08/15/2007 Regular
179
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
VVednesday,August 15,2007
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Key Largo Library. Present and answering to roll call were
Commissioner Charles "Souny" McCoy, Commissioner Sylvia Murphy, Commissioner
George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also
present at the meeting were Thomas VVilli, County Administrator; Darmy L. Kolhage,
Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio;
and the general public.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for IS years of service to Monroe County
to Mark Payakovich, Chief Mechanic, Fleet Management, Public VVorks Division.
Presentation of Years of Service Award for IS years of service to Monroe County
to James Bates, VVeighmaster, Solid VVaste Management, Public VVorks Division.
Presentation of Years of Service Award for 20 years of service to Monroe County
to Angela Michal, Veterans Service Counselor, Department of Veterans Affairs.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar granting approval of Additions, Corrections, and Deletions to the agenda. 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.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner
McCoy granting approval of the following items by unanimous consent:
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Board granted approval to evict Flying Boat, Inc. d/b/a Chalks' International
Airlines, Chalk's Ocean Airways, from their rental space at the Key West International
Airport.
Board granted approval of the revised Operating Budget for Republic Parking, for
the period of November I, 2006 - October 31, 2007, for parking lot management at the
Key West International Airport, revised July 23,2007.
Board granted approval and authorized execution of a Lease Renewal Agreement
between Monroe County and the Boys and Girls Club of the Keys Area, Inc. for the
facility at the Key West International Airport, in the amount of$56,400 to be paid to the
Airport from the 304 Fund. The original Lease Agreement is hereby renewed for a one-
year term beginning May 5, 2007 and expiring May 4, 2008.
Board granted approval to either piggyback on the competitive bid between the
Key West Police Department and Farber Specialty Vehicles of Columbus, Ohio and/or go
out for competitive bids for a new Airport On-Scene Response Command Vehicle and
other selected equipment for a total amount not to exceed $160,000.
Board granted approval to advertise a Request for Proposals for a Master
Concessionaire for the new Terminal at the Key West International Airport.
Board granted approval and authorized execution of an Interagency Agreement
between Monroe County and the State of Florida, Department of Juvenile Justice (DJJ)
regarding the confidentiality of information concerning juveniles sent to each county
quarterly as outlined in Rule 63G-I Detention Cost Sharing. The Agreement will also
assist the DJJ to establish an identical effective agreement date for all 67 counties.
Board granted approval to advertise a Budget Amendment for KW AlP Series
2006 Bonds, Fund 405.
Board granted approval to advertise a Public Hearing for an Ordinance amending
Section 13.5-5(d) in order to extend Big Coppitt Volunteer Fire Department Park Hours;
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 adopted the following Resolution authorizing the execution of a Grant
Agreement with the Florida Department of Environmental Protection for the acceptance
of Small County Solid Waste Grant Funds.
RESOLUTION NO. 268-2007
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Monroe County School Board for joint use of fuel
facilities and combined bulk fuel purchasing.
Board granted approval to terminate the month-to-month Contract between
Monroe County and G & K Services, Inc. effective August 27, 2007, and to award bid
and authorized execution of an Agreement for Uniform Services between Monroe County
and ARAMARK Uniform & Career Apparel, L.L.C. for the Division of Public Works
uniform services. The Agreement with ARAMARK has a total agreement amount of
which is not to exceed $25,000.
Board granted approval and authorized execution of (1) Renewal and Amendment
of Agreement between Monroe County and Synagro Southeast, Inc. for Operation and
Maintenance of the Wastewater Treatment Plant at Marathon Government Center in
order to renew for an additional one year period and clarify Item 4 in the original
Contract, Contract sum, and (2) Assignment and Assumption of Agreement of Contract
and Consent from Synagro Southeast, Inc. to Synagro South, LLC.
Board granted approval and authorized execution of a Lease Renewal and
Amendment 1 between Monroe County and the State of Florida, Department of Juvenile
Justice to occupy office space on the second floor ofthe Department of Juvenile Justice
Building. The lease renewal shall commence on November 1, 2007 and end on October
31,2012.
Board granted approval and authorized execution of a Lease Agreement Renewal
between Monroe County and the Florida Keys Outreach Coalition to occupy office space
on the second floor ofthe Department of Juvenile Justice Building. The lease renewal
shall commence on October 1, 2007 and expire on September 30, 2012.
Board granted approval and authorized execution of a Lease Agreement Renewal
between Monroe County and the Florida Keys Children's Shelter to occupy office space
on the second floor of the Department of Juvenile Justice Building. The lease renewal
shall commence on October 1,2007 and expire on September 30,2012.
Board granted approval and authorized execution of a one-year Residential Lease
Agreement between Monroe County and a law enforcement officer selected by the
Sheriff of Monroe County.
Board granted approval and authorized execution of a Business Lease Renewal
between Monroe County and Independent Mortgage and Finance Company, Inc. for
office space for the Technical Support staff ofthe 16th Judicial Circuit. The lease
renewal shall commence on October 1, 2007 and expire on September 30, 2008.
Board granted approval and authorized execution of a Second Amendment to
Contract Renewal between Monroe County and General Asphalt Co., Inc. to authorize
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payment of vendor invoices in the amount of$1,584.49 for asphalt received and used by
the County which exceeded the 1st year's contract payment cap.
Board granted approval of correction of Scrivener's error on Amendment to
Contract Renewal between Monroe County and General Asphalt Co., Inc., from the May
16,2007 meeting. The date referenced in Section 2 of the Amendment to Contract
Renewal should be April 18, 2007 not April 18, 2008.
Board granted approval and authorized execution of the First Amendment to
Contract between Monroe County and Humane Animal Care Coalition, Inc., to change
current Contract language under Section E - Hurricane or Other Natural Disaster, to more
accurately define procedures.
Board granted approval to accept a Grant Award in the amount of $320,000 from
the City of Key West, Community Development Office, for Bayshore Manor for certain
repairs/replacements and approval to advertise the project for bids.
Board granted approval ofthe Adult Services Home and Community Based
Waiver Case Management Referral Agreement between the Florida Department of
Children and Families (DCF) District 11 Program Office and the Monroe County Board
of County Commissioners (Social Services/In-Home Services) for State Fiscal Year 2007
- 2008.
Board accepted the Receipt of the Monthly Report on Change Orders reviewed by
the County Administrator's Office. There were three Change Orders considered and
approved by the County Administrator for the period beginning June 26, 2007 and ending
July 31,2007 for a total of$86,909.03. Said report is incorporated herein by reference.
Board granted approval and authorized execution of a Monroe County Art in
Public Places Award Agreement between Monroe County and Nestor Madalengoitia for
the renovation ofthe Tavernier Fire Station.
Board granted approval and authorized execution of a Monroe County Art in
Public Places Award Agreement between Monroe County and Terry Thommes,
Thommes Studio, Inc. at the Freeman Justice Center.
Board adopted the following Resolution approving the Emergency Local
Government Emergency Relief Reimbursement Agreement with the Florida Department
of Transportation for financial assistance with repairs related to Hurricane Dennis.
RESOLUTION NO. 269-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe
County and Paradise Divers, Inc. for temporary ferry service between the City of
Marathon and Pigeon Key.
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Board granted approval and authorized execution of an Interlocal Agreement
(ILA) between Monroe County and Miami-Dade County, to provide additional
emergency transportation services to Monroe County residents, guests, workforce and
their appropriately caged or crated pets during the evacuation, re-entry and recovery
phase of an emergency as determined by Monroe County Emergency Management; and
authorization for the County Administrator to execute any other required documentation
in relation to the ILA process.
Board granted approval to spend District 1 Fire and Ambulance Impact Fees for
approximately 8 fire wells at strategic locations in the Lower Keys.
Board granted approval to spend District 2 Fire and Ambulance Impact Fees for
approximately 1 fire well at a strategic location in the Middle Keys.
Board granted approval to spend District 3 Fire and Ambulance Impact Fees for
approximately 6 fire wells at strategic locations in the Upper Keys.
Board granted approval to spend District 4 Fire and Ambulance Impact Fees for
approximately 1 fire hydrant at a strategic location in Key Colony Beach as determined
by Marathon Chief Dale Beaver.
Board granted approval and authorized execution of an Agreement between
Monroe County and the University of Miami School of Medicine, Gordon Center for
Research in Medical Education, Division of Pre-hospital and Emergency Healthcare
designating Monroe County Fire Rescue as a satellite training site to offer Basic Life
Support, and Advanced Cardiac Life Support courses.
Board accepted the Monroe County Florida Volunteer Firefighter and Emergency
Medical Services Length of Service Award Plan, Actuarial Report, dated January 1,
2006; Transfer of Funds for Plan Years 2006 and 1991 into the LOSAP Trust Fund; and
adopted the following Resolution authorizing each participant in the LOSAP to be
credited with an additional year of service.
RESOLUTION NO. 270-2007
Said Resolution is incorporated herein by reference.
Board granted approval for the establishment of nine Fire Rescue field positions,
four Firefighter/Paramedic and five Firefighter/EMT, effective FY 2008 which would
add one additional personnel on-duty 24/7 at Station 9 (Big Coppitt) and 13 (Big Pine),
and relief coverage for vacation, sick leave, injuries, and offset some of the overtime
expenses.
Board granted approval and authorized execution of a Hanger Lease Agreement
between Monroe County and Hangers On, Inc., tenants, for hangar space at the Florida
Keys Marathon Airport.
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Board granted approval of the appointment of David Rice to the Workforce
Housing Task Force as an at-large member from the Middle Keys, replacing Josh
Mothner who resigned.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment (1 st
Amendment) to Agreement between Monroe County and Key West Fishing Tournament,
Inc. covering the Key West Fishing Tournament, Inc. between December 2006-
November 2007, to revise the date of the Swordfish Tournament to July 7th and 8th,
2007.
Board granted approval and authorized execution of an Amendment (1 st
Amendment) to Agreement between Monroe County and Conch Republic Offshore
Power Boat Racing Association, Inc. to revise scope of services for the 2006 Key West
World Championship Race.
Board granted approval and authorized execution of a Joint Project Agreement
(NOS Agreement Code: MOA-2007-0l917442) among the U.S. Department of
Commerce National Oceanic and Atmospheric Administration National Ocean Service
and Monroe County Board of County Commissioners Tourist Development Council of
Monroe County and The Nature Conservancy Florida Keys Program, to carry out data
collection and analysis services. TDC payment will be $30,000, FY 2008 and $30,000,
FY 2009.
Board granted approval and authorized execution of an Amendment (1st
Amendment) to Agreement between Monroe County and St. Paul's Episcopal Church of
Key West, Florida to revise Exhibit A for the Performance at St. Paul's between October
1,2006 and September 30, 2007 in an amount not to exceed $5,000, FY 2007 Two Penny
Cultural Umbrella Resources.
Board granted approval and authorized execution of an Amendment (1 st
Amendment) to Agreement between Monroe County and The Studios of Key West, Inc.
to revise Exhibit A outlining work to be completed and the compensation paragraph.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Marathon to provide funding assistance for the
purchase of a new pump out vessel and to refurbish an existing pump out vessel using
boating improvement funds.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and Florida Fish and Wildlife Conservation Commission for
permission to access County-owned land on Grassy Key for removal of Gambian rats.
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Board granted approval of a Grant Task Assignment, DEP Contract No. PL-029 - Task
Assignment No. FK-079, between Momoe County and the Florida Department of Environmental
Protection (FDEP) to receive an $80,000 grant for the removal of invasive exotic plant species
from conservation lands that are owned or managed by Momoe County.
Board granted approval of a Grant Task Assignment, DEP Contract No. PL-029 - Task
Assignment No. FK-075, between Momoe County and Florida Department of Environmental
Protection (FDEP) to receive a $96,000 grant which will allow the County to continue employing
invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that
are owned or managed by Momoe County.
MONROE COUNTY SHERIFFS OFFICE
Board granted approval of expenditure of $3,035 from Law Enforcement Trust Fund for
travel, lodging, copying and instructional materials for SANE/SART (Sex Assault Nurse
Examiner/Sex Assault Response Team) training for local nurses.
Board granted approval of the Request for Expenditures from the Law Enforcement Trust
Fund, as follows:
$40,000 - Summer Recreation Program - To help provide a safe and nurturing
environment in our schools for the children to spend their summers. Juvenile crimes increase
during the summer and this program can be categorized as a crime prevention program.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Murphy's reappointment of Todd B. Firm to
the Tourist Development Council, term expiring August 1, 2011.
Board granted approval of Mayor DiGennaro's appointment of Freddy Varela as a *
mayoral appointment to the TDC Di8lriet II seat as a L6agillg Tourism Representative. lel'laeing
Christine Weinh6fcI unase term hilS eX1'iIea.
Board granted approval of Commissioner McCoy's appointment of Michael Shields to
the Momoe County Library Advisory Board, fulfilling Marjorie Butchko's term.
Board adopted the following Resolution requesting that the Florida Department of
Transportation repair, on an emergency basis, North Roosevelt Boulevard; providing for the
distribution of this Resolution; providing for an effective date.
RESOLUTION NO. 272-2007
Said Resolution is incorporated herein by reference.
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Board granted approval of Commissioner Spehar's appointment of Jay Marzella
to fill the remaining term ofMr. Matthew Babbich, TDC District II Lodging Seat.
COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes
from the Regular Meeting of June 20, 2007 and Special Meeting of June 6, 2007
(previously distributed).
Board granted approval of the following Tourist Development Council
Expenditures for the month of July, 2007: Advertising, in the amount of$461,697.50;
Bricks & Mortar/Interloca1 Projects, in the amount of$31,869.41; Visitor Information
Services, in the amount of$20,832.00; Events, in the amount of$102,247.50; Office
Supplies & Operating Costs, in the amount of $22,098.42; Personal Services, in the
amount of$71,840.77; Public Relations, in the amount of$60,150.69; Sales &
Marketing, in the amount of$23,810.25; Telephone & Utilities, in the amount of
$11,439.22; Travel, in the amount of$5,143.72.
Board granted approval of the following Warrants (102442-102786 & 519036-
519610): General Fund (001), in the amount of$3,025,305.37; Fine & Forfeiture Fund
(101), in the amount of $3,216,617.38; Road and Bridge Fund (102), in the amount of
$46,874.74; TDC District Two Penny (115), in the amount of$281,089.19; TDC
Admin. & Promo 2 Cent (116), in the amount of$374,247.80; TDC District 1,3 Cent
(117), in the amount of $36,883.11; TDC District 2,3 Cent (118), in the amount of
$1,094.57; TDC District 3,3 Cent (119), in the amount of$4,873.03; TDC District 4,3
Cent (120), in the amount of$30,987.60; TDC District 5,3 Cent (121), in the amount of
$83,231.29; Gov. Fund Type Grants (125), in the amount of$911,917.93; Impact Fees
Roadways (130), in the amount of$92,717.25; Fire & Amb Dist 1 L&M Keys (141), in
the amount of $95,458.36; Upper Keys Health Care (144), in the amount of$333.51;
Uninc Svc Dist Parks & Rec (147), in the amount of$51,906.34; Plan, Build, Zoning
(148), in the amount of$163,123.80; Municipal Policing (149), in the amount of
$519,210.92; 911 Enhancement Fee (150), in the amount of$164,815.19; Duck Key
Security (152), in the amount of $3,866.56; Local Housing Assistance (153), in the
amount of $270,000.00; Boating Improvement Fund (157), in the amount of
$12,085.12; Misc. Special Revenue Fund (158), in the amount of$80,195.97;
Environmental Restoration (160), in the amount of$4,597.20; Court Facilities Fees-
602 (163), in the amount of$224,221.13; Marathon Municipal Service (166), in the
amount of$1.89; Bay Point Wastewater MSTU (168), in the amount of$27.01; Big
Coppitt Wastewater MSTU (169), in the amount of $6,294.51; Key Largo Wastewater
MSTU (170), in the amount of $41.13; Stock Island Wastewater (171), in the amount
of $2, 127.01; Cudjoe-Sugarloaf MSTU (172), in the amount of $31 0.86; Conch Key
MSTU (174), in the amount of$24.93; Long Key, Layton MSTU (175), in the amount
of$24.93; Duck Key MSTU (176), in the amount of$4.962.07; 2003 Revenue Bonds
(207), in the amount of $3,500.00; 1 Cent Infra Surtax (304), in the amount of
$1,832,757.16; 2003 Revenue Bonds (307), in the amount of$830,182.38; Card Sound
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Bridge (401), in the amount of$21,233.34; Marathon Airport (403), in the amount of
$124,182.11; Key West Inti. Airport (404), in the amount of$I,335,407.86; KW AlP
Series 2006 Bonds (405), in the amount of$91,176.81; MSD Solid Waste (414), in the
amount of$I,189,449.11; Worker's Compensation (501), in the amount of$39,289.10;
Group Insurance Fund (502), in the amount of$182,947.99; Risk Management Fund
(503), in the amount of$31,662.05; Fleet Management Fund (504), in the amount of
$176,788.01, Fire&EMS LOSAP Trust Fund (610), in the amount of$510.00.
COUNTY ADMINISTRATOR
Board adopted the following Resolution abolishing the Circuit Conflict
Committee.
RESOLUTION NO. 271-2007
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a First Amendment to
Professional Services Agreement between Momoe County and Robert Reyes of Floridian
Partners, LLC for continuing Strategic Governmental Consulting Services extending the
original Agreement with the same terms and conditions for an additional one-year term
and documenting the name change to Floridian Partners, LLC, effective January 16,
2007.
Board granted authorization for the County Administrator to negotiate a long-term
lease for a possible fire station location on Stock Island.
COUNTY ATTORNEY
Board granted approval of payment to Thomas D. Wright, Esq. for coverage for
John J. Wolfe, P.A. as legal counsel for the Plauning Commission meeting to be held
7/25/07 at the rate of $1 ,500.00 per meeting.
Board granted approval of the amended budget for the legal services of Kaplan,
Kirsch and Rockwell vis-a-vis FAA issues at Key West International Airport.
Board granted approval and authorized execution of a Proposed Settlement
Agreement in the Code Enforcement Case of Monroe County, Florida v. Patricia Louise
Smith, Case No. L12-01-272.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed approval of Resolutions concerning the Transfer of Funds
and Receipt of Unanticipated Revenue. The following individual addressed the Board:
Diane Beruldson. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to adopt the following Resolutions:
Transfer of Funds (OMB Schedule Item No. I).
RESOLUTION NO. 273-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 274-2007
Said Resolution is incorporated herein by reference.
Amending Resolution No. 219f-2007 (OMB Schedule Item No.3).
RESOLUTION NO. 275-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 276-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 277-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 278-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 279-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 280-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 281-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 282-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. II).
RESOLUTION NO. 283-2007
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 284-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 285-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 286-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 287-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 288-2007
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 289-2007
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 290-2007
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
The Board discussed the authorization for the County Administrator or his
designee to complete and submit the online application for the Federal Fiscal Year 2007
Edward Byrne Memorial Justice Assistance Grant (formerly known as the Local Law
Enforcement Block Grant) via the Internet as required by the U.S. Department of Justice,
Bureau of Justice Assistance. The following individual addressed the Board: Pauline
Klein. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Murphy approving
the item. Motion carried unanimously.
The Board discussed the approval to waive the purchasing policy and pay
outstanding Sub Zero, Inc. invoices required for emergency air-conditioning repair and
maintenance in the amount of $30,926.28. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Murphy granting approval ofthe
item. Motion carried unanimously.
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The Board discussed the approval to waive Purchasing Policy and allow the
reimbursement of construction fees for the Big Pine Key Soccer Field. Tom Willi,
County Administrator and Dave Koppel, County Engineer discussed the matter. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of the item. Motion carried unanimously.
The Board discussed reducing the retainage from 10% to 2% for Overholt
Construction, Inc. for construction of the N. Key Largo Fire Station #25. The following
individual addressed the Board: Tom Tharpe, Commissioner of the Key Largo Fire
Rescue District. Dave Koppel, County Engineer and Suzanne Hutton, County Attorney
discussed the item. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to reduce the retainage to 2% conditioned upon that
being a sufficient amount of money in the estimate of the County Engineer to meet that is
necessary to complete the punch list after walking through the facility within the next 72
hours with representatives of the Fire District or such amount as the County Engineer
deems necessary to meet that requirement. Motion carried unanimously.
COMMISSIONERS' ITEMS
Frank Rabbito, Senior VP for the Guidance Clinic of the Middle Keys and Care
Center for Mental Health and Sheriff Richard D. Roth discussed with the Board the
approval to submit application for one year planning grant of $1 00,000 from the Criminal
Justice Mental Health Substance Abuse Reinvestment Grant Program through the Florida
Department of Children and Families. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Spehar authorizing submission
of the application. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner
Spehar to adopt the following Resolution authorizing the acceptance of Key Vaca parcel
RE: 103560-000200 (proposed Sea Grape Apartments Site) from the Monroe County
Comprehensive Plan Land Authority for affordable housing. Motion carried
unanimously.
RESOLUTION NO. 291-2007
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar granting approval of a 99 Year Ground Lease Agreement between Monroe
County and Sea Grape Apartments, LTD for a site in Marathon (RE 103560-000200) to
be purchased by the Monroe County Land Authority and conveyed to the County for its
Keys-wide Affordable Housing Programs. Motion carried unanimously.
The Board discussed approval of a policy concerning an Early Retirement Buy-
Out Program for county employees with two (2) options for the employee to choose
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from. The following individual addressed the Board: Pauline Klein. Teresa Aguiar,
Employee Services Director; Tom Willi, County Administrator; and Suzanne Hutton,
County Attorney then discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval of the
Early Retirement Buy-Out Program, dated July 31, 2007 for county employees. Motion
carried unanimously.
STAFF REPORTS
Communitv Services - Deb Barsell, Division Director referred the Board to the
written Community Services report provided to them and mentioned that a resident of
Bayshore Manor, Mrs. Alma Geibelt, celebrated her 100th birthday on August 6, 2007.
Emplovee Services - Teresa Aguiar, Division Director referred the Board to the
written
Employee Services report provided to them and mentioned that the turnover employee
rate remains steady at 9% as it did last year at this time; and status ofRFP's for
life/dental/vision insurance policies.
Public Works - Dent Pierce, Division Director discussed the status of a meeting
with representatives of the School Board concerning lighting and maintenance costs for
the Sugarloaf School Recreation Area. Suzanne Hutton, County Attorney discussed the
matter. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Neugent directing Staff to coordinate a schedule for the lighting usage at
the SugarloafSchool Recreation Area. Diane Beruldson addressed the Board. Roll call
vote was unanimous.
Airports - Peter Horton, Director discussed the following items: Receipt of a
Federal Aviation Administration Grant in the amount of$2.8 million for runway safety
areas at Key West International Airport via notification of a Finding of No Significant
Impact from the Environmental Assessment Program; Receipt of a Federal Aviation
Administration Grant in the amount of$l.l million for Key West International Airport's
Noise Insulation Program; Receipt of a Grant! AIP#24 for Florida Keys Marathon Airport
for studies concerning the possible use of an additional 400 ft. of runway on each end of
the airport. Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval and authorizing execution of AIP#24. Motion carried
unanimously. Mr. Horton also discussed the status of RFP's for airline service at the
Florida Keys Marathon Airport. The Mayor inquired about the landscaping at the Florida
Keys Marathon Airport. Dawn Acker, Project Manager informed the Board that she was
in the process of applying for landscaping grants.
Emergencv Services - James Callahan, Acting Fire Chief gave a status
presentation report of Monroe County Fire Rescue. Said document 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, Councilman William Dilley, and Chairman Norman
Anderson.
Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro
to adopt the following Resolution authorizing the write-off of Fire Rescue Ambulance
Accounts Receivable for Calendar Year 2003. Motion carried unanimously.
RESOLUTION NO. 292-2007
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro
granting approval for the establishment of nine Fire Rescue field positions, five
Firefighter/Paramedic and four Firefighter/EMT, effective FY 2008 which would add one
additional personnel on-duty 24/7 at Station 9 (Big Coppitt) and 13 (Big Pine), and relief
coverage for vacation, sick leave, injuries, and offset some of the overtime expenses.
Motion carried unanimously.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I, was adjourned.
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The Board of County Commissioners meeting reconvened with all commissioners
present.
CLOSED SESSIONS
Suzarme Hutton, County Attorney armounced that pursuant to Florida Statute,
286.ot 1(8) the following session was closed to the public:
A Closed Session of the Board of County Commissioners in the matter of Monroe
County v. Lodge Construction, Case No. CA-K-OO-617.
OPEN SESSION
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to delete from today's agenda Item G2 - a Closed Session ofthe Board of
County Commissioners in the matter of Carlton Howard v. County of Monroe, 06-CV-
10113. Motion carried unanimously.
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STAFF REPORTS
The following individual addressed the Board: Kay Thacker. Tom Willi, County
Administrator and Suzanne Hutton, County Attorney discussed the Growth Management
Staff Report, agenda Item E6.
WASTEWATER ISSUES
The Board recognized Representative Ron Saunders. Representative Saunders
and the Board discussed approval by the Momoe County Board of Commissioners to
request our State Representative to introduce emergency legislation at the September 18,
2007 legislature special session, to allow Momoe County, if approved by the voters, to
add an additional one penny to Momoe County sales tax specifically for wastewater and
stormwater infrastructure implementation cost. Diane Beruldson addressed the Board.
The Board took no official action.
Commissioner McCoy excused himself from the meeting.
The Board discussed an Addendum to Agreement to retroactively extend the
Agreement between Monroe County and URS for wastewater system evaluation in order
that final invoices for the Agreement can be rightfully paid. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Murphy granting
approval and authoring execution of the item. Elizabeth Wood, Senior Administrator-
Sewer Projects and Dave Koppel, County Engineer discussed the matter. Motion carried
unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval and authoring execution of an Addendum to Agreement to
retroactively extend the Agreement between Monroe County and URS for an independent
engineering evaluation and final planning for the South Stock Island sewer system in
order that final invoices associated with the Agreement can be rightfully paid. Liz Wood
Elizabeth Wood, Senior Administrator - Sewer Proj ects discussed the matter. Motion
carried unanimously, with Commissioner McCoy not present.
Commissioner McCoy entered the meeting and took his seat.
Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy granting approval, per Staff recommendation, and authoring execution of a
Professional Services Agreement between Momoe County and Government Services
Group, Inc. (GSG) to provide a web-based payment tracking system for the Big Coppitt
and Duck Key system development fee prepayments and non-ad valorem tax assessment
payoffs. Motion carried unanimously.
The Board discussed Commissioner McCoy's item concerning all items in
reference to wastewater systems and cost shall be justified by an analysis confirming that
it is the most cost effective way. State Representative Ron Saunders addressed the
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Board. After discussion, motion was made by Commissioner McCoy and seconded by
Commissioner Spehar to adopt the following Resolution. Roll call vote was taken with
the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 293-2007
Said Resolution is incorporated herein by reference.
The following individual addressed the Board: Diane Beruldson.
Commissioner McCoy requested his item concerning rebuttal comments made at
the August 8, 2007 Special Meeting be deleted.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution renaming a
portion of Troup Road to "Tree Garden Way" in honor of the Children's Memorial Tree
Garden which is located there. The Board accepted public input with the following
individual addressing the Board: Howard Gelbman. Motion was made by Commissioner
Spehar and seconded by Commissioner Murphy to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 294-2007
Said Resolution is incorporated herein by reference.
Mayor DiGennaro excused himself from the meeting.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Donald W. Slavinski on property described as
Lot 14, Block 1, Rev. Plat of Sunrise Point, Key Largo, RE: 00484520-000000 in the
form of one (1) dwelling unit allocation award. There was no public input. Motion was
made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the
following Resolution. Motion carried unanimously, with Mayor DiGennaro not present.
RESOLUTION NO. 295-2007
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 Alberto Ramirez and Blanca Mederos on
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property described as Lot 29, Block 8 Ocean Isle Estates, Key Largo, RE:
00540330.000000 in the form of one (1) dwelling unit allocation award. There was no
public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Spehar to adopt the following Resolution. Motion carried unanimously,
with Mayor DiGennaro not present.
RESOLUTION NO. 296-2007
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 ADWM Holdings, LLC on property described
as Lot 6, Block 5, Largo Sound Park, Key Largo, RE: 00471110.000000 in the form of
one (1) dwelling unit allocation award. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Spehar to adopt the following
Resolution. Motion carried unanimously, with Mayor DiGennaro not present.
RESOLUTION NO. 297-2007
Said Resolution is incorporated herein by reference.
Mayor DiGennaro returned to the meeting and took his seat.
A Public Hearing was held to consider the following four (4) items:
A request for Administrative Relief made by Robert Holeman on property
described as Lot 1, Block 18, Largo Sound Park, Key Largo RE: 00469830.000000 in the
form of purchase of the property by the Monroe County Land Authority.
A request for Administrative Relief made by Robert Holeman on property
described as Lot 2, Block 18, Largo Sound Park, Key Largo having RE:
00469840.000000 in the form of purchase of the property by the Monroe County Land
Authority.
A request for Administrative Relief made by Robert Holeman on property
described as Lot 3, Block 18, Largo Sound Park, Key Largo RE: 00469850.000000 in the
form of purchase of the property by the Monroe County Land Authority.
A request for Administrative Relief made by Robert Holeman on property
described as Lot 4, Block 18, Largo Sound Park, Key Largo RE: 00469860.000000 in the
form of purchase ofthe property by the Monroe County Land Authority.
Bob Shillinger, Chief Assistant County Attorney addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Spehar to vacate Resolution Nos. 20la-2007, 202-2007, 203-2007 and 204-2007 adopted
by the Board at its' May 21, 2007 Board Meeting. Motion carried unanimously. The
Board accepted public input with the following individual addressing the Board: Russel
Yagel, representing Robert Holeman. Andrew Trivette, Growth Management Director
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discussed the matter. During discussion, motion was made by Commissioner Spehar and
seconded by Commissioner Murphy approving one (1) dwelling unit allocation for each
lot. Ralph Gouldy, Sr. Administrator - Environmental Resources discussed the matter.
After further discussion, the motion was withdrawn. Motion was then made by
Commissioner Spehar and seconded by Commissioner Neugent to continue the Public
Hearing to the September 19, 2007 meeting of the Board in Marathon. Roll call vote was
unammous.
COUNTY ADMINISTRATOR
The Board discussed the Employment Agreement and confirmation of Wayne J.
Hinnant as Monroe County Fire Chief. Tom Willi, County Administrator discussed the
matter. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Spehar granting approval and authorizing execution of same. Roll call
vote was unanimous. Wayne Hiunant, Fire Chief addressed the Board. The Board
acknowledged James Callahan and thanked him for his service as the Acting Fire Chief.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending
Section 9.5-247(1) of the Monroe County Code; Commercial Fishing Special District 12
(CFSD-1210cated on Big Pine) to clarify that there is no requirement to reside in CFSD-
12 in order to engage in commercial fishing operations such as processing and packaging,
trap storage and construction; providing for codification; severability and repeal of
inconsistent provisions; providing for forwarding ofthis Ordinance to the Department of
Community Affairs and the Secretary of State; providing for an effective date. There was
no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 039-2007
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance adopting an
amendment to the Monroe County Code; deleting Sections 9.5-66 Conditional Use
Permits and Bulk Regulations and 9.5-282 Residential Dwelling Permits and Bulk
Regulations; and amending Section 9.5-523 to include Administrative Waivers; clarifying
procedures, standards, and establishing notification procedures for the approval of
administrative waivers; providing for codification, severability and repeal of inconsistent
provisions; providing for forwarding of this Ordinance to the Department of Community
Affairs and the Secretary of State; providing for an effective date. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 040-2007
Said Ordinance is incorporated herein by reference.
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A Public Hearing was held to consider adoption of a Resolution approving the
request by Key Largo Ocean Resort Co-op, Inc. for waiver ofthe inc1usionary housing
requirements on property legally described as Southc1iffEsts. PB2-45 Key Largo NE
100' ofSW Yz ofTR 9 PT TR 9-10-11 (14.65AC) PT Line Road (.75AC) PT NE Y. ofSE
Y. (5.1AC) PT Gov LT 3 (.6AC) & Adj Baybtm (5.22AC), Key Largo, Momoe County,
Florida having real estate numbers 00483390.000000 and 00483400 at approximate mile
marker 95. The Board accepted public input with the following individuals addressing
the Board: Rodney V.Corriveau, AICP - Planner and Project Manager with the Craig
Company and representing Key Largo Ocean Resorts; Frank Greenman, Diane Beruldson
and Kay Thacker. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was
taken with the following results:
Commissioner McCoy Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor DiGennaro Yes
Motion carried.
RESOLUTION NO. 298-2007
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a DCA transmittal Resolution
to amend the Momoe County 2010 Comprehensive Plan to revise sections of the Future
Land Use and Conservation and Coastal Management elements regarding recreational
and commercial working waterfronts. Staff is requesting a continuance of the Public
Hearing to the September 19, 2007 BOCC meeting. Motion was made by Commissioner
Neugent and seconded by Commissioner Murphy to continue the Public Hearing to the
September 19, 2007 BOCC meeting in Marathon. Motion carried unanimously.
A Public Hearing was held to consider adoption of a Resolution approving an
inventory of County-owned Real Property appropriate for Affordable Housing. The
Board accepted public input with the following individual addressing the Board: Diane
Beruldson. Motion was made by Commissioner Spehar and seconded by Commissioner
Murphy to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 299-2007
Said Resolution is incorporated herein by reference.
COMMUNITY SERVICES DIVISION
George Mauer introduced Max B. Rothman, JD, LL.M, President & CEO,
Alliance for Aging, Inc., Area Agency on Aging of Miami-Dade and Momoe Counties,
who made a presentation regarding funding for senior services in Momoe County and the
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current development of an Aging Resource Center in the district. Pam Martin addressed
the Board.
DIVISION OF GROWTH MANAGEMENT
The Board discussed waiving purchasing policy in order to pay Coffin Marine
Services for work the company performed for County at the direction of Marine
Resources. The following individuals addressed the Board: Pauline Klein, representing
the Island of Key Largo Federation Homeowner Associations, Inc.; Ben Iannotta,
representing the Marine & Port Advisory Committee; Paul Koisch, Diane Beruldson, and
Ron Miller, representing the Upper Keys Community Association. Tom Willi, County
Administrator discussed the matter. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval, per
staffrecommendation, to waive purchasing and to pay Coffin Marine Services the
amount of$104,723 as outlined in the invoices. The work has been performed at the
request of the County and should be paid under the legal theory of Quantum Meruit.
Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent granting approval and authorizing execution of Amendment 2 to the Agreement
between Monroe County and DRC Emergency Services, LLC to remove hurricane
related marine debris. Motion carried unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent granting approval and authorizing execution of an Amendment to CV A Grant
03-361, LE 507 between Monroe County and the Florida Department of Environmental
Protection providing funds for off-setting vessel pump-out costs. The amendment
provides for a time extension of the Contract. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor DiGennaro discussed his item concerning enforcement of ADA
Compliance Laws at commercial properties. This item was referred to Staff for handling.
Commissioner Spehar discussed her item concerning a request for an update of
the County's progress on the Stock Island Fire-Station and the Big Pine Key Fire-Station.
An update was provided by Dave Koppel, County Engineer. Tom Willi, County
Administrator briefly discussed his item for the authorization to negotiate a long-term
lease for a possible fire station location on Stock Island. No official action was taken.
WASTEWATER ISSUES
Suzanne Hutton, County Attorney discussed agenda Item K4 approved earlier in
the day concerning the Professional Services Agreement between Monroe County and
Govemment Services Group, Inc. (GSG) to provide a web-based payment tracking
system for the Big Coppitt and Duck Key system development fee prepayments and non-
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ad valorem tax assessment payoffs. Motion was made by Commissioner Spehar and
seconded by Commissioner Murphy to rescind today's approval of the item and approve
the following: Request for approval to waive the purchasing policy and authorize Staff to
issue a Purchase Order to obtain the services of GSG according to the proposal in their
letter dated August 14,2007. Motion carried unanimously.
COMMISSIONERS' ITEMS
Suzanne Hutton, County Attorney discussed Commissioner Murphy's item
concerning a Resolution of the Board of County Commissioners ofMomoe County
amending Resolution No. 258-1993, clarifying the appointment process for the Tourist
Development Council. After discussion, motion was made by Commissioner Neugent
and seconded by Commissioner Murphy to adopt the following Resolution, with
amendments as read into the record by the County Attorney, as follows:
Section 2: Three (3) ofthe officials are essentially selected by the statute in that
one is the Chairman of the Board of County Commissioners and two (2) are elected
representatives of municipalities located within the County, one (I) of which is the most
populous municipality, and these nominations shall be and remain the nominations ofthe
Board of County Commissioners.
Section 3: (b) The Mayor shall have the right to select a second nominee (6th
lodging/tourism member) in his/her capacity as Mayor. This appointment shall only be
made when a vacancv occurs either through natural expiration of a term or the earlv
vacation of the term bv the member. (Footnote: As of the date of this Resolution, the
6th (mayoral) appointment would be a TDC District I position due to more than 50% of
the tax being collected in District I and each of the other districts being limited to I
representative).
Motion carried unanimously.
RESOLUTION NO. 300-2007
Said Resolution is incorporated herein by reference.
Mayor DiGennaro discussed his item concerning a proposal to start Planning the
Balance which involves (Phase I) requesting that the Federal Government create a new
National Park which would encompass all property desiguated in Tiers I & 2 and (Phase
2) begin the creation of sustainable build out horizon for Tier 3 areas with direction to
Staffto explore the potential. Andrew Trivette, Growth Management Director discussed
the matter. The item was referred to Staff.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator provided a written Report of Grant Activity for
the month of July, 2007 prepared by Dawn Acker.
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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
ilo.LJc. ~~W
Isabel C. DeSantis, eputy Clerk