01/17/2007 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 17, 2007
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy,
Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario
DiGennaro. Also present at the meeting were Thomas Willi, County Administrator;
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of
the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
The Board discussed policies and procedures of add-on items to the agenda.
Suzanne Hutton, County Attorney and Tom Willi, County Administrator addressed the
Board. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner McCoy to set the agenda deadline on the Monday prior to the scheduled
meeting. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
During roll call, the motion was withdrawn by the maker with the second accepting.
Motion was then made by Commissioner Spehar to set the agenda deadline on the
Monday prior to the scheduled meeting at 9:00 AM. After consideration, the motion was
amended to set the agenda deadline three (3) working days prior to the scheduled
meeting. During further discussion, motion was made by Commissioner McCoy and
seconded by Commissioner Murphy that routine matters be given to the County
Commission ninety-six (96) hours prior to the scheduled meeting, and any item that is not
to the Commission by that time would have to be voted on at the commission meeting
and would require a super majority vote to be added on. Roll call vote was unanimous.
Motion was made by Commissioner McCoy and seconded by Commissioner
Spehar authorizing Dave Koppel, County Engineer to provide an explanation concerning
the reason for the deletion of agenda item K I - approval to execute Florida Department
of Environmental Protection (FDEP) Fiscal Year 2007 Grant Agreement for $10.962
million; and the adding of additional backup to agenda item K2 - Resolution supporting
2
the Florida Keys Water Resource Initiative (FKWRI) Team and urging legislative
funding for water resource projects. Mr. Koppel addressed the Board. Said motion also
included the approval of Additions, Corrections, Deletions and today's agenda. Motion
carried unanimously.
MISCELLANEOUS
Tom Willi, County Administrator introduced Lisa Tennyson, the new Affordable
Housing Coordinator.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for October, 2006 to Leasa
Summey, Staff Assistant, Employee Service Division, Human Resources Office, Key
West.
BULK APPROVALS
Board granted approval and authorized execution of a Lease Renewal Agreement
between Monroe County and the Tax Collector for the Drivers License Building at the
Key West International Airport.
Board granted approval ofthe revised budget for Republic Parking System for
Parking Lot Management at the Key West International Airport, for the period of
November I, 2006, through October 31, 2007.
Board granted approval and authorized execution of Purchase Service Order No.
06/07-19 between Monroe County and URS to perform a Security Study - Threat and
Vulnerability Analysis for the Key West International Airport.
Board granted approval and authorized execution of a Contract between Monroe
County and the Monroe County Sherifi's Office for law enforcement and security
services at the Key West International and Florida Keys Marathon Airports.
Board granted approval and authorized execution of an Agreement between
Monroe County and Epstein, Becker & Green, P.C., as outside counsel to complete the
negotiations with Teamster Local 769. This firm has been handling the negotiations with
the Teamsters under a letter of engagement, but no formal Agreement (Case No. 051604-
00002).
Board granted approval and authorized execution of an Agreement between
Monroe County and Epstein, Becker & Green, P.C. as outside council to handle
firefighter employment, firefighter personnel and other firefighter issues. They have
been working with the County in this regard and this will formalize the relationship (Case
051604-00003 ).
Board granted approval to renew and authorized execution of a Second
Amendment to Employer-Provide Network and Utilization Review and Case
3
Management Service Agreement between Momoe County KPHA which provides Pre-
admission Certification and Medical Case Management services of the County's Health
Insurance Program.
Board granted approval to award Public Works surplus items as described in
Recap of Bid Opening of December 13, 2006. (Items 2,3,4,6,7,8,9, 12, 13, 14 and
17). Said documents are incorporated herein by reference.
Board granted approval of the receipt of the monthly report on Change Orders
reviewed by the County Administrator's Office for the period beginning December 1,
2006 and ending December 20,2006, totaling $7,314.42.
Board adopted the following Resolutions for the Transfer of Funds and Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 001-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 002-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 003-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 004-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 005-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 006-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 007-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 008-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No 9).
RESOLUTION NO. 009-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 010-2007
Said Resolution is incorporated herein by reference
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 011-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 012-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 013-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 014-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 015-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 016-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 017-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 018-2007
Said Resolution is incorporated herein by reference.
Resolution amending Resolution No. 561-2006 (OMB Schedule Item No. 19).
RESOLUTION NO. 019-2007
Said Resolution is incorporated herein by reference.
4
5
Board granted approval of a General Fund Transfer for the Sheriff: to transfer
funds for FY 06 between functional distributions in accordance with F.S. Chapter 30.49
(2) (a).
Board granted approval and authorized execution of Addendum #2 to Consulting
Agreement between Monroe County and Langton Associates, Inc. extending the original
Agreement dated November 16, 2005, through January 31,2008.
Board granted approval to create the position of Senior Engineering Technician -
Wastewater at pay grade 9 - range $40,307 to $58,446 plus benefits.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise a Request for Proposals for FY 2008
Destination/Turnkey event applications.
Board granted approval and authorized execution of an Agreement between
Monroe County and Florida Powerboat Club, Inc. covering the 12th Annual Miami Boat
Show Poker Run to Islamorada on February 22-26,2007 in an amount of$25,000, DAC
IV, FY 2007 Event Resources.
Board granted approval to advertise a Request for Proposals for Public Relations
Agency Services for Monroe County Tourist Development Council.
Board granted approval and authorized execution of an Agreement between
Monroe County and The Race Club, Inc., covering the Islamorada Games and Rubber
Ducky Race on May 19-20, 2007 in an amount not to exceed $30,000, DAC IV, FY 2007
Event Resources.
Board granted approval to advertise a Request for Applications for FY 2008
Capital Project Funding.
Board granted approval and authorized execution of a TurnKey Agreement
between Monroe County and the Key West Tourist Development Association, Inc.
covering Fantasy Fest 2007 in an amount not to exceed $110,000, DAC I Event
Resources; $5,000, DAC II Event Resources; $7,500, DAC III Event Resources; $11,500,
DAC IV Event Resources; $12,000, DAC V Event Resources
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution proclaiming February 2007 as Water
Quality Awareness Month in Monroe County, the Florida Keys.
RESOLUTION NO. 020-2007
Said Resolution is incorporated herein by reference.
6
Board granted approval and authorized execution of a Contract between Momoe
County and Woolpert, Inc. for Enterprise GIS Plan and Services to create and implement
a geodatabase design and a detailed address geodatabase with updates.
Board adopted the following Resolution certifying the 2007 administrative update
to the Monroe County Land Use District Map (LUDM) for the unincorporated area ofthe
Lower Florida Keys as authorized by Section 9.5-24(a)(2) c., Monroe County Code of
Ordinances and making the (LUDM) update available in paper and digital form.
RESOLUTION NO. 021-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Contract
for Services between Monroe County and Advanced Data Solutions to provide document
scanning services for the County Building Department, in an amount not to exceed
$50,000.
Board granted approval of the substitution of a corrected 3-party contract with
Otak Group, Inc. and the State of Florida Department of Environmental Protection
(DEP), Office of Greenways and Trails to perform construction services for completion
of fishing platform on an existing bridge on that portion of the Florida Keys Overseas
Heritage Trail in the area known as Tom's Harbor Cut located at Mile Marker 61.7.
MONROE COUNTY SHERIFF"S OFFICE
Board granted approval ofthe following expenditures from Law Enforcement
Trust Fund, in the amount of$17,000.00:
$2,000
Boys Scouts of America - Upper Keys Cub Scout Troop #582.
$5,000
Key West High School Fast Pitch
$10,000
Take Stock In Children
MONROE COUNTY HEALTH DEPARTMENT
Board granted approval of the Annual Core Contract between Monroe County and
the Florida Department of Health for public health services provided by the Monroe
County Health Department.
COMMISSIONERS' ITEMS
Board granted approval to appoint Mayor DiGennaro for BOCC representation on
the Florida Keys Council for Persons with Disabilities for 2007.
7
Board granted approval to sunset the Human Services Advisory Board Task Force
services.
COUNTY CLERK
Board official approved the BOCC meeting minutes from the Regular Meeting of
November 15, 2006 and the Special Meeting of November I, 2006 (previously
distributed).
Board granted approval ofthe following Warrants (101646-101673 & 511961-
513015): General Fund (001), in the amount of$4,105,590.58; Fine & Forfeiture Fund
(101), in the amount of $6, 175,801.68; Road and Bridge Fund (102), in the amount of
$253,031.77; TDC District Two Penny (115), in the amount of$179,748.37; TDC
Admin. & Promo 2 Cent (116), in the amount of$660,201.08; TDC District 1,3 Cent
(117), in the amount of$333,046.53; TDC District 2, 3 Cent (118), in the amount of
$11,484.36; TDC District 3, 3 Cent (119), in the amount of$98,825.19; TDC District
4,3 Cent (120), in the amount of$9,384.16; TDC District 5, 3 Cent (121), in the
amount of$9,500.97; Gov. Fund Type Grants (125), in the amount of$I,317,347.17;
Fire & Amb Dist 1 L&M Keys (141), in the amount of $206,048.36; Upper Keys
Health Care (144), in the amount of$I,199.41; Fire & Amb Dist 6 Key Largo (146), in
the amount of$5,527.25; Uninc Svc Dist Parks & Rec (147), in the amount of
$23,182.69; Plan, Build, Zoning (148), in the amount of $175,633.90; Municipal
Policing (149), in the amount of$I,068,072.86; 911 Enhancement Fee (150), in the
amount of$1O,393.31; Duck Key Security (152), in the amount of$5,093.96; Local
Housing Assistance (153), in the amount of $14,901.43; Boating Improvement Fund
(157), in the amount of$238, 137.98; Misc. Special Revenue Fund (158), in the amount
of$24,621.62; Environmental Restoration (160), in the amount of$I,728.23; Law
Enforcement Trust, (162), in the amount of $14,159.00; Court Facilities Fee-602
(163), in the amount of$I,458.00; Bay Point Wastewater MSTU, in the amount of
$246.36; Big Coppitt Wastewater MSTU (169), in the amount of $1606.13; Key Largo
Wastewater MSTU (170), in the amount of$18,311.40; Conch Key MSTU, in the
amount of$136.69; 1 Cent Infra Surtax (304), in the amount of$181,470.32; 2003
Revenue Bonds (307), in the amount of $392,674.46; Card Sound Bridge (401), in the
amount of$I,898.89; Marathon Airport (403), in the amount of$202,52681; Key
West IntI. Airport (404), in the amount of$410,375.51; KW AlP Series 2006 Bonds
(405), in the amount of$19,000.00; MSD Solid Waste (414), in the amount of
$1,728,282.56; Worker's Compensation (501), in the amount of$138,650.28;
329,449.64; Group Insurance Fund (502), in the amount of $200,441.62; Risk
Management Fund (503), in the amount of$108,511.10; Fleet Management Fund
(504), in the amount of$106,444.27; Fire&EMS LOSAP Trust Fund (610), in the
amount of$510.00.
Board granted approval of Tourist Development Council Expenditures for the
month of December, 2006, as follows: Advertising, in the amount of $879,330.08; Bricks
& Mortar Projects, in the amount of$160,757.00; Visitor Information Services, in the
amount of$27,749.00; Events, in the amount of $25,929.48; Office Supplies & Oper
8
Costs, in the amount of$30,954.63; Personal Services, in the amount of $74, 107.68;
Public Relations, in the amount of $29,791.68; Sales & Marketing, in the amount of
$47,567.82; Telephone & Utilities, in the amount of$16,190.46; Travel, in the amount of
$9,812.83.
Board granted approval to remove surplus equipment from inventory via disposal.
Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of the Public Official Bond for Richard Rudell, Mosquito
Control.
Board granted approval of the Public Official Bond for Charles William
Langstaff, Mosquito Control.
Board adopted the following Resolution abolishing the Vendor Advisory
Committee.
RESOLUTION NO. 022-2007
Said Resolution is incorporated herein by reference.
Board granted approval of the re-appointment of James Clupper and Diane Silvia
to the Historic Preservation Committee, commencing January 17, 2007 and expiring
January 16, 2010.
Board granted approval of re-appointment of Steven Johnson, Deanna Lloyd and
Alice Allen to the Historic Preservation Committee, commencing January 17, 2007 and
expiring January 16, 2010.
COUNTY ATTORNEY
Board granted approval and authorized execution of a First Amendment to
Agreement for legal services dated July 19, 2006 between Monroe County and Gray
Robinson, P.A.
Board granted approval and authorized execution of a Fourth Amendment to
Agreement between Monroe County and Construction Manager, The Morganti Group,
Inc., Key West International Airport - New Terminal Building and Renovation Project,
(AlP Grant Compliance Amendment).
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
9
Teresa Aguiar, Employee Services Division Director addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval of a Workers' Compensation settlement in the amount of
$375,000 (three hundred seventy five thousand) for WC File #97112500-GH Motion
carried unanimously.
Dave Koppel, County Engineer addressed the Board. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Spehar granting
approval to issue Request for Proposals for hurricane debris collection/removal and
disaster related services contractors. Motion carried unanimously.
Ron Miller addressed the Board. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval of a
General Fund Transfer for the Sheriff: to transfer funds for FY 07 between functional
distributions in accordance with F.S. chapter 30.49 (2) (a). Suzanne Hutton, County
Attorney addressed also addressed the Board. Motion carried unanimously.
Dave Koppel, County Engineer addressed the Board. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Neugent granting
approval and authorizing execution of Contract Amendment No.3 between Monroe
County and William P. Horn, Architect, P.A. for professional services for redesign of the
Big Pine Key Fire Station to use the North Key Largo Fire Station design in order to do
minimum work possible to lower the costs of construction as much as possible. Motion
carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval ofthe following items:
Approval for the County Administrator to sign amendments to the Older
American's Act (OAA) Master Agreement PE-729 between the Alliance for Aging, Inc.
and the BOCC and, when accepting amendments to increase funding, to obligate 10%
match up to a maximum of$25,000 during the course of the contract period (1/1-
12/31/07).
Resolution authorizing agents of the animal control contractors to enforce Chapter
3, Monroe County Code, and chapter 828, Florida Statutes, and to issue citations for
violations of the Monroe County Code, including requiring appearance for disposition in
County Court.
RESOLUTION NO. 023-2007
Said Resolution is incorporated herein by reference.
Execution of a First Amendment to the Remarketing Agreement of the Airport
Variable Rate Revenue Bonds, (Key West International Airport), Series 2006 between
Monroe County and Remarketing Agent, UBS securities, LLC.
10
Approval to advertise a Budget Amendment for General Fund 001, Uninc. Svc.
Dist. Parks & Recreation Fund 147, and Planning, Building, and Zoning Fund 148; and
adoption of a resolution concerning the Transfer of Funds.
RESOLUTION NO. 024-2007
Said Resolution is incorporated herein by reference.
Approval to advertise a Budget Amendment for the Miscellaneous Special
Revenue Fund 158, and the 911 Enhancement Fund, 150 and approval of resolutions for
the Receipt of Unanticipated Funds and the Transfer of Funds.
Receipt of Unanticipated Funds (A)
RESOLUTION NO. 025-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (B)
RESOLUTION NO. 026-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (C)
RESOLUTION NO. 027-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (D)
RESOLUTION NO. 028-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (E)
RESOLUTION NO. 029-2007
Said Resolution is incorporated herein by reference.
Execution of Engagement Agreement between Monroe County and the law firm
Kaplan, Kirsch, and Rockwell for outside legal services for the Morganti Group, Inc.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent appointing William Anderson as an "At Large" appointment to the Tourist
Development Council District V Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Community Services - Deb Barsell, Community Services Division Director
referred the Board to her written report submitted to the County Administrator.
11
Employee Services - Teresa Aguiar, Employee Services Division Director
discussed employee turnover rates, and that the Employee Assistance Program requests
for proposals are currently being advertised.
Public Works - Dent Pierce, Public Works Division Director discussed
completion of the new tiki huts at Veteran's Park.
Emergency Services - Jim Callahan, Acting Fire Chief discussed the newly
implemented fire well testing process and status of a workshop concerning fire service.
Airports - Peter Horton, Airports Director discussed the following matters: Delta
Airlines is scheduled to begin service at the Florida Keys Marathon Airport on February
15, 2007; Press Conference called by Congresswoman Ileana Ros-Lehtinen and
Congressman John Mika is scheduled for February 12, 2007 at the Florida Keys Marathon
Airport at 10:00 A.M; Transportation Security Administration (TSA) update concerning a
screening partnership program for the Marathon and Key West Airports; and Yellow Air
Taxi's request to begin service at the Key West International Airport on February 2,2007
- for direct flights to Naples.
COMMISSIONERS' ITEMS / COUNTY ATTORNEY
N6/Q8 Commissioner Neugent discussed his item of a presentation by Jim Rhyne -
Pigeon Key Annual Report. The Board also reviewed and discussed the lease with
Pigeon Key Foundation, Inc., and Board direction to Staff. Suzanne Hutton, County
Attorney; Jim Callahan, Acting Fire Chief; and Marjorie Mearns, Executive Director of
the Pigeon Key Foundation addressed the Board. After Board discussion, Commissioner
Spehar requested that the County Attorney's Office create amendments needed to the
lease; that Chief Callahan meets with Ms. Mearns, Mr. Rhyne and the Foundation to
address the issues discussed today in order for corrections to be made as quickly as
possible; and also that Ms. Mearns, via the Foundation, provide this Board with
corrective updates.
AIRPORT
Fl Peter Horton, Director of Airports addressed the Board concerning the sole
respondent to the Request for Qualifications to serve as General Airport Consulting
Engineer to the Board of County Commissioners of Monroe County, Florida. Carlos
Garcia, P.E. and Mil Reisert, P.E. representing URS Consulting addressed the Board.
Commissioner Neugent excused himself from the meeting. Tom Willi, County
Administrator addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Spehar approving a one year
contract between Monroe County and URS Consultants to serve as General Airport
Consulting. Roll call vote was unanimous, with Commissioner Neugent not present.
Commissioner Neugent retuned to the meeting and took his seat.
12
STAFF REPORTS
E7 Engineering - Dave Koppel, County Engineer discussed the following projects:
Freeman Justice Center project in Key West - there are problems with the brick & stone
contractor because they have been unable to obtain a performance bond; Key West
International Airport - discussed amendments with Morganti contract approved earlier
today; Big Coppitt Park - will be completed in about one month; Big Pine Park - bids are
scheduled to be opened this afternoon at 3 :00 P.M.
E I 0 Technical Services - Mickey Baker, Division Director updated the Board on the
following matters: Video Retrieval by agenda item; Network Convergence - initial
proposal from BellSouth has been received; Seventy (70) desktop stations have been
ordered from Dell. Mr. Baker and Mr. Zappulla discussed budget costs associated with
computer related items.
WASTEWATER ISSUES
K2 Elizabeth Wood, Sf. Administrator-Sewer Projects, and Suzanne Hutton, County
Attorney addressed the Board. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner Murphy to adopt the following Resolution, as
revised, supporting the utilization of the procedures and criteria to evaluate and rank
projects developed by the Florida Keys Water Resources Initiative Team and urging
support of the Legislature to support and fund these import projects designed to improve
Florida waters and land; and providing an effective date. Said revision as follows:
Section 3. The Clerk is directed to send copies of this resolution to: Florida
Senator Larcenia 1. Bullard; Florida Representatives Ron Saunders, Stan Mayfield,
Baxter G. Troutman, and Trudi K. Williams.
Motion carried unanimously.
RESOLUTION NO. 029a-2007
Said Resolution is incorporated herein by reference.
STAFF REPORTS
E8 Budget & Finance - Sa! Zappulla, Division Director discussed the following
matters: Agenda item C22 concerning a Budget Amendment for General Fund 001,
Uninc. Svc. Dist. Parks & Recreation Fund 147, and Planning, Building, and Zoning
Fund 148; and the millage sheets presented to the Board at the budget meetings of July
24,2006, September 13, 2006, and September 20,2006. Tom Willi, County
Administrator discussed cost reduction measures.
13
COMMISSIONERS' ITEMS
N5 Commissioner Neugent discussed his item concerning a request for a public
workshop to gather input from the State Emergency Management, South Florida
Regional Planning Council, the National Weather Service, Local Emergency
Management and Municipalities regarding hurricane evacuation. The following
individuals addressed the Board: Matt Strahan, representing the National Weather
Service; Alicia Putney, Mick Putney, Diane Beruldsen, Dennis Henize, representing Last
Stand; Kathy Wheeler, representing the Big Pine Key Civic Association; and William
Wagner, III. Mr. Willi read into the record a letter by DCA staff - supplemental
information supplied to the Governor and Cabinet after the appearance by the BOCC and
him for review of the County's Year 9 Work Program Administration Commission. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Spehar to petition the State of Florida to do an in-depth specific study on what it would
take to make some structures in the Lower Keys safe for shelters of last resort. Roll call
vote was unanimous.
N5 Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy approving the above item of a request for a workshop to gather input from State
Emergency Management, South Florida Regional Planning Council, the National
Weather Service, Local Emergency Management and Municipalities regarding hurricane
evacuation. Commissioner Spehar read into the record a Statewide Regional Evacuation
Study Announcement from Patrick Odom, of the Florida Division of Emergency
Management - Hurricane Program concerning House Bill 7121. After consideration,
Commissioner Neugent withdrew his motion. Motion was then made by Commissioner
McCoy and seconded by Commissioner Neugent endorsing the information read by
Commissioner Spehar, ifit is going to proceed in an expeditious manner. Roll call vote
was unanimous.
COUNTY ATTORNEY
Q7 The Board discussed a request from John and Ruth Discher to release the
affordable housing deed restriction on their property located at Lot 32, Block 10, Cudjoe
Shores, Section 2. The following individuals addressed the Board: Attorney Lee Rohe,
representing John and Ruth Discher; Ed Swift and John Discher. Suzanne Hutton,
County Attorney also addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Spehar to deny the item. Roll
call vote was unanimous.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy directing Staff to look at creating a provision in Affordable Housing Deed
Restrictions of an exit strategy and incorporating said penalties. Motion carried
unanimously.
14
COMMISSIONERS' ITEMS
N1 Mayor DiGennaro introduced Rodney Barreto, Chairman of the Florida Fish &
Wildlife Commission who reported to the Board current issues of concern to Monroe
County. No official action was taken.
Mayor DiGennaro excused himselffrom the meeting.
ENGINEERING
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval and authorizing execution of Second Amendment, as revised
between Monroe County and The Morganti Group, Inc., Construction Manager, for work
at the Key West International Airport and Florida Keys Marathon Airport. Motion
carried unanimously, with Mayor DiGennaro not present.
COMMISSIONERS' ITEMS / DIVISION OF GROWTH MANAGEMENT
The Board addressed the following two (2) matters:
Commissioner Murphy discussed her item with the Board concerning the
discussion of a last-minute add-on ofthe 12/20/06 BOCC meeting.
Discussion and direction to Staff, based on a request from the Planning
Commission to begin investigation and conduct public workshops to analyze possible
amendments to the Big Pine/No Name Key Community Master Plan. Staff further
requests direction on which items need to be included as part of the discussion based on
input the BOCC may have received from residents of Big Pine Key/No Name Key.
Mayor DiGennaro returned to the meeting and took his seat. The following individuals
addressed the Board: Alicia Putney, representing the Key Deer Protection Alliance;
Mick Putney, Kathy Wheeler, representing the Big Pine Key Civic Association; Diane
Beruldsen, Dennis Henize, and Joyce Newman. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy to table the item to the
BOCC meeting of March 21,2007 in Marathon. Andrew Trivette, Acting Growth
Management Director addressed the Board. Motion carried unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to table to the BOCC meeting of February 21,2007 in Key Largo, the power
point presentation of the November 2006 report "Retaining Tourism Workers" by Jessica
Bennett, Research Director, Tourist Development Council. Motion carried unanimously.
15
PUBLIC HEARINGS
A Public Hearing was held concerning the consideration of an extension of the
moratorium on new transient residential units to December 31, 2008 - to consider
amending Section 9.5-120.5, extending the moratorium on new transient units, such as
hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces;
Providing for severability; Providing for repeal of inconsistent provisions; Providing for
an effective date; and Providing for transmittal for codification. Suzanne Hutton, County
Attorney read the following revision into the record:
Section 1. Chapter 9.5 Article VII, Division 2, Momoe County Code, is hereby amended
as follows:
Sec. 9.5-120.5 Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces shall not be eligible for residential ROGO
allocations until Decemeer 31, 200e December 3 L 2008 or until new Land Development
Regulations are adopted to permit new transient units.
The Board accepted public input with the following individuals addressing the
Board: Kay Thacker, representing the Island of Key Largo Federation of Homeowner
Associations, Inc.; Sydney Hilton, representing Seahorse; Alicia Putney, Diane
Beruldsen, Mick Putney, and Fred Nickerson. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Murphy for the moratorium on
new transient residential units to expire on December 31, 2008. Ms. Hutton addressed
the Board a second time. After consideration, the motion was revised by the maker with
the second accepting that the moratorium expire on December 31, 2007.
ORDINANCE NO. 001-2007
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
A Public Hearing was held concerning adoption of an Ordinance amending
Section 9.5-120.6, extending the moratorium on transfer of recreational vehicle spaces to
hotel and motel units off-site; Providing for severability; Providing for repeal of
inconsistent provisions; Providing for an effective date; and Providing for transmittal for
codification. The Board accepted public input with the following individuals addressing
the Board: Alicia Putney, Mick Putney, Diane Beruldsen, Stephen Morgan, representing
Seahorse Tenants Association of Florida; Kay Thacker, Sydney Hilton, Richard
Lancaster, representing the Island of Key Largo Federation of Homeowner Associations;
Fred Nickerson, Robert Cintron, Bill Loewy, Donald Craig, Tim Koenig, Dennis Henize,
representing Last Stand; Carol Hamon, Kathy Wheeler, representing the Big Pine Key
Civic Association; and Owen Trepanier. Suzanne Hutton, County Attorney addressed the
Board. After discussion, motion was made by Commissioner Murphy and seconded by
~ RQ..'Ii<:.\on
16
Commissioner Neugent to extend the moratorium to December 31, 2007 with the
elimination of the following from the Findings of Fact:
Paragraph 2. A significant number of unlawful conversions ofRV spaces into
permanent residency have occurred overtime, which has provided affordable housing for
many low and moderate income persons in Monroe County.
And
Paragraph 4. The transfer and conversion ofRV spaces currently used for
affordable housing into hotel or motel rooms exacerbates the existing affordable housing
crisis by decreasing the availability of affordable housing and increasing the demand for
such housing required for staff to serve these new transient units.
Attorney Jerry Coleman, P.L., representing Monroe County - Workforce Housing
and Andrew Trivette, Acting Growth Management Director addressed the Board. After
further discussion, the maker of the motion withdrew with the second accepting to table
this the item~ to the HOCC meetiag ofFelJruary 21,2007 in Key Lar~o. Motion carried *"
unanimously.
A Public Hearing was held concerning the consideration of a Development
Agreement for Oceanside Marina (AKA Kings Pointe Marina) located at 5950 & 5970
Peninsular Avenue, Stock Island and Lazy Lakes Campground, located at 311 Johnson
Road Ocean, SugarloafKey. The Board accepted public input with the following
individuals addressing the Board: Diane Beruldsen, and Tim Koenig, representing Kings
Pointe Marina. After Board discussion, Mr. Koenig withdrew his request for the item.
COMMISSIONERS' ITEMS
Mayor DiGennaro discussed his item for Board Recommendations for issues of
concern to highlight with DCA Secretary Tom Pelham. Commissioner Spehar requested
Mayor DiGennaro ask for the seventy-one (71) affordable housing permits approved for
this year and inform Mr. Pelham that the County is working with the municipalities.
Commissioner Spehar also requested that the County be able to have the permits
available on a ready to proceed basis and that there will be no stock piling of any permits
in any municipality or in the county. Mayor DiGennaro requested for the County
Administrator and Jerry Coleman to accompany him when he meets with the DCA
Secretary. Suzanne Hutton, County Attorney requested that Mayor DiGennaro ask
DCA's commitment be reconfirmed to partner with the County in the Takings Cases.
Commissioner Murphy discussed her item with the Board concerning a
presentation regarding the Marine & Port Advisory Committee's ranking of waterfront
properties. George Garrett, Marine Resources Director and Ben Ianotta, Chairman of the
Marine & Port Advisory Committee presented the ranking of waterfront properties. The
following individuals addressed the Board: Scott Zimmerman, representing the Florida
Keys Commercial Fishermen's Association; Pam Martin, Eric Dickstein, representing
17
Fish Busters; and Billy Niles. Tom Willi, County Administrator also addressed the
Board. This item was referred to Staff. No official action was taken.
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of Mayor DiGennaro's item to add the Florida Keys Council
for People with Disabilities for 2007 to the list of annual BOCC appointments to Boards
and Committees. Motion carried unanimously.
COUNTY ADMINISTRATOR
The Board discussed the approval of a Resolution clarifying the Capital Budget
process and the intent of Monroe County Board of County Commissioners. The
following individuals addressed the Board: Fred Nickerson, Diane Beruldsen, and Ron
Miller. Suzanne Hutton, County Attorney and Tom Willi, County Administrator also
addressed the Board. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy to withdraw the Resolution. Roll call vote was
unammous.
The Board discussed the acceptance of an award from the South Florida
Workforce for an Employed Worker Training Program. Kay Thacker addressed the
Board. Mr. Willi, Debbie Frederick, Deputy County Administrator; and Danny Kolhage,
County Clerk addressed the Board. After discussion, motion was made by Commissioner
Spehar and seconded by Commissioner McCoy granting approval of the item. Roll call
vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting and authorizing execution of Agreement between Monroe County and
Corporate Consulting & Coaching, Inc., approving the waiving of Monroe County
Purchasing Policies & Procedures to provide training services to Monroe County and
City of Key West employees. Ms. Frederick addressed the Board. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner McCoy
granting approval of the item. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
18
Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval and authorizing execution of a formal Contract between
Monroe County and the firm of Nabors, Giblin & Nickerson, P.A to handle issues related
to Utilities, Storm Water and Waste Water. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval and authorizing execution of an Amendment to Agreement
between Monroe County and the firm of Nabors, Giblin & Nickerson, P.A to research
and advise the County on the feasibility of imposition ofa mitigation fee related to Work
Force Housing dated March 15, 2006 updating the fee structure to increase the hourly fee
paid to the firm. Motion carried unanimously.
Suzanne Hutton, County Attorney addressed the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to table the item to the
BOCC meeting of February 21, 2007 in Key Largo approval of settlement agreements
with the Eager Family Trust and Calusa Campground Condominium Association and
authorization for Growth Management Director to execute same on behalf of the County.
Motion carried unanimously.
Suzanne Hutton, County Attorney addressed the Board and requested approval to
schedule a Closed Executive Session of the Board of County Commissioners in the
matter of Nellie Lightner v. Monroe County, CA P 06-562, at a future date, time and
location to be determined by the BOCC. Motion was made Commissioner Neugent and
seconded by Commissioner Murphy to hold a Closed Executive Session of the BOCC on
Wednesday, February 21,2007 at the Key Largo Library at 8:30 AM. Motion carried
unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
~olJO. fJ?;1am.t;;J
Isabel C. DeSantis, Deputy Clerk