08/15/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
20011239
Regular Meeting
Board of County Commissioners
Wednesday, August 15,2001
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
10:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were
Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Dixie
Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L.
Kolhage, 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 Williams and seconded by Commissioner Spehar
granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
ANNOUNCEMENTS
County Administrator James Roberts introduced Laurie McHargue, the County's new
Land Steward.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Williams
granting approval of the following items:
Board granted approval and authorized execution of the Certification Regarding
Lobbying Form; Certification Regarding Debarment Suspension, and other Responsibility
Matters Primary Covered Transactions Form; Florida Statutes on Public Entity Crime Form;
Florida Clean Indoor Air Act Form; and Certification Regarding a Drug-Free Workplace Form,
concerning the Contract with South Florida Employment & Training Consortium (SFETC) for
Jim Malloch to continue liaison representative duties.
Board granted approval and authorized execution of the Certification Regarding
Lobbying Form; Certification Regarding Debarment Suspension, and other Responsibility
Matters Primary Covered Transactions Form; Florida Statutes on Public Entity Crime Form;
Florida Clean Indoor Air Act Form; and Certification Regarding a Drug-Free Workplace Form,
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concerning the Contract with South Florida Employment & Training Consortium (SFETC)
concerning the Contract with MOlioe County Senior Community Service Employment Program
(SCSEP).
Board adopted the following Resolution for HCBS/Medicaid Waiver Referral (In Horne
Services and MOlioe County Bayshore Manor).
RESOLUTION NO. 280-2001
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution for HCBS/Medicaid Waiver Referral (In Horne
Services and MOlioe County Nutrition Program).
RESOLUTION NO. 281-2001
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment No.2 - Bayshore Manor
(AL4196) Food Contract between MOlioe County and G.A. Food Service, Inc. to renew Contract
for one additional year, January 1, 2002 through December 31,2002.
Board granted approval and authorized execution of Change Order No. 1 between
MOlioe County and Toppino's Inc. for the Parking Lots project at the Key West International
Airport.
Board granted approval to Advertise for a Request for Bids for a Jet A Fuel Farm pending
FDOT funding approval.
Board granted approval and authorized execution of a Contract Agreement Addendum
between MOlioe County and Ocean Reef Volunteer Fire Department, Inc. concerning the
assignment of medical equipment to the department.
Board granted approval and authorized execution of a Class A Emergency Medical
Services Certificate of Public Convenience and Necessity to Islamorada Village ofIslands - Fire
Rescue for the operation of ALS Transport Ambulance Service.
Board adopted the following Resolution authorizing the write-off of Metro Dade Air
Ambulance accounts receivable (in the amount of$203,777.80).
RESOLUTION NO. 282-2001
Said Resolution is incorporated herein by reference.
Board granted approval to purchase one cascade truck through "piggy-backing" bid of
Lake County, FL in the amount of $130,494 for a one Pierce Encore Air/Light truck with Ford
F500 Super duty chassis.
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Board granted approval to rescind their action of 3/21/2001 of a Consent to Assignment
of Household Hazardous Waste Collection Agreement with Laidlaw Environmental Services,
Inc. to Safety-Kleen, Inc.; and granted approval and authorized execution of an amended Consent
to Assignment of Household Hazardous Waste Collection Agreement between Monroe County
and Laidlaw Environmental Services, Inc. to Safety-Kleen (Bartow), Inc.
Board granted approval to award Public Works surplus equipment to the highest bidder.
Said list is incorporated herein by reference.
Board granted approval and authorized execution of a Memorandum of Understanding
between Monroe County and the Monroe County Sheriffs Office concerning bank deposits for
the Card Sound Toll Authority.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Guidance Clinic of the Middle Keys, Inc., increasing the
monthly routine maintenance charge for use of their wastewater treatment plant by the Marathon
Detention Facility, from $300 per month to $500 per month, retroactive to March 7,2001.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Sub-Zero, Inc. for the Preventative Maintenance Service Agreement for the
kitchen refrigeration equipment located at the Monroe County Detention Center in Key West.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Sub-Zero, Inc. for the Central Air Conditioning Maintenance and Repair for
the Lower Keys Facilities.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and the City of Marathon for the Use of the Meeting Room at the Marathon
Government Center, and the televising of Marathon Council Meetings.
Board granted approval of the monthly report on Change Orders reviewed by the County
Administrator.
Board granted approval of a Request for Qualifications to provide engineering services to
repair the bridges on Card Sound Road.
Board granted approval to use Transportation Impact Fees to reimburse the Gas Tax Fund
for eligible projects completed between October 1997 through September 2000.
Board granted approval to pave Marigold Drive in Eden Pines Colony Subdivision, Big
Pine Key.
Board granted approval of Change Order No. 1 between Monroe County and General
Asphalt Co., Inc. for Little Torch Roads III, in the increased amount of$83,520.40.
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Board granted approval to rescind the Contract awarded to Florida Concrete Restoration
for the Marathon Library Repair project for $92,700.00 and award the bid and enter into a
Standard Form of Agreement between Monroe County and TPE Structures, Inc., for the base bid
and Alternates A, B & C in the amount of $95, 1 02.00.
Board authorized the County Administrator or his designee to accept Local Law
Enforcement Block Grant award via Internet as required by U.S. Department of Justice, Bureau
of Justice Assistance.
Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of
Unanticipated Funds, Rescinding, and Amending Resolutions:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 283-2001
Said Resolution is incorporated herein by reference.
Rescind Resolution No. 207-2001 (OMB Schedule Item No.2).
RESOLUTION NO. 284-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 285-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 286-2001
Said Resolution is incorporated herein by reference.
Amending Resolution No. 230-2001 (OMB Schedule Item No.5).
RESOLUTION NO. 287-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 288-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 289-2001
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 290-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 291-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 292-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 293-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 294-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 295-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 296-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 297-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 298-2001
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 299-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 300-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 301-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 302-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 303-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 304-2001
Said Resolution is incorporated herein by reference.
Board granted approval to advertise for a budget amendment to the Group Insurance
Fund, #502 and to the Lower and Middle Keys Fire & Ambulance District, Fund #141.
Board granted approval to award bid and authorized execution of a Risk Management,
Employee Benefits & Workers Compensation Consulting Agreement between Monroe County
and Interisk Corporation.
Board granted approval of Worker's Compensation Settlement in the amount of
$31,200.00 for claim number 986379-LFE for date of accident 7/13/97.
Board granted approval of Worker's Compensation Settlement in the amount of
$136,348.00 for claim number 9982161-LFE for dates of accident 12/28/98 and 2/1/96.
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Board granted approval to remove surplus equipment from inventory via
disposal/destruction/trade in and advertising for bids and accepting bids. Said list is incorporated
herein by reference.
Board granted approval of a Purchase Order to BellSouth to provide all equipment, labor
and materials to upgrade the phone switch gear at the Key West Courthouse Annex and the
Public Service Building on Stock Island, and to move the switchboard operators from Jackson
Square to the Gato Building.
DIVISION OF PUBLIC WORKS
Board granted approval of Disaster Relief Corporation (DRC) as the bidder to provide
pre-positioning services for storm emergencies for the County.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval and authorized execution of Contract for Local Police Services
between Monroe County, Monroe County Sheriffs Office and the City of Layton.
Board granted approval of the following Request for Expenditures from the Law
Enforcement Trust Fund, in the total amount of$35,012.19:
$5,000.00 This amount will go towards registration and uniforms for underprivileged
children to participate in the Key West Junior Football League.
$2,500.00 This amount will go towards the cost of airfare for the Key West High
School Cheerleaders to travel to Dallas, Texas to participate in the National Cheerleading
Association High School National Competition.
$5,000.00 This amount will go towards a sponsorship to be used towards renovations
for a special needs building within Poinciana Housing for the Samuel's House.
$22,512.19 This amount will go towards equipment necessary for the Monroe County
Sheriffs Office S.W.A.T. Team.
Board granted approval of the request to remove items under $750, which total
$729,087.82, based on the capitalization threshold being increased from $500 to $750 pursuant
to Florida Statute 274.02.
MONROE COUNTY JUDICIAL SERVICES
Board granted approval and authorized execution of a Grant-in-aid Agreement for the
Civil Traffic Infraction Hearing Officer Program between Monroe County and the Office of the
State Courts Administrator for continuation of the civil traffic infraction hearing officer program
in Monroe County.
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COMMISSIONERS' ITEMS
Board granted approval for Commissioner Charles "Sonny" McCoy to replace Mayor
George Neugent's appointment to the Florida Keys Marathon Airport Master Plan Advisory
Committee and the Key West Airport Master Plan Study Group which Commissioner Spehar
presently sits.
Board adopted the following Resolution requesting federal review for the purpose of
retaining station designation for Key West Naval Air Station, Key West, Florida.
RESOLUTION NO. 279-2001
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution in recognition of the late Louisa Delaney Parks.
RESOLUTION NO. 305-2001
Said Resolution is incorporated herein by reference.
COUNTY CLERK
WARRANTS
Board approved the following Warrants (#51884-53139 & 201069-201228):
General Fund (001), in the amount of$1,773,679.14; Sup to General Revenue (002),
in the amount of $9,470.43; Fine & Forfeiture Fund (101), in the amount of$105,957.51;
Road and Bridge Fund (102), in the amount of$423,038.04; Law Library Fund (103), in the
amount of$805.00; TDC District Two Penny (115), in the amount of$235,156.76; TDC
Admin & Promo 2 Cent (116), in the amount of$369,854.24; TDC District 1,3 Cent (117), in
the amount of $226,689.22; TDC District 2,3 Cent (118), in the amount of$12,110.89; TDC
District 3,3 Cent (119), in the amount of$27,417.53; TDC District 4,3 Cent (120), in the
amount of $65,499.43; TDC District 5,3 Cent (121), in the amount of$73,802.93; Gov. Fund
Type Grants (125); in the amount of$234,818.45; Impact Fees Fire and EMS (135), in the
amount of$3,600.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$81,920.81;
Translator System Svc Dst (142), in the amount of$18,498.98; Upper Keys Health Care
(144), in the amount of$6,287.60; Fire & Amb Dist 6 Key Largo (146), in the amount of
$31,268.01; Uninc Svc Dist Parks & Rec (147), in the amount of$50,070.91; Plan, Build,
Zoning (148), in the amount of$168,064.01; Municipal Policing (149), in the amount of
$441,147.90; 911 Enhancement Fee (150), in the amount of$13,541.08; Duck Key Security
(152), in the amount of$5,104.00; Local Housing Assistance (153), in the amount of
$23,665.00; Boating Improvement Fund (157), in the amount of$9,252.88; Misc. Special
Revenue Fund (158), in the amount of $2,670.27; FL Keys Marine Marathon (159), in the
amount of$15,619.38; 1 Cent Infra Surtax (304), in the amount of$37,987.58; Clerks Rev
Note, Capital (306), in the amount of$114,805.64; Card Sound Bridge (401), in the amount of
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$3,647.24; Marathon Airport (403), in the amount of$85,442.86; Key West Inti Airport
(404), in the amount of$1,024,117.54; MSD Solid Waste (414), in the amount of$990,697.51;
Worker's Compensation (501), in the amount of$4,685.10; Group Insurance Fund (502), in
the amount of$217,234.28; Risk Management Fund (503), in the amount of$84,924.37; Fleet
Management Fund (504), in the amount of$68,956.17; Law Enforcement Trust Fund (600),
in the amount of$27,602.58.
FINES & FORFEITURES
Court Reporter Services, Accurate Reporting & Video, in the amount of$338.73; All
Keys Reporting, in the amount of$3,740.10; Amy Landry Reporting, in the amount of$848.50;
Associated Court Reporters, in the amount of$4,676.25; Bickford & Melton Reporting, in the
amount of $234.40; Cheryl McDonough, in the amount of$46.45; Esquire Deposition Service, in
the amount of $533.40; Eyal Court Reporting, in the amount of $268.70; Florida Keys Reporting
Inc., in the amount of$1,060.75; Goldman, Naccarato, Patterson Reporting, in the amount of
$195.25; Martin B. Leshaw, in the amount of$494.50; Momoe County Court Reporting, in the
amount of$135.00; Professional Shorthand Reporting, in the amount of$479.79; Robins
Reporting Service, in the amount of$165.75; Wendy Warren, in the amount of$1,902.00.
Competency Evaluation, Betty Powell MD, in the amount of$450.00; Deborah A. Harrison
PHD, in the amount of$350.00; Fredrick L. Covan PHD, in the amount of$500.00; James W.
Holbrook EDD, in the amount of$1,050.00; Leslie Morgan PHD, in the amount of$300.00;
Marshall Wolfe EDD, in the amount of$1,050.00; Pamela A. Strother LCSW, in the amount of
$350.00; Tanju Mishara PHD, in the amount of$350.00; Thomas Hibberd PHD, in the amount
of$350.00. Court Interpreter, Alex Diaz, in the amount of$190.00; Ana M. Stults, in the
amount of$190.00; Basia Dziewanoski, in the amount of$65.00; Boryana Shipman, in the
amount of$90.00; Claudia M. Hancock, in the amount of$355.00; Dana Bdjdova, in the amount
of$35.00; Estrella Garcia, in the amount of$235.00; Grace Connors; in the amount of$235.00;
Jacob Zucker, in the amount of$25.00; Jean C. Nelson, in the amount of$720.00; Jenine
Guillette, in the amount of$25.00; Joanna Nocun, in the amount of$25.00; Luz H. Ballesteros
Andrade, in the amount of$50.00; Martha Hernandez, in the amount of$165.00; Mary Lou
Waas, in the amount of$340.00; Sergio Alvarez, in the amount of$187.50. Witness
Coordination, Witness Payroll, in the amount of$185.00; Misc. Witness Expenses, in the
amount of $21 0.00; Witness Travel & Per Diem, in the amount of $3,842.35. Other Services
Circuit, Investigative Support Specialist, in the amount of$40.00; James T. Nunn, in the amount
of $239.40; Joshua Blacksten, in the amount of$506.80; Key West Travel/Condo/Kuypers, in the
amount of$259.50; State of Florida/Traad, in the amount of$937.18; State of Florida, in the
amount of$850.65; William Kuypers, in the amount of$226.78.
Board granted approval of the following Tourist Development Council Expenditures for
the month of July 2001: Advertising, in the amount of$623,256.81; Bricks & Mortar Projects,
in the amount of$15,327.04; Chamber Payments, in the amount of$7,750.00; Events, in the
amount of$112,412.28; Office Supplies & Oper Costs, in the amount of$164,350.72; Public
Relations, in the amount of$42,377.08; Sales & Marketing, in the amount of$28,596.56;
Telephone & Utilities, in the amount of$13,549.02; Travel, in the amount of$2,541.49.
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Board granted official approval of the Board of County Commissioners minutes from the
Regular meetings of June 20 and June 21,2001.
COUNTY ADMINISTRATOR
Board granted approval of the re-appointment of Jim Malloch, Dr. William Seeker, and
Gail Killian to the Jobs & Education Partnership (JEP) Board.
Board granted approval and authorized execution of a Memorandum of Agreement
between Monroe County and the State of Florida, Department of State, Division of Elections for
upgrades to or purchase of tabulation equipment.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Transfer of Restoration Obligation
Agreement between Monroe County and Metro-Goldwyn-Mayer Pictures, Inc. and John and
Wendy Moore from responsibility to restore property to pre-movie set conditions or demolish
structure, transferring the obligation to the property owner.
Board granted approval and authorized execution of 3 Quit Claim Deeds transferring to
the City of Marathon Boot Key Marina, the County-owned portion of Boot Key Harbor, and the
Marathon Community Park - Phase II, as well as the obligations under an Agreement between
Monroe County and the Marathon Economic Development Council concerning the Marina.
Board granted approval and authorized execution of a Lease Amendment between
Monroe County and the Department of Juvenile Justice for a Juvenile Detention Facility.
Board granted approval to advertise an Ordinance amending Section 2-15.1 (b), Monroe
County Code, in order to change the Department Title of Civil Defense to Emergency
Management; authorizing the Sheriff to declare a state of local emergency; 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.
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of an alleyway between Lignum
Vitae Drive and Mahogany Drive, Pamela Villa Subdivision, Key Largo, Florida.
RESOLUTION NO. 306-2001
Said Resolution is incorporated herein by reference.
Board granted approval to advertise an Ordinance prohibiting parking on County Roads
during certain times for the purposes of street cleaning; providing that parking prohibition for
street cleaning purposes is not effective until official signs stating the parking prohibition have
been in place for thirty days; providing for penalties; providing for severability; providing for the
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repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
Board granted approval to advertise an Ordinance amending Chapter 15.5, Monroe
County Code; providing for creation of decentralized wastewater management; providing for
applicability; providing for replacement of on-site sewage treatment and disposal systems
(OSTDS) in cold spots; providing for fees; providing for enforcement; providing for severability;
providing for incorporation into the Monroe County Code of Ordinances; and providing for an
effective date.
Board granted approval to advertise an Ordinance relating to the provision of water and
wastewater services, facilities, and programs by the Florida Keys Aqueduct Authority in Monroe
County, Florida; requiring connection to Florida Keys Aqueduct Wastewater Facilities when
available; providing for definition of "on-site sewage treatment disposal systems" and other
definitions; providing for wastewater facilities use and pretreatment of wastewater; providing for
enforcement, providing for severability; and providing an effective date.
Board granted approval to advertise an Ordinance containing an amended mandatory
connection Ordinance and new Ordinance regulating sewage treatment and stormwater.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Peter Horton, Key West Airport Manager and Stan Brown, representing Florida Air
addressed the Board concerning approval for Sunrise Airlines, Inc., operated by Florida Air, to
commence operations at the Key West International Airport. After discussion, motion was made
by Commissioner Williams and seconded by Mayor Neugent to table to the next Marathon
meeting. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item with the Board concerning approval to adopt
the recommended Federal and State match for the Key Largo Wastewater Project. The following
individuals addressed the Board: Joe Harris, Jerry Wilkinson, and Charles Brooks. Motion was
made by Commissioner Nelson and seconded by Mayor Neugent granting approval of a
commitment by the Board of County Commissioners to adopt the recommended Federal and
State match of approximately $34 million for the Key Largo Wastewater Project which would
also include possible funding for Ocean Reef. Roll call vote was taken with the following
results:
Commissioner McCoy No
Commissioner Nelson Yes
Commissioner Spehar Yes
Commissioner Williams No
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Mayor Neugent
No
Motion failed. Motion was then made by Commissioner Williams and seconded by
Commissioner McCoy indicating that Key Largo Wastewater Project is the first priority for
funding and that the Board of County Commissioners is committed to ensure reasonable costs for '*
every home and business. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson No
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor Neugent Yes
Motion carried.
Commissioner Nelson discussed his item with the Board for approval of appointment of
the District V Commissioner to be the liaison to the Monroe County Board of County
Commissioners in all matters regarding the Key Largo Wastewater Proj ect. Joe Harris addressed
the Board. No official action was taken by the Board.
Commissioner Nelson discussed his item with the Board requiring all new bidders of the
Key Largo/Tavernier Wastewater System to include an add-deduct for wastewater reuse. Motion
was made by Commissioner Nelson and seconded by Commissioner Williams to table the item to
the September 11,2001 Board meeting scheduled for Marathon. Motion carried unanimously.
COUNTY ATTORNEY
Attorney Bob Nabors of the firm Nabors & Giblin addressed the Board concerning
approval of a resolution ratifying request for Key Largo Wastewater Treatment System( s)
proposals, directing and scheduling staff evaluation of proposals, reserving decision making
authority to the Board of County Commissioners, rescinding references to evaluation by others,
reconfirming entitlement to update cost proposals, finding potential diminution or loss of
funding, and providing an effective date. The following individuals addressed the Board: Bob
Feldman, General Counsel of the Florida Keys Aqueduct Authority; Joe Harris, Jerry Wilkinson,
and Doris Kendal1. Van Cadenhead addressed the Board on the previous agenda item (L.11)
requiring all new bidders of the Key Largo/Tavernier Wastewater System to include an
add-deduct for wastewater reuse. During discussion, motion was made by Commissioner
Williams and seconded by Commissioner Spehar to amend the Board's previous action of tabling
agenda item L.11 from September 11,2001 in Marathon to September 12,2001 at the Key Largo
Library at 1:30 P.M. Motion carried unanimous. Mr. Nabors addressed the Board. No official
action is taken; However, further action is taken later in the meeting.
*
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Prior to the District #1 Board of Governors meeting, the Board discussed the confusion in
the record concerning the appointment of a Commission member to the District 1 Fire and
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Ambulance Special Taxing District Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Williams to appoint Commissioner McCoy to serve on
the District 1 Fire and Ambulance Special Taxing District Board. Motion carried unanimous.
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
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"
McCoy, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams,
and Chairperson Yvonne Harper.
Public Safety Director, Reggie Paros addressed the Board. Motion was made by Mayor
Neugent and seconded by Commissioner McCoy to adopt the following Resolution authorizing
the write off of EMS Ambulance Accounts Receivable (in the total amount of $2,413,601.46).
Roll call vote was unanimous.
RESOLUTION NO. 307-2001
Said Resolution is incorporated herein by reference
Mayor Neugent discussed the level of service on Big Pine Key, the proposed County
budget and Staff cutbacks.
There being no further business, the meeting of the Board of Governors of District # 1
Lower and Middle Keys Fire and Ambulance District adjourned.
*
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The Board of County Commissioners reconvened with all Commissioner present.
SOUNDING BOARD
H. T. Pontin addressed the Board concerning jurisdiction.
Lucy Given and David Asdourian addressed the Board concerning leasing two properties
from the County, Sunset Park and Bay Drive Beach Access.
Rick Trout, Kyle Lance, Dr. Janet Whaley, representing Marine Mammal Strandings;
Russ Rector, representing the Dolphin Freedom Foundation; Denise Jackson, representing
Florida Keys Marine Mammal Rescue Team; and December Lauretano, representing Marine
Mammal Conservancy; addressed the Board concerning ongoing efforts to improve Dolphin
Rescue in Monroe County.
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COMMISSIONERS' ITEMS
Teresa Walker, President of the Big Pine Athletic Association and Elizabeth Madisetti,
Executive Director of the Blue Heron Park addressed the Board. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner McCoy to fund the Big Pine
Athletic Association in the amount of $40,000 for Fiscal Year 2001-2002. Roll call vote was
unammous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Ordinance
021-2001, in order to revise the pets allowed area of Harry Harris Park in Tavernier; Providing
for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Momoe County Code of Ordinances; and Providing an effective date. The
Board accepted public input with the following individual addressing the Board: Ginette
Hughes. Motion was made by Commissioner Williams and seconded by Commissioner Spehar
to adopt the following Ordinance. Roll call vote was unanimous.
*
ORDINANCE NO. 030-2001
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance amending Section
13.5-5, Momoe County Code, Providing for limitations on size of boats admitted to Harry Harris
Park; Limiting trailer parking in Harry Harris Park and raising the boat ramp fee at Harry Harris
Park; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Momoe County Code of Ordinances; and Providing an
effective date. The Board accepted pubic input with the following individuals addressing the
Board: Ken Nedimyer, Pete Garcia, and Jerry Wilkinson. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner McCoy to table the item. Roll call vote
was unanImous.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item with the Board concerning approval to direct
Staffto amend the Land Development Regulations to place a zoning overlay on Stock Island
regarding fence heights. The following individuals addressed the Board: Orin Opperman,
representing the Stock Island Business & Homeowners Association; Nancy Hillman, and Mary
K. Coughlin. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Williams granting approval to direct staff to amend the Land Development
Regulations to place a zoning overlay on Stock Island regarding fence heights. Motion carried
unanimously.
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DIVISION OF COMMUNITY SERVICES
Community Services Director James E. Malloch, and Social Services Director Louis
LaTorre addressed the Board concerning Agenda item D2: Health Care Responsibility Act
(HCRA) In-County Hospital Reimbursement; and Agenda item D3: Health Care Responsibility
Act (HCRA) request for reduction of calculation ofHCRA County obligation. After discussion,
motion was made by Commissioner Nelson and seconded by Mayor Neugent granting approval,
per Staff Recommendation, of Agenda item D2: Staff (Social Services Director and County
Legal Department, Suzanne Hutton), reviewed the obligation ofHCRA funds for In-County
Hospital Reimbursements. Staff strongly recommends that it is in the best interest of the County
that funds that are currently allocated for HCRA be utilized for use of out-of-County HCRA
cases. It is in the best interests of the County and in-county hospitals using these funds for
medical cases that cannot be handled in Monroe County; and Agenda item D3: The County has a
choice of remaining under the Statutes as is or agreeing to go with the new amended rules. Staff,
the Social Services Director and Legal staff, Suzanne Hutton have reviewed this issue thoroughly
and strongly recommend that it is in the best interest of the County that they remain with the
option to stay under the current rule and not under the new amended rule. We request the County
not agree to this new amended change. If the Board agrees with staff, we will notify the HCRA
Agency that Monroe County will remain under the old rules. During discussion, the motion was
withdrawn. Motion was then made by Commissioner Nelson and seconded by Mayor Neugent
granting approval per Staff Recommendation of Agenda item D3 only and table Agenda item D2.
Motion carried unanimously.
Commissioner McCoy excused himself from the meeting.
COMMISSIONERS'ITEMS
Commissioner Williams discussed her item with the Board concerning approval of
Intergovernmental Task Force Readiness to Proceed document, and approval of distribution
formulation for the allocations agreed to among the municipal governments for wastewater
funding. After discussion, motion was made by Commissioner Williams and seconded by Mayor
Neugent granting approval of the item. Roll call vote was taken with the following results:
Commissioner Nelson No
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor Neugent Yes
Motion carried.
Commissioner McCoy returned to the meeting.
FLORIDA KEYS AQUEDUCT AUTHORITY
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Roger Braun, Executive Director of the Florida Keys Aqueduct Authority addressed the
Board concerning adoption of a Resolution authorizing payment to the Florida Keys Aqueduct
Authority (FKAA) for direct FKAA expenses incurred in the contract negotiations with Ogden
Waster Systems, Inc. to Design/Bui1d/Operate a wastewater treatment facility in Key Largo; and
providing an effective date. After discussion, motion was made by Commissioner Williams and
seconded by Commissioner Nelson to table the item until expenses are reviewed by the Clerk and
he reports back to the Board. Motion carried unanimously.
COUNTY ATTORNEY
County Attorney James T. Hendrick discussed the Board of County Commissioners'
Agreement with the Florida Keys Aqueduct Authority concerning the Little Venice Project. No
official action was taken by the Board.
The Board discussed approval of a Resolution ratifying request for Key Largo
Wastewater Treatment System(s) proposals, directing and scheduling staff evaluation of
proposals, reserving decision making authority to the Board of County Commissioners,
rescinding references to evaluation by others, reconfirming entitlement to update cost proposals,
finding potential diminution or loss of funding, and providing an effective date. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams
to table the item to the September 12,2001 Board meeting in Key Largo at 1 :30 P.M. Motion
carried unanimously.
PUBLIC HEARINGS
The continuation of a Public Hearing was held concerning adoption of an Ordinance
amending the Monroe County Code by adding Section 9.5-124, Non-Residential Rate of Growth
Ordinance (NROGO); Providing for Severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for the incorporation into the Monroe County Code of
Ordinances; Directing the Clerk of the Court of the Board to forward a certified copy of this
Ordinance to the Florida Department of Community Affairs, and providing an effective date.
The Board accepted public input with the following individuals addressing the Board: Richard
Lancaster, representing the Island of Key Largo Federation of Homeowner Associations; Barry
Patterson, and Jill Patterson. Motion was made by Commissioner Williams to adopt the
Ordinance. During discussion, the motion was withdrawn. Motion was then made by
Commissioner Williams and seconded by Commissioner Nelson to continue to the next
Marathon meeting at 5:00 P.M. Motion carried unanimously.
The first of two Public Hearings was held concerning approval of an Ordinance to adopt
an amendment to Chapter 9.5 Article VII, Division 6 Wireless Communications Facilities of the
Monroe County Code. Growth Management Director Tim McGarry and Tyson Smith,
representing the firm of Freilich, Leitner & Carlisle addressed the Board. The Board accepted
public input with the following individuals addressing the Board: Barbara Smith, Phil McGann,
Nicholas W. Mu1ick, Esq., representing Industrial Communications, Inc.; Dennis Henize,
representing Citizen's Tower Ordinance Study Group; Tina Henize, Casey Lott, representing the
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National Audubon Society; and Joel Day. After discussion, motion was made by Commissioner
Williams and seconded by Mayor Neugent to continue to the next Marathon meeting at 5:00
P.M. Motion carried unanimously.
Commissioner Williams excused herself from the meeting.
DIVISION OF PUBLIC WORKS
John Albert, representing Waste Management, and Mr. Roberts addressed the Board.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner
Spehar granting conceptual approval of an amended haul out agreement between Monroe County
and Waste Management. Motion carried unanimously, with Commissioner Williams not present.
There being no further business to come before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
By: ~~c.. ~arvdiV
Isabel C. DeSantis, Deputy Clerk