02/21/2007 Regular
24
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 21, 2007
Key Largo, Florida
A Closed Session of the Monroe County Board of County Commissioners
convened at 8:30 A.M., with the Regular Meeting beginning at 9:00 A.M. at the Key
Largo Library. 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.
CLOSED SESSION
Suzanne Hutton, County Attorney announced that pursuant to Florida Statute,
286.011(8) the following session was closed to the public:
A Closed Executive Session of the Board of County Commissioners in the matter
of Nellie Lightner v. Monroe County, CA P 06-562.
ADDITIONS, CORRECTIONS, DELETIONS
Presentation of a Mayor's proclamation proclaiming March, 2007 as Seagrass
Awareness Month.
Presentation of a Mayor's proclamation was made recognizing the week of
February 25, 2007 as Pace Center for Girls Week.
BULK APPROVALS
Board granted approval to pay Royal Plus Disaster Kleenup in the amount of
$536,454.79 for services that were rendered at the Marathon Airport after Hurricane
Wilma.
Board granted approval and authorized execution of Purchase Service Order No.
06/07-21 between Monroe County and URS to prepare plans and specifications to trim
growth in the runway approach to meet FAA requirements also prepare advertising
documents, bid tabulation and award recommendation.
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Board granted approval and authorized execution of a Landscape Maintenance
Extension Agreement between Momoe County and Gardens of Eden, for landscape
maintenance at the Key West International Airport.
Board granted approval to pay Ten-8 Fire Equipment, Inc. an additional
$5,118.56, for repair to the water tank on the Airports Oshkosh T6 fire truck, which was
damaged by Hurricane Wilma.
Board granted approval to award bid and purchase two (2) tree/brush chippers
from Florida Coast Equipment in the total amount of $73,580.00.
Board granted approval to award bid and purchase two (2) new mid-size crew cab
dump trucks from Autoway Ford in the total amount of$85,140.00.
Board granted approval and authorized execution of a Contract Extension - Diesel
fuel and unleaded gasoline supplier for Momoe County, Florida between Momoe County
and Dion Oil Company, LLC. on a month to month basis.
Board granted approval to Rescind approval given at the August 16, 2006, agenda
item D-22, "to rescind an existing lease agreement with one month remaining with
Deputy Dawn Leird for one-half of the duplex located at the Marr Property, Key Largo
and approval to enter into a one-year revised residential lease agreement with a Deputy
recommended by the Monroe County Sheriff to resident in the vacated side of the duplex
located at the Key Largo Community Park." In addition, the Board approved to accept
early termination of lease and "forgive" Sgt. Leird the August 2006 rent in the amount of
$229.06 due on her lease which was expiring August 31, 2006 since she was not in the
residence for the last month of her lease.
Board granted approval to execute a Certificate of Title transferring ownership of
a 1998 mobile home donated to Monroe County by Habitat for Humanity from Habitat
for Humanity to Momoe County and, after receipt oftitle, to demolish and remove the
mobile home from our Rockland Key Public Works site.
Board granted approval and authorized execution of a Business Lease between
Momoe County and Independent Mortgage and Finance Company, Inc. for the 16th
Judicial Circuit's Mediation Program office space, Unit 201.
Board granted approval to advertise a request for qualifications (RFQ) for bridge
repair design services for Duck Key bridges.
Board granted approval and authorized execution of First Amendment to
Agreement between Monroe County and Coastal Marine Construction, Inc. for repairs to
five Card Sound Road Bridges to clarify date of commencement of contract.
Board granted approval to award bid and authorized execution ofa Standard Form
of Agreement between Monroe County and Pedro Falcon Electrical Contractors, Inc. for
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the construction of a new two story community center and park located on Sands Road in
Big Pine Key, Florida.
Board granted approval to award bid and authorized execution ofa Standard Form
of Agreement between Monroe County and Hendry Corporation for the Higg's Beach
Pier Emergency Dock Repair located in Key West, Florida.
Board granted approval to negotiate a contract with MBI/K.2M Architecture for
the Americans with Disabilities Act (ADA) Compliance Assessments for County
Facilities and Roads.
Board granted approval to award bid and authorized execution of a Contract for
Professional Services between Monroe County and Clemons, Rutherford & Associates,
Inc., (CRA) for the Planning, Design, and Construction Administration Services for the
renovations to, or the replacement of, the Judge Jefferson B. Browne Courtroom
Complex.
Board granted approval and authorized execution of an Amendment to Contract
for Architectural Services between Monroe County and Matthew Fowler, Architect and
Thomas Timmins P.E. for Architectural services for the renovation of the Tavernier Fire
Station.
Board granted approval of the rescission of the Contract between Monroe County
and Parsons Brinckerhoff Construction Services, Inc. for construction engineering and
inspection services for Card Sound Road Bridge repairs that was awarded on December
20,2006; and granted approval and authorized execution of a new Standard Form of
Agreement that clarifies hourly rates and contract period.
Board granted approval of the Receipt of monthly report on Change Orders
reviewed by the County Administrator's Office. There were eight (8) Change Orders
considered and approved by the County Administrator's Office for the period beginning
January 1,2007 and ending January 31,2007 totaling $302,012.36.
Board granted approval and authorized execution of a Contract between Monroe
County and Charley Toppino & Sons, Inc, for the completion of Public Aircraft Parking
Aprons project at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of a Third Amendment to Lease
Agreement between Monroe County and Tony D' Aiuto, d/b/a Antique Aircraft
Restorations, regarding funding responsibility to construct the east General Aviation
apron at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of a Seventh Amendment to
Marathon Fixed Base Operator (FBO) Agreement between Monroe County and Grantair
Service, Inc., regarding funding responsibility to rehabilitate the west General Aviation
apron at the Florida Keys Marathon Airport.
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Board granted approval for the Greater Marathon Chamber of Commerce to
occupy a 16'xI6' space at the Florida Keys Marathon Airport terminal to establish a
Welcome Center, on a month-to-month basis at no cost for one year, effective February
1,2007.
Board granted approval and authorized execution of the Courier Service
Agreement, Second Renewal, between Monroe County and Buccaneer Courier to cover
the period from March 16, 2007 through March 15, 2008.
Board granted approval of the Fiscal Year 2008 Budget Timetable. Said
document is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Guidance Clinic of the Middle Keys, Inc. replacing
Attachment C, which concerns subcontracted Baker/Marchman Act Transportation.
Board granted approval to convert the Temporary Part-Time Nutrition Site
Assistant position to a Permanent Part-Time Nutrition Site Assistant position at the Key
West Nutrition Site (Grant funded).
Board granted approval to advertise for bids for the operation of the Key Largo
Animal Control Shelter.
Board adopted the following Resolution allowing veterinarians to retain $5.00 or
10% of the litter license fee of$50.00 (as an incentive to participate in the litter licensing
process.
RESOLUTION NO. 030-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the Low Income Home
Energy Assistance Program Federally Funded Subgrant Agreement # 07EA-6J-II-54-01-
019 between Monroe County and the State of Florida, Department of Community Affairs,
for the provision of funds to pay electric bills for low income clients.
Board granted approval and authorized execution of a Residential Lease with Law
Enforcement Officer for Port Largo 4th Addition between Monroe County and Deputy
Patricia M. Garcia to reside in Unit "B" of the duplex located at the Key Largo
Community Park.
Board granted approval of a Grant Application from the Florida Department of
Emergency Management for the amount of$195,000 and approval to have the County
Administrator sign the application. This grant will ensure that six (6) of the County's I
and 2 shelters will have back-up power and will enhance the County's ability to support
disaster preparedness and response efforts.
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TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and MetroMedia Marketing, Inc. to revise the dates of the
production of Ladies Let's Go Fishing! Islamorada.
Board granted approval of revisions to the Monroe County Tourist Development
Council Cultural Umbrella Event Funding Application. Said revisions are incorporated
herein by reference.
Board adopted the following Resolution to provide additional advance
registration, booth-related expenses and travel-related expenses for trade shows for the
Fiscal Year 2008 to be paid from Tourist Development Council funds in Fiscal Year
2007.
RESOLUTION NO. 031-2007
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Request for Qualifications for European
Sales Agency Services for Monroe County Tourist Development Council.
DIVISION OF GROWTH MANAGEMENT
Board granted approval to reappoint Gary Centonze to one (1) additional three (3)
year term to the Contractors' Examining Board beginning February 2007.
Board granted approval to reappoint Jonathan Barth to one (1) additional three (3)
year term to the Contractors' Examining Board beginning February 2007.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures from the Law Enforcement
Trust Fund, in the amount of $20,000.00:
Grace Jones Community Center - $10,00000 to help the non-profit organization
build a needed child care facility to replace their damaged building from "Wilma".
Take Stock In Children - $10,000.00 to help the student-mentoring program
providing fully paid scholarships for low-income families, second request.
Board granted approval and authorized execution of an Agreement between
Monroe County and the Monroe County Sheriff's Office to apply for reimbursement of
funds from the USAI Grant I Homeland Security Office of Domestic Preparedness with
the City of Miami. The County's share of($156,360.00) has been used to purchase
communications equipment for the Sheriff's Office.
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MONROE COUNTY HOUSING AUTHORITY
Board ratified Resolution No. 629-2006 to include Exhibit A that was not
included with the backup (Homebuyer Assistance) when adopted at the BOCC meeting
of December 20,2006 - agenda item L4 approving an amendment to the Monroe County
Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005,
2005-2006, 2006-2007 deleting the shared appreciation provision for properties utilizing
the shared appreciation provision for properties utilizing affordable housing permits.
Board ratified Resolution No. 627-2006 to include Exhibit A that was not
included with the backup (Housing Rehabilitation) when adopted at the BOCC meeting
of December 20,2006 - agenda item L2 approving an amendment to the Monroe County
Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005,
2005-2006, 2006-2007 adding moderate income households to the housing rehabilitation
strategy.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Neugent's item concerning a request
from the Board of County Commissioners to express .support to the Florida Department
of Community Affairs for the Big Pine Neighborhood Charter School, Inc. to expand its
student outreach to include Pre-K through 8th grades.
COUNTY CLERK
Board officially approved the Board of County Commission Meeting minutes
from the Special Meeting of December 8, 2006 and Regular Meeting of December 20,
2006 (previously distributed).
Board granted approval of the following Warrants (513016-514052 & 101727-
101830): General Fnnd (001), in the amount of$3,515,126.86; Fine & Forfeitnre Fund
(101), in the amount of$3,388,047.32; Road and Bridge Fund (102), in the amount of
$121,250.11; TDC District Two Penny (115), in the amount of$108,957.17; TDC
Admin. & Promo 2 Cent (116), in the amount of$256,295.02; TDC District 1, 3 Cent
(117), in the amount of$394,142.51; TDC District 2, 3 Cent (118), in the amount of
$9,047.42; TDC District 3, 3 Cent (119), in the amount of $68,099.45; TDC District 4,
3 Cent (120), in the amount of$200,910.31; TDC District 5, 3 Cent (121), in the
amount of$32,065.21; Gov. Fund Type Grants (125), in the amount of$2,397,198.48;
Fire & Amb Dist 1 L&M Keys (141), in the amount of $202,978.74; Upper Keys
Health Care (144), in the amount of$560.09; Fire & Amb Dist 6 Key Largo (146), in
the amount of$154.39; Uninc Svc Dist Parks & Rec (147), in the amount of
$56,962.02; Plan, Build, Zoning (148), in the amount of $175,179.68; Municipal
Policing (149), in the amount of$525,085.23; 911 Enhancement Fee (150), in the
amount of $710,402.06; Duck Key Security (152), in the amount of $5,000.04; Boating
Improvement Fund (157), in the amount of$118,449.25; Misc. Special Revenue Fund
(158), in the amount of$672,424.64; Environmental Restoration (160), in the amount
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of $3,020.03; Law Enforcement Trust, (162), in the amount of $27,930.00; Bay Point
Wastewater MSTU (168), in the amount of$27.06; Big Coppitt Wastewater MSTU
(169), in the amount of$135.87; Key Largo Wastewater MSTU (170), in the amount of
$54,904.71; Stock Island Wastewater, (171), in the amount of$I,875.00; Conch Key
MSTU, (174), in the amount of$10.49; 1 Cent Infra Surtax (304), in the amount of
$150,082.06; 2003 Revenue Bonds (307), in the amount of$738,695.98; Card Sound
Bridge (401), in the amount of $2,724. 10; Marathon Airport (403), in the amount of
$33,920.19; Key West IntI. Airport (404), in the amount of$330,021.66; KW AlP
Series 2006 Bonds (405), in the amount of$66,508.20; MSD Solid Waste (414), in the
amount of$I,780,193.12; Worker's Compensation (501), in the amount of
$114,063.43; Group Insurance Fund (502), in the amount of $297,784.59; Risk
Management Fund (503), in the amount of$52,637.03; Fleet Management Fund
(504), in the amount of$127,957.83; Fire&EMS LOSAP Trust Fund (610), in the
amount of$51O.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month ofJanuary, 2007: Advertising, in the amount of $48,779.71;
Visitor Information Services, in the amount of$68,913.00; Events, in the amount of
$15,395.68; Office Supplies & Operating Costs, in the amount of $32,597.23; Personal
Services, in the amount of$107,311.48; Public Relations, in the amount of $72,260.35;
Sales & Marketing, in the amount of$75,721.44; Telephone & Utilities, in the amount of
$21,15383.
Board granted approval to remove surplus equipment from inventory via disposal
and salvage. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of revised Administrative Procedures for the Board of
County Commissioners. Said document is incorporated herein by reference.
Board granted approval of the appointment of Commissioner Spehar to the Key
West Airport Ad hoc Committee for 2007.
Board granted approval to correct scrivener's errors and include the omitted
Exhibit of the Fixed Asset Listing for Fiscal Year 2006, which was to be attached and
made part of the Interlocal Agreement between Monroe County and the Monroe County
Sheriff's Office for Consolidation and Management of Emergency Communications
which was approved by the Board on 12/20/06 (Agenda Item 0-6)
Board granted approval and authorized execution of a Memorandum of
Agr~ement between Monroe County and the City of Key West for employee training
services.
COUNTY ATTORNEY
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Board accepted the written February 2007 Litigation Report dated February 14,
2007 from Suzanne Hutton, County Attorney.
Board granted approval and authorized execution of an Agreement for Expert
Witness Services between Monroe County and K. Marlene Conaway to provide expert
witness testimony in the matter of Florida Keys Citizens Coalition, et al. v. Department
of Community Affairs and Monroe County, DOAH 06-2449.
Board granted approval and authorized execution of a Legal Services Agreement
between Monroe County and Aronovitz Trial Lawyers and Freed & Weiss, LLC to file
suit against Hotels.com and similar entities to recoup unpaid bed taxes.
Board granted approval and authorized execution of the Fourth and Fifth
Amended Settlement Agreements in Richard M Osborne & Conch Contrada LC v.
Monroe County & Joe Paskalik, CA K 01-108 granting another one-year deferral of the
proposed development through the end ofROGO Year 16 (July 14, 2007 to July 13,
2008).
Board granted approval and authorized execution of a Standard Legal Services
Agreement CAY LIT 2006-02-02 between Monroe County and Paul, Hasting, Janofsky
& Walker, LLP to represent Monroe County in matter of Emmert v. Monroe County, CA
P 02-520 retroactive to 2/1/06 and approval of payment in the amount of$51,069.1O for
work performed to date.
Board granted approval of payment of invoices from Paul, Hasting, Janofsky &
Walker totaling $121,250.14 for work performed on Collins v. Monroe County, CA M 04-
379.
Board ratified the Administrative Law Judge Services Contract between Monroe
County and the Division of Administrative Hearings (DOAH) to provide a hearing officer
to serve as the Code Enforcement Special Magistrate.
Board terminated the Professional Services Contract for Code Enforcement
Hearings between Monroe County and Thomas Wright, P.A., because the County has
contracted with the Division of Administrative Hearings (DOAH) to hear code
enforcement hearings.
Board granted approval and authorized execution of a Settlement Agreement
between Monroe County and Lloyd A. Good, Jr., Piece of Paradise LLC to resolve a
potential lawsuit by Mr. Good regarding transferability of development rights.
Board granted approval to advertise and hold one (1) Public Hearing to consider
an Ordinance amending Section 11-7, Monroe County Code, regulating wrecker
operators in the Unincorporated County who provide motor vehicle towing and storage
services at the request of law enforcement officers; Revising rates; Providing for the
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repeal of all ordinances inconsistent herewith; Providing for incorporation into the
Momoe County Code of Ordinances; and providing an effective date.
Board granted approval to advertise a Request for Qualifications for a company to
provide probation services for the County Court system in Misdemeanor cases; and to
allow Providence Community Corrections, Inc. to continue to provide such services on a
month-to-month basis during the selection process.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Key West Providing for the Mutual Use of
Building and/or Specialty Inspectors Employed by the Respective Local Governments.
Board granted approval and authorized execution of an Amendment to Impact Fee
Interlocal Agreement between Monroe County and the City of Key Colony Beach (City),
providing for reduced payment of impact fees for fire and deletion of payment of impact
fees for roads, contingent upon acceptance by City of a quitclaim deed of Sadowski
Causeway, and authorization for the Mayor to execute a quitclaim deed in substantially
the form of the attached agenda item upon a legal description being approved by the
County Engineer and the County Attorney.
Motion carried unanimously.
MISCELLANEOUS BULK APROV ALS
Dave Koppel, County Engineer and Tom Willi, County Administrator addressed
the Board. After discussion, motion was made by Commissioner Spehar and seconded
by Commissioner Neugent granting approval and authorizing execution of a Monroe
County Art in Public Places Award Agreement between Monroe County and Thomas
Brian Virgin for the creation and installation of artwork at The North Key Largo Fire
Station #25,220 Reef Drive, Key Largo. Motion carried unanimously.
The Board discussed a Resolution to enter into a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) to provide $750,000 to
fund a temporary ferry services between the City of Marathon to Pigeon Key during the
rehabilitation of the State Road 5/01d Seven Mile Bridge. The following individuals
addressed the Board: Linda Kruszka and Mary O'Connell, representing Paradise Divers.
Suzanne Hutton, County Attorney; Dave Koppel, County Engineer; and Tom Willi,
County Administrator discussed the item with the Board. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the
following Resolution and authorized execution of the JP A. Motion carried unanimously.
RESOLUTION NO. 032-2007
Said Resolution is incorporated herein by reference.
The Board discussed a Resolution authorizing the waiver of building permit and
application fees for the Islander Village, LLC and Park Village, LLC Affordable Housing
~t.'f i s i 0"1'\
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Developments, pursuant to Monroe County Code, Sec. 6-27(d)(2) and Sec. 6-27(e). The following
individuals addressed the Board: Kay Thacker, Jim Saunders, and Diane Beruldsen. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Murphy to deny the
item. Tom Willi, County Administrator; Suzanne Hutton, County Attorney; and Reggie Paros,
Housing and Community Development Director discussed the item with the Board. After
consideration, the maker of the motion withdrew with the second accepting. Motion was then made by
Commissioner Neugent and seconded by Commissioner McCoy to table the item and remand to the
Affordable Housing Task Force. Motion carried unanimously.
COMMISSIONERS' ITEMS
Hal Heim made a presentation concerning the use of colored dividers on the 18 mile stretch
reconstruction project. The Florida Department of Transportation will consider use ofa color additive
if there is community interest from the citizens of Monroe County. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner McCoy to send a Resolution of
support to the Florida Department of Transportation (FDOT). Motion carried unanimously.
RESOLUTION NO. 032a-2007
Said Resolution is incorporated herein by reference.
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner Sylvia Murphy, Mayor
Mario DiGennaro, and Councilman Clark Snow (alternate). Absent were Mayor Norman Anderson
and Vice Mayor William Dilley.
Motion was Commissioner Murphy and seconded by Mayor DiGennaro appointing
Commissioner Neugent as Chairman to the Board of Governor's for today's meeting. Motion carried
unanimously, with Mayor Anderson and Vice Mayor Dilley absent.
James Callahan, Acting Fire Chief addressed the Board. After discussion, motion was made by
Mayor DiGennaro and seconded by Commissioner Murphy granting approval to award bid and
authorized execution of an Agreement between Board of Governors Fire and Ambulance District I of
Monroe County and Roy Khanna for Maintenance of Monroe County Fire Rescue Type 1
Ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance
resulting from malfunction or failure. Motion carried unanimously, with Mayor Anderson and Vice
Mayor Dilley absent.
Commissioner Murphy requested an update on the status of the Length of Service Awards
Program (LOSAP). Tom Willi, County Administrator and Sal Zappulla, Budget & Finance Director
addressed the Board.
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The Board of County Commissioners reconvened with Commissioner McCoy not
present.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney updated the Board concerning the lease status
with the Pigeon Key Foundation, Inc. MaIjorie Mearns, Executive Director of the Pigeon
Key Foundation addressed the Board. No official action was taken.
Commissioner McCoy returned to the meeting and took his seat.
MONROE COUNTY SHERIFF'S DEPARTMENT
Suzanne Hutton, County Attorney addressed the Board concerning the Agreement
approved earlier today, between Monroe County and the Monroe County Sheriff's Office
to apply for reimbursement of funds from the USA! Grant / Homeland Security Office of
Domestic Preparedness with the City of Miami. The County's share of($156,360.00) has
been used to purchase communications equipment for the Sheriff's Office. Ms. Hutton
informed the Board that Attachment 5 referred to in the agreement was not included and
has since been e-mailed to the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Murphy to reconsider the item. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Murphy
approving the item including said attachment. Motion carried unanimously.
COMMISSIONERS' ITEMS
The following individuals addressed the Board concerning a request that the
BOCC commemorate the spirit, actions and services of Rosemary Lipps Olds for her
decades of stewardship of"Rosemary's Corner" in Tavernier by officially naming this
triangle "Rosemary's Corner": Diane Beruldsen, Richard Barreto, representing Tavernier
Community Association; and Rosemary Lipps and Jerry Wilkinson. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Murphy
approving the request. Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
The following individuals addressed the Board concerning various Resolutions
for the Transfer of Funds and Receipt of Unanticipated Revenue: Pauline Klein, and
Diane Beruldsen. Sa! Zappulla, Budget & Finance Director addressed the Board. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Spehar to adopt the following Resolutions:
Transfer of Funds (OMB Schedule Item No. I).
RESOLUTION NO. 033-2007
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 034-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 035-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 036-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 037-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 546-2006 (OMB Schedule Item No.6).
RESOLUTION NO. 038-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 039-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 040-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Fund (OMB Schedule Item No.9).
RESOLUTION NO. 041-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 547-2006 (OMB Schedule Item No. 10).
RESOLUTION NO. 042-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. II).
RESOLUTION NO. 043-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 044-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 045-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 046-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 047-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 048-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 423-2006 (OMB Schedule Item No. 17).
RESOLUTION NO. 049-2007
Said Resolution is incorporated herein by reference. .
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 050-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 424-2006 (OMB Schedule Item No. 19).
RESOLUTION NO. 051-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 426-2006 (OMB Schedule Item No. 20).
RESOLUTION NO. 052-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 427-2006 (OMB Schedule Item No. 21).
RESOLUTION NO. 053-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 428-2006 (OMB Schedule Item No. 22).
RESOLUTION NO. 054-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 429-2006 (OMB Schedule Item No. 23).
RESOLUTION NO. 055-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 430-2006 (OMB Schedule Item No. 24).
RESOLUTION NO. 056-2007
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Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 431-200 (OMB Schedule Item No. 25).
RESOLUTION NO. 057-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 432-2006 (OMB Schedule Item No. 26).
RESOLUTION NO. 058-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 433-2006 (OMB Schedule Item No. 27).
RESOLUTION NO. 059-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 434-2006 (OMB Schedule Item No. 28).
RESOLUTION NO. 060-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 435-2006 (OMB Schedule Item No. 29).
RESOLUTION NO. 061-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 062-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 437-2006 (OMB Schedule Item No. 31).
RESOLUTION NO. 063-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 438-2006 (OMB Schedule Item No. 32).
RESOLUTION NO. 064-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 439-2006 (OMB Schedule Item No. 33).
RESOLUTION NO. 065-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 440-2006 (OMB Schedule Item No. 34).
RESOLUTION NO. 066-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 442-2006 (OMB Schedule Item No. 35).
RESOLUTION NO. 067-2007
Said Resolution is incorporated herein by reference
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Rescinding Resolution No. 443-2006 (OMB Schedule Item No. 36).
RESOLUTION NO. 068-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 444-2006 (OMB Schedule Item No. 37).
RESOLUTION NO. 069-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 445-2006 (OMB Schedule Item No. 38).
RESOLUTION NO. 070 2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 446-2006 (OMB Schedule Item No. 39).
RESOLUTION NO. 071-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 447-2006 (OMB Schedule Item No. 40).
RESOLUTION NO. 072-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 448-2006 (OMB Schedule Item No. 41).
RESOLUTION NO. 073-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 456-2006 (OMB Schedule Item No. 42).
RESOLUTION NO. 074-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 449-2006 (OMB Schedule Item No. 43).
RESOLUTION NO. 075-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 452-2006 (OMB Schedule Item No. 44).
RESOLUTION NO. 076-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 453-2006 (OMB Schedule Item No. 45).
RESOLUTION NO. 077-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 454-2006 (OMB Schedule Item No. 46).
RESOLUTION NO. 078-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 459-2006 (OMB Schedule Item No. 47).
RESOLUTION NO. 079-2007
38
39
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 461-2006 (OMB Schedule Item No. 48).
RESOLUTION NO. 080-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 463-2006 (OMB Schedule Item No. 49).
RESOLUTION NO. 081-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 464-2006 (OMB Schedule Item No. 50).
RESOLUTION NO. 082-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 465-2006 (OMB Schedule Item No. 51).
RESOLUTION NO. 083-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 467-2006 (OMB Schedule Item No. 52).
RESOLUTION NO. 084-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 468-2006 (OMB Schedule Item No. 53).
RESOLUTION NO. 085-2007
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 469-2006 (OMB Schedule Item No. 54).
RESOLUTION NO. 086-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 471-2006 (OMB Schedule Item No. 55).
RESOLUTION NO. 087-2007
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator addressed the Board and introduced Clark
Turner with the Florida Department of Community Affairs who presented the Board with
the County's evaluation and appraisal report. The Board was provided with a copy of the
document entitled Department of Community Affairs Objections, Recommendations and
Comments Report for Monroe County, Amendment 07-01ER, dated February 19, 2007..
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MISCELLANEOUS BULK APPROVALS
Deb Barsell, Community Services Director addressed the Board. Motion was
made by Commissioner Murphy and seconded by Commissioner Spehar granting
approval and authorizing execution of an Amendment to Agreement between Monroe
County and Humane Animal Care Coalition, Inc., extending their current Agreement for
up to three (3) additional months. Motion carried unanimously.
STAFF REPORTS
Community Services - Deb Barsell, Community Services Director reported to the
Board a 60% increase in pauper burials; the Low Income Home Energy Assistance
Program (LIHEAP) approved earlier today had a decrease from last year and indicated
the possibility to mitigate with the Elderly Home Energy Assistance Program (EHEAP).
Emolovee Services - Teresa Aguiar, Employee Services Director discussed the
Public Records workshop recently held in the Middle Keys.
Public Works - Dent Pierce, Public Works Director discussed a Certificate of
Appreciation thanking the Board for work authorized at the Children's Memorial Tree
Garden.
Emergency Services - James Callahan, Acting Fire Chief informed the Board that
Clark Martin, Fire Chief will officially retire the first week of March, 2007; work is
continuing on the updating of fire wells throughout the County and that a fire study will
be forthcoming to the Board.
Motion was made by Commissioner McCoy and seconded by Commissioner
Spehar that an appreciation plaque be presented to the Fire Chief, Clark Martin. Motion
carried unanimously.
Commissioner Neugent requested an update on Trauma Star and its' revenue
stream. Tom Willi, County Administrator addressed the Board.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Murphy's item concerning the approval of
Human Services Advisory Board (HSAB) funding for 2007-2008. Dr. Wendy Coles,
representing the Southernmost Homeless Assistance League; Pam Martin, representing
Help Line; Alexsa Leto, representing the Human Service Advisory Board; Todd Firm,
representing the Human Service Advisory Board; Vicki Weeks, representing
Womankind; and Susan Kent, representing the Boys & Girls Clubs of the Keys Area, Inc.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Neugent that the county agrees to fund the HSAB at the 2006-2007 rate
which is $2,326,581.00. Sal Zappulla, Budget & Finance Director; Tom Willi, County
41
Administrator; and Danny Kolhage, Clerk of the Court s discussed the item with the
Board. Motion carried unanimously.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney and Dave Koppel, County Engineer discussed
with the Board ongoing problems with Pavers & Stone, Inc., the contractor hired by the
County, to provide the exterior finish for the Freeman Justice Center. The contractor has
been unable to provide a bond or alternative as required by contract and by Florida
Statute. The Board of County Commissioners should make a determination to terminate
the contract or not and, if the contract is terminated, what to do in the alternative.
Honorable Judge Wayne Miller addressed the Board. This matter was referred to the
County Engineer for handling.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Paul Kade on property described as Lot 23,
Block 2 of Key Largo Beach, Key Largo, Real Estate Number 00501780.000000, in the
form of one (1) dwelling unit allocation. There was no public input. Motion was made
by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 088-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Brian 1. and Michelle Nemeth on property
described as Lot 7, Block 13, Key Largo Beach Addition, Key Largo,
Real Estate Number 00503380.000000, in the form of one (I) dwelling unit allocation.
There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Neugent to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 089-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Dean Parkinson on property described as Lot
18, Block 1, Ocean Isles Estates, Key Largo, Real Estate Number 00538240.000000, in
the form of one (I) dwelling unit allocation. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 090-2007
Said Resolution is incorporated herein by reference.
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A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Relief made by Felix Perez on property described as Lot 5,
Block 10 of Twin Lakes, Key Largo, Real Estate Number 00549370.000000, in the form
of purchase of the property by the Monroe County Land Authority. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 091-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by David Rowland on property described as Lots
7 & 8, Block 8, of Bahia Mar Estates, Key Largo, Real Estate Numbers
00544690.000000 & 00544700.000000, in the form of purchase of the property by the
Monroe County Land Authority. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Murphy to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 092-2007
Said Resolution is incorporated herein by reference.
MONROE COUNTY HEALTH DEPARTMENT
Suzanne Hutton, County Attorney addressed the Board. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt
the following Resolution authorizing the Monroe County Health Department (MCHD) to
establish clinical fees for primary care services offered at the MCHD as set forth in
Exhibit A attached to and made a part of the Resolution. Motion carried unanimously.
RESOLUTION NO. 093-2007
Said Resolution is incorporated herein by reference.
STAFF REPORTS
AIRPORTS - Peter Horton, Airports Director discussed the recently held grand
opening for new air service at the Marathon Florida Keys Airport; a request by Delta
Airlines to bring a larger aircraft, seventy (70) passengers, to the airport; and that
informal Request for Proposals (RFP) were conducted, for the next ninety (90) days, for
food service at the Marathon Airport, the Cay Clubs were selected for the food service.
A permanent RFP has also been conducted. Mayor DiGennaro requested an update on
the waiver from the FAA for the extension of the runway at the airport, and requested an
update on the landscaping at the airport.
GROWTH MANAGEMENT - Drew Trivette, Acting Growth Management
Director discussed a redevelopment project on Stock Island that is subject to inclusionary
housing; and an Affordable Housing project on Big Pine Key (33-38 housing units).
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ENGINEERING - Dave Koppel, County Engineer disseminated a document to
the Board dated February 21,2007 entitled McCoy Terminal Complex, Key West
International Airport New Terminal Building and Renovation Project - Project Overview
and Funding Discussion from Newton & Association, Inc. Report of the Airport
Consultant. Mr. Koppel discussed the RFP's concerning a Ferry Service to Pigeon Key
and informed the Board that an email will be sent that will describe the status of the Big
Coppitt and Duck Key Treatment Plants.
BUDGET & FINANCE - Sal Zappulla, Division Director discussed the
Guaranteed Maximum Price (GMP) for the Key West International Airport and savings
the County would incur by directly purchasing raw materials for the airport and the
Freeman Justice Center projects; the FEMA reimbursement level has increased from 75%
to 90% concerning Hurricane Wilma; a wastewater meeting was held last week with
respect to legal and financial concerns; the Capital Improvement Plan will need to be
amended at next month's Board meeting to include items not currently budgeted; a
meeting was held with Growth Management to create, per Florida Statute, a new fund
concerning building related items; an update concerning this evenings Public Hearing for
budget amendments to General Fund 00 I, Unincorporated Service District Park &
Recreation Fund 147, and Planning, Building & Zoning, Fund 148; a General Fund
update was also given.
TECHNICAL SERVICES - Mickey Baker, Division Director updated the Board
on the following matters: Monroe County's Streaming Video on the County's website
had 519 users last month; the Video On Demand had 664 requests; work is occurring to
combine a system's network between the BOCC, the Sheriff s Office, and the Property
Appraiser's Office; 70-80 computer workstations have been installed in the County; and a
Geographic Information System (GIS) project is ongoing with the Growth Management
Division.
COMMISSIONERS' ITEMS
Mayor DiGennaro discussed his item concerning the issuance of an RFP for
vending machine providers in County buildings. Tom Willi, County Administrator
addressed the Board. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Spehar authorizing the County Administrator to issue an
RFQ. Motion carried unanimously.
Mayor DiGennaro excused himself from the meeting.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy ratifying the termination agreement with 1. Jefferson Overby. Motion carried
unanimously, with Mayor DiGennaro not present.
44
Suzanne Hutton, County Attorney addressed the Board. Motion was made by
Commissioner McCoy and seconded by Commissioner Neugent to re-open the Agenda
concerning Agenda item PII - Settlement Agreement between Monroe County and Lloyd
A Good, Jr., Piece of Paradise LLC to resolve a potential lawsuit by Mr. Good regarding
transferability of development rights. Motion carried unanimously, with Mayor
DiGennaro not present. Motion was made by Commissioner McCoy and seconded by
Commissioner Spehar granting approval of the matter, as revised. Said revision as
follows:
Page 4, Section 6 - Each of the ROGO allocation points referenced in Section ~:!:
above shall be given a specific designation and memorialized in a certificate authorized
by the Monroe County Commission and issued by the County that will allow for the
assignment to third parties of any or all of the ROGO allocation points by the Developer
and/or their respective successors and/or assigns.
Motion carried unanimously, with Mayor DiGennaro not present.
Suzanne Hutton, County Attorney addressed the Board. Motion was made by
Commissioner McCoy and seconded by Commissioner Neugent granting approval to
schedule and advertise an Attorney-Client Closed Session of the Board of County
Commissioners in the matter of EEOC v. Monroe County, Case No. 510-2006-04265 for
the regularly scheduled BOCC meeting to be held March 21,2007 at the Marathon
Government Center at 8:30 AM. Motion carried unanimously, with Mayor DiGennaro
not present.
Suzanne Hutton, County Attorney addressed the Board. Motion was made by
Commissioner Spehar and seconded by Commissioner McCoy granting approval to
schedule and advertise an Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Lloyd Good v. Monroe County, Case No. CA K 01-977
for the regularly scheduled BOCC meeting to be held March 21, 2007 at the Marathon
Government Center at 8:45 AM. Motion carried unanimously, with Mayor DiGennaro
not present.
Mayor DiGennaro returned to the meeting and took his seat.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance approving a
request by Northstar Resort Enterprises Corp. for a Land Use District Map Amendment
from Suburban Commercial (SC) to Mixed Use (MU) for a portion of the property legally
described as Island of Key largo, Pt. Lots 5-12-13, Section 6, Township 61S, Range 40E,
Monroe County, Florida, having Real Estate Number: 00083970.000000, in accordance
with Map 1 referred to. This parcel is split between three (3) Land Use Districts. The
Sub Urban Residential (SR) and Native Area (NA) portions of the parcels shall remain
unchanged. The Board accepted public input with the following individuals addressing
the Board: Kay Thacker, representing the Federation of Chambers; Diane Beruldsen,
45
Fred Nickerson, Ron Miller, representing the Upper Keys Citizen's Association; Joel
Reed, representing Northstar Resorts; and Jim Saunders. Acting Growth Management
Director, Drew Trivette; Suzanne Hutton, County Attorney; and Tom Willi, County
Administrator discussed the item with the Board. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Spehar to adopt the following
Ordinance. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Neugent Yes
Commissioner Murphy No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
ORDINANCE NO. 002-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider approval of a Resolution for a Budget
Amendment for the General Fund 001, Uninc. Svc Dist Parks & Recreation Fund 147,
and Planning, Building, and Zoning Fund 148. The Board accepted public input with the
following individual addressing the Board: Pauline Klein. Motion was made
Commissioner Neugent and seconded by Commissioner Spehar to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 094-2007
Said Resolution is incorporated herein by reference.
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
MonroeCounty, Florida
~M(]. ~~~
Isabel C. DeSantis, Deputy Clerk