07/17/2002 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2002/168
Regular Meeting
Board of County Commissioners
Wednesday, July 17, 2002
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll
call were Commissioner Humberto "Bert" Jimenez, Commissioner Murray Nelson, Commissioner
George Neugent, Commissioner Dixie Spehar, and Mayor Charles "Sonny" McCoy. 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.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar 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 for the Month of April, 2002, to Gisela
Doval, Custodian, Facilities Maintenance, Public Works Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
David S. Koppel, County Engineer, Public Works Division.
Mayor's Proclamation recognizing Daniel Chamberlin for his dedication and exemplary
service as a member of Boy Scout Troop 578 earning Scouting's highest rank of Eagle Scout.
Commissioner Jimenez read a letter into the record from Charles Bement, Chief - Bureau
of Emergency Medical Services congratulating Public Safety Director Reggie Paros for his
outstanding service inspection.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the following items:
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Board granted approval and authorized execution of Modification # 1 to Agreement,
02-PR-70-07-38-01-005 dated May 8, 2002, between Monroe County and the Department of
Community Affairs concerning the development of a Terrorism Annex to the County's
Comprehensive Emergency Management Plan.
Board granted approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole
source provider for MSA Products, for the purchase of ten (10) Self-contained Breathing
Apparatus with spare bottles, through EMS Matching Grant EM276, in the total amount of
$36,801.06.
Board granted approval to remove surplus equipment from inventory via disposal. Said list
is incorporated herein by reference.
Board granted approval of award of bid to National Cleaning Systems, Inc., for janitorial
services at the Key West International Airport, in the amount of $92,604.00 per year, and
approval for National to commence services on a month to month basis, pending Agreement for
services.
Board granted approval to advertise a request for bids for an aircraft handicap lift device
to be used to accommodate handicapped persons boarding Regional Jets at the Key West
International Airport.
Board granted approval to rescind Supplemental Joint Participation Agreement No. 1,
Contract No. AL023 for terminal modifications at the Key West International Airport between
Monroe County and the Florida Department of Transportation (FDOT) which was approved at
the March 20, 2002 meeting. FDOT issued a revised Supplement No. 1, which broadened the
project description, approved at the April 17, 2002 meeting.
Board granted approval and authorized execution of Purchase/Service Order No.
01/02-31 between Monroe County and URS to prepare Passenger Facility Charge Application
No. 7, for the Key West International Airport.
Board adopted the following Resolution adopting the tentative residential solid waste
collection, disposal and recycling rates for the Fiscal Year 2002 - 2003.
RESOLUTION NO. 271-2002
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.
RESOLUTION NO. 272-2002
Said Resolution is incorporated herein by reference.
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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 granted approval to purchase and install one (1) Key West Marine Park Sign for
Higgs Beach. The Key West Marine Park Project is a cooperative venture between the City of
Key West and Reef Relief. The boundaries of the marine park extend from the White Street Pier
to Duval Street and include three swim lanes and two vessel access lanes marked with buoys.
Board granted approval to enter into a Security Agreement with a law enforcement officer
at the Mariner's Resort Park site in Big Pine Key, pending appointee by the Sheriff.
Board granted approval of the monthly report on Change Orders reviewed by the County
Administrator.
Board granted authorization for the County Administrator or his designee to accept Local
Law Enforcement Block Grant award via Internet as required by U.S. Department of Justice,
Bureau of Justice Assistance.
Board granted approval to accept proposal from Arthur J. Gallagher to provide Airport
Liability Insurance at an annual premium of $66,621.
Board granted approval of a worker's compensation settlement in the amount of
$120,000.00 inclusive of attorneys fees and costs for claim number 998748-LFE for date of
accident 6/11/98.
Board granted approval of the renewal of the worker's compensation Contract between
Monroe County and Preferred Governmental Claim Solutions to provide Third Party
Administration Services for the workers' compensation program for Monroe County.
Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of
Unanticipated Funds, and amending Resolutions:
Amending Resolution No. 195-2002 (OMB Schedule Item No. 1).
RESOLUTION NO.273-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 194-2002 (OMB Schedule Item No. 2).
RESOLUTION NO.274-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
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RESOLUTION NO.275-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 276-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 277-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO.278-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 279-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO.280-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 207-2002 (OMB Schedule Item No. 9).
RESOLUTION NO. 281-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 282-2002
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 283-2002
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
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RESOLUTION NO. 284-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO.285-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO.286-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 287-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 288-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 289-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 290-2002
Said Resolution is incorporated here in by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO.291-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO.292-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
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RESOLUTION NO. 293-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO.294-2002
Said Resolution is incorporated herein by reference.
Rescind Resolution No. 234-2002 (OMB Schedule Item No. 23).
RESOLUTION NO. 295-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 450-2001
RESOLUTION NO.296-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 163-2002
RESOLUTION NO. 297-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 164-2002
RESOLUTION NO.298-2002
Said Resolution is incorporated herein by reference.
Board granted approval to purchase one transportation bus using the Public
Transportation Joint Participation Agreement between Monroe County and the State of Florida
Department of Transportation by piggy backing on the FDOT FVPP-02-CA-1 Florida Vehicle
Procurement Program.
Board granted approval and authorized execution of a Standard Coordination/Operator
Contract between Monroe County and the Guidance Clinic of the Middle Keys serving as the
Community Transportation Coordinator for the State of Florida (Contract year 07/01/02 -
06/30/03).
Board granted approval and authorized execution of Electronic Remittance Voucher
Agreement between Monroe County and the Agency for Health Care Administration Florida
Medicaid that will allow Monroe County to receive claim remittance vouchers electronically for
EMS, Transportation, In -Home Services, Bayshore Manor, Assisted Care Services and the
Nutrition programs.
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Board granted approval and authorized execution of USDA Rate Agreement Amendment
No. 001, Contract US-251, between Monroe County and the Alliance for Aging, Inc. changing
amount of reimbursement for meals provided to senior clients from $27,756 to $29,750 due to
availability of funds.
Board granted approval and authorized execution of an Amendment to Contract No.
OW-PY'01-04-03, Senior Community Service Employment Program, between Monroe County
and the South Florida Employment and Training Consortium (SFETC) and Service Provider due
to the increase of funds by $16,016 to continue providing services for the period of July 1, 2002
through September 30, 2002.
Board granted approval and authorized execution of Master Agreement No. PA329 for
Fiscal Year 7/l/02 through 12/31/02 between the Alliance for Aging, Inc. (Area Agency on Aging
for Miami -Dade and Monroe Counties) and Monroe County Board of County
Commissioners/Monroe County Social Services (Monroe County In Home Service
Program/Monroe County Nutrition Program).
Board granted approval and authorized execution of Alzheimer's Disease Initiative
Contract No. KZ297 for Fiscal Year 7/l/02 through 6/30/03 between the Alliance for Aging, Inc.
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 Community Care for the Elderly
Contract No. KC271 for Fiscal Year 7/l/02 through 6/30/03 between the Alliance for Aging, Inc.
and the Monroe County Board of County Commissioners/Monroe County Social Services
(Monroe County In Home Service Program, the Case Management Agency).
Board granted approval and authorized execution of Home Care for the Elderly Contract
No. KH272 for Fiscal Year 7/l/02 through 6/30/03 between the Alliance for Aging, Inc. and the
Monroe County Board of County Commissioners/Monroe County Social Services (Monroe
County In Home Service Program, the Case Management Agency).
Board granted approval and authorized execution of an Agreement Addendum between
Monroe County and the Ocean Reef Volunteer Fire Department, Inc., providing for their
volunteer firefighters to be included in the Worker's Compensation Program for Monroe County.
Board adopted the following Resolution amending Resolution 477A-2001, concerning the
Receipt of Unanticipated revenue for cost center 04556/Tropical Storm Mitch 125/Governmental
Fund Type Grants.
RESOLUTION NO. 299-2002
Said Resolution is incorporated herein by reference.
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TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of the Ninth Amendment to Agreement
(Additional Funding from DAC V and DAC IV) between Monroe County and the Legendary Key
Largo Chamber of Commerce appropriating an additional $200,000 of District IV and District
District V tourist development funds to be applied to the Spiegel Grove Project, and
encompassing those items in the June 19 BOCC agenda item that need commemoration in an
amendment.
Board granted approval and authorized execution of an Interlocal Agreement for Grant of
Funds between Monroe County and Islamorada, Village of Islands for the Amphitheater Project in
an amount not to exceed $149,672, DAC IV, Third Penny Capital Project Resources FY 2002.
Board granted approval and authorized execution of an Agreement between Monroe
County and Stuart Newman Associates, Inc., to provide public relations services for Monroe
County Tourist Development Council and Monroe County commencing October 1, 2002.
Board adopted the following Resolution transferring funds.
RESOLUTION NO.300-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and Red Barn Theatre for the Red Barn Theatre Improvement & Remodel Phase II
project in an amount not to exceed $150,000, DAC I, Third Penny Capital Project Resources FY
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the City of Key West for the Kitsos-Berg Walkway -Walkover project,
allowing for an extension of the Agreement until December 31, 2002.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and Friends of Mallory Square, Inc. for the Key West - Florida Keys Historical Military
Memorial Project in an amount not to exceed $65,000, DAC I, Third Penny Capital Project
Resources, FY 2002.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and Florida Keys Land & Sea Trust for the Boardwalk Expansion and Center at Crane
Point project in an amount not to exceed $87,950, DAC III, Third Penny Capital Project
Resources, FY 2002.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and the Dolphin Research Center for Repair of the Gift Shop Roof and Install Tiki
Structure in an amount not to exceed $11,116.00, DAC III, Third Penny Capital Resources, FY
2002.
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Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Key West Botanical Garden Society amending Exhibit 2 as of
the date of Agreement.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and the Upper Keys Community Pool for the purchase of competition equipment for the
Jacob's Aquatic Center in an amount not to exceed $102,000.00, DAC V, Third Penny Capital
Project Resources, FY 2002.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Merle L. and Carmen Prebel, Permit No. 01-3-449, for property
described as Pt of Lt 11 and the adjoining part of Tract A, Harbor Course Sec 1, Ocean Reef Plat
#13, PB7 Pg 3. The Real Estate Number is 00572797-001600.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Robert Hirsch, for property described as Lot 9, Block 1,
Summerland Beach Addition 2, Summerland Key, Florida. The Real Estate Number is
00197220-000000.
Board granted approval and authorized execution of a Release of the Affordable Housing
Deed Restriction requested by Nancy & Richard Chatelaine, filed by Anthony Paterniti on June
18, 1993, for their property on Big Pine Key identified by Real Estate Number 00109710-000400.
Board granted approval of a Lot Aggregation Restrictive Covenant from Marvin Barrett
to have one dwelling unit on contiguous lots, Permit No. 02-03-0309, for property described as
Lots 14, 15, 18 and 19, Block 12, Anglers Park, Key Largo. The applicant receiving one dwelling
unit allocation award for the year ending July 13, 2001, has filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant from Marvin Barrett
to have one dwelling unit on contiguous lots, Permit No. 02-03-1021, for property described as
Lots 1, 2, 10 and 11, Block 13, Anglers Park, Key Largo. The applicant receiving one dwelling
unit allocation award for the year ending July 13, 2001, has filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant from Tim Chapman
and Charlene Hall to have one dwelling unit on contiguous lots, Permit No. 00-01-2667, for
property described as Lots 18 and 19, Block 2, Torchwood West Unit 2, Big Torch. The
applicants receiving one dwelling unit allocation award for the year ending July 13, 2001, have
filed the document in accordance with Ordinance No. 47-1999.
Board granted approval of an Affordable Housing Deed Restriction for a dwelling unit
from Thomas J. Nolt, Permit No. 02-3-816, for property described as Lot 4, Block 4, Harris
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Ocean Park Estates, 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 the transfer of one buildable lot from Condor Construction to
Monroe County by Warranty Deed, Permit No. 00-3-3484, for property described as Lot 7, Block
20, Sands Subdivision, Big Pine Key. 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 to apply for Starter Kit Grant funding in the amount of
$50,000.00 from the Florida Office of Greenways and Trails to assist with the implementation of
the Florida Overseas Heritage Trail State Park.
Board granted approval to rescind the Florida Keys Overseas Heritage Trail Development
Agreement between Monroe County and the Florida Department of Environmental Protection
(DEP) approved at the June 21, 2001, meeting that was not executed by DEP.
Board granted approval to rescind County Incentive Grant Program Agreement, Financial
Project No. 410504-1-54-01, between Monroe County and the Florida Department of
Transportation that was approved at the September 20, 2001, meeting that was not executed by
DEP. This Agreement was replaced by a new Agreement approved by the Board at the
November 21, 2001 meeting.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the removal of marine debris/derelict
vessel located off of the bay side of Marathon, Monroe County.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc., for the emergency repairs to
Tavernier Creek channel markers.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and A.S.A.P. Marine Contractors, Inc., for the emergency repair of channel
markers located in Matecumbe Harbor (#4) and Cow Key Channel (#15), Monroe County.
Board granted approval and authorized execution of an Addendum to Software License
Agreement between Monroe County and Sungard Pentamation, Inc. to upgrade the permitting
software and provide on -site training to the Building and Code Enforcement Departments.
Board granted approval for the transfer of one buildable lot from Oscar and Marlen
Casariego to Monroe County by Warranty Deed, Permit No. 00-03-2887, for property described
as Lot 3, Block 24, 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.
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Board granted approval for the transfer of two buildable lots from William V. & Cecilia
Welzien to Monroe County by Warranty Deeds, Permit No. 00-01-5355, for property described
as Lot 12, Block 7, Pine Grove Subdivision, Big Pine Key, and Lot 3, Block 6, Palm Villa
Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the
year ending July 13, 2002, have filed the documents in accordance with Ordinance No. 47-1999,
Board granted approval of a Lot Aggregation Restrictive Covenant from George W. &
Elaine D. Elam, and Joseph & Shannon Biondoletti to have one dwelling unit on contiguous lots,
Permit No. 00-3-3456, for property described as Lots 17, 18 and 19, Block 2, Sunset Point, Key
Largo. The applicants receiving one dwelling unit allocation award for the year ending July 13,
2001, have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Arnolds Auto & Marine Repair, Inc., for the removal of derelict vessels Zone
1-2002.
Board granted approval for the transfer of one buildable lot from Dwight Skidmore for
Raymond Osborne to Monroe County by Warrant Deed, Permit No. 01-01-4288, for property
described as Lot 2, Block 8, Doctors Arm 2nd Addition, Big Pine Key. The applicant receiving
one dwelling unit allocation award for the year ending July 13, 2001, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval and authorized execution of a Grant Agreement between Monroe
County and the South Florida Water Management District (SFWMD) to provide the County up
to $800,000 in funds for stormwater management improvements on County's roadways and the
following Resolutions for the Transfer of Funds and Receipt of Unanticipated Funds.
Receipt of Unanticipated Funds
RESOLUTION NO. 269-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds
RESOLUTION NO. 270-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Stipulated Settlement Agreement
for John Moore v. Monroe County, Case No. CAP-01-210, agreeing that the Plaintiff has the
right to make improvements to the subject structure as well as demolish (with appropriate
permits) for all improvements made in connection with a movie production on the property
provided such improvements and demolition do not exceed $115,000.
Board granted approval and authorized execution of a Stipulated Settlement Agreement
for John Moore and Renell Maiersperger v. Department of Community Affairs, DOAH Case No.
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02-0174GM, agreeing that the Plaintiffs shall stay all proceedings in this action as well as file a
voluntary dismissal of all claims upon entry of a Final Judgment in Case No. CAP-01-210,
approving a settlement stipulation.
Board adopted the following Resolution approving the annual Monroe County Public
Facilities Capacity Assessment Report for 2002, prepared by the Department of Planning and
Environmental Resources, July 2002.
RESOLUTION NO.301-2002
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of a request for expenditures from the Law Enforcement Trust
Fund for the following:
$123,000 This sum will be transferred to the Monroe County School Board to fund
the Summer Recreation Programs sponsored by the Monroe County School Board throughout the
county.
Board granted approval to advertise an Ordinance providing for the establishment of the
School Crossing Guard Trust Fund; providing for the imposition of a surcharge on parking fines
to fund a School Crossing Guard Program; providing authorization for the use of trust funds for
startup costs and recurring administrative costs related to the program; providing for quarterly
distribution of funds collected from the surcharge in proportion to the number of crossing guards
in each municipality and unincorporated Monroe County; providing that surcharge revenues are
not the exclusive method of funding School Crossing Guards; 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 of disposition of inventory items for the month of July 2002, in
the amount of $387,511.07. Said list is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Mayor McCoy's re -appointments to the Health Council of
South Florida effective July 1, 2002 serving a two year term expiring June 30, 2004: Liz Kern,
Michael Lannon, Debra Premaza and Ann Rhode.
Board granted approval to negotiate the purchase of property needed to construct a
culvert in Breerswept Beach Estates, Ramrod Key Oceanside. The contract for purchase shall
specify that purchase is contingent upon the passing of a referendum.
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COUNTY CLERK
WARRANTS
Board approved the following Warrants (#203046-203207 & 67943-68295):
General Fund (001), in the amount of $1,127,483.69; Sup to General Revenue (002),
in the amount of $37,240.53; Affordable Housing Project (100), in the amount of $20,344.88;
Fine & Forfeiture Fund (101), in the amount of $2,651,125.49; Road and Bridge Fund (102),
in the amount of $172,977.56; Law Library Fund (103), in the amount of $3,655.50; TDC
District Two Penny (115), in the amount of $179,247.60; TDC Admin & Promo 2 Cent (116),
in the amount of $969,333.27; TDC District 1,3 Cent (117), in the amount of $358,806.81;
TDC District 2,3 Cent (118), in the amount of $5,873.09; TDC District 3,3 Cent (119), in the
amount of $9,003.39; TDC District 4,3 Cent (120), in the amount of $19,286.19; TDC District
5,3 Cent (121), in the amount of $17,797.73; Gov. Fund Type Grants (125); in the amount of
$266,642.30; Fire & Amb Dist 1 L&M Keys (141), in the amount of $56,603.30; Upper Keys
Health Care (144), in the amount of $9,533.59; Fire & Amb Dist 6 Key Largo (146), in the
amount of $24,716.62; Uninc Svc Dist Parks & Rec (147), in the amount of $40,895.40; Plan,
Build, Zoning (148), in the amount of $430,901.44; Municipal Policing (149), in the amount of
$363,176.40; 911 Enhancement Fee (150), in the amount of $5,923.50; Duck Key Security
(152), in the amount of $5,274.44; Local Housing Assistance (153), in the amount of
$48,432.84; Boating Improvement Fund (157), in the amount of $5,682.96; Misc. Special
Revenue Fund (158), in the amount of $2,480.77; Law Enforcement Trust (162), in the
amount of $143,859.61; 1 Cent Infra Surtax (304), in the amount of $1,039,931.54; Card
Sound Bridge (401), in the amount of $2,496.11; Marathon Airport (403), in the amount of
$346,315.03; Key West Intl Airport (404), in the amount of $311,671.49; MSD Solid Waste
(414), in the amount of $1,650,594.57; Worker's Compensation (501), in the amount of
$47,396.51; Group Insurance Fund (502), in the amount of $172,616.22; Risk Management
Fund (503), in the amount of $80,266.85; Fleet Management Fund (504), in the amount of
$106,296.50.
FINES & FORFEITURES
Court Reporter Services, All Key Reporting, in the amount of $3,246.25; Associated
Court Reporters, in the amount of $2,227.50; Esquire Deposition Service, in the amount of
$127.50; Florida Keys Reporting, Inc., in the amount of $42.00; Fred W. Jeske, in the amount of
$135.75; Goldman, Naccarato, Patterson, in the amount of $172.80; Monroe County Court
Reporting, in the amount of $1,373.25. Competency Evaluation, A. Louis Oconnor PHD, in the
amount of $350.00; Deborah A. Harrison PHD, in the amount of $700.00; Henry M. Storper
MD, in the amount of $450.00; James W. Holbrook EDD, in the amount of $350.00; Lynn
Langdale, in the amount of $125.00; Sanford Mintz PHD, in the amount of $350.00. Court
Interpreter, Alex Diaz, in the amount of $325.00; Claudia M. Hancock, in the amount of $60.00;
Drahoslava Bejdova AKA Donna Bejdova, in the amount of $80.00; Estrella Garcia, in the
amount of $125.00; Grace Connors, in the amount of $140.00; Jiri Dolezal, in the amount of
$25.00; Joanna Nucun, in the amount of $60.00; Martha Hernandez, in the amount of $275.24;
Mary Lou Waas, in the amount of $120.00; Sergio Alvarez, in the amount of $97.50. Witness
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Coordination, Witness Payroll, in the amount of $50.00; Witness Travel & Per Diem, in the
amount of $125.00. Court Appointed Attorney Fees - Conflict, Howard Sohn PA, in the
amount of $6,581.25; John P. Rotolo PA, Inc., in the amount of $1,707.36; Joseph H. Kelinson,
in the amount of $4,659.25; Vernis & Bowlinf of the FL Keys, in the amount of $7,283.18. Other
Services Circuit, Avis Rent A Car System, Inc., in the amount of $139.35; Craig Hartline, in the
amount of $142.37; Michael W. Strickland, in the amount of $173.25; State of Florida, in the
amount of $795.95; Yadiris Wood, in the amount of $440.18. Miscellaneous Expenses, Leighton
Morse, in the amount of $8.11; State of Florida, in the amount $342.75.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of June 2002: Advertising, in the amount of $1,257,507.48; Bricks & Mortar
Projects, in the amount of $3,634.39; Chamber Payments, in the amount of $44,499.98;
Events, in the amount of $49,376.83; Office Supplies & Oper Costs, in the amount of
$18,707.79; Personal Services, in the amount of $70,005.59; Public Relations, in the amount of
$52,553.41; Sales & Marketing, in the amount of $44,459.51; Telephone & Utilities, in the
amount of $12,304.21; Travel, in the amount of $6,048.89.
Board granted official approval the Board of County Commissioner's minutes from the
Special Meeting of May 22, 2002, Regular Meetings of June 19 & 20, 2002, and Special Joint
Meeting of June 24, 2002.
COUNTY ADMINISTRATOR
Board granted approval of the re -appointments of Ray Albury, Henry Rosenthal and
Dennis Taylor, and approval of David Whitney to replace Jim Clupper; and David Cohn to replace
Rachel Lockhart to the Matecumbe Historical Board.
Board granted approval of a Public Official Bond for Commissioner Humberto Jimenez in
the amount of $2,000, term began on June 6, 2002 and will end on November 18, 2002.
COUNTY ATTORNEY
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of King Street, Angler Park
Subdivision, Key Largo, Monroe County, Florida.
RESOLUTION NO. 302-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution directing the Supervisor of Election to place on
the ballot a referendum question regarding assessment of taxes by the Key Largo Wastewater
Treatment District.
RESOLUTION NO. 303-2002
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Said Resolution is incorporated herein by reference.
Board granted approval to advertise an Ordinance for the purpose of implementing the
Dori Slosberg Driver Education Safety Act, and to help fund traffic education programs in
Monroe County.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Commissioner Neugent discussed the item with the Board. Public Works Director Dent
Pierce and County Attorney James T. Hendrick addressed the Board. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval
and authorizing execution of a Lease Amendment between Monroe County and Salute Restaurant
at Higgs Beach to add two (2) additional five-year terms, allow Lessee to close the restaurant for
three weeks each year (between September 16 and October 15), and for the County to close the
public restrooms at 11:00 p.m. instead of sunset each night to alleviate wear and tear on the
restaurant restroom. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Stephanie L. Coffer, Construction Manager reported to the Board on use of space in the
old Mariner's Hospital for a dental lab for Rural Health Network of Monroe County.
AIRPORTS
Public Safety Director Reggie Paros addressed the Board concerning Agenda item G.3 -
Approval of an Agreement between Monroe County and ENSAT Corporation for the installation
of a Jet A Fuel Facility at Grantair Fixed Base Operation (FBO) at the Marathon Airport; and
Agenda item GA - Approval of an Amendment to Lease Agreement between Monroe County
and Grantair Service, Inc., concerning the construction, installation and purchase of a Jet A Fuel
Facility. Attorney Hal Schuhmacher, representing Rob Grant of Grantair; County Administrator
James Roberts; and County Attorney James T. Hendrick also addressed the Board. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar
that the Amendment to the Lease Agreement not waive the requirement that Grantair Service
comply with applicable minimum standards. Key West Airport Director Peter Horton addressed
the Board. Roll call vote was unanimous.
Brad Neat addressed the Board. Motion was then made by Commissioner Nelson and
seconded by Commissioner Spehar granting approval and authorizing execution of the following:
Agreement between Monroe County and ENSAT Corporation for the installation of a Jet
A Fuel Facility at Grantair Fixed Base Operation (FBO) at the Marathon Airport.
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Amendment to Lease Agreement between Monroe County and Grantair Service, Inc.
concerning the construction, installation and purchase of a Jet A Fuel Facility.
Roll call vote was unanimous.
Commissioner Neugent excused himself from the meeting.
GROWTH MANAGEMENT
Growth Management Director Tim McGarry updated the Board concerning the Big Pine
Key Cross -Island Connector study. Mr. McGarry discussed the Settlement Challenge to
Non -Residential ROGO and the DCA Rule Challenge.
Mr. Hendrick discussed the Growth Management Litigation Report dated July 17, 2002
from Attorney Karen K. Cabanas. Mr. Hendrick also discussed the challenge to the DRI/Hawk's
Cay by a group of Duck Key property owners.
COMMISSIONERS' ITEMS
Commissioner Jimenez requested an update of Old Settler's Park. County Engineer Dave
Koppel discussed progress of Old Settler's Park and abandonment of Albury Street.
Mr. Roberts addressed the Board. Motion was made by Commissioner Spehar and
seconded by Commissioner Nelson granting conceptual approval for a Library Homework Center
to be located in the Poinciana Housing Project in Key West. Location has been pre -approved by
Manuel Castillo of the Housing Authority. Motion carried unanimously, with Commissioner
Neugent not present.
COUNTY ADMINISTRATOR
Mr. Roberts gave a presentation to the Board on status of work for redistricting of
County Commission districts. The Board directed Mr. Roberts to proceed with scheduling three
Public Hearings and present findings back to the Board at the October meeting.
COUNTY ATTORNEY
Mr. Hendrick reported to the Board on the Island Disposal litigation that is being
appealed. Mr. Hendrick updated the Board on the Shadik litigation..
PROCEDURAL ITEM
Motion was made by Mayor McCoy and seconded by Commissioner Nelson that each
November, the order of the roll call will rotate through the alphabet with the exception of the
Mayor/Chairman who will always vote last. Motion carried unanimously, with Commissioner
Neugent not present.
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DIVISION OF PUBLIC WORKS
Jose Gonzalez, representing Gonzalez Architects updated the Board on work being
performed at the Jackson Square project.
AIRPORTS
Mayor McCoy discussed Aviation issues with Key West Airport Director, Peter Horton.
Russ Draper addressed the Board.
Edward Knight addressed the Board. Mr. Horton introduced WE "Skip" Barnett,
President - ASA/Delta Connection who gave a presentation to the Board concerning airline
service between Key West and Atlanta. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Jimenez granting approval per Staff recommendation that
landing fees be waived for two landings a day for a period of a year for the Delta Atlanta to Key
West service. Motion carried unanimously, with Commissioner Neugent not present.
Commissioner Neugent returned to the meeting.
SOUNDING BOARD
Russ Rector and Rick Trout discussed with the Board dolphin strandings. No official
action was taken by the Board.
Barbara Fike, representing Caring Friends for Seniors, discussed with the Board funding
from the HSAB for 2003. No official action was taken by the Board.
TAX COLLECTOR
Monroe County Tax Collector Danise D. Henriquez, presented the Board with the 2001
tax roll and list of errors and insolvencies. Ms. Henriquez requested that the 2002 tax roll be
extended and the tax bills be mailed prior to completion of Value Board Hearings. Motion was
made by Commissioner Neugent granting approval of the request. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Neugent introduced Kieran Mahoney, Chairman of the Citizens Code
Committee, who reported to the Board on its Final Report dated July 17, 2002, on the Monroe
County Code Section 9.5 (Land Development Regulations). No official action was taken by the
Board.
David P. Rice, Ph.D addressed the Board concerning a request for increased allocation for
the Guidance Clinic of the Middle Keys, Inc., to continue providing Baker Act Transportation
service for the remainder of the County Fiscal Year 2002. The 2002 allocation for GCMK will be
exhausted by the middle of June, therefore additional dollars will be needed to maintain the Baker
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Act Transportation beyond that time. Motion was made by Commissioner Neugent and seconded
by Commissioner Spehar to fund an additional $20,600 for the remainder of Fiscal Year 2002.
Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. Hal Canary, representing Public Financial Management
gave a presentation to the Board of a report in reference to the potential for debt financing of
capital projects and request for guidance from the County Commission. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Neugent directing Staff to
move forward. Motion carried unanimously.
Commissioner Nelson excused himself from the meeting.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a Resolution renouncing and
disclaiming any right of the County and the Public in and to a portion of Fourth Street between
MacDonald Avenue and US Highway 1, Stock Island, Monroe County, Florida. There was no
public input. Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent to adopt the following Resolution. Motion carried unanimously, with Commissioner
Nelson not present.
RESOLUTION NO.304A-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution evidencing the Board's
approval of a recommended Beneficial Use Determination promulgated by the Special Master, in
re: Rachel Marie Brooks, Steven B. and Carol Brown, Thomas F. and Patricia Collins, Donald
Davis, Richard J. Johnson, Joseph C. and Elda S. Magrini, Charles W. and Susan M. Peabody, Jr.,
Keith P. Radenhausen, Paul F. Reuter. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to adopt the following
Resolution. Motion carried unanimously, with Commissioner Nelson not present.
RESOLUTION NO. 305-2002
Said Resolution is incorporated herein by reference.
Commissioner Nelson returned to the meeting.
A Public Hearing was held concerning adoption of an Ordinance relating to the provision
of wastewater services, facilities, and programs by FKAA in all areas where FKAA has
wastewater jurisdiction in Monroe County. Mr. Hendrick addressed the Board. The Board
accepted public input with the following individual addressing the Board: Attorney Bob Feldman,
representing the Florida Keys Aqueduct Authority. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance
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relating to the provision of wastewater services, facilities, and programs by the Florida Keys
Aqueduct Authority; requiring connection to Florida Keys Aqueduct Wastewater Facilities when
available; providing for definition of "onsite sewage treatment disposal systems" and other
definitions; providing for and amending Ordinance No. 04-2000 to be effective in all areas within
Monroe County in which the Florida Key Aqueduct Authority is authorized to provide
wastewater services, facilities and programs; providing for enforcement; providing for
severability; and providing an effective date. Roll call vote was unanimous.
ORDINANCE NO. 017-2002
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed acceptance of the Cuban -American Heritage Festival
grant application. Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar to reopen the agenda. Motion carried unanimously. Mr. Hendrick addressed the Board.
Motion was made by Commissioner Spehar and seconded by Commissioner Jimenez directing the
Tourist Development Council to accept submission of the Cuban -American Heritage Festival
grant application. Roll call vote was unanimous.
WASTEWATER ISSUES
Mr. Roberts and Growth Management Director Tim McGarry discussed with the Board
Agenda item T.1 - Report on Issues with the Florida Keys Aqueduct Authority, FEMA, and the
State including Project Eligibility and Funding; and Agenda item T.2 - Update briefing on
wastewater management projects. Paul Feldman, Director of Environmental Services for the
Florida Keys Aqueduct Authority addressed the Board. Mr. McGarry discussed the Suggested
Key Wastewater Action Items, July 17, 2002, BOCC Meeting.
Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to use
the $1.66 million in State funding in Key Largo to expand the Key Largo Trailer Village to the
South Side adjacent to the Key Largo Park, with the understanding that such expansion will be
done in a manner that will not jeopardize either FEMA or State funding. Roll call vote was
unanimous.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
authorizing the County Administrator to submit a letter to FDEP indicating that FKAA will, on
behalf of the County, be responsible for project documentation under the State grant funding
program set forth in line Item 1765A of the 2002-03 General Appropriations Act. Motion carried
unanimously.
Motion was made by Commissioner Jimenez and seconded by Commissioner Neugent
authorizing Staff, in coordination with FKAA, to investigate the redistribution of FEMA Unmet
funds among the three FEMA funded projects once detailed cost estimates have been prepared
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and to come to BOCC with recommendation on any proposed redistribution. Motion carried
unanimously.
Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution, as amended,
adopting policies and guidelines for establishment of "reasonable" wastewater connection fees and
monthly service charges including levels of public financial assistance to wastewater treatment
systems and economically disadvantaged households. The Board requested that an effort be made
to obtain any available subsidy. Attorney Bob Feldman, representing the FKAA addressed the
Board. Said amendment as follows:
Page 2 of 4, Section 2.
A. Connection fees should be no more than approximately $4,509 $2.700 per
Equivalent Dwelling Unit (EDU) after any federal/state grants or County funds are
applied.
B. The monthly service charge per EDU should be S45 $35 or less per month, excluding
debt service costs.
Page 3 of 4, Section 4.
The BOCC establishes a policy that the level of public grant assistance both local and
federal/state to be provided projects shall be sufficient to ensure that per EDU connection fees are
no more than $4,509 $2,700 and monthly user charges are $4-5 $35 or less, excluding any debt
service. The BOCC states that in provision of this grant assistance, the County's policy shall be
to solely reduce the capital costs for such systems not operations and maintenance (O&M) costs.
The BOCC further states that except for such assistance that may be provided to disadvantaged
households, the out-of-pocket costs incurred by property owners for the decommissioning of
on -site systems and installation of laterals to the property line, shall be borne by the property
owner. Roll call vote was taken with the following results:
Commissioner Jimenez No
Commissioner Nelson Yes
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
RESOLUTION NO.306-2002
Said Resolution is incorporated herein by reference.
Mr. Roberts addressed the Board. Motion was made by Commissioner Nelson and
seconded by Commissioner Neugent to adopt the following Resolution supporting a conceptual
agreement proposed by Key West Resort Utilities, Inc., to provide wastewater services to south
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Stock Island and directing the County Attorney to prepare a Contract and authorize the Mayor to
execute same subject to legal, financial, and risk management review. Bill Smith, representing
Key West Resort Utilities also addressed the Board. Roll call vote was unanimous.
RESOLUTION NO.307-2002
Said Resolution is incorporated herein by reference.
Presentation by Randazza Enterprises, Inc., and Boyle Engineering - Nos Espat, President
of Randazza Enterprises, Inc.
Mr. McGarry discussed with the Board the selection of a preferred site(s) for the location
of a wastewater treatment facility to serve the Bay Point community and requesting the Land
Authority to obtain appraisals and enter into negotiations for purchasing starting with the highest
ranked site. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
to approve Site #3 Bluewater Key RV Ownership Park. The following individuals addressed the
Board: Gary Teplitsky, representing Baby's Coffee; Alice Steryou, representing Knuckleheads, -
Keith Barto, A. Kurt Hilbig, Marie A. Clark and Donald Yates. The County Attorney was
requested to draft an appropriate Resolution defining Site #3 as the preferred site to be selected.
Roll call vote was unanimous. (Note: Resolution # 308-2002 is adopted at the Special Meeting of
the Board on July 19, 2002).
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance to correct scrivener's
errors in Ordinance No. 033-2001 (Wireless Communications) that inadvertently deleted or failed
to delete numerous sections of Chapter 9.5, Monroe County. There was no public input. Motion
was made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the
following Ordinance to correct scriveners' errors in Ordinance 033-2001 (Wireless
Communications) that inadvertently deleted or failed to delete numerous sections of Chapter 9.5,
Monroe County Code; providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; providing an
effective date. Motion carried unanimously.
ORDINANCE NO. 018-2002
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held on the proposed amendment to Section
9.5-242 Improved Subdivision Districts of the Land Development Regulations to permit public
wastewater treatment facilities as a major conditional use. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the following
Ordinance providing for wastewater treatment facilities in Improved Subdivision 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.
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ORDINANCE NO.019-2002
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held or the "amendment" hearing, to amend the
Monroe County Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1-105.3
to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land
acquisition areas, expand areas appropriate for transfer of development rights, and recommend
modification to the permit allocation system. The Board accepted public input with the following
individuals addressing the Board: Joseph Ambrose, representing the Monroe County Chapter
CCPR; Lynn Barry, Cynthia Cameron, Alicia Putney, Jody Thomas, representing the Nature
Conservancy; David Tuttle, and Rebecca Jetton, representing the Florida Department of
Community Affairs. After discussion, motion was made by Commissioner Neugent and seconded
by Commissioner Spehar to adopt the following Ordinance amending the Monroe County Year
2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1 through 105.3 to establish a
Smart Growth Mechanism to direct future growth to infill areas, expand future land acquisition
areas, expand areas appropriate for transfer of development rights, and recommend modification
of the Permit Allocation System. Roll call vote was unanimous.
ORDINANCE NO. 020-2002
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
The Board discussed Agenda item T.5 - Approval of a Resolution selecting a wastewater
management option for Conch Key; and Agenda item T.9 - Approval to direct the FKAA to
present dual proposals for the wastewater project of Conch Key/Hawks Cay - one proposal for a
stand-alone system and another for a connection to Hawks Cay wastewater plant. Katrina Wiatt
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Spehar directing the Florida Keys Aqueduct Authority to request proposals for
a stand-alone wastewater treatment plant on the bay side of Conch Key using Purestream's upper
sludge blanket filtration or equal on existing FDOT property. Mr. Roberts and Mr. Hendrick
addressed the Board. After further discussion, the motion was amended by the maker with the
second accepting to request the Florida Keys Aqueduct Authority to request proposals for a
stand-alone wastewater treatment plant on the bay side of Conch Key on existing FDOT property.
Paul Feldman, Director of Environmental Services for the Florida Keys Aqueduct Authority
addressed the Board. Roll call vote was taken with the following results:
Commissioner Jimenez Yes
Commissioner Nelson Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
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Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Jimenez and seconded by Commissioner Neugent to
adopt the following Resolution requesting conveyance of Conch Key property from the Florida
Department of Transportation for use as a wastewater treatment plant site. Motion carried
unanimously.
RESOLUTION NO. 304-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to
adopt the following Resolution conceptually approving assistance, in the form of a $100,000 loan
or Interlocal Agreement, to the Key Largo Wastewater Treatment District [District] for such Key
Largo Wastewater Collection and Treatment Project that the District Board may select in
conformity with the Comprehensive Plan. Motion carried unanimously.
RESOLUTION NO. 310-2002
Said Resolution is incorporated herein by reference.
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
,Q.J,,L 0. P�dat�
Isabel C. DeSantis, Deputy Clerk