre -construction and/or construction process.
Board granted approval of the document entitled Key West International Airport, Part
150 Noise Compatibility Program, Noise Insulation Program Phase 2, Policies and Procedures,
Preliminary Draft, Subject to Revision, dated April 11, 2002 prepared by URS in conjunction
with: Jones Payne Architects and Planners, Inc. and Wyle Laboratories, Inc.
Board granted approval and authorized execution of Public Transportation Supplemental
Joint Participation Agreement No. 3, Contract No. AG177, between Monroe County and the
Florida Department of Transportation, for Plans & Specs for Runway 9/27 and overlay Taxiways
at the Key West International Airport.
Board granted approval and authorized execution of a Lease Extension Agreement
Parking Lot between Monroe County and Hyatt and Hyatt, Inc. for a parking lot at the Key West
International Airport.
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- Board granted approval and authorized execution of a Purchase/Service Order'No.
01/02-13 between Monroe County and URS for the Noise Insulation Program Resident
Inspection.
Board granted approval and authorized execution of a Lease Extension Agreement
Parking Lot between Monroe County and Republic Parking System, Inc. for parking lot
management at the Key West International Airport.
Board adopted the following Resolution approving the change of control of the cable
television franchise from AT&T Corporation to AT&T Comcast Corporation.
RESOLUTION 193-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of
Unanticipated Funds:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 194-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 195-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 196-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 197-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 198-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 199-2002
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- Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO.200-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO.201-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 202-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO.203-2002
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO.204-2002
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO.205-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO.206-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 207-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 208-2002
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 209-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 210-2002 -
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 211-2002
Said Resolution is incorporated here in by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO.212-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO.213-2002
Said Resolution is incorporated herein by reference.
Board granted approval of correction to information shown on Certificate of Participation
for Memorial State and Local Law Enforcement Assistance Formula Grant Program.
Board granted authorization for County Administrator or his designee to complete and
submit the online application for the Federal Fiscal Year 2002 Local Law Enforcement Block
Grant funds via Internet as required by U.S. Dept. of Justice, Bureau of Justice Assistance.
Board granted approval of the re -appointment of John Dillon to the Career Service
Council.
Board granted approval to purchase 19 new Motorola Mobile radios and 1 control station
for Community Services, Social Services/Transportation. The new radios will be on the Sheriffs
800 trunk frequency.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to rescind the Funding Agreement between Monroe County and
Islamorada Charter Boat Association due to cancellation of event.
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Board granted approval to rescind the Funding Agreement between Monroe County and
Sunny Keys Fishing Tournaments, Inc. due to cancellation of event.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Greater Key West Chamber of Commerce exercising option to extend
Agreement for one additional year until September 30, 2003.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Islamorada Chamber of Commerce exercising option to extend
Agreement for one additional year until September 30, 2003.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Key Largo Chamber of Commerce exercising option to extend
Agreement for one additional year until September 30, 2003.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Lower Keys Chamber of Commerce exercising option to extend
Agreement for one additional year until September 30, 2003.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Marathon Chamber of Commerce exercising option to extend Agreement
for one additional year until September 30, 2003.
AIRPORTS
Board granted approval to use the Marathon Airport on June 22, 2002 for the Coral Reef
Sweepers appreciation celebration. Contingent upon satisfaction of all County requirements.
Board granted approval for Super Boat International Productions, Inc. to utilize the
Marathon Airport property June 12 through 17, 2002, for dry pits. Contingent upon meeting all
County regulations, insurance and safety requirements.
Board granted approval to award the Sheriffs Hangar Construction at the Marathon
Airport to the lowest qualified bidder. Contingent on Sheriff and FDOT fund availability.
Contingent upon Sheriffs Construction Engineer's recommendation for qualification and favorable
review by Department of Administrative Service and the County Attorney.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Raffle Aryeh, Permit No. 00-3-3726, for property described as Lot
25, Block 8, Harbor Course South Section 4, Ocean Reef Plat #19. The Real Estate Number is
00573720-002500.
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Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and William A. Frack, Jr., Permit No. 99-3-2036, for property described
as Lot 9, Block 6, Harbor Course South, Section 2, Ocean Reef Plat #17. The Real Estate
Number is 00573700-000900.
Board adopted the following Resolution amending Resolution No. 229A-2000 in order to
establish an inspection fee concerning participation by Monroe County and the Federal
Emergency Management Agency in an inspection procedure as recommended by the Monroe
County Citizens Task Force.
RESOLUTION NO. 214-2002
Said Resolution is incorporated herein by reference.
Board granted approval of Monroe County Planning Department Affordable Housing
Deed Restriction for a dwelling until from Joy Boleda, Permit No. 99-03-2931, for property
described as Lot 3, Block 17, Palma Sola Subdivision, Key Largo. The Real Estate Number is
00445370-000000. The applicant is receiving a dwelling unit allocation award for the year ending
July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999.
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
to issue citations for violations of the Monroe County Code for disposition in County Court.
RESOLUTION NO.215-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Time Extension to Joint
Participation Agreement, Contract No. AI-893, to June 30, 2003 between Monroe County and
the Florida Department of Transporation (FDOT).
Board granted approval for the Growth Management Division to solicit a Request for
Qualifications from consultant firms to prepare a Master Parks and Recreation Plan for Monroe
County.
Board granted approval and authorized execution of the Florida Keys Overseas Heritage
Trail Safety Improvements Project Memorandum of Agreement between Monroe County and the
Florida Department of Environmental Protection to amend the project schedule and adopted the
following Resolution authorizing approval to amend an Agreement with the Florida Department
of Environmental Protection for the design, permitting, and construction of the safety
improvements for the Overseas Heritage Trail.
RESOLUTION NO. 216-2002
Said Resolution is incorporated herein by reference.
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Board adopted the following Resolution authorizing the submission of a Grant Application
to the Florida Department of Transportation for the FY 2003 FHWA National Scenic iByways
Grant Program.
RESOLUTION NO. 217-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement, Contract No. AL652, between Monroe County and the Florida
Department of Transportation to hire a consultant for the "Florida Keys Scenic Highway Project"
and adopted the following Resolution authorizing approval of an Agreement with the Florida
Department of Transportation for funding of Florida Keys Scenic Highway Planning Projects.
RESOLUTION NO.218-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contractual Services Agreement
between Monroe County and the Florida Department of Community Affairs to fund the initial
services of the Affordable Housing Coordinator.
Board granted approval and authorized execution of Monroe County Affordable Housing
Services Agreement for Professional Services between Monroe County and the Innovative
Housing Institute, Inc. (EM) to provide consultant services on affordable housing issues (address
for all future contact for the EM is now 9811 Connecticut Avenue, Kensington, MD 20895).
Board granted approval and authorized execution of a Interlocal Agreement between
Monroe County and the Monroe County Sheriffs Office to authorize the transfer of funds to
Monroe County for the funding of the Florida Keys Affordable Housing Coordinator.
Board granted approval and authorized execution of a Interlocal Agreement between
Monroe County and the City of Key West to authorize the transfer of funds to Monroe County
for the funding of the Florida Keys Affordable Housing Coordinator.
Board granted approval and authorized execution of a Interlocal Agreement between
Monroe County and the City of Key Colony Beach to authorize the transfer of funds to Monroe
County for the funding of the Florida Keys Affordable Housing Coordinator.
Board granted approval and authorized execution of a Interlocal Agreement between
Monroe County and the City of Layton to authorize the transfer of funds to Monroe County for
the funding of the Florida Keys Affordable Housing Coordinator.
Board granted approval and authorized execution of an Agreement between Monroe
County and Mr. Ed Swift to donate funds to Monroe County for the funding of the Florida Keys
Affordable Housing Coordinator.
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Board granted approval and authorized execution of an Agreement between Monroe
County and the Lodging Association to donate funds to Monroe County for the funding of the
Florida Keys Affordable Housing Coordinator.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Key West Chamber of Commerce to donate funds to Monroe County for the
funding of the Florida Keys Affordable Housing Coordinator.
Board adopted the following Resolution authorizing the County Administrator or his
designee to sign Grant Applications for applications approved for submittal by the Board.
RESOLUTION NO. 191-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment 2 to Contract between
Monroe County and Camp, Dresser, McKee, Inc. to provide services for stormwater project
implementation related to the Stormwater Management Master Plan (SMMP).
Board granted approval and authorized execution of a Project Agreement between
Monroe County and the City of Key West (City) to provide up to $20,000 in match dollars (25%
match) from the Boating Improvement Fund (BIF) for an application from the City to the Florida
Clean Vessel Act grant program for the purchase of a pump -out vessel.
Board granted approval and authorized execution of Coastal Impact Assistance Program
Grant Agreement, DEP Agreement No. G0007, between Monroe County and the Florida
Department of Environmental Protection to provide federal funding for the Implementation and
Education/Outreach Programs for the Florida Keys No Discharge Zone Project.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the emergency removal of
DV3A3606 located off of Big Pine Key.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the installation of two regulatory
markers, Dove Creek, Monroe County.
Board granted approval and authorized execution of Amendment Number Two to the
Agreement No. 01010 between Monroe County and the Florida Fish and Wildlife Conservation
Commission allocating additional funding to remove derelict vessels 2002.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and A.S.A.P., Inc. for the emergency removal ofDV3A3590 located off of Key
Largo.
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Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the emergency removal of
DV3A2835 located off of Key West.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the emergency repair of channel
marker #32 Cow Key Channel.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the emergency repair of Vaca
Cut southern regulatory marker and disposal of the broken piling.
Board granted approval for the transfer of two buildable lots from Mark and Holly Andre
to Monroe County by Warranty Deed, Permit No. 01-1-0767, for property described as Lots 15
& 16, Block 43, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit
allocation award for the year ending July 13, 2002, have filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval for one Monroe County Planning Department Affordable Housing
Deed Restriction for a Commercial Apartment dwelling unit from Inn Resorts Inc., Permit No.
99-3-2232(L-5), for property described as Lots 8, 9, 10, 11 & 12, Block 5, Seaside Subdivision,
Key Largo. The applicant is receiving a dwelling unit allocation award for the year ending July
13, 2002, has filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for a Lot Aggregation Restrictive Covenant from Marlin Holding,
Inc., to have one dwelling unit on contiguous lots, Permit No. 01-3-2265, for property described
as Lots 22 and 23, Block 12, Largo Sound Park, Largo Key. The applicants receiving one
dwelling unit allocation award for the year ending July 13, 2001, has filed the document in
accordance with Ordinance No. 47-1999.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a request for expenditures from the Law Enforcement Trust
Fund for the following:
$ 10,000 This sum will support the Monroe Youth Challenge Program, a joint
initiative with the Monroe County School District to provide educational and motivational
programs designed to prevent substance abuse, sexual abuse, and improve the life skills of middle
school students.
$ 5,000 This will replenish TRAP (Targeted Rapid Response Program) funds used
to allow local police commanders to direct a large amount of resources (e.g. surveillance expenses
patrol overtime) to law enforcement problems requiring a speedy strong response.
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Board granted approval of disposition of inventory items for the month of May, 2002, in
the amount of $382,529.18. Said list is incorporated herein by reference.
MONROE COUNTY JUDICIAL SERVICES
Board granted approval of Chief Judge's authorization to create Special Jury Districts for
Monroe County, Local Rule Number 8, one for each courthouse location, from which jury lists
shall be selected in the manner presently provided by law.
Board granted approval and authorized execution of Grant -In -Aid Agreement for Child
Dependency between Monroe County and the Justice Administrative Commission (JAC). JAC
will pay the County for expenditures made in an amount not to exceed $22,084.04 to assist in the
payment of costs incurred for Dependency Counsel for the period beginning July 1, 2001 and
ending June 30, 2002.
COMMISSIONERS' ITEMS
Board adopted the following Resolution recognizing the importance of the
Latin-American Chamber of Commerce and of encouraging minority business.
RESOLUTION NO.219-2002
Said Resolution is incorporation herein by reference.
Board granted approval to eliminate the use of a Sheriff Traffic Enforcement Officer at the
monthly Board of County Commission meeting.
Board granted approval for staff to provide a proposal to commit to the Dog Track
affordable housing project, Meridian West, ninety (90) ROGO / Nutrient credits.
Board granted conceptual approval to direct staff to provide a pedestrian and bicycle
bridge over Ocean Bay Drive in Key Largo, Florida (mm 99.7 Oceanside).
Board granted approval to direct staff to negotiate the acquisition of Lot 7, Block 5,
PB4-92 Largo Sound Village, Key Largo, as a conservation easement lot.
Board granted approval of the Upper Keys Athletic Association's request to extend the
lights off in the Key Largo Community Park from 8:30 PM to 11:00 PM for a period of three
weeks for the Little League Play-off Series. Port Largo Homeowner's Association has given
permission to allow this extension.
COUNTY CLERK
WARRANTS
Board approved the following Warrants (#64946-66307 & 202709-202835)
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General Fund (001), in the amount of $1,872;011.91; Sup to General Revenue (002),
in the amount of $3,153.52; Fine & Forfeiture Fund (101), in the amount of $116,984.80; Road
and Bridge Fund (102), in the amount of $539,109.68; Law Library Fund (103), in the amount
of $2,201.35; TDC District Two Penny (115), in the amount of $223,167.88; TDC Admin &
Promo 2 Cent (116), in the amount of $758,273.63; TDC District 1,3 Cent (117), in the amount
of $39,853.00; TDC District 2,3 Cent (118), in the amount of $1,682.77; TDC District 3,3
Cent (119), in the amount of $18,536.58; TDC District 4,3 Cent (120), in the amount of
$48,901.43; TDC District 5,3 Cent (121), in the amount of $35,606.14; Gov. Fund Type
Grants (125); in the amount of $46,037.53; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $78,204.28; Upper Keys Health Care (144), in the amount of $2,554.81; Fire &
Amb Dist 6 Key Largo (146), in the amount of $30,008.59; Uninc Svc Dist Parks & Rec
(147), in the amount of $45,226.22; Plan, Build, Zoning (148), in the amount of $148,497.68;
Municipal Policing (149), in the amount of $20,905.11; 911 Enhancement Fee (150), in the
amount of $23,370.90; Duck Key Security (152), in the amount of $5,493.34; Local Housing
Assistance (153), in the amount of $83,143.78; Misc. Special Revenue Fund (158), in the
amount of $312.89; Law Enforcement Trust (162), in the amount of $23,549.90; 1 Cent Infra
Surtax (304), in the amount of $435,486.45; Card Sound Bridge (401), in the amount of
$7,690.25; Marathon Airport (403), in the amount of $389,826.02; Key West Intl Airport
(404), in the amount of $209,786.26; MSD Solid Waste (414), in the amount of $949,026.96;
Worker's Compensation (501), in the amount of $14,632.65; Group Insurance Fund (502), in
the amount of $150,865.27; Risk Management Fund (503), in the amount of $333,306.11;
Fleet Management Fund (504), in the amount of $92,448.49.
FINES & FORFEITURES
Court Reporter Services, All Key Reporting, in the amount of $839.50; Amy Landry
Reporting, in the amount of $162.50; Associated Court Reporters, in the amount of $5,265.50;
Florida Keys Reporting Inc., in the amount of $623.75; Fred W. Jeske, in the amount of
$5,707.50; Joan Ocker/Laws Reporting, in the amount of $62.06; Laws Reporting Inc., in the
amount of $157.50; Monroe County Court Reporting, in the amount of $75.00; Official
Reporting Service, in the amount of $148.70; Robins Reporting Service, in the amount of $50.00.
Competency Evaluation, A. Louis Oconnor PHD, in the amount of $350.00; Care Center for
Mental Health, in the amount of $350.00; Deborah A. Harrison PHD, in the amount of $700.00;
Henry M. Storper MD, in the amount of $900.00; James W. Holbrook EDD, in the amount of
$700.00; Thomas Hibberd PHD, in the amount of $350.00. Court Interpreter, Alex Diaz, in the
amount of $405.00; Claudia M. Hancock, in the amount of $220.00; Connie Aguero, in the
amount of $125.00; Estrella Garcia, in the amount of $140.00; Grace Connors, in the amount of
$170.00; Jiri Dolezal, in the amount of $55.00; Joanna Nucun, in the amount of $25.00; Martha
Hernandez, in the amount of $50.00; Mary Lou Waas, in the amount of $385.00; Sergio Alvarez,
in the amount of $250.00. Witness Coordination, Witness Payroll, in the amount of $105.00;
Witness Travel & Per Diem, in the amount of $13,287.57. Expert Witness, A. Lamar Miller, in
the amount of $2,250.00; Gary W. Litman, in the amount of $2,355.00; Leonard Bierman &
Association, in the amount of $350.00; State of Florida, in the amount of $255.00; Court
Appointed Attorney Fees - Conflict, Carl Palomino Esq, in the amount of $2,500.00;
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Christopher Meyer, in the amount of $1,500.00; Donald E. Yates PA, in the amount of
$2,449.91; Dudley Robert Wells, in the amount of $1,792.50; Michelle I. Cates Esq., in the
amount of $2,341.65; Richard Wunsch, in the amount of $3,663.75; The Margalli Law Office, in
the amount of $2,356.25; Timothy Nicholas Thomes, in the amount of $3,000.00; W.J. Heffernan,
Jr., in the amount of $1,050.00. Other Services Circuit, Avis Rent A Car, in the amount of
$497.39; Quality Copy Acquisition, in the amount of $67.10. Miscellaneous Expenses, State of
Florida, in the amount of $414.60.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of April 2002: Advertising, in the amount of $780,720.15; Bricks & Mortar
Projects, in the amount of $10,360.00; Chamber Payments, in the amount of $42,833.32;
Events, in the amount of $29,749.09; Office Supplies & Oper Costs, in the amount of
$29,336.52; Personal Services, in the amount of $98,519.36; Public Relations, in the amount of
$66,102.38; Sales & Marketing, in the amount of $34,930.45; Telephone & Utilities, in the
amount of $13,972.65; Travel, in the amount of $17,433.14.
Board granted official approval the Board of County Commissioner's minutes from the
Regular Meetings of March 20 & 21, 2002.
COUNTY ADMINISTRATOR
Board confirmed James Roberts, County Administrator appointment of Todd Erickson to
be Director of the Department of Technical Services.
Board granted approval of the program for the Selection of the New County Attorney.
Said program is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval to rescind the Interlocal Agreement between Monroe County and
the Municipality of Islamorada for a countywide Building Code Compliance Review Board.
Board granted approval to advertise an Ordinance creating the Breezeswept Beach Estates
Municipal Service Culvert District with authority to levy a one time per lot assessment of
approximately $400 for the removal of one existing culvert and installation of a culvert of larger
capacity in the same location to improve the water quality of the seventeen canals within the
District; providing that the assessments may be collected as non -ad valorem assessments or ad
valorem assessments; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Board granted approval to advertise an Ordinance amending Sec. 6.6-6, Monroe County
Code, in order to adopt the 2000 Editions of the National Fire Protection Association (NFPA-1),
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and the 2000 Edition of the Life Safety Code NFPA-101; providing for severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution adopting a Community Development Block
Grant, Housing Assistance Plan.
RESOLUTION NO. 220-2002
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK
Richard Lancaster, representing Island of Key Largo Federation of Homeowner's
Association addressed the Board concerning Contract Amendment No. 1 between Monroe
County and Gonzalez Architects to design the New Judicial Building changing the original
Contract amount of $337,106.00 to $616,000.00. Architect Jose' Gonzalez and County Engineer
Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Nelson
and seconded by Commissioner Neugent to table the item to the next Marathon meeting. Court
Administrator Teresa Westerfield and Mr. Hendrick addressed the Board. After consideration,
the motion to table was amended to discuss the item later in the day. Motion carried
unanimously.
Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Nelson granting approval to award bid and authorize
execution of a Standard Form of Agreement between Monroe County and General Asphalt Co.,
Inc. in the amount of $1,802,569.50 for Stock Island Roads II. Motion carried unanimously.
The Board discussed removal of surplus equipment from inventory via advertising for bids
and disposal and award surplus equipment. Howard Gelbman, representing the Cross Key
Property Owner's Association, Inc., and Public Safety Director, Reggie Paros addressed the
Board. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Spehar to declare as surplus property item #2, a 1979 GMC Rescue/Pumper,
County ID# 1430-217, Serial# T17DE9V573805, and sell to the Cross Key Property Owner's
Association, Inc. for the amount of $10.00. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval of the removal of surplus equipment from inventory via advertising for bids and
disposal and award surplus equipment, excluding item #2. Said list is incorporated herein by
reference. Motion carried unanimously.
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2002/124
Rick Carey, representing the Parents Who Care Substance Abuse Program; and Mr.
Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Spehar granting approval of the revised proposal of the
recommendations of the Substance Abuse Policy Advisory Board concerning uses of the Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant funds and
authorization for the County Administrator to execute the Fiscal Year 2003 FDLE Byrne Grant
applications and adopted the following Resolution concerning same. Motion carried
unanimously.
RESOLUTION NO. 221-2002
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Mark Rosch, Executive Director of the Monroe County Land Authority addressed the
Board concerning the purchase of a wastewater treatment plant site at MM 100.5 on Key Largo.
After discussion, motion was made by Commissioner Neugent requesting the County Attorney
prepare a Contract for the purchase of the property for the sum of $806,000 plus the cost of
documentary stamps. During discussion, Commissioner Nelson offered an amendment to the
above motion that if a Contract is not signed within 10 days, the County Attorney is to move
forward with a quick -take proceeding. The amendment died for lack of a second. Mr. Hendrick
addressed the Board. Motion was then made by Commissioner Nelson and seconded by
Commissioner Spehar that the County Attorney prepare a Purchase and Sale Agreement to be
executed by the Mayor for the acquisition of a wastewater treatment plant site at MM 100.5 in
Key Largo, for the sum of $806,000 plus a sum equivalent to documentary stamps, and that said
offer have a required acceptance by the seller within a 10 day period with the closing to occur
within 30 days from the date of the acceptance, failing which the County Attorney's Office is
directed to take such action for the preparation of an appropriate Resolution to seek the Board's
further authority for a quick -take of the property, Mr. Roberts, and Van Cadenhead addressed the
Board. Roll call vote was unanimous.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Mayor Charles "Sonny" McCoy, Commissioner George Neugent,
Commissioner Dixie Spehar and Chairperson Yvonne Harper. Absent was Commissioner Nora
Williams.
Motion was made by Commissioner Neugent and seconded by Mayor McCoy granting
approval to rescind Renewal Agreement effective March 1, 2002 through February 28, 2003, and
granted approval and authorized execution of an Amended Renewal Agreement effective from
February 21, 2002 through February 28, 2003, between the Board of Governors of Fire and
Ambulance District 1 of Monroe County, Florida and Fire Tech Repair Service, Inc. for
I
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2002/125
maintenance of fire apparatus, including preventative maintenance, unscheduled maintenance and
annual pump testing. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution of the Board of Governors of the Fire and Ambulance District 1 of
Monroe County, Florida authorizing the write-off of EMS Accounts Receivable, and granted
approval and authorized execution of a Provider Agreement Form between Monroe County and
Health Care Recovery Systems concerning the revised amount for services from $588.95 to
$441.75 for Herminio Camejo (patient). Motion carried unanimously.
RESOLUTION NO. 222-2002
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of Governors was adjourned.
The Board of County Commissioners reconvened with all Commissioners present.
MISCELLANEOUS
A representative from the Key Largo Chamber of Commerce discussed the Spiegel Grove
Artificial Reef project scheduled for Friday, May 17, 2002.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval and authorizing execution of a Spiegal Grove Artificial Reef Project Agreement
for use of Sheriffs Bomb Technician. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board returned to Agenda item C-12 concerning Contract Amendment No. 1
between Monroe County and Gonzalez Architects to design the New Judicial Building changing
the original Contract amount of $337,106.00 to $616,000.00. Motion was made by
Commissioner Nelson and seconded by Commissioner Neugent authorizing payment in the
amount of $86,766.34. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
table to the next Marathon meeting approval of one "at large" appointment to the Tourist
Development Council District III Advisory Committee. Motion carried unanimously.
Mr. Roberts announced the vacant position on the Tourist Development Council District I
Advisory Committee for an "at large" appointment.
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— DIVISION OF PUBLIC WORKS
Dent Pierce, Director of Public Works reported to the Board on bicycle trails designated
as the Florida Keys Overseas Heritage Trail being maintained by the County on behalf of the
Florida Department of Environmental Protection.
Mr. Koppel gave the following report to the Board concerning Old Settlers Park: 1.
Historic platform foundation: complete. Additional sealer to be applied to concrete slab; 2.
Historic platform structure: complete; 3. Historic platform roof. complete; 4. Landscaping
punchlist: complete; 5. Final site cleanup: complete; 6. Road abondonment, complete by May 31;
7. Reconfiguring road, add parking and landscaping: complete by June 28.
Mr. Koppel discussed with the Board safety improvements on Card Sound Road.
Commissioner Neugent discussed the possibility of establishing an electronic toll payment, annual
or sun pass.
DIVISION OF GROWTH MANAGEMENT
Rebecca Jetton of the Florida Keys Office of the Department of Community Affairs; and
Richard Lancaster, representing Island of Key Largo Federation addressed the Board. Motion
was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval
and authorizing execution of a Contract for Legal Services to Prepare Comprehensive
Amendments to Chapter 9.5, Monroe County Code between Monroe County and Freilich, Leitner
& Carlisle for the County's Land Development Regulations. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board and introduced Jeffrey P. Angello, Area President -
Gallagher Benefit Services who gave a presentation concerning the possibility of obtaining a fully
insured medical and dental program for Monroe County government. No official action was
taken by the Boad.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Tim McGarry reported to the Board on the DCA Rule as
still being challenged.
The Board accepted the Growth Management Litigation Report from Attorney Karen K.
Cabanas, dated May 13, 2002.
Mr. McGarry briefed the Board on the report entitled Recommendations for the
Regulation of Adult Oriented Businesses in Monroe County, Florida, prepared by the Monroe
County Planning Department. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Neugent directing Staff to move forward and report back to the
Board with recommendations for approval. Motion carried unanimous. j
05/15/2002 2002/127
COMMISSIONERS' ITEMS
Van Cadenhead and Bert Cannon addressed the Board. Mayor McCoy discussed his item
with the Board declaring Monroe County's open and accepting use of the Spanish language.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 223-2002
Said Resolution is incorporated herein by reference.
Richard Lancaster, representing Island of Key Largo Federation addressed the Board.
Commissioner Neugent discussed his item regarding bond issue on the following capital
improvements; Big Pine Key Fire Station, Big Pine Key Affordable Housing/Post Hurricane
Recovery Center, Big Pine Key Multi -use facility, Summerland Key Fire Station, Conch Key Fire
Station, Stock Island Fire Station, North Key Largo Fire Station, Dedicated Emergency
Operations Center, and Dedicated Improvement on all five County Libraries. Mr. Roberts
addressed the Board.
Clerk read into the record information from Commissioner Williams concerning her item
for the consideration of signage for Coastal Barrier Resources System land use overlay district as
per M.C. Ordinance No. 043-2001. Mr. McGarry addressed the Board. Motion was made by
Commissioner Nelson and seconded by Commissioner Neugent to table to the next Marathon
Meeting. Motion carried unanimously.
MISCELLANEOUS
State Representative Ken Sorenson addressed the Board concerning legislative issues
affecting Monroe County.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Chapter 13.5,
Monroe County Code, deleting provisions regarding the 33rd Street Boat Ramp, Marathon, the
Aviation Blvd. Boat Ramp, Marathon and the mile marker 82.5 Boat Ramp, Islamorada, as well
as Coco Plum Park, Jessie Hobbs Park, and Sombrero Beach Park, also amending provisions
regarding Sunset Point Park, allowing dogs thereon and restricting parking; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 011-2002
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider adoption of an Ordinance amending Section 2-1(d),
Monroe County Code, in order to provide that the County Administrator may authorize the
moving expenses, up to $5,000, of new employees he determines to be key personnel; providing
for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 012-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and the Public in and to a portion of Troup Road, Industrial
Acres, Key Largo, Monroe County, Florida. The Board accepted public input with the following
individuals addressing the Board: Richard Lancaster, representing Island of Key Largo
Federation; Fred Nickerson, Barbara Mitchell, representing Tradewinds Hammock II; Franklin
Greenman, Esq., representing Tradewinds Hammock II; George Johnson, representing Hibiscus
Park; Peter Rosasco, representing Tradewinds Hammock; David Tuttle, representing Tradewinds
Development; Jacqui McPhillips, representing Tradewinds Hammocks LLC; Jill Patterson, Rocky
Hubert, Barbara Mitchell, Burke Cannon, Barry Patterson, Van Cadenhead, and Adam Koslofsky.
Jill Patterson and Peter Rosasco addressed the Board a second time. Motion was made by
Commissioner Spehar and seconded by Commissioner Neugent to adopt the following
Resolution. Roll call vote was taken with the following results:
Commissioner Nelson No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor McCoy No
Motion failed.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
requesting Peter Rosasco and David Tuttle meet with Staff to find an alternate route concerning
ingress/egress. Roll call vote was unanimous.
Motion was Commissioner Neugent and seconded by Commissioner Spehar directing
Staff to explore all possibilities. Motion carried unanimously.
COMMISSIONERS' ITEMS
The following individuals addressed the Board regarding adoption of a Resolution
concerning the removal or relocation of the mobile homeowners of the Coral Isle Mobile Home
Park on Stock Island Monroe: Richard Parks, David Ray, Van Cadenhead, Richard Jakusz,
representing the Poinciana Mobile Homeowners Association; Jennifer Basmajian, and Kenneth
05/15/2002 2002/129
Lingle. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Nelson to adopt the following Resolution . Motion carried unanimously.
RESOLUTION NO. 224-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
adopt the following Resolution providing that the owner of on site sewage treatment and disposal
system may pay connection fees charged by investor -owner sewerage system in monthly
installments without interest over a period of time not to exceed five years. The Board directed
Staff to set the definitions for hardship and bring back for approval. Motion carried unanimously.
RESOLUTION NO.225-2002
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
Commissioner Neugent requested to rehear item T.3 to abandon the portion of Troup
Road that is needed for the construction of Tradewinds Hammock II, but not abandon the
portion of the road that would allow ingress to Hibiscus Park. Attorney Karen Cabanas
representing Monroe County addressed the Board. Motion was made by Commissioner Neugent
and seconded by Commissioner Spehar to rehear the item. Barbara Mitchell addressed the Board.
After consideration, the above motion was withdrawn. The Mayor called a Special Meeting to
meet with Jim Quinn of DCA concerning wastewater issues; and for the continuation of the above
Public Hearing to be held on Wednesday, May 22, 2002 at 1:00 P.M. in the Marathon
Government Center. Motion carried unanimously. Ms. Jetton, Barry Patterson, Van Cadenhead,
and Fred Nickerson addressed the Board.
A Public Hearing was held to consider adoption of a Ordinance amending Section 9.5-266
(a)(6)c. and d., and Section 9.5-266(a)(8)a., Monroe County Code, to correct a scriverner's error
in Ordinance 003-2002. There was no public input. Motion was made by Commissioner Spehar
and seconded by Commissioner Nelson to adopt the following Ordinance amending Section
9.5-266 (a)(6)c. and d., and Section 9.5-266(a)(8)a., Monroe County Code, correcting a
scrivener's error in Ordinance 003-2002 concerning the change in the length of restrictive
covenants to fifty years for affordable housing; providing for severability; providing for the repeal
of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County
Code; 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. Motion carried unanimously.
ORDINANCE NO. 013-2002
Said Ordinance is incorporated herein by reference.
Commissioner Neugent excused himself from the meeting.
05/15/2002 2002/130
A Public Hearing was held to consider a DCA Transmittal Resolution on the request by
_ the Planning and Environmental Resources Department to amend Policy 101.4.23 of the Monroe
County Year 2020 Comprehensive Plan to "grandfather" all legally established residences
notwithstanding the density requirements set for in Policy 101.4.21. There was no public input.
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the
following Resolution transmitting to the Department of Community Affairs the request filed by
the Monroe County Planning and Environmental Resources to amend Policy 101.4.23 of the
Monroe County Year 2010 Comprehensive Plan to clarify that all legally established residential
dwelling units in existence shall not be considered non -conforming under the density provisions in
Policy 101.4.21 and in the Monroe County Code. Roll call vote was unanimous, with
Commissioner Neugent not present.
RESOLUTION NO.226-2002
Said Resolution is incorporated herein by reference.
Commissioner Neugent returned to the meeting.
The second of two Public Hearings was held to consider adoption of an Ordinance
amending Section 9.5-247 (Commercial Fishing Special Districts) Monroe County Code, to
permit public wastewater treatment facilities as a major conditional use. There was no public
input. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to
adopt the following Ordinance amending Section 9.5-247, Monroe County Code; providing for
wastewater treatment facilities in commercial fishing special districts; providing for the
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the
incorporation into the Monroe County Code; directing the Clerk of the Board to forward a
certified copy of this Ordinance to the Florida Department of Community Affairs; and providing
for an effective date. Motion carried unanimously.
ORDINANCE NO. 014-2002
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
Mr. Roberts discussed the recommendation in reference to the awarding of the contract
for the operation of Animal Control facilities for Key West, Big Pine and Marathon. Rick Trout
addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Nelson for sharing the system. The SPCA will operate the Key West
and Lower Keys portion of the contract for 60% of the maximum bid amount (60% x $539,000 =
$323,400) and Stand Up For Animals will operate the Marathon and Big Pine portion of the
contract for 40% of the maximum bid amount (40% x $539,000 = $215,600). Each contract is to
have a provision in which the performance of each organization will be evaluated by staff after 9
months. Roll call vote was unanimous.
05/15/2002 2002/131
COMMISSIONERS' ITEMS
The Clerk read a statement from Commissioner Williams concerning an update to the
Board on General Land Use.
The Clerk read a statement from Commissioner Williams concerning approval of the
appointment of Peter G. Henry to the TDC DAC IV, fulfilling Alexa Wheeler's term, which will
expire September 2002. Motion was made by Commissioner Nelson and seconded by
Commissioner Spehar to table to the Marathon Board meeting. Motion carried unanimously.
The Clerk read a statement from Commissioner Williams concerning approval of a
Request for Qualifications to lay out a strategy for wastewater transition. Mr. McGarry
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Spehar to negotiate a contract with CH2MHill for Monroe County
Government Relations, Engineering, and Planning Services. Paul Feldman, Director of
Environmental Services and Jack Tague, Wastewater Programs Administrator for the Florida
Keys Aqueduct Authority addressed the Board. Roll call vote was taken with the following
results:
Commissioner Nelson
Yes
Commissioner Neugent
No
Commissioner Spehar
Yes
Mayor McCoy
Yes
Motion carried.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to
adopt the following joint Resolution of the Monroe County Board of County Commissioners and
the Florida Keys Aqueduct Authority relating to the provision of wastewater facilities in the
Conch Key and Bay Point areas of Monroe County, Florida; providing for a commitment to the
Federal Emergency Management Agency in order to preserve and secure certain grant funding for
wastewater project(s) in the Conch Key and Bay Point areas providing for matching funding by
Monroe County; providing for reimbursements by Monroe County to the Florida Keys Aqueduct
Authority; providing for the development of a critical events schedule acceptable to Federal
Emergency Management Agency in order to implement a wastewater project in the Conch Key
and Bay Point areas; providing that this joint Resolution be deemed an Interlocal Agreement
pursuant to Section 163,01, Florida Statutes; providing for severability; and providing for an
effective date. Roll call vote was unanimous.
RESOLUTION NO. 227-2002
Said Resolution is incorporated herein by reference.
05/15/2002 2002/132
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item of how to best utilize the EPA and County match
dollars to eliminate cesspits, unknown systems, and to provide a demonstration project to meet
EPA requirements. Motion was made by Commissioner Nelson and seconded by Commissioner
Spehar to table the item to the special Board meeting in Marathon on May 22, 2002. Motion
carried unanimously.
Commissioner Nelson discussed his item on amending Ordinance No. 031-1999 to limit
hot spots to areas defined as meeting a rank for the entire Keys not to exceed 30 as listed in the
Monroe County Sanitary Wastewater Master Plan. Motion was made by Commissioner Nelson
and seconded by Commissioner Neugent granting approval to advertise an Ordinance for a Public
Hearing creating Section 15.5-19.1, Monroe County Code, in order to make properties in
locations ranked 39-45 with a Keys wide ranking in the Monroe County Sanitary Wastewater
Master Plan cold spots available for grant funds for unknown systems replacement and upgrade;
Providing such properties are subject to enforcement provisions of Section 15.5-18, MCC;
Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances; and Providing an
effective date. Roll call vote was unanimous.
Commissioner Nelson discussed his item requesting that the FKAA request proposals for a
stand-alone wastewater system for Conch Key. This item was referred to Staff. Commissioner
Nelson also discussed the Bay Point area. After further discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Spehar directing Staff to utilize the firm of
CH2MHill to conduct a comparative analysis for either a stand-alone wastewater treatment plant
or the transporting of wastewater to the existing facility on Duck Key; also the Board requested a
cost for infrastructure and stand-alone plant for Bay Point. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Roberts confirmed the Joint Meeting between the Board of County Commissioners
and the City of Key West Commissioners for June 24, 2002, 6 p.m., in the Harvey Government
Center at Historic Truman School.
Mr. Roberts referred the Board to written communication from Commissioner Williams of
how her tasks/liaison positions are to be divided up among the Board.
COUNTY ATTORNEY
Ms. Cabanas addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson to reopen the agenda to correct a scrivener's error in Agenda
item R-3. Motion carried unanimously. Motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to correct the one time per lot assessment from
approximately $400.00 to $670.00 for the removal of one existing culvert and installation of a
culvert of larger capacity in the same location to improve the water quality of the sev, enteen canals
05/15/2002 2002/133
within the District; providing that the assessments may be collected as non -ad valorem
assessments or ad valorem assessments, providing an effective date. Motion carried unanimously.
Ms. Cabanas addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson to reopen the agenda in order to add approval of a Stipulated
Settlement of the litigation in the matter of T7 Builders Corp. v. Monroe County. Motion carried
unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent granting approval of the Stipulated Settlement Agreement. Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
reconsider agenda item Q-4 concerning approval of the program for the Selection of the new
County Attorney. Motion carried unanimously. Mr. Roberts and Ms. Cabanas addressed the
Board. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of Commissioner Spehar's addition that the applicant have 5 years of legal and 2
years of administrative background, be a member of the Florida Bar and Southern District, and
have public sector legal experience. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
—� of County Commissioners
Monroe County, Florida
Jac. AXV�zt�'
Isabel C. DeSantis, Deputy Clerk