12/18/2002 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2002/323
Regular Meeting
Board of County Commissioners
Wednesday, December 18, 2002
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio;
and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of an Appreciation Plaque to Alice Skinger, upon her retirement, after over
twenty years of service as Chairman of the Monroe County Public Library Advisory Board.
Mayor's Proclamation proclaiming December 21, 2002 as National Homeless Persons
Memorial Day (to remember those homeless persons, who have died on our nation's streets or
shelters as -a result of hypothermia, poverty, accidents, murders, AIDS, TB and etc.).
James Roberts, County Administrator announced that he had received communication
from Congresswoman Ros-Lehtiten's office concerning a meeting that is scheduled for Friday,
December 20, 2002 at 11:00 A.M. at Hawk's Cay Resort in Marathon concerning wastewater
funding. Commissioner Yvonne Harper from the City of Layton and as their appointee to the
Wastewater Task Force addressed the Board. After discussion, Mayor Spehar called for a Special
Meeting for Friday, December 20, 2002 at 11:00 A.M. at Hawk's Cay Resort in Marathon.
'BULK APPROVALS
Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting
approval of the following items:
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Board granted approval to terminate Lease with Inspector Luis A. Vega, Jr. and approval
to enter into a one-year Lease Agreement with a Deputy appointed by the Monroe County Sheriff
to reside at the modular home in Bernstein Park.
Board granted approval to waive purchasing policies and issue a Purchase Order to
Siemens Building Technologies, Inc. for $27,750 to upgrade the Firefighters Smoke Control
Station at the Detention Facility on Stock Island.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval of Management Plan to administer the Accelerated Capital
Improvements Plan, per Staff recommendation of two new positions: 1) Project Manager level
10, and 2) Construction Inspection Supervisor level 9.
Board granted approval to award bid and authorized execution of a Standard Form of
Agreement between Monroe County and A. Herrmann Associates, Inc., DBA Associates
Roofing, for the Marathon Courthouse Roof Replacement project, and waiver of a technicality of
the submission after the sealed were opened of a supplementary form requested in the RFB but
not affecting the base bid.
Board granted approval to remove surplus equipment from inventory via removal,
disposal, and trade. Said list is incorporated herein by reference.
Board adopted the following Resolution authorizing James R. "Reggie" Paros to execute
on behalf of Monroe County, satisfactions of lien relating to the special assessment for solid waste
collection and disposal.
RESOLUTION NO. 547-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and Adaptive Engineering LTD to provide a disabled passenger device for the Key West
International Airport.
Board granted approval and authorized execution of Purchase/Service Order No. 02/03-8
between Monroe County and URS to implement the Airports Disadvantaged Business Enterprise
Program.
Board granted approval and authorized execution of a Contract between Monroe County
and JACO Airfield Construction, Inc. for airfield guidance signs and west apron lighting plan at
the Key West International Airport.
Board granted approval and authorized execution of a Contract between Monroe County
and Quality Communications of Florida, Inc. DBA Quality Communications Fire & Security, Inc.
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to provide Security/Safety Items - Phase H: Proxy Card, Terminal Baggage Security Doors,
Automatic Gate 4 Modification, Closed Circuit TV System, and Security/Fire Alarm System for
the Key West International Airport.
Board granted approval to solicit proposals for a Tax Anticipation Note for the
Breezeswept Beach Estates Municipal Service Culvert District in an amount not to exceed
$137,000 + interest.
Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of
Unanticipated Funds, and Amending Resolutions:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 548-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 549-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 426-2002 (OMB Schedule Item No. 3).
RESOLUTION NO. 550-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 389-2001 (OMB Schedule Item No. 4).
RESOLUTION NO. 551-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 552-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 553-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 554-2002
Said Resolution is incorporated herein by reference
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( Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO.555-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 556-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 557-2002
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 558-2002
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 559-2002
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 560-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 561-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 562-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 206-2002 (OMB Schedule Item No. 16).
— , RESOLUTION NO. 563-2002
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 564-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 565-2002
Said Resolution is incorporated here in by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO.566-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 567-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 568-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 569-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 570-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 571-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 435-2002 (OMB Schedule Item No. 25).
RESOLUTION NO. 572-2002
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 573-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 574-2002
Said Resolution is incorporated herein by reference.
Amending Resolution No. 360-2002 (OMB Schedule Item No. 28).
RESOLUTION NO. 575-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO.576-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 577-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 578-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 579-2002
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 580-2002
Said Resolution is incorporated herein by reference.
Board granted approval of the document entitled Monroe County Public Library Annual
Plan of Service for the Year 2003, submitted by Norma Kula, Director of Libraries, dated
November 26, 2002.
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Board granted approval and authorized execution of the Older Americans Act Standard
Fixed Rate Contract No. AA-329 - 2003 (1/1/03-12/31/03) between Monroe County and Alliance
for Aging, Inc. to provide funding for Nutrition and In -Home Services, and for Mayor to sign the
IV.B. Match Commitment of Cash Donation.
Board granted approval and authorized execution of Amendment 004 to Contract AA-229
(1/1/02-12/31/02) between Monroe County and the Alliance for Aging, Inc. to increase the
amount of Contract by an additional grant award amount of $8,762.
Board granted approval and authorized execution of a Contract (Agreement) for Food
Service between Monroe County and GA Food Service, Inc. for the contract year, January 1,
2003 - December 31, 2003, with the option to renew service agreement for one or two more
additional years.
Board granted approval to solicit a request for qualifications for services related to
financial planning and policy development and services related to debt issuance.
Board granted approval to extend services from Environmental Insurance Services on a
month to month basis for the Pollution Liability.
Board granted approval of an easement with the Botanical Gardens for ingress, egress,
parking, signage and sewer line at the Public Service Building on Stock Island, subject to County
Engineer and County Attorney preparing appropriate easement documents with legal description.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Exclusive Sports Marketing covering Publix Family Weekend on
August 16 - 17, 2003 in an amount not to exceed $20,000.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Investment Syndicate, Inc. covering the APBA Marathon
Offshore Grand Prix on May 15 - 18, 2003 in an amount not to exceed $90,712.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Investment Syndicate, Inc. covering the APBA Offshore
Worlds Power Boat Races on November 17 - 23, 2003 in an amount not to exceed $85,000.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Symphony Orchestra, Inc. to allow for a change in
schedule.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Mel Fisher Maritime Heritage Society, Inc. to extend Agreement until March
15, 2003.
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Board granted approval of a new District III member to the KADO Dive Umbrella. The
members are as follows: KADO President Gloria Teague; District 1 - CeCe Roycraft/Dive Key
West; District 2 - Maryanne Rocket/Underseas Inc.; District 3 - Sally Billiter/Tilden's Dive
Center; District 4 - Gloria Teague/Lady Cyana Divers; District 5 - Todd Firm/Keys Diver.
DIVISION OF PUBLIC WORKS
Board granted approval to remove fill at the end of Pine Way, Palm Villa Subdivision, Big
Pine Key, as mitigation for the Habitat for Humanity Project.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution that the Allocation of Non -Residential Floor Area
for Year 11 be limited to applications of 2,500 square feet or less and that sixteen thousand
square feet be made available in two allocations, the first allocation of eight thousand square feet
on February 1, 2003 and the remainder to be held in reserve for the second allocation period of
July 1, 2003.
RESOLUTION NO. 581-2002
Said Resolution is incorporated herein by reference.
Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential
from Heriberto Paez to limit the floor area ratio of the described property to a maximum of
twenty-three percent (23%) for a period of ten (10) years; Permit No. 02-1-2085, for property
described as Part of Lot 3, Ramrod Shores Marina, Ramrod Key. The applicant is receiving a
non-residential floor area allocation award for the year ending July 13, 2002 and has filed the
document in accordance with Ordinance No. 32-2001.
Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential
from Frank Holtry to limit the floor area ratio of the described property to a maximum of
twenty-three percent (23%) for a period of ten (10) years; Permit No. 96-1-1568, for property
described as Lots 1 & 42, Block 1, Cudjoe Ocean Shores, Cudjoe Key. The applicant is receiving
a non-residential floor area allocation award for the year ending July 13, 2002 and has filed the
document in accordance with Ordinance No. 32-2001.
Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential
from Pamela Sante, Trustee to limit the floor area ratio of the described property to a maximum
of twenty-three percent (23%) for a period of ten (10) years; Permit No. 95-3-1788, for property
described as Lot 5, Block 3, Harbor Shores, Key Largo.
Board adopted the following Resolution confirming the administrative boundary
interpretation of the Director of Planning and Environmental Resources in Land Use District Map
Boundary Interpretation Number 108 regarding a part of Lot 16, Summerland Estates,
Summerland Key, Monroe County, Florida, at approximately mile marker 25, and having the
following real estate number: 00200600-000600. 1
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RESOLUTION NO. 582-2002
Said Resolution is incorporated herein by reference.
Board granted approval to provide up to $20,000 from the Boating Improvement Fund
(BIF) to the City of Marathon for the purchase of a utility vessel.
Board granted approval per Staff recommendation of engineering firms and direction to
negotiate a Contract with the top firm, or the second and third firms successively if negotiations
fail, for completion of a Keys -wide boat ramp design and permitting project.
Board granted approval for the transfer of one buildable lot from Padro J. & Olga Adrian
to Monroe County by Warranty Deed, Permit No. 01-1-3334, for property described as Lot 12,
Block 5, Ramrod Shores, Ramrod Key. The applicants are receiving a dwelling unit allocation
award for the year ending July 13, 2003, have filed the document in accordance with Ordinance
No. 47-1999.
Board granted approval for the transfer of two buildable lots from Michael A. &
Rosemary Z. Lang to Monroe County by Warranty Deed, Permit No. 00-1-2486, for properties
described as Lot 1, Block 16, Eden Pines Colony, Big Pine Key; and Lot 1, Block 21, Sands
Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the
year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of three buildable lots from Richard E. & Wanda
Spencer to Monroe County by Warranty Deed, Permit No. 02-1-2633, for property described as
Lot 4, 5 & 6, Block `A', Kinercha, Big Pine Key. The applicants are receiving a dwelling unit
allocation award for the year ending July 13, 2003, have filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval for the transfer of five building lots from Paul G. Adams to
Monroe County by Warranty Deed, Permit No. 02-1-2587, for properties described as Lot 22,
Block 5, Ramrod Shores Marina Section, Ramrod Key; Lot 21, Block 5, Ramrod Shores Marina
Section, Ramrod Key; Lot 4, Block 15, Eden Pines Colony, Big Pine Key; Lot 3, Block 8, Eden
Pines Colony 1 st, Big Pine Key; and Lot 11, Block 8, Roger Lowe's, Big Pine Key. The
applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed
the documents in accordance with Ordinance No. 47-1999.
Board granted approval to transfer one buildable lot from Franklin G. Land to Monroe
County by Warranty Deed, Permit No. 01-1-3334, for property described as Lot 19, Block 24,
Eden Pines Colony 3rd Addition, Big Pine Key. The applicant is receiving a dwelling unit
allocation award for the year ending July 13, 2003, has filed the documents in accordance with
Ordinance No. 47-1999.
MONROE COUNTY COURT ADMINISTRATION
Board granted approval and authorized execution of a Renewal Agreement bitween
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Monroe County and Irwin S. Morse, MD d/b/a Town Square Mall, for approximately 400 feet of
office space, for Drug Court Program, starting January 16, 2003. The rent is increased by the
CPI-U for the most recent twelve months available (2.0%).
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Irwin S. Morse, MD d/b/a Town Square Mall, for 450 feet of office space,
for Guardian ad Litem Program, starting January 1, 2003. The rent is increase by the CPI-U for
the most recent twelve months available (2.0%).
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Rice's appointment of Kathleen Fischer to the
Library Advisory Board, date term expires January 1, 2007, replacing Alice Skinger who has
resigned the post.
Board granted approval of Commissioner Rice's appointment of Nancy Perez Miller to the
Art In Public Places Committee, date term expires January 1, 2005, replacing Michael Bier whose
term has expired.
Board granted approval of Commissioner Rice's appointment of Daryle Osborn to the
Construction Adjustment and Appeals Board, date term expires April 1, 2004, fulfilling the term
of Michael Bier who has resigned.
Board granted approval to use the County owned property on Stock Island that is
adjacent to Bayshore Manor and the Key West Botanical Gardens for a fund raiser, contingent
upon meeting all County insurance, safety and security requirements.
COUNTY CLERK
FINES & FORFEITURES
Court Reporter Services, Amy Landry Reporting, in the amount of $830.55; Associated
Court Reporters, in the amount of $7,684.80; Barbara J. Grant, in the amount of $80.50;
Catuogno Court Reporting, in the amount of $379.45; Cheryl McDonough, in the amount of
$25.10; Court Reporters of Key West, in the amount of $567.50; Esquire Deposition Service, in
the amount of $181.00; G & M Court Reporters, LTD, in the amount of $705.85; Martin
Leshaw, in the amount of $50.00; Monroe County Court Reporting, in the amount of $6,160.75;
Suzanne Ex d/b/a All Keys Reporting, in the amount of $407.50. Competency Evaluation, A.
Louis Oconnor PHD, in the amount of $350.00; James W. Holbrook EDD, in the amount of
$600.00. Court Interpreter, Alex Diaz, in the amount of $790.00; Claudia M. Hancock, in the
amount of $505.00; Estrella Garcia, in the amount of $280.00; Grace Krulasik, in the amount of
$25.00; Jacob Zucker, in the amount of $40.00; Joanna Nucun, in the amount of $50.00; Maria
Luisa Davis, in the amount of $150.00;.Mario Baldatti, in the amount of $95.00; Marketa Trnka,
in the amount of $25.00; Martha Hernandez, in the amount of $360.00; Omni Lingual Services
Inc., in the amount of $135.00; Sergio Alvarez, in the amount of $232.50. Witness ,
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Coordination, Witness Payroll, in the amount of $115.00; Witness Travel & Per Diem, in the
amount of $2,846.70. Expert Witness, Michael Maher MD, in the amount of $4,243.00; Swope
Reconstruction, in the amount of $300.00. Court Appointed Attorney Fees - Conflict, Christine
Bollong, in the amount of $1,406.25; Halford Schuhmacher Esq, in the amount of $2,040.00;
Howard Sohn PA, in the amount of $2,415.00; Jeffrey B. Meyer, in the amount of $873.75;
Michael R. Barnes, in the amount of $1,200.00; Monica Matthews Santana, in the amount of
$1,335.00; Peary Fowler, in the amount of $2,050.94; Richard Fowler, in the amount of
$2,380.35; The Margalli Law Office, in the amount of $1,581.25; W.J. Heffernan, Jr., in the
amount of $2,024.00. Other Services Circuit, Avis Rent A Car System, Inc., in the amount of
$225.71; David J. Nozick, in the amount of $583.42; David Burns Investigations Inc., in the
amount of $537.50; Debart Services, in the amount of $45.00; JM Investigations Inc., in the
amount of $117.00; State of Florida/Nozick, in the amount of $941.50. Miscellaneous
Expenses, State of Florida, in the amount of $711.75. Extraditions, Monroe County Sheriffs
Department, in the amount of $22,770.98.
WARRANTS
Board approved the following Warrants (#203972-204128 & 75340-76500):
General Fund (001), in the amount of $1,472,528.81; Sup to General Revenue (002),
in the amount of $25,248.80; Fine & Forfeiture Fund (101), in the amount of $2,594,539.83;
Road and Bridge Fund (102), in the amount of $40,756.91; Law Library Fund (103), in the
amount of $3,162.15; TDC District Two Penny (115), in the amount of $163,534.87; TDC
Admin & Promo 2 Cent (116), in the amount of $248,567.25; TDC District 1,3 Cent (117), in
the amount of $103,608.94; TDC District 2,3 Cent (118), in the amount of $6,999.14; TDC
District 3,3 Cent (119), in the amount of $659.51; TDC District 4,3 Cent (120), in the amount
of $55,037.51; TDC District 5,3 Cent (121), in the amount of $5,853.65; Gov. Fund Type
Grants (125); in the amount of $188,019.43; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $96,880.56; Upper Keys Health Care (144), in the amount of $15,498.58; Fire &
Amb Dist 6 Key Largo (146), in the amount of $26,472.15; Uninc Svc Dist Parks & Rec
(147), in the amount of $32,611.69; Plan, Build, Zoning (148), in the amount of $62,449.23;
Municipal Policing (149), in the amount of $240,257.96; 911 Enhancement Fee (150), in the
amount of $5,051.29; Duck Key Security (152), in the amount of $5,858.77; Local Housing
Assistance (153), in the amount of $31,784.58; Boating Improvement Fund (157), in the
amount of $9,855.00; Misc. Special Revenue Fund (158), in the amount of $4,252.58; Lsw
Enforcement Trust (162), in the amount of $600.00; 1 Cent Infra Surtax (304), in the amount
of $281,592.10; Card Sound Bridge (401), in the amount of $60,570.16; Marathon Airport
(403), in the amount of $401,153.12; Key West Intl Airport (404), in the amount of
$690,198.89; MSD Solid Waste (414), in the amount of $931,927.40; Worker's Compensation
(501), in the amount of $14,102.86; Group Insurance Fund (502). in the amount of
$118,759.07; Risk Management Fund (503), in the amount of $5,082.70; Fleet Management
Fund (504), in the amount of $91,670.49.
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TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of November 2002: Advertising, in the amount of $157,620.67; Visitor Information
Services, in the amount of $38,333.32; Events, in the amount of $109,186.00; Office Supplies
& Oper Costs, in the amount of $28,479.44; Personal Services, in. the amount of $61,160.36;
Public Relations, in the amount of $43,877.66; Sales & Marketing, in the amount of
$51,891.85; Telephone & Utilities, in the amount of $13,083.54; Travel, in the amount of
$7, 831.29.
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of a Consulting Agreement between
Monroe County and Commonwealth Consulting Corporation for continuing consulting services.
Board granted approval and authorized execution of an Amendment to Consulting
Contract between Monroe County and Mitchell & Reyes, Inc., extending the expiration date to
January 31, 2004, and updating the firms' address.
Board adopted the following Resolution accepting the proposal of Suntrust Bank to
provide the County with a loan in an aggregate principal amount of $4,143,945.49 in order to
refund all of the outstanding Monroe County Municipal Service District Refunding Improvement
Bonds, Series 1991; authorizing the issuance of the Monroe County Solid Waste Disposal System
Refunding Revenue Note, Series 2002 to evidence such loan; pledging the gross revenues of the
County's Solid Waste Disposal System and certain other funds to pay the Series 2002 Note;
providing certain terms and details of the Series 2002 Note; making certain covenants and
providing certain rights to the holder of the Series 2002 note; authorizing the delivery and
execution of an escrow deposit agreement and the appointment of an escrow agent thereto; and
providing an effective date.
RESOLUTION NO. 545-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution amending and supplementing Resolution No.
170-1993 entitled: AA Resolution of the Board of County Commissioners of Monroe County,
Florida, providing for the advance refunding of the outstanding Improvement Revenue Bonds,
Series 1988A and Series 1988B, of the County; authorizing the issuance of not exceeding
$7,500,000 Refunding Revenue Bonds Series 1993, of the County to finance the cost thereof,
providing for the payment of such bonds from the first and second guaranteed entitlements of the
County to state revenue sharing trust funds; making certain covenants and Agreements in
connection therewith; and providing an effective date"; accepting the proposal of Suntrust Bank
to provide the County with a loan in an aggregate principal amount of $3,495,143.63 to refund all
of the County's outstanding Monroe County, Florida refunding Revenue Bonds, Series 1993;
authorizing the issuance of the Monroe County, Florida guaranteed entitlement refunding revenue
note, Series 2002 in order to secure such loan; pledging the County's first and second, guaranteed
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entitlement funds and certain other funds to pay the Series 2002 Note; providing certain terms and
details of the Series 2002 Note; making certain covenants and providing certain rights to the
registered owner of the Series 2002 Note; authorizing the delivery and execution of an escrow
deposit Agreement and the appointment of an escrow agent thereto; making certain amendments
to Resolution No. 170-1993; and providing an effective date.
RESOLUTION NO. 546-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement for Disclosure Counsel
Services between Monroe County and Bryant, Miller and Olive, P.A. for the issuance of debt
obligations.
Board adopted the following Resolution authorizing the conveyance of real property in
Port Pine Heights Subdivision to the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida.
RESOLUTION NO. 583-2002
Said Resolution is incorporated herein by reference.
Board granted approval to inform the State of Florida that Monroe County will not be
utilizing fees from the Choose Life specialty license plates.
COUNTY ATTORNEY
Board adopted the following Resolution disclaiming any interest of Monroe County in a
tract of land east of Block 51, Sands Subdivision, Big Pine Key, Monroe County, Florida.
RESOLUTION NO. 584-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Lease Buy Out Agreement between
Monroe County and Lower Keys Artists Network, Inc. for the Big Pine Key Library to expand its
existing space into the adjacent space in the Big Pine Key Shopping. Center in order to provide
adequate library services.
Board adopted the following Resolution to use the uniform ad valorem method for the
collection of assessments in the Breezeswept Beach Estates Subdivision Municipal Service
Culvert District and stating the reason therefor.
RESOLUTION NO. 585-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing the appointment of alternate Code
Enforcement Special Masters and the compensation therefore, and granted approval and
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authorized execution of Professional Services Contracts between Monroe County and the
following for same: Thomas Wright, Richard Fowler, and Brandon Dimando.
RESOLUTION NO. 586-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution revising Resolution No. 025-2002, in order to
correct a scrivener's error in the legal description of abandoned portions of Lots 7 and 8, Morris
Avenue, Cross Key, Key Largo, Monroe County, Florida.
RESOLUTION NO. 587-2002
Said Resolution is incorporated herein by reference.
Board granted approval of a Settlement Agreement in the amount of $56,500.00 in the
case of Coltec Engineering v. Monroe County, Case No. CA-K-02-260.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice recused himself from the following three items. Motion was then
made by Commissioner Nelson and seconded by Commissioner Neugent to approve:
Fiscal Year 2003 Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Funds Agreement between Monroe County and Boys and Girls Club to implement
a program that provides S.M.A.R.T. Gang Prevention, in the amount of $25,567.00.
Fiscal Year 2003 Byrne State and Local Law Enforcement Formula Grants between
Monroe County and the Florida Department of Law Enforcement for the project entitled Boys &
Girls Club Street S.M.A.R.T. Gang Prevention II, 03-CJ-5A-11-54-01-107.
Resolution authorizing the submission of a Grant Application to the Florida Department of
Law Enforcement for the FY 02/03 Residential Substance Abuse Treatment for Prisoners Held in
Local Correctional Facilities Grant Program (said Resolution authorizes the County Administrator
to sign and submit the application).
RESOLUTION NO. 588-2002
Said Resolution is incorporated herein by reference.
Motion carried unanimously, with Commissioner Rice abstaining.
DIVISION OF PUBLIC WORKS
Mr. Roberts and County Engineer Dave Koppel addressed the Board concerning property
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i ) on Cudjoe Key for emergency response services and office space. Property on US at Sarcama
Drive on Cudjoe Key is available for lease or purchase. The developer is willing to design and/or
build whatever facility the County needs. Currently the County needs a fire facility and office
space for Growth Management. If we pursue this, the following will happen: 1) Fire Station will
be constructed at this location instead of Cudjoe Gardens; 2) EMS Station will be moved to new
location from Cudjoe Gardens; 3) Sheriff will get vacated EMS space at Cudjoe Gardens; 4)
Growth Management will relocate staff from Marathon and Key West to this location to better
serve lower keys; 5) Second Floor of Marathon Government Center currently occupied by
Growth Management will be vacated and available for conversion into a dedicated EOC. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent
to proceed with the matter. Motion carried unanimously.
AIRPORTS
Public Safety Director, Reggie Paros reported to the Board concerning status of the
Florida Keys Marathon Airport's 139 limited certification. Mr. Paros also discussed general
airport activities including capital improvement projects; apron expansions; 32 t-hangars; sheriffs
hangar construction to begin in January; a fuel tank for Jet A fuel; relocating of 4 shade hangars;
award of contract for the landscaping and improvements to the frontage road, and special events.
Commissioner Neugent discussed skydiving events at the Florida Keys Marathon Airport.
Key West Airport Manager Peter Horton updated the Board concerning the Cuban
aircraft that landed at the airport illegally on November 11, 2002, and discussed the placing of a
lien on the aircraft to cover security costs. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Nelson authorizing the placement of a lien on the aircraft
to cover the costs of guarding the plane. Motion carried unanimously.
Commissioner McCoy requested status of the runway safety areas at the Key West
International airport. Mr. Horton addressed the Board.
Michael L'Engle Thompson, AICP, Senior Airport Planner, representing URS
Corporation made a presentation of the document entitled Florida Keys Marathon Airport
Master Plan Update Draft Report, URS, December 2002. Motion was made by Commissioner
McCoy and seconded by Commissioner Rice granting approval of the Florida Keys Marathon
Airport Master Plan. Motion carried unanimously.
WASTEWATER ISSUES
Commissioner Nelson discussed his item with the Board concerning a request from State
Representative Ken Sorenson that the BOCC adopt a Resolution requesting his office to present a
bill to the Florida House of Representative to remove the FKAA and the Key Largo Independent
Elected Sewer Board from State Statute #120 for their potable water and wastewater activities.
Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority; and Andy Tobin,
Chairman of the Key Largo Wastewater District addressed the Board. After discussion, motion
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was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution requesting that Monroe County's State Legislative Delegation remove from
the legislation establishing the Florida Keys Aqueduct Authority and the Key Largo Wastewater
Treatment District the requirement that decisions made by the Governing Boards of those entities
must be pursuant to Chapter 120, Fla. Stat., the Florida Administrative Procedures Act. Motion
carried unanimously.
RESOLUTION NO. 589-2002
Said Resolution is incorporated herein by reference.
DIVISION OF PUBLIC WORKS
Linda Johnson, representing the Florida Department of Transportation - District Six made
a presentation to the Board concerning the document entitled Florida Department of
Transportation -District Six 2004-2008 Tentative 5-Year Transportation Plan for Monroe
County. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson endorsing the document. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Timothy McGarry, Director Growth Management Division and Raj Shanmugam, PE,
Senior Project Manager, representing URS Corporation made presentation to the Board on the
Big Pine Key Cross Island Connector Study and selection of a preferred alignment(s). The
following individuals addressed the Board: Kathryn Wheeler, Katie Lyons, Beth Fennell,
representing Tropical Key Colony Subdivision; Les Faust, Sherry Phillips, John Scharch, H.
Flagler, Don Bischoff, Larry Sullivan, representing the Big Pine Key Civic Association; Curtis
Brown, Joel Rosenblatt, Attorney Henry Morgenstern, representing Florida Wildlife Federation;
Helen Crockett, Cindy Cameron, Brian Roberts, Lynn Barry, Joseph Ambrose, representing Port
Pine Heights Property Owner's Association; Debbie Harrison, representing World Wildlife Fund;
Jim Cameron, Mick Putney, representing Key Deer Protection Alliance; Joyce Newman, Alicia
Putney. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson granting approval of the #5 "No Build" Alternative which assumes that no
cross -island connector is built and therefore has no attendant costs for construction. Roll call
vote was unanimous.
Bill Lowey, representing the Habitat for Humanity addressed the Board and gave his
thanks to the Board, County Administrator, County Attorney and the community for all their
support concerning the Halcyon Project on Big Pine Key.
FIRE & AMBULANCE DISTRICT I
BOARD OF GOVERNORS
The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance
District convened. Present and answering to roll call were Commissioner Charles "Sonny"
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McCoy, Commissioner George Neugent, Commissioner David P. Rice, City of Layton Alternate
Kathleen Fischer and Vice -Chairperson Mayor Dixie Spehar.
Motion was made by Commissioner McCoy and seconded by Commissioner Rice granting
approval to purchase one 2003 Chevrolet Suburban 1500 from Garber Chevrolet, Inc. through
Florida Sheriff s Association and Florida Association of Counties vehicle/equipment contract
(02-10-0826) at low bid of $28,801. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
The Board of County Commissioners reconvened with all Commissioners present.
AIRPORTS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval for Aerohio Skydiving Center, Inc. to hold a skydiving event at the Florida
Keys Marathon Airport January 31, 2003 through February 4, 2003 with an option of a rain date
February 7, 2003 through February 10, 2003, contingent upon meeting all FAA and County
insurance, safety and security requirements. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry reported to the Board concerning Beneficial Use for 21 properties on Big
Pine Key. After discussion, motion was made by Commissioner McCoy and seconded by
Commissioner Neugent directing Staff, per the Director of Growth Management's
Recommendation, to issue residential building permits in accordance with conditions of
Resolution 263-2002 approving Beneficial Use for 21 properties on Big Pine Key. Motion
carried unanimously.
Mr. Hendrick referred the Board to the written Growth Management Litigation Report
from Attorney Karen K. Cabanas of the firm Morgan & Hendrick, dated December 18, 2002. Mr.
Hendrick also discussed the Tradewinds Hammock project.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the following two items:
The rescinding of Board action from March 20, 2002 which granted approval and
authorized execution of a Ground Lease Agreement between Monroe County and either Hangers
On, Inc. or their successor, or as four (4) individual Agreements with Tim Bettis, Dick Ramsey,
R. Daniel Zieg, and Robert Cayce to build enclosed hangars, contingent upon current litigation
being withdrawn.
12/18/2002 2002/340
- Execution of Hangar Lease Agreement between Monroe County and Hangars On, Inc. for
four (4) shade hangars located on the northeast side of the Marathon Airport property, contingent
upon current litigation being withdrawn.
Motion carried unanimously.
Mr. Roberts discussed the issuance of Habitat for Humanity's permit by the Army Corp. of
Engineers.
Mr. Roberts reported to the Board concerning Monroe County assisting the City of
Marathon with their transition period.
Mr. Roberts updated the Board concerning the City of Key West applying for a Florida
Communities Trust Grant for the purchase of 6 acres/Botanical Gardens.
DIVISION OF PUBLIC WORKS
County Engineer Dave Koppel discussed with the Board approval of a site plan for the
Big Pine Key Community Park. The following individuals addressed the Board: Larry Sullivan,
Mick Putney, representing Key Deer Protection Alliance; Steve Miller, representing Parks and
Recreation Advisory Board; Scott Wade, representing Big Pine Little League; Vern Pokorski,
Bob Mock, representing Parks and Recreation Advisory Board; Henry Morgenstern, representing
William Mallers, Florida Wildlife Federation; Curtis Brown, James Bollini, representing Parks and
Recreation Advisory Board (Chairman); John R. Russo, Lynn Barry, Kathy Wheeler, Sherry
Phillips, Joyce Newman, Carol Fisher, representing Lower Keys Chamber of Commerce; Ann
Haack, representing American Youth Soccer Organization; Debbie Harris, representing the World
Wildlife Federation; and Carol Chappell. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Neugent directing Staff to proceed with Scheme B,
Alternate #4, with lights. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance declaring that an
emergency exists and waiving notice by a four -fifths vote; amending Section 2 of Ordinance No.
022-2002 in order to provide that a surcharge of $9 shall be imposed on parking tickets to fund
school crossing guards; providing that the surcharge is effective in the unincorporated areas of
Monroe County; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 033-2002
Said Ordinance is incorporated herein by reference
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I
A Public Hearing was held concerning adoption of an Ordinance of the Board of County
Commissioners of Monroe County, Florida, pursuant to Sec. 328.66, F.S., imposing a'Monroe
County vessel registration fee; providing for the amounts of the vessel registration fee; providing
for the collection of the vessel registration fee by the Monroe County Tax Collector; providing for
the purposes for which the vessel registration fee may be spent; providing that the Monroe
County Board of County Commissioners may enter into Interlocal Agreements with the Monroe
County Municipalities for the distribution of the vessel registration fee among the Monroe County
Board of County Commissioners and the municipalities; providing for severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date. The following individuals addressed
the Board: Debbie Harrison, representing World Wildlife Fund; Richard Grathwohl, representing
Marathon Guides Association; H.T. Pontin, Nancy Klingener, representing the Ocean
Conservancy; and Joe Ambrose. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 034-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution approving with conditions
the request for administrative relief in the form of a Residential Building Permits made by John
and Susan Maitner on the lot described as Block 8, Lot 3, Cahill Pines and Palms, Big Pine Key,
real estate number 00245450.000000. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Nelson. to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 590-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution approving the
recommendation of the Planning and Environmental Resources Department to offer to purchase in
response to the request for administrative made by Larry and Irene Malanga on the lot described
as Lot 10, Eden Pines Colony First Addition, Big Pine Key, real estate number 00269840.000000.
The Board accepted public input with the following individual addressing the Board: Irene
Malanga. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson to table the matter to the Key West Board meeting on January 15, 2003 at
3:00 P.M. Motion carried unanimously.
A Public Hearing was held concerning adoption of a Resolution approving with conditions
the request for administrative relief in the form of a residential building permits made by Vincent
Lentine on the lot described as Block 10, Lot 21, Cahill Pines and Palms, Big Pine Key real estate
number 00246020.000000. There was no public input. Motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Motion
- carried unanimously.
12/18/2002 2002/342
RESOLUTION NO.591-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution approving with conditions
the request for administrative relief in the form of a residential building permit made by Jennifer
Hock representing Michael J. Calder on the lot described as Block 4, Lot 42 Pine Channel
Estates, Big Pine Key, real estate number 00248810.000000. There was no public input. Motion
was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 592-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning adoption of a Resolution stating the intent of the
Monroe County Solid Waste Municipal Services benefit unit to levy and collect through the
uniform non -ad valorem assessment procedure of Sec. 197.3632, FS, assessments on residential
real property within the City of Marathon for the purpose of collecting and disposing of
residential solid waste. There was no public input. Motion was made by Commissioner Rice and
seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 593-2002
Said Resolution is incorporated herein by reference.
WASTEWATER ISSUES
A Public Hearing was held concerning adoption of an Ordinance creating the Marathon
Municipal Service Taxing Unit located within the incorporated are of the City of Marathon,
Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries
of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such
unit not to exceed 0.77 mil; authorizing the use of the tax revenue for enumerated purposes; and
providing an effective date. Mr. Roberts, Mayor John Bartus, representing the City of Marathon;
and Attorney Bob Feldman, representing Florida Keys Aqueduct Authority addressed the Board.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 035-2002
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board concerning approval of a revised capital improvement
plan contingent upon the issuance of bonds and approval of revised allocation percentages for the
_ capital improvement plan. Motion was made by Commissioner Neugent and seconded by
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i
Commissioner Nelson to table the item to the Key West Board meeting on January 15I, 2003.
Motion carried unanimously.
WASTEWATER ISSUES
Mr. Roberts briefed the Board on wastewater management projects and issues, including
funding and proposals for Municipal Service Taxing Units. Attorney Bob Feldman, representing
the Florida Keys Aqueduct Authority; Kerry Shelby, Assistant Department Director of
Administration; Mr. Kolhage, and Mr. Hendrick addressed the Board.
A Public Hearing was held concerning adoption of an Ordinance creating the Conch Key
Municipal Service Taxing Unit located within the unincorporated area of Monroe County,
Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries
of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such
unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and
providing an effective date. There was no public input. Motion was made by Commissioner
McCoy and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 036-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance creating the Bay Point
Municipal Service Taxing Unit located within the unincorporated area of Monroe County,
Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries
of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such
unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and
providing an effective date. There was no public input. Motion was made by Commissioner
Nelson and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 037-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance creating the Big Coppitt
Key Municipal Service Taxing Unit located within the unincorporated area of Monroe County,
Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries
of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such
unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and
providing an effective date. There was no public input. Motion was made by Mayor Spehar and
seconded by Commissioner Nelson to not adopt the Ordinance. After discussion, the motion was
withdrawn by the maker. Motion was then made by Commissioner Nelson and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 038-2002
i
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Said Ordinance is incorporated herein by reference.
George Garrett, Director of Marine Resources addressed the Board. Motion was made by
Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution
concerning Amendment 2 to the Joint Resolution of Monroe County Board of County
Commissioners (Resolution No. 349-2002) and Florida Keys Aqueduct Authority (Resolution
No. 02-25) relating to the provision of wastewater facilities in the Key Largo Area of Monroe
County, Florida; providing for a commitment to the Florida Department of Environmental
Protection (FDEP) to preserve and secure certain grant funding for wastewater project in the Key
Largo area providing for required funding by Monroe County for the project's planning/design;
providing for the County's SHIP Program support: Providing for the development of a critical
events schedule acceptable to FDEP in order to implement a wastewater project in the Key Largo
area; providing for transition to the Governing Board of the Key Largo Wastewater Treatment
District; providing that this Joint Resolution be deemed an Interlocal Agreement pursuant to
Section 163.01, Florida Statutes; and providing for an effective date. There was no public input.
Motion carried unanimously.
RESOLUTION NO. 595-2002
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval and authorizing execution of an Interlocal Agreement between Monroe County
and the Key Largo Wastewater District Board providing a $100,000 loan to the District for
completion of wastewater projects. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to
adopt the following Resolution requesting that the Key West Resort Utility (KWRU) convert its
wastewater treatment plant to meet AWT Standards (5531), that KWRU be allowed to recover
construction and operation/maintenance costs above and beyond the utility fixed fee of $600 per
EDU for making the conversion, and that KWRU obtain permits for the treatment plant upgrade
as appropriate by no later than the January 1, 2007 deadline established in the County's Contract
with KWRU. Mr. Roberts and Mr. Garrett addressed the Board. Roll call vote was unanimous.
RESOLUTION NO. 596-2002
Said Resolution is incorporated herein by reference.
Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner McCoy to not approve the submission of an EPA Grant
Application in order to be eligible to receive decentralized wastewater utility funding. Motion
carried unanimously.
PUBLIC HEARINGS
A Public hearing was held concerning adoption of an Ordinance amending Sections
12/18/2002 2002/345
9.5-316.1, 9.5-316.2, and 9.5-317, Monroe County Code; providing for reorganization; providing
for definitions; providing for restrictive covenants; providing for severability; providing for the
repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County
Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs and providing an effective date. Mr. Hendrick
addressed the Board. The Board then accepted public input with the following individuals
addressing the Board: Lloyd A. Good, Jr., representing Radik Hablicek; Simon Klein, and Bill
Smith, representing Florida Keys Contractors Association. After discussion, motion was made
by Commissioner McCoy and seconded by Commissioner Neguent to continue the Public Hearing
to the January 15, 2003 Board meeting in Key West at a time certain of 5:01 P.M. Motion
carried unanimously.
The second of two Public Hearings was held concerning adoption of an Ordinance
approving the request by the Monroe County Department of Public Works to amend the Monroe
County Future Land Use Map from Residential Medium (RM) to Public Facility (PF) for property
located on U.S. #1 described as Lot 1, Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16,
Cudjoe Key, Monroe County, Florida approximate mile marker 21. The Board accepted public
input with the following individual addressing the Board: John F. Muth, representing the Cudjoe
Gardens Property Owner's Association. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson to adopt the following Ordinance, as amended. Said
amendment as follows: Lot 1, Block 23. Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16,
Cudjoe Key ,Monroe County, Florida Approximate mile marker 21. Motion carried unanimously.
ORDINANCE NO. 039-2002
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held concerning adoption of an Ordinance
amending the Monroe County Year 2010 Comprehensive Plan by amending Policy 101.4.23;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for the incorporation into the Monroe County Year 2010 Comprehensive Plan; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 040-2002
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held concerning adoption of an Ordinance
approving a request of the Monroe County Planning Department to amend the Monroe County
Year 2010 Comprehensive Plan by extending the dates of completion of Objective 212.1, Policy
212.1.1, Policy 212.1.2 related to Shoreline Development; Object 2.13.1, Policy 213.1.1, Policy
213.1.2, Policy 213.1.4 related to Beach Access; Objective 401.1, Policy 401.1.1 related to mass
transit; and Objective 1201.10, Policy 1201.10.1, Policy 1201.10.2 related to recreation and open
12/ 18/2002 '�ZI�III L�1_ 2002/346
;I
space. There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously:
ORDINANCE NO. 041-2002
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings or the "amendment" Hearing was held to adopt two
Ordinances to repeal Policy 101.5.4-19 of the Year 2010 Comprehensive Plan and to repeal
Section 9.5-122.3(a)(19) of the Monroe County Code elimnating modest housing point
assignment in residential ROGO; providing for the severability; providing for the repeal of all
Ordinances inconsistent herewith; and providing an effective date. There was no public input.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the
following Ordinances. Motion carried unanimously.
ORDINANCE NO. 042-2002
ORDINANCE NO. 043-2002
Said Ordinances are incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Neugent made a presentation to the Board concerning a request by the
Florida Association of Counties in support of a resolution in objection to the shifting of Medicaid
cost to the Counties. After discussion, the Board requested that the Mayor send a letter to State
Representative Ken Sorenson concerning the item.
Commissioner Neugent discussed a request concerning direction to Staff to research both
indirect and direct expenses that Monroe County receives from being in an Area of Critical State
Concern and report back to the Board.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. Motion was made by Commissioner Rice and seconded
by Commissioner Neugent granting approval of the documents entitled: Various Other
Appointments/Notes; 2003 Organization for Rotational Commissioner Attendance; and 2003
Appointments of Commissioners to Various Duties. Motion carried unanimously. Said listing of
documents are incorporated herein by reference.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice
appointing Mayor Spehar to the Florida Association of Counties Board of Directors, for a one
year term l/l/03 - 12/31/03. Motion carried unanimously.
Mr. Roberts and Mr. Hendrick addressed the Board. After discussion, motion was made
by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing
execution of an Employment Agreement, as amended, between Monroe County and John R.
Collins, Esquire for employment in the capacity of County Attorney. Said amendment as follows:
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Page 2 of 9:
2. Full Time Employment. Board and Attorney agree that the position of County
Attorney will be a full-time position_ in ,
hatirs per year. Board and Attorney agree that the nature ofthe po�itiofl ofe0tinty Attem
the serviees to be pefformed as Gounty Attarney do not lend themselves to a regular Mond
thfatigh Ftiday Fatty hattr workweek. It will be the obligation of Atforney, however, to d
Attorney. Work hours performed, annual leave, personal leave, and sick leave hours taken will be
documents on a form or forms to be provided by Board. Board agrees that any period of
probationary service that may be applicable to the position of County Attorney under the
provisions of the county's Personnel Policies and Procedure Manual is hereby waived.
Page 5 of 9:
9. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs
of meals, other expenses and lodging incurred by Attorney that may be necessary, required, or
appropriate in fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other
expenses and lodging will be paid for or reimbursed at the rates specified in Section 112.061,
Florida Statutes. Rein+ttt:sefnents will be paid to Attemey not latei than the payroll date n
following the subfrAssian of the minibursement feqttest. At its sole discretion, an upon request by
Attorney, Board may authorize the reimbursement of Attorney's actual expenditures where
documented evidence is provided detailing the actual expenses incurred. Motion carried
unanimously.
COUNTY ATTORNEY
Mr. Hendrick made farewell comments to the Board for his tenure as County Attorney.
WASTEWATER ISSUES
Mr. Garrett addressed the Board a second time concerning the EPA Grant Application in
order to be eligible to receive decentralized wastewater utility funding.
There being no further business to come before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex-oiFicio Clerk to the Board
of County Commissioners
Monroe County, Florida
aj-,-L c - C(/y��/
Isabel C. DeSantis, Deputy erk,