02/20/2008 Regular
22
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 20,2008
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 Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner George
R. Neugent, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also
present at the meeting were Suzanne Hutton, County Attorney; Debbie Frederick, Acting
County Administrator; Isabel C. DeSantis, Deputy Clerk; County Staff, members ofthe
press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner
DiGennaro granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
Commissioner Neugent discussed a request for a letter of support from the Mayor
to Ken Nedimyer, President of the Coral Restoration Foundation for a grant application
being submitted to the Coastal Counties Restoration Initiative through the National
Association of Counties (NACo). Motion was made by Commissioner DiGennaro and
seconded by Commissioner Murphy to add the item to the agenda. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Motion was made Commissioner DiGennaro and seconded by Commissioner
Murphy to add to the Agenda Commissioner Neugent's item concerning a request from
Ken Nedimyer, President ofthe Coral Restoration Foundation seeking a letter of support
from the Mayor for a grant application being submitted to the Coastal Counties
Restoration Initiative through the National Association of Counties (NACo). Motion
carried unanimously.
PRESENTATION OF AWARDS
Presentation of a Mayor's Proclamation Proclaiming February 23,2008 as Rotary
Day in Monroe County.
Presentation of a Mayor's Proclamation Proclaiming the year 2008 as Year of the
Key Largo W oodrat.
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BULK APPROVALS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy granting approval of the following items by unanimous consent:
Board granted approval and authorized execution of a Landscape Maintenance
Extension Agreement between Monroe County and Gardens of Eden, for landscape
maintenance at the Key West International Airport.
Board granted approval and authorized execution of a Renewal Agreement
between Monroe County and Dion Oil Company for delivery of diesel fuel and unleaded
gasoline for one additional year.
Board granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the City of Marathon for utilization of the County meeting
room in Marathon for 11 City Council meetings.
Board granted approval and authorized execution of a Business Lease between
Monroe County and Independent Mortgage and Finance Company, Inc., for office space
at 600 Whitehead Street, Unit 201, Key West, for the 16th Judicial Circuit's Mediation
Program.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator's Office, and a list of Change Order requests submitted by contractors, and
rejected by EngineeringlFacilities Development. There were four (4) Change Orders
considered and approved by the County Administrator for the period beginning January
1,2008 and ending January 31, 2008, for a total cost of$12,527.42, and there were two
change order requests submitted by contractors and rejected by EngineeringlFacilities
Development totaling $109,445.42.
Board granted approval ofthe wording on the dedication plaque for the Medical
Examiner's Facility.
Board adopted the following various Resolutions for the Transfer of Funds and
the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 032-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 033-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 034-2008
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 035-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 036-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 037-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 038-2008
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 015-2008 (OMB Schedule Item No.8).
RESOLUTION NO. 039-2008
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 040-2008
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 041-2008
Said Resolution is incorporated herein by reference.
Board granted approval of the Fiscal Year 2009 Budget Timetable (said timetable
is incorporated herein by reference).
Board granted approval to extend the current General and Professional Liability
Insurance with Lantana Insurance LTD for Bayshore Manor and waiver of the policy
requiring going out for Request for Proposals (RFP).
Board granted approval to accept proposal from Marsh USA for Pollution
Liability Insurance package through Indian Harbor Insurance Company.
Board adopted the following Resolution establishing the option to advertise any
position vacancy in one newspaper publication of general circulation published at least on
a weekly basis which offers the most economical pricing and also meets statutory
requirements.
RESOLUTION NO. 042-2008
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of a Renewal Agreement for
Lease of the Big Pine Key Shopping Center Library Space between Monroe County and
Big Pine Key Shopping Center, LLC, for the space in the Big Pine Key Shopping Center
currently occupied by the Monroe County Public Library, for an additional three (3)
years.
Board granted approval and authorized execution of Amendment to the lnterlocal
Agreement Creating the South Florida Workforce Investment Board for Region 23 of the
State of Florida between Miami-Dade and Monroe County extending the term ofthe
lnterlocal Agreement to June 30, 2012.
Board granted conceptual approval to enter into a long-term, no-cost lease with
ITT Corporation (ITT) for an aeronautical equipment site at Florida Keys Marathon
Airport.
Board granted approval and authorized execution of a 99- Y ear Ground Lease
Agreement between Monroe County and Blue Water Workforce Housing, LLC for
Tavernier Parcel (RE#00488730).
Board granted approval to purchase seven (7) Turbo Draft Eductors and issuance
of a Purchase Order for $17,465.00 to sole source provider Schutte & Koerting using Fire
and EMS Impact Funds from Districts 1,2 and 3.
Board granted approval of the issuance of a Certificate of Public Convenience and
Necessity (COPCN) to Monroe County Fire Rescue for the operation of an ALS transport
ambulance service, for the period April I, 2008 through March 31, 2010.
Board granted approval to advertise a Public Hearing for the March 19, 2008
BOCC meeting in Marathon concerning an Ordinance adopting the uniform method of
levying a non-ad valorem assessment for fire rescue services.
Board granted approval to advertise a Public Hearing that will be held at the
March 19, 2008 BOCC meeting in Marathon at 3:00 PM, regarding the ratification of
FDOT Grants 5310, 5316, 5317 that were previously approved by the Board on
December 19, 2007.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution to provide additional advance
registration, booth-related expenses and travel-related expenses for Trade Shows for the
Fiscal Year 2009 to be paid from Tourist Development Council Funds in Fiscal Year
2008.
RESOLUTION NO. 043-2008
Said Resolution is incorporated herein by reference.
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Board granted approval to advertise Tourist Development Council, Fiscal Year
2009, Capital Projects - Request for Proposals (RFPs).
Board granted approval to advertise Tourist Development Council, Fiscal Year
2009, Destination/TurnKey Events Request for Proposals (RFPs).
Board granted approval of amendment of Tourist Development Council Policies
& Procedures (Section II of the Operations Manual) regarding the procedure for
formulating the agenda for TDC meetings. The amendment would relate to who can
place items on the agenda; what the deadline is for Add-on Agenda Items (with backup
materials); and what vote is required to make a change to the agenda at the meeting.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of Amendment No.2 to
Agreement, extending the rate schedule to include the Years 2008, 2009, and 2010,
between Monroe County and URS Contract, which provides transportation planning
services for the county, such as the armual travel time and delay study, and traffic impact
studies, funded by a grant from the Florida Department of Transportation.
Board ratified the action taken December 19, 2007 awarding an allocation to
Thomas Carl & Judy M. Rothdeutsch on Lot 6, Block 4, Port Pine Heights Subdivision,
Big Pine Key, Real Estate Number 00289710.000000; and adopted the following
corrective Resolution approving the request for Administrative Relief made by Thomas
Carl & Judy M. Rothdeutsch on property described as Lot 6, Block 4, Port Pine Heights
Subdivision, Big Pine Key, RE#0028971O.000000 in the form of one (1) dwelling unit
allocation award.
RESOLUTION NO. 044-2008
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of the request for Expenditures from the Law
Enforcement Trust Fund, as follows:
$1,000.00 - American Youth Soccer Organization - to help cover travel expenses,
uniforms, tournament fees and misc. expenses for the team to participate in the A YSO
National Games in Honolulu in July, 2008.
$5,000.00 - Key West High School Fastpitch - to help fund expenses so the team
can attend four major tournaments this year, three being overnight trips.
$446.76 - Monroe County Sheriff's Office - to help provide gifts for the Easter
Bunny to give the children that visit the MCSO Animal Farm for Easter on the Farm open
house.
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COURT ADMINISTRATION
Board granted approval and authorized execution of a First Amendment to
Agreement to purchase furnishings for Freeman Justice Courthouse between Monroe
County and Thomas W. Ruff & Company (Ruff) for additional funding for the travel and
expenses to be incurred by Ruff, for assembly and installation of furnishings for the
Freeman Justice Building. All funding will come from Court Facilities Fund not from the
County General Fund.
COMMISSIONERS' ITEMS
Board adopted the following Resolution recommending the State of Florida
continue the level of funding necessary to maintain existing juvenile detention bed
capacity and existing level of juvenile services and treatment at the Monroe Regional
Juvenile Detention Facility located in Key West, Monroe County, Florida and
recommending the proposed detention bed capacity funding reductions proposed by the
Governor for Fiscal Year 2008-09 for the Monroe Regional Juvenile Detention Facility
not be pursued.
RESOLUTION NO. 045-2008
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's re-appointment of Stan
Darczuk to the Florida Keys Council for People with Disabilities, with a term expiring
February 2011.
Board granted approval of Commissioner DiGennaro's re-appointments of Gerald
Fortier and Dennis Kulig to the Duck Key Security District Advisory Board, with terms
expiring February 1,2011 and March 1,2011 respectively.
Board granted approval of Commissioner DiGennaro's appointment of Dennis
Wooten to the Duck Key Security Advisory Board to fulfill term ofF.J. Helbling, who
resigned, with a term expiring June 1, 2009.
Board granted approval of Commissioner Neugent's request for a letter of support
from the Mayor to Ken Nedimyer, President of the Coral Restoration Foundation for a
grant application being submitted to the Coastal Counties Restoration Initiative through
the National Association of Counties (NACo).
COUNTY CLERK
Board granted official approval of the Board of County Commissioner minutes
from the Special Meeting of December 5, 2007, and Regular Meeting of December 19,
2007 (previously distributed).
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Board granted approval ofthe following Warrants (103233-103288 & 524825-
525902): General Fund (001), in the amount of$3,364,296.87; Fine & Forfeiture Fund
(101), in the amount of$3,131,041.26; Road and Bridge Fund (102), in the amount of
$163,291.71; TDC District Two Penny (115), in the amount of$223,870.33; TDC
Admin. & Promo 2 Cent (116), in the amount of $436,492.03; TDC District 1,3 Cent
(117), in the amount of$350,614.52; TDC District 2,3 Cent (118), in the amount of
$23,069.13; TDC District 3,3 Cent (119), in the amount of$182,137.49; TDC District
4,3 Cent (120), in the amount of$91,077.69; TDC District 5,3 Cent (121), in the
amount of$63,655.03; Gov. Fund Type Grants (125), in the amount of$74,163.29;
Impact Fees Roadways (130), in the amount of$633.00; Impact Fees Fire and EMS
(135), in the amount of$18,199.50; Fire & Amb Dist 1 L&M Keys (141), in the amount
of$161,534.56; Upper Keys Health Care (144), in the amount of$3,283.03; Uninc Svc
Dist Parks & Rec (147), in the amount of$80,421.35; Plan, Build, Zoning (148), in the
amount of$65,330.86; Municipal Policing (149), in the amount of$526,331.11; Duck
Key Security (152), in the amount of $4,424. 16; Local Housing Assistance (153), in the
amount of$IO,934.00; Boating Improvement Fund (157), in the amount of$29,798.77;
Misc. Special Revenue Fund (158), in the amount of$17,848.26; Environmental
Restoration (160), in the amount of $3,497.90; Law Enforcement Trust (162), in the
amount of$20,750.00; Court Facilities Fees-602 (163), in the amount of$18,071.92;
Marathon Municipal Service (166), in the amount of$809,732.66; Bay Point
Wastewater MSTU (168), in the amount of$17.62; Big Coppitt Wastewater MSTU
(169), in the amount of$19,655.06; Key Largo Wastewater MSTU (170), in the
amount of$28.43; Stock Island Wastewater (171), in the amount of$17.62; Cudjoe-
SugarloafMSTU (172), in the amount of$19.09; Conch Key MSTU (174), in the
amount of$19.09; Long Key, Layton MSTU (175), in the amount of$19.09; Duck Key
MSTU (176), in the amount of$19.11; Building Fund (180), in the amount of
$5,317.05; 2003 Revenue Bonds (207), in the amount of$185,387.81; 1 Cent Infra
Surtax (304), in the amount of$I,597,223.86; 2003 Revenue Bonds (307), in the
amount of$41O,009.38; Infr Sls Srtx Rev Bds2007 (308), in the amount of $764,580.00;
Card Sound Bridge (401), in the amount of$423,168.54; Marathon Airport (403), in
the amount of$148,796.71; Key West IntI. Airport (404), in the amount of
$1,047,221.09; KW AlP Series 2006 Bonds (405), in the amount of$I,475,383.68;
MSD Solid Waste (414), in the amount of$I,095,436.12; Worker's Compensation
(501), in the amount of$38,295.80; Group Insurance Fund (502), in the amount of
$207,304.65; Risk Management Fund (503), in the amount of $24,046.35; Fleet
Management Fund (504), in the amount of$159,690.25; Fire & EMS LOSAP Trust
Fund (610), in the amount of$6,51O.00.
Board granted approval of the following Tourist Development Council
Expenditures for the month of January, 2008: Advertising, in the amount of $632,615.04;
Bricks & MortarlProjects, in the amount of $276,731.11; Visitor Information Services, in
the amount of$80,683.00; Events, in the amount of$32,674.42; Office Supplies &
Operating Costs, in the amount of$48,727.24; Personal Services, in the amount of
$133,552.75; Public Relations, in the amount of$96,688.82; Sales & Marketing, in the
amount of$40,373.22; Telephone & Utilities, in the amount of$18,230.66; Travel, in the
amount of$10,639.96.
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Board granted approval to remove surplus equipment from inventory via disposal.
Said list is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval of the waiver of bid procedures for subcontracted
emergency repair work performed at the Marathon Airport terminal (Morganti Group).
Board granted approval of November 9, 2007 invoice in the amount of
$30,285.27 from Paul Hastings for services regarding Galleon v. Monroe County, Case
No. 2004-CA-02-595-K.
Board granted approval of an October 16, 2007 revised invoice in the amount of
$40,683.11 from Paul Hastings for services regarding Galleon v. Monroe County, Case
No. 2004-CA-02-595-K, (tabled 12/19/07 - previous amount $41,296.50).
Board granted approval and authorized execution of a Settlement Agreement with
Robert E. Spencer and Wanda Spencer in Code Enforcement Case No. CE05020330, in
the amount of$658.50.
Board granted approval and authorized execution of a Lease Agreement between
Monroe County and MW & JC, LLC, and an Amendment to the Core Contract between
Monroe County and the State of Florida Department of Health to provide for premises at
3134 Northside Drive to be used by Health Department for use as a clinic.
Board granted approval of the unanimous recommendation from the Contractor's
Examining Board to re-appoint the following members for one (I) additional three (3)
year term on the Contractor's Examining Board: Mr. Joseph Velrick, as a regular
member, new term to begin May I, 2008; Ms. Peggy J. Bankester, as a regular member,
new term to begin May I, 2008; and Mr. Frank Toppino, as an alternate member, new
term to begin May I, 2008.
Board granted approval of an Amendment to Legal Services Agreement between
Monroe County and the firm of Paul, Hastings, Janofsky & Walker to reflect new hourly
rates and additional time keepers and authorization for Staff to execute.
Board granted approval and authorized execution of a Settlement Agreement with
Eloy and Margaret Lopez in Code Enforcement Case CE05020373, in the amount of
$9,868.50.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed a Resolution renaming the Big Pine Key Senior Citizen
Center the uDallas MacDonald Senior Center u. The following individual addressed the
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Board: Jim Newton. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Spehar to adopt the following Resoluion renaming the
center. Roll call vote was unanimous.
RESOLUTION NO. 046-2008
Said Resolution is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Dave Koppel, County Engineer discussed approval of Contract Amendment No.4
between Monroe County and William P. Horn Architects, P .A. for professional services
for the construction of the Big Pine Key Fire Station. After discussion, motion was made
by Commissioner DiGennaro and seconded by Commissioner Spehar granting approval
and authorizing execution of the amendment. Motion carried unanimously.
Mayor McCoy excused himself from the meeting.
Dave Koppel, County Engineer discussed using District Two Transportation
Impact Fees to construct two pedestrian bridges adjacent to Truman Bridge and
(Plantation Island) Bridge No. 904603 on Duck Key. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Spehar granting approval of
the item. Motion carried unanimously, with Mayor McCoy not present.
The Board continued agenda item C.II, concerning approval of an Interlocal
Agreement between Monroe County and the School Board of Monroe County to
cooperate in support of "It's Just 4 Kids, Inc.", a Florida nonprofit corporation, for
County Fiscal Year 2008, to be heard at I :30 P.M. along with agenda item G.l
concerning the discussion and approval of reductions in Fiscal Year 2009 total funding
amounts for applicants funded through Human Services Advisory Board (HSAB)
recommendations and organizations funded directly by Board of County Commissioners,
including Jacobs Aquatic Center and Florida Department of Health.
Mayor McCoy returned to the meeting and took his seat.
Reggie Paros, Deputy County Administrator discussed the approval of a First
Amendment to Ground Lease Agreement between Monroe County and Sea Grape
Apartments, LTD, to extend the deadline to commence construction of project. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner
NeugeI;lt granting approval and authorizing execution of the item. Motion carried
unanimously.
Reggie Paros, Deputy County Administrator; and Mark Rosch, Executive
Director ofthe Monroe County Land Authority discussed approval of a Deed of
Conservation Easement in favor ofthe South Florida Water Management District for Sea
Grape Apartments, LTD. After discussion, motion was made by Commissioner Neugent
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and seconded by Commissioner DiGennaro granting approval of the item. Motion
carried unanimously.
Wayne Hinnant, Fire Chief discussed approval of the issuance of a Certificate of
Public Convenience and Necessity (COPCN) to AtIanticlKey West Ambulance, Inc.,
d/b/a American Medical Response for the operation of an ALS transport ambulance
service, for the period March 24, 2008 through March 23, 2010. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval of the item. Motion carried unanimously.
Wayne Hinnant, Fire Chief discussed approval of an Interlocal Agreement
between Momoe County and the School Board of Momoe County, Florida to reimburse
the School Board up to $20,248.00 for the actual cost of the planning meeting and
preparation for the same, consultants, materials and participants provided for the all
hazard and terrorist disaster planning meeting. This training was held on January 15,
2008 at the City of Marathon Fire Station, and was eligible under the Federally-Funded
Subgrant Agreement 06-DS-3W-1l-54-01-309. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner DiGennaro granting approval of
the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Murphy to table to the March 19, 2008 BOCC meeting in Marathon, agenda item M.8
concerning a Report on Pigeon Key operations by Jim Rhyne, Executive Director,
Pigeon Key Foundation. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Clerk announced the following two items:
Announcement of one vacant position on the Tourist Development Council
District I Advisory Committee for an "At Large" appointment.
Announcement of one vacant position on the Tourist Development Council
District V Advisory Committee for an "At Large" appointment.
Diane Beruldson addressed the Board.
STAFF REPORTS
Dent Pierce, Public Works Director advised the Board that Public Works has
purchased bio-diesel fuel to be used on some of public works diesel powered equipment.
Peter Horton, Airport Manager advised the Board that he has been contacted by
Gator Air to service the Florida Keys Marathon Airport to begin March 1, 2008.
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HOUSING & COMMUNITY DEVELOPMENT
The Board discussed the request from the Middle Keys Community Land Trust
(MKCLT) to utilize funds available within the Monroe County affordable and employee
housing fair share impact fee trust fund for the purpose of paying impact fees in the
amount of $53,655 due by the MKCL T to the Village ofIslamorada in relation to the
development of Woods Comer, a 16-unit affordable/workforce community located in
Islamorada. Suzanne Hutton, County Attomey discussed the matter. After further
discussion, motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro approving a loan to the Middle Keys Community Land Trust (MKCL T) in the
amount of$53,655 to be paid to the Village ofIslamorada for affordable employee
housing impact fees, the money to be paid out of the Monroe County Affordable &
Employee Housing & Fair Share Trust Fund; and, that a public purpose exists for the
promoting of affordable and employee housing throughout the Florida Keys. Roll call
vote was unanimous. The following individuals addressed the Board: Josh Mothner,
President of the MKCLT; Kay Thacker, and Sue Heim.
Motion was made by Commissioner Spehar and seconded by Commissioner
Neugent to transfer funds from the Impact Fee Trust Fund to the Division of Growth
Management to reimburse waiving offees for affordable housing in the future. Andrew
Trivette, Growth Management Director discussed the matter. After further discussion,
motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
to table the matter to the March 19,2008 BOCC meeting in Marathon. Roll call vote was
unanImous.
DIVISION OF GROWTH MANAGEMENT
The Board discussed approval of a Resolution reserving ten (10) affordable
housing ROGO allocations for Monroe County sponsored project on four (4) separate
parcels in the unincorporated area of Monroe County and five (5) affordable housing
allocations for Habitat for Humanity of the Upper Keys to be utilized at the Harbor
Shores property. Andrew Trivette, Growth Management Director and Lisa Tennyson,
Affordable Housing Coordinator discussed the matter. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the
following Resolution for same. Motion carried unanimously.
RESOLUTION NO. 047-2008
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
The Board discussed Commissioner Neugent's item conceming a request of the
Board of County Commissioners to direct Commissioner Neugent to seek input from the
municipalities to obtain a consensus to propose to State Representative Ron Saunders
legislation that would allow Monroe County to create a one-penny sales tax to utilize for
funding a $350 million dollar unfunded mandate by the State of Florida to achieve A WT
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for Wastewater. State Representative Saunders has expressed that he does not oppose
such a move and feels if the voters of Monroe County want to impose, through
referendum, a one penny sales tax that he would support the same. The following
individuals addressed the Board: Burke Cannon representing the Hammer Point Property
Owner's Association; Diane Beruldsen, and Howard Gelbman. No official action was
taken.
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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, and Commissioner Mario DiGennaro. Absent were Chairman Clark Snow and
Mayor Norman Anderson.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval and authorizing execution of a Renewal Agreement,
effective from March 1, 2008 through February 28,2009, between Board of Governors of
Fire and Ambulance District 1 of Monroe County Florida and Roy Khanna for
maintenance of Fire Rescue vehicles (Ambulances) including inspections, preventative
maintenance, and unscheduled maintenance and repairs resulting from failure or
malfunction. 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.
COMMISSIONERS' ITEMS
The Board discussed Commissioner DiGennaro's item concerning the approval to
appoint Frank Rego to the Tourist Development Council as the District 4 Representative.
The following individuals addressed the Board: Frank Rego and Diane Beruldsen. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Spehar to appoint Frank Rego as the Tourist Development Council
District 4 Representative. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Debbie Frederick, Acting County Administrator discussed the receipt of
applications for the position of County Administrator. Motion was made by
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Commissioner Murphy and seconded by Commissioner Spehar to table the matter to 1:30
P.M. in the afternoon. Motion carried unanimously.
Motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro to hold a Special Meeting on March 27,2008,10:00 A.M. at the Harvey
Government Center in Key West for the purpose of discussion and action on further
budget reduction options. Motion carried unanimously, with Commissioner Neugent not
present.
Commissioner Neugent returned to the meeting and took his seat.
MISCELLANEOUS BULK APPROV ALS/BUDGET & FINANCE
The Board discussed the following two (2) items:
Approval of an Interlocal Agreement between Monroe County and the School
Board of Monroe County to cooperate in support of "It's Just 4 Kids, Inc." a Florida
nonprofit corporation, for County Fiscal Year 2008, as it pertains to the 2008 budget.
Approval of reductions in Fiscal Year 2009 total funding amounts for applicants
funded through Human Services Advisory Board (HSAB) recommendations and for
organizations funded directly by Board of County Commissioners, including Jacob's
Aquatic Center and the Florida Department of Health.
The following individuals addressed the Board: Grace Connors, representing the
American Red Cross; Wendy Coles, representing the Southernmost Homeless Assistance
League; Jamie Pipher, representing the Guidance Clinic ofthe Middle Keys and the
Community Center for Mental Health; Diane Beruldsen, and Pam Martin, representing
AARP. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro granting approval and authorizing execution of an Interlocal
Agreement between Monroe County and the School Board of Monroe County to
cooperate in support of "It's Just 4 Kids, Inc." a Florida nonprofit corporation, for County
Fiscal Year 2008, as it pertains to the 2008 budget. Roll call vote was unanimous.
The Board then discussed reductions in Fiscal Year 2009 total funding amounts
for applicants funded through Human Services Advisory Board (HSAB)
recommendations and for organizations funded directly by the Board of County
Commissioners, including the Jacob's Aquatic Center and the Florida Department of
Health. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro that the following four categories be cut by 20% across the
Board: Human Services, Non-Human Services, Jacob's Aquatic Center, and the Monroe
County Health Department, excluding the money paid for services provided by the
Executive Director of the Monroe County Historic Preservation Board - George Born that
is to be moved to it's own line item. Roll call vote was taken with the following results:
Commissioner DiGennaro Yes
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Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
COUNTY ADMINISTRATOR
The Board discussed the receipt of applications for the position of County
Administrator. Debbie Frederick, Acting County Administrator reported that the
deadline for the County Administrator's position was this past Friday, February 15th and
there were a total of 38 applicants. After discussion, motion was made by Commissioner
DiGennaro and seconded by Commissioner Spehar for the Board be provided with
documentation of all applicants for selection of their top choices. Roll call vote was
unanimous.
Motion was made by Commissioner Spehar and seconded by Commissioner
DiGennaro to hold a Special BOCC meeting on March 20, 2008 at 10:00 A.M. in
Marathon for the selection of a County Administrator. Roll call vote was unanimous.
COUNTY ATTORNEY
Suzanne Hutton, County Attorney reported to the Board concerning the receipt of
an e-mail from Nat Cassel, Assistant County Attorney and Rich Jones, Senior Marine
Planner - Marine Resources Department wherein they were able to ascertain a credit
memo in the amount of$80,000 from a contractor.
Suzanne Hutton, County Attorney requested a Closed Session concerning the
matter of Sal Zappulla v. Monroe County, and Lloyd Good v. Monroe County to discuss
settlement negotiations and a strategy session related to litigation expenditures. Motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy to hold
two Closed Sessions at the March 19, 2007 BOCC in Marathon beginning a 2:00 P.M.
Motion carried unanimously.
The Board discussed the following two (2) items:
Advertising a Public Hearing for an Ordinance imposing a "Ninth-Cent" Local
Option Motor Fuel Tax, as authorized by F.S. 206.41(l)(d) and 336.021, upon such fuel
sales in all of Monroe County, including the municipalities therein, for a period ofthirty
years unless earlier repealed by the Board of County Commissioners; providing for a
method of collection of the tax and remission of the proceeds; providing that the proceeds
may only be spent for transportation expenditures as defined herein; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances; and providing and
effective date.
36
Advertising a Public Hearing for an Ordinance clarifying the statutory authority
for the current six cent motor and special fuel tax in Section F.S. 336.025(1)(a);
providing for the distribution ofthe six cent motor and special fuel tax to all
municipalities and the county; imposing a five cent local option motor and special fuel
tax, as authorized by F.S. 336.025(1)(b), upon such fuel sales in all of Monroe County,
including the municipalities therein, for a period of thirty years unless earlier repealed by
the Board of County Commissioners; providing for a method of collection of the tax and
remission of the proceeds; providing that the proceeds may only be spent for
transportation expenditures as defined herein; providing for the pledge ofthe tax revenue
for bonds whose proceeds are used for transportation capital projects; 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: Diane Beruldsen and Burke
Cannon. Dave Koppel, County Engineer and Suzanne Hutton, County Attorney
discussed the matter. After discussion, motion was made by Commissioner DiGennaro
and seconded by Commissioner Spehar to deny the above items. Roll call vote was taken
with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
The Board discussed rescinding an Amendment to Agreement between Monroe
County and Jerry Coleman P.I., approved at the December 19, 2007 BOCC meeting. The
following individual addressed the Board: Diane Beruldsen. After discussion, motion
was made by Commissioner DiGennaro and seconded by Commissioner Spehar to
rescind the Agreement. Roll call vote was unanimous.
The Board discussed the authority to negotiate a Contract with the Key Largo
Wastewater Treatment District (KLWTD) to enable early connection to the wastewater
system, rather than to build a separate temporary wastewater system for the Murray E.
Nelson Building. The following individual addressed the Board: Ron Miller. After
discussion, motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy approving the item. Roll call vote was unanimous.
The Board discussed and voted on whether or not to accept a Purchase and Sale
Agreement for the Hickory House property from King Pointe Marina, LLC. The
following individuals addressed the Board: Ron Miller, Ron Demes, Executive Director,
Naval Air Station - Key West; Diane Beruldsen, Sue Heim, and Pauline Klein. After
discussion, motion was made by Commissioner DiGennaro and seconded by
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Commissioner Spehar granting approval and authorizing execution of an Agreement for
Sale and Purchase between Momoe County and King Pointe Marina, LLC for the
Hickory House property. Roll call vote was taken with the following results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Greg C. Crum on property described as Lot 5,
Block 5, South Creek Village Subdivision, Key Largo, RE# 00467300.000000 in the
form of one (I) dwelling unit allocation award. There was no public input. Motion was
made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the
following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 048-2008
Said Resolution is incorporated herein by reference.
Public Hearings were held on the following five (5) items with no public input:
Resolution approving a request for Administrative Relief made by Gregory O. &
Diana A. Pardo on property described as Lot 10, Block 5, Largo Sound Village
Subdivision, Key Largo, RE# 00474780.000000 in the form of one (I) dwelling unit
allocation award.
RESOLUTION NO. 049-2008
Said Resolution is incorporated herein by reference.
Resolution approving a request for Administrative Relief made by Gregory O. &
Diana A. Pardo on property described as Lot 9, Block 3, Largo Sound Village
Subdivision, Key Largo, RE# 00474370.000100 in the form of one (I) dwelling unit
allocation award.
RESOLUTION NO. 050-2008
Said Resolution is incorporated herein by reference.
Resolution approving a request for Administrative Relief made by Gregory O. &
Diana A. Pardo on property described as Lot 10, Block 3, Largo Sound Village
Subdivision, Key Largo, RE# 00474370.000200 in the form of one (1) dwelling unit
allocation award.
38
RESOLUTION NO. 051-2008
Said Resolution is incorporated herein by reference.
Resolution approving a request for Administrative Reliefmade by Gregory O. &
Diana A. Pardo on property described as Lot II, Block 3, Largo Sound Village
Subdivision, Key Largo, RE# 00474370.000300 in the form of one (I) dwelling unit
allocation award.
RESOLUTION NO. 052-2008
Said Resolution is incorporated herein by reference.
Resolution approving a request for Administrative Reliefmade by Gregory O. &
Diana A. Pardo on property described as Lot 12, Block 3, Largo Sound Village
Subdivision, Key Largo, RE# 00474370.000400 in the form of one (I) dwelling unit
allocation award. Andrew Trivette, Growth Management Director discussed the items.
RESOLUTION NO. 053-2008
Said Resolution is incorporated herein by reference.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Spehar adopting the above Resolutions. Roll call vote was unanimous.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Relief made by Rene & Fradys Castillo on property described
as Lot 9, Block I, Lime Grove Estates Section I Subdivision, Key Largo, RE#
00485210.000000 in the form of one (I) dwelling unit allocation award. There was no
public input. Motion was made by Commissioner Spehar and seconded by
Commissioner DiGennaro to adopt the following Resolution. Roll call vote was
unanimous.
RESOLUTION NO. 054-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Reliefmade by Manuel & Kristine Barrios on property
described as Lot 3, Block I, Lime Grove Estates Section I Subdivision, Key Largo, RE#
00485140.000100 in the form of one (I) dwelling unit allocation award. There was no
public input. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro to adopt the following Resolution. Roll call vote was
unanimous.
RESOLUTION NO. 055-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Relief made by John & Cornelia Root on property described
as Lots II & 12, Block 7, Twin Lakes Subdivision, Key Largo, RE# 00548840.000000 in
39
the form of one (1) dwelling unit allocation award. There was no public input. Motion
was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt
the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 056-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Relief made by James A. Sample IV on property described as
Lot 5, Block 9, Largo Sound Park Subdivision, Key Largo RE# 00471940.000100 in the
form of one (1) dwelling unit allocation award. There was no public input. Motion was
made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the
following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 057-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a
request for Administrative Reliefmade by Jose 1. & Rebecca J. Zambrana on property
described as Lot 34, Block 4, Bluewater Trailer Village Section 4 Subdivision, Key
Largo, RE# 00489136.01800 in the form of one (I) 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. Roll call vote was
unanImous.
RESOLUTION NO. 058-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance modifying
Chapter 5.5, Article III, Monroe County Code concerning water-borne-craft, establishing
No Discharge Zone Regulations for waterborne craft, providing for repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing for an effective date. The Board accepted public
input with the following individual addressing the Board: DeeVon Quirolo, representing
Reef Relief. Motion was made by Commissioner DiGennaro and seconded by
Commissioner Murphy to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 009-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Department of Community Affairs an Ordinance amending Policies applicable to the
Educational Future Land Use Category ofthe Monroe County Year 2010 Comprehensive
Plan. The Board accepted public input with the following individuals addressing the
Board: Kay Thacker, School Board Member Duncan Matthewson; School Board
Chairman Steven Pribramsky; School Board Member John R. Dick; Diane Beruldsen,
40
School Board Member Debra Walker; Ron Miller, and Ed Swift. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
to adopt the following Resolution transmitting the Staff recommended Option Two (2)
Ordinance to the Department of Community Affairs. Andrew Trivette, Growth
Management Director discussed the item. Roll call vote was unanimous.
RESOLUTION NO. 059-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution transmitting to
the Department of Community Affairs an Ordinance amending Monroe County Year
2010 Comprehensive Plan Policies governing maximum densities for affordable and
workforce housing. The Board accepted public input with the following individuals
addressing the Board: Ed Swift, Ron Demes, Executive Director, Naval Air Station - Key
West; Ron Miller, and Diane Beruldsen. Andrew Trivette, Growth Management Director
discussed the item. After discussion, motion was made by Commissioner Spehar and
seconded by Commissioner DiGennaro to adopt the following Resolution, with the
changes read into the record by Mr. Trivette, as follows:
Page 4 - Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for
the future land use categories, which are shown on the Future Land Use Map and
described in Policies 101.4.1 - 101.4.17. However, the Maximum Net Densitv for
development or redevelopment parcels where the residential component constitutes
affordable. workforce or emplovee housing, as such housing may be defined by any local.
state or federal law or regulation. shall be calculated based upon the grOSS acreage or total
square footage of a parcel( s) developed as or redeveloped into such housing uses. thOllgH
lIjllllieaale ollen spaee, setbaek ana bllffering re'luiremef!ts shall be Rsherea to, eJ(eept
where a varianee, exeeptian ar eonditienal use otheFV:ise available URser the
COlHJlrehensive PI8fl ar Monroe CallHty Case has been grantea: [9J 5.006(3)(e)7].
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent No
Commissioner Spehar Yes
Mayor McCoy Yes
Motion carried.
RESOLUTION NO. 060-2008
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance adopting
amendments to the Monroe County Land Development Regulations to revise Section 9.5-
4 Entitled "Essential Services Personnel" and "Workforce Housing" adding definitions;
providing for severability and repeal of inconsistent provisions; providing effective date.
41
Motion was made by Commissioner Spehar and seconded by Commissioner DiGennaro
to continue the hearing to the BOCC meeting on March 19,2008 at 3:00 P.M. in
Marathon. Motion carried unanimously.
Commissioner Murphy excused herself from the meeting.
A Public Hearing to consider an amendment to the Land Development
Regulations for Momoe County concerning a lawfully established and equitably vested
resale price for deed restricted affordable housing; revising Section 9.5-4 to define the
lawfully established and equitably vested resale price to be applied to sale and resale
prices of deed restricted affordable housing. (Staff requests that this item be continued
to the March BOCC meeting in Marathon). Motion was made by Commissioner
Spehar and seconded by Commissioner DiGennaro to continue the hearing to the BOCC
meeting on March 19, 2008 at 3:00 P.M. in Marathon. Motion carried unanimously, with
Commissioner Murphy not present.
Commissioner Murphy returned to the meeting and took her seat.
A Public Hearing was held to consider adoption of a Resolution concerning the
Receipt of Unanticipated Funds (for a budget amendment of Fiscal Year 2008 Local
Housing Assistance Fund 153). There was no public input. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Spehar to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 061-2008
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex -officio Clerk to the
Board of County Commissioners
Momoe County, Florida
~JuJc ~J;1~
Isabel C. DeSantis, DePuty Clerk