05/16/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
20011137
Regular Meeting
Board of County Commissioners
Wednesday, May 16, 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 James
Roberts, County Administrator; James T. Hendrick, County Attorney; Isabel C. DeSantis, Clerk;
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 Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 20 years of service to Robert Beck, Senior
Inspector, Key Largo, Growth Management Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Yamien Joulwan, Card Sound Toll Authority, Public Works Division.
Presentation of Certificates of Appreciation to the Key Largo Fire Department's Vehicle
Extrication Team competing in the 2001 Southeast Regional Vehicle Extrication Competition
achieving the Sixth Place Overall Award.
Presentation of Mayor's Proclamation observing the week of May 20-26,2001 as
"Emergency Medical Services Week".
Presentation of Mayor's Proclamation designating the month of May as "Older Americans
Month" .
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BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Spehar
granting approval of the following items:
Board granted approval to remove surplus equipment from inventory via
disposaVdestruction and advertising for bids and accepting bids and approval to award surplus to
the highest bidder.
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement, Contract No. AK043, between Monroe County and the Florida
Department of Transportation for Planning Studies.
Board granted approval and authorized execution of the E911 Phase I - Service Order
Form between Monroe County and Cingular Wireless LLC for compliance with the Federal
Communications Commission (FCC) requirements for E911 Wireless Phase I implementation in
Florida.
Board granted approval to terminate Agreement between Monroe County and Robert 1.
Nelms, Jr., MD, District Sixteen Medical Examiner, effective June 1,2001.
Board granted approval and authorized execution of a Vegetative Waste and Hurricane
Debris Lease Agreement between Monroe County and Stuart Marr concerning vacant land to
temporarily store vegetative waste and hurricane debris, if needed, due to a hurricane or disaster.
Board granted approval and authorized execution ofa Vegetative Waste and Hurricane
Debris Lease Agreement between Monroe County and Vincent Grandelli concerning vacant land
to temporarily store vegetative waste and hurricane debris, if needed, due to a hurricane or
disaster.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Catholic Charities of Archdiocese of Miami for 682 square feet of storage space
within the warehouse located at the Key Largo Recycling Yard.
Board granted approval to waive $150.00 fee for use of County Road by Summerland
Cove Civic Association who is planning a Memorial Day Party on Lagoon Drive on May 28th,
2001, from 2 p.m. to midnight.
Board granted approval to waive facility usage fee policy structure as requested by the
AARP who is sponsoring the Tax Counseling for the Elderly Program at the Marathon
Government Center EOC meeting room for five (5) days in January, 2002.
Board granted approval to advertise for bids for beach cleaning and maintenance services
at Higgs Beach, Veterans Park, and Harry Harris Park.
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Board granted approval of monthly report on Change Orders reviewed by the County
Administrator.
Board granted authorization to issue two (2) Purchase Orders to Exeter Architectural
Products, Inc. for hurricane shutters for the following projects: (1) Tavernier Fire Station for
$41,730.00 and (2) Key West International Airport for $107,364.00.
Board granted authorization to issue a Purchase Order to Exeter Architectural Products,
Inc. in the amount of$158,057.00 for shutters for the Old Courthouse, and to rescind Purchase
Order to Hurricane Protection Industries, Inc.
Board granted approval of a Purchase Order to Impact Recovery Systems, Inc. not to
exceed $65,000 for the purchase of channelization markers and signs to implement the Interim
Hurricane Evacuation Traffic Management Plan for Monroe County and approval to waive
purchasing policies and procedures.
Board granted approval and authorized execution of a Quit Claim Deed of an unnamed
road in Cross Key from Monroe County to Florida Keys Mosquito Control District. The road is
currently closed and serves no purpose.
Board granted approval to award bid and authorized execution ofa Standard Form of
Agreement between Monroe County and Florida Concrete Restoration for the base bid plus
Alternates A, B & C for the Marathon Library Repair project in the amount of $92,700.
Board granted approval ofa Purchase Order to Burkhard's Tractor & Equipment, Inc. or
lower vendor, in an amount not to exceed $35,000, for the purchase of three trailers to implement
the Interim Hurricane Evacuation Traffic Management Plan for Monroe County and approval to
waive purchasing policies and procedures.
Board granted approval to award bid and authorized execution of a Standard Form of
Agreement between Monroe County and Pavex Corporation in the amount of $499,472.45 for
Ramrod Key Roads II.
Board granted approval and authorized execution of the State of Florida Commission for
the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe
County and Community Transportation Coordinator, The Guidance Clinic of the Middle Keys
serving as the Community Transportation Coordinator for the State of Florida (Contract Year
01/01/01-06/3 % 1 ).
Board granted approval and authorized execution of Amendment 002 to Contract KZ097
to Alzheimer's Disease Initiative Contract between Alliance for Aging, Inc., and the Monroe
County Board of County CommissionerslMonroe County Social Services (Monroe County In
Home Service Program, the Case Management Agency).
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Board granted approval and authorized execution of Amendment 003 to Contract
KS-OI12 to Home and Community Based Medicaid Waiver Spending Authority between Alliance
for Aging, Inc., and the Monroe County Board of County CommissionersIMonroe County Social
Services (Monroe County In Home Service Program, the Case Management Agency).
Board adopted the following Resolution authorizing the submission of a Grant Application
to the Florida Department of Law Enforcement for the FY 01/02 Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Program.
RESOLUTION NO. 180-2001
Said Resolution is incorporated herein by reference.
Board granted approval to advertise Request for Proposals for Risk Management,
Employee Benefits, and Workers Compensation Consulting Services, including
Insurance/Self-Insurance Programs.
Board granted approval and authorized execution of a Agency Membership Agreement
between Monroe County and DemandStar by Onvia at no charge to Monroe County.
Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds,
Transfer of Funds, and Rescinding Resolutions:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 181-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 182-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 183-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 184-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 185-2001
05/16/01
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 186-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 187-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 188-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 189-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 190-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 191-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 192-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 193-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 194-2001
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Said Resolution is incorporated herein by reference.
Rescind Resolution No. 124-2001 (OMB Schedule Item No. 15).
RESOLUTION NO. 195-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 196-2001
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 197-2001
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 198-2001
Said Resolution is incorporated herein by reference.
range.
Board granted approval to spend police facility impact fees to purchase a mobile firing
Board granted approval and authorized execution of a Engagement Letter between
Monroe County and KPMG LLP to update the Fiscal Year 2001 Full Cost Allocation Plan and
the OMB A-87 Cost Allocation Plan.
Board granted approval to continue on a month-to-month basis the Management
Agreement between Monroe County and Upper Keys Family YMCA at the Key Largo Park.
Board granted approval and authorized execution of the Third Amendment to Lease
Agreement between Monroe County and Conch Cruisers, Inc., to increase the rent by $1,162 per
month to cover the cost of the County providing janitorial services and opening and closing the
public restrooms.
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
(for the Summer Youth Employment Program).
RESOLUTION NO. 199-2001
Said Resolution is incorporated herein by reference.
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REVISION
2001/143
AIRPORTS
Board granted approval and authorized execution of a two year Lease Agreement
Marathon Airport between Monroe County and Federal Express Corporation at the Marathon
Airport.
Board granted approval and authorized execution of a Lease Amendment between Monroe
County and Mountain Air Cargo, Inc., to extend Lease term an additional year.
Board granted approval and authorized execution of an Agreement between Monroe
County and Synagro Southeast, Inc. to provide operation and maintenance of sewer treatment
plant at the Florida Keys Marathon Airport.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of expenditures from the Law Enforcement Trust Fund in the *
total amount of$15,155 for the following items:
$1,000 This will be used to send four Key West High School football lineman to the
Down and Dirty Lineman Camp in Lakeland, Florida this June and July. Greg Kremer, Head
Football Coach, is an instructor at the camp. Coach Kremer will accompany the boys and oversee
their progress.
$7,000 This sum will be split between the Marathon Middle and High School golf and
tennis teams. Each sport fields over 20 students. The funds will be used for equipment,
transportation by school bus, and rackets and clubs for students unable to afford them.
$3,655 This sum will be used for the Conch Republic Amateur Wrestling Club to buy
equipment and send young wrestlers to summer tournaments in Florida as well as the Southeast
Coach's Tournament in Alabama.
$1,000 This will be used by the Southernmost Branch of the National Association of
Letter Carriers to purchase reusable street banners calling for contributions to their annual food
drive. Donated food will be distributed to food banks and other locations for distribution to the
needy.
$2,500 This sum will be used by the Educational Coalition for Monroe County to help
fund a summer theater program for students ages 12 through 18. *
MONROE COUNTY HOUSING AUTHORITY
Board granted approval of the Monroe County Local Housing Assistance Plan which was
inadvertently left off of the previously approved Resolution 161-2001 which was approved at the
April 16, 2001 meeting.
COMMISSIONERS' ITEMS
Board granted approval to spend roadway impact fees to develop a Master Plan for Scenic
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Highway Improvements and projects for the purpose of preserving and interpreting the scenic
natural and historic resources in the corridor.
Board adopted the following Resolution agreeing in principle to transfer a portion of
Monroe County's site at Long Key to the Florida Keys Aqueduct Authority for use as a central
wastewater treatment facility for the City of Layton and any surrounding area of unincorporated
Monroe County and directing Monroe County Staff to work with FKAA, the City, Waste
Management, Inc., and the state regulatory agencies, to identify an appropriate portion of the site
suitable for a wastewater treatment facility.
RESOLUTION NO. 200-2001
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Nelson's appointment of Tricia Hynes to the
Human Services Advisory Board.
Board granted approval to direct Marine Resources to place "No Wake" signs at the
entrance to Dove Creek and "No Motoring Zone" signs in the Dove Creek area.
Board granted approval of Commissioner Spehar's appointment of Nancy Klingener as the
District I appointee to the Monroe County Marine & Port Advisory Committee, which was
recently vacated by Bruce Irwin, fulfilling the term of Tim Daniels.
Board granted approval and authorized execution of a Memorandum of Understanding
and Certificate of Transfer between Monroe County and the Florida Fish and Wildlife
Conservation Commission regarding the acquisition of the USS Spiegel Grove from the United
States Department of Transportation for use as an artificial reef
Board adopted the following Resolution in support of South Florida Regional Planning
Council applying for and accepting designation as a U.S. Economic Development Administration
Economic Development District.
RESOLUTION NO. 201-2001
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution to commemorate William 1. "Spud" and Violet
Kemp Albury, longtime Tavernier residents, both who recently passed away. Mr. and Mrs.
Albury were both born and raised in the Keys, of pioneering families.
RESOLUTION NO. 202-2001
Said Resolution is incorporated herein by reference.
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COUNTY CLERK
FINES & FORFEITURES
Court Reporter Services, All Keys Reporting, in the amount of$424.25; Amy Landry, in
the amount of$26.25; Associated Court Reporters, in the amount of$I,664.55; Brown & Toleu
LTD Court Reporters, in the amount of$413.45; Cheryl McDonough, in the amount of $784.00;
Esquire Deposition Service, in the amount of $583.15; Goldman, Naccarato, Patterson & Vela, in
the amount of$117.18; Martin B. Leshaw, in the amount of$132.50; Monroe County Court
Reporters, in the amount of$I,51O.80; Robins Reporting Service, in the amount of$2,193.75;
Wendy L. McGarry, in the amount of$I,474.25. Competency Evaluation, A. Louis Oconnor
PHD, in the amount of$350.00; International Assessment, in the amount of$525.00; James W.
Holbrook EDD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of
$130.00; Ana M. Stults, in the amount of$190.00; Claudia M. Hancock, in the amount of
$150.00; Estrella Garcia, in the amount of$137.50; Gilbert D. Mora, in the amount of$140.00;
Jean C. Nelson, in the amount of$210.00; Jenine Ouillette, in the amount of$25.00; Jiri Dolezal,
in the amount of$155.00; Martha Hernandez, in the amount of$$125.00; Mary Lou Waas, in the
amount of$182.62; Sergio Alvarez, in the amount of$75.00. Witness Coordination, Witness
Payroll, in the amount of$190.00; Witness Travel & Per Diem, in the amount of$5,350.72.
Extraditions, Monroe County Sheriffs Department, in the amount of$7,649.65. Expert
Witness Expenses, CES Consulting Inc., in the amount of$30.00; Dr. Charles 1. Golden, in the
amount of$300.00; Michael S. Maher, MD, in the amount of$595.50. Court Appointed
Attorney Fees - Conflict, Halford Schuhmacher ESQ, in the amount of$2, 116.56; Jason R.
Smith, in the amount of$3,487.80; Maria Betancourt, $3,513.75; Peary Fowler, in the amount of
$675.00; Robert S. Fine PA, in the amount of$2,536.58; The Margalli Law Office PA, in the
amount of$725.33; Timothy Nicholas Thomes, in the amount of$I,209.90; Victoria McFadyen,
in the amount of$4,588.41. Competency Evaluations - Conflict, A. Louis Oconnor PHD, in
the amount of$350.00; Dr. Charles 1. Golden, in the amount of$600.00; Leslie Morgan PHD, in
the amount of$350.00; Paul Hartman MD, in the amount of$450.00; Thomas Hibberd PHD, in
the amount of$350.00. Other Services Circuit, Avis Rent A Car, in the amount of $44.84;
Holiday Inn Express, in the amount of$395.16; Manuel E. Madruga, in the amount of$155.30;
Mark E. Kohl Esq, in the amount of$157.40; Michael W. Strickland, in the amount of$109.32;
State of Florida, in the amount of$461.58; William Kuypers, in the amount of$106.14.
Miscellaneous Expenses, King County Dept of Judicial Admin, in the amount of $25.00; Millie
Tynes, in the amount of$10.00; Reliable Correspondence, in the amount of$21.01; State of
Florida, in the amount of$201.15.
WARRANTS
Board approved the following Warrants (#047569-048838 & 200598-200726):
General Fund (001), in the amount of$I,461,304.28; Sup to General Revenue (002),
in the amount of$14,803.44; Fine & Forfeiture Fund (101), in the amount of$2,471,093.79;
Road and Bridge Fund (102), in the amount of$92,940.02; Law Library Fund (103), in the
amount of$63.56; TDC District Two Penny (115), in the amount of$213,652.97; IDC Admin
& Promo 2 Cent (116), in the amount of$I,151,216.25; TDC District 1,3 Cent (117), in the
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amount of$172,673.86; TDC District 2,3 Cent (118), in the amount of$6,541.83; TDC
District 3,3 Cent (119), in the amount of$19,718.14; TDC District 4,3 Cent (120), in the
amount of $9, 170.45; TDC District 5,3 Cent (121), in the amount of$8,468.72; Gov. Fund
Type Grants (125); in the amount of$851,509.47; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$66,217.01; Upper Keys Health Care (144), in the amount of$I,619.90; Fire &
Amb Dist 6 Key Largo (146), in the amount of$17,451.40; Uninc Svc Dist Parks & Rec
(147), in the amount of$41,408.08; Plan, Build, Zoning (148), in the amount of$63,632.86;
Municipal Policing (149), in the amount of$367,321.48; 911 Enhancement Fee (150), in the
amount of$14,803.02; Duck Key Security (152), in the amount of$331.73; Local Housing
Assistance (153), in the amount of$88,473.32; Boating Improvement Fund (157), in the
amount of$5,500.76; FL Keys Marine Marathon (159), in the amount of$15,148.21; 1 Cent
Infra Surtax (304), in the amount of$196,967.84; Card Sound Bridge (401), in the amount of
$7,673.61; Marathon Airport (403), in the amount of$39,970.94; Key West Inti Airport
(404), in the amount of$I,41O,789.75; MSD Solid Waste (414), in the amount of
$1,081,208.35; Worker's Compensation (501), in the amount of$14,294.38; Group Insurance
Fund (502), in the amount of$3,831.58; Risk Management Fund (503), in the amount of
$44,236.27; Fleet Management Fund (504), in the amount of$58,334.74; Law Enforcement
Trust Fund (600), in the amount of$188,040.39; Fire & EMS LOSAP Trust Fund (610), in
the amount of$4,210.12.
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meetings of April 18 & 19,2001, and the Special Meetings of April 20, 2001.
Board granted approval of the following Tourist Development Council Expenditures for
the month of April 2001: Advertising, in the amount of$I,130,572.23; Bricks & Mortar
Projects, in the amount of $47,009.76; Chamber Payments, in the amount of$42,833.32;
Events, in the amount of$139,121.46; Office Supplies & Oper Costs, in the amount of
$35,254.83; Personal Services, in the amount of$67,747.22; Public Relations, in the amount of
$50,252.27; Sales & Marketing, in the amount of$43,965.98; Telephone & Utilities, in the
amount of$15,303.22; Travel, in the amount of$8,360.89.
Board granted approval of the appointment ofa County Commissioner (Mayor Neugent)
to serve on the Audit Selection Committee pursuant to Florida Statute 11.45, for the selection of
a finn to conduct the annual County audit.
COUNTY ADMINISTRATOR
Board granted approval for the County Administrator to execute Letters of Agreement
prior to each Certified Public Manager Course Level for the Certified Public Manager (CPM)
Course conceptually approved by the Board of County Commissioners.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Time Extension Agreement
between Monroe County and Duck Key Wastewater Cooperative, Inc., Hawk's Cay Investors,
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Limited and Hawk's Cay Developers, Limited for the transfer of the Hawk's Cay wastewater
treatment facilities, reuse facilities and the underlying real property for an intended later transfer
to the Florida Keys Aqueduct Authority to be extended for a period of one year.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Safety Director Reggie Paros addressed the Board. Motion was made by
Commissioner Spehar and seconded by Commissioner Nelson granting approval of an Agreement
between Monroe County and Zhiming Li, MD, to serve as Interim District Sixteen Medical
Examiner, as amended. Said amendment is as follows:
Page 6, Section 14. INSURANCE. Cmint). shall provide insuranee for Interim Medieal
ExamiftCf in eompliaftee with FS 406.16. The Interim Medical Examiner shall maintain and
comply with the insurance requirements as specified in the attached schedules. which are inclusive
of Professional Liability insurance in accordance with FS 406.16. The costs of the
aforementioned insurance shall be a cost within the Medical Examiner's Budget.
Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
County Administrator James Roberts, on behalf of James E. Malloch, Director of
Community Services, updated the Board on the Bus Route Extension to mile marker 50 in
Marathon.
MISCELLANEOUS
The Board discussed tomorrow's add-on agenda item by the County Attorney concerning
approval of an Interlocal Agreement with the Village ofIslamorada on transition issues and the
trauma district. County Attorney James T. Hendrick and Mr. Roberts addressed the Board. No
official action was taken by the Board.
DIVISION OF PUBLIC WORKS
County Engineer Dave Koppel reported to the Board on plans for the grand opening and
dedication of the old Historic Courthouse in Key West. Mr. Koppel discussed the plaque for the
old courthouse. The Board agreed to include the current as well as the past commission on the
plaque.
Mr. Koppel discussed submission of a project for the small county outreach program and
indicated that Flagler Avenue in Key West was submitted as the candidate project.
Mr. Koppel discussed receipt of grant money for hazard mitigation as a result of
Hurricane Georges.
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COMMISSIONERS' ITEMS
Mayor Neugent discussed his item with the Board concerning a request from Florida Rock
and Sand for a port site on Card Sound Road to load very long concrete poles from their Florida
City Plant. Orlando Porrata, Jr., representing Florida Rock and Sand; and Thomas S. Fouts,
Registered Real Estate Broker/Agent addressed the Board. After discussion, motion was made
by Mayor Neugent and seconded by Commissioner Williams to deny the request. George Garrett,
Marine Resources Director addressed the Board. Roll call vote was unanimous.
MISCELLANEOUS
Mayor Neugent gave special recognition to Raymond Kitchener, Executive Director of the
Marathon Chamber of Commerce, as Mr. Kitchener is retiring and announced that there is a
dinner planned on his behalf for Sunday, May 20,2001 at 5PM at the Sombrero Country Club.
COMMISSIONERS' ITEMS
Commissioner Williams discussed her item with the Board concerning Marathon's request
that we either approve the agreement herein (the longer version of the two presented at last
month's meeting, with the changes made on items that we had agreed to) or join them for
mediation. Commissioner Spehar discussed the Regional Park System. Motion was made by
Commissioner Spehar and seconded by Commissioner Williams to disband or terminate regional
parks. Mr. Hendrick addressed the Board. After consideration, the motion was tabled.
Councilman Jon Johnson, representing the City of Marathon addressed the Board. After further
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams
to add to the agenda discussion concerning the Regional Park System. Mr. Roberts addressed the
Board. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson No
Motion failed.
Note: Mayor Neugent discontinued the roll call and referred to the Board's written
Administrative Polices and Procedures that require a unanimous vote of the Commission present
to approve an addition to the agenda.
SOUNDING BOARD
Paula Wolgast Shea, representing the Center for Independent Living of the Florida Keys
discussed with the Board "The Independent Living Plan". No official action was taken by the
Board.
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COMMISSIONERS' ITEMS
The Board returned to Commissioner Williams discussion item concerning Marathon's
request that we either approve the agreement herein (the longer version of the two presented at
last month's meeting, with the changes made on items that we had agreed to) or join them for
mediation. After discussion, motion was made by Commissioner Nelson and seconded by Mayor
Neugent to go into mediation. Mr. Hendrick and Craig Wrathell, City Manager for the City of
Marathon addressed the Board. Roll call vote was taken with the following results:
Commissioner McCoy No
Commissioner Nelson Yes
Commissioner Spehar No
Commissioner Williams No
Mayor Neugent No
Motion failed. Mr. Roberts, Mr. Hendrick, and Mr. Garrett addressed the Board. Motion was
made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the
Memorandum of Understanding, as amended, and with changes made at the *04/18/01 Board
meeting. Said amendments are as follows:
Page 2 of4
* 2. d. Growth Management Funds. The City and the County agree that the County
collected $492,332.00 in growth management funds from within the municipal boundaries of the
City prior to incorporation for growth management services which were not provided to the City.
The County agrees to pay o'/er expend on the City, upon execution of this Agreement, the sum of
$492,332.00 in growth management funds to;
* 2. c. Land Authority Funds. The City and the Cvunty agrce that the Monree Cvunty
Laft6 Autlwrity shall establish a line itcm set aside for expcnditurc within the City [rem the
halt: cent ef the 4th eent ffvm the Bed Tax in the same manncr as has pre'/ivusly been establishea
fVT the City of Key Vies! ana vtrcred to the City vfIslamvrada.
* 3. a. The Marathon Teen Center, together with all furniture, fixtures, equipment and
improvements thereon belonging to, and transferable by. the County. The County agrees to
provide the City with an inventory of any furniture, fixtures and equipment situated thereon which
is to be transferred to the City;
* 3. b. The Marathon Jaycees Building, together with all furniture, fixtures, equipment
and improvements thereon belonging to, and transferable by. the County. The County agrees to
provide the City with an inventory of any furniture, fixtures and equipment situated thereon which
is to be transferred to the City;
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Page 3 of4
* 6. Solid Waste. Tke County continues to provide waste kaul out services for tke bcftefit
6f the City on a m6ntk to montk basis under its current contaet witk \Vaste Management. Tkc
City ancl tke County agree to enter into negotiations 'vvitk 'Wastc Management for tke purpose of
securing new contracts between tke COtlnty ana Wastc Management and tke City and \Vaste
~lanagement ~i1:iek will redtlee tke eost of garbage kaul out for residents ofbotk tkc Cityaftd
utHfteorpofftted 1foflfoe COUftty. Tke first meetiftg for suek purposes is sekeduled for Friday,
April 20, 2001 at 12:00 Nooft. The City agrees to increase its efforts to collect its solid waste
fees from its citizens, and will make every effort to reducc JmX its indebtedness to the County in
an expeditious manner.
Page 2 of5
d. The Florida Keys Marina at Marathon, together with all furniture, fixtures,
equipment and improvements thereon belonging to the County. The Citv assumes all of the
County's obligations under the MEDC-County Agreement. The County further agrees to convey
to the City all County owned submerged lands within the confines of Boot Key Harbor and any
submerged land leases between the State of Florida and the County pertaining to submerged lands
within the confines of Boot Key Harbor; and the City and County will cooperate in the
completion of all pending grants for the Marina area.
Page 3 of5
e. The Marathon Community Park, together with all fixtures, equipment and
improvements situated thereon and all parking facilities associated therewith. The County, ioined
by the City as Co-Plaintiff. agrecs to will continue with the pending condemnation litigation
regarding Phase II of the park... and to The County will complete the acquisition of that additional
parcel, with anv iudgment paid from County Infrastructure tax revenues. Upon acquiring the
Phase II property, the County will convey that parcel to the City, and the City will be responsible
for the development of Phase II at its own expense. The County's conveyance will be subiect to a
deed restriction prohibiting the charging of any admission fee to Monroe County residents~ and
requiring the Park to be operated in conformity with FCT (Florida Community Trust)
requirements.
5. Boot Key Bridge, The County has previously agreed to commit financial resourecs
toward impro'icments to will convey to the City. and the City will immediately accept the Boot
Key Bridge. in order to restore the bridge to a state of good repair. The City and the Couftty will
eontifttle to work together and v.'i11 fesol-ie this matter by scparatc agreemcnt. The Countv will
pay up to $1.000.000 for Boot Key Bridge repairs identified as necessary bv ioint report of the
City's and County's Engineers. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson Yes
Commissioner Spehar Yes
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Commissioner Williams
Mayor Neugent
Yes
No
Motion carried.
MISCELLANEOUS
Honorable Ken Sorenson, Representative for District 120 updated the Board concerning
the funding for House District 120.
PUBLIC. HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Section
13.5-5(m) and (n), Monroe County Code, in order to add Old Settlers Park of Tavernier to the
list of Parks which allow animals; 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 Board accepted public input with the following
individuals addressing the Board: Jerry Wilkinson and Alana Moreau. After discussion, motion
was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the
following Ordinance, as amended, to include Harry Harris Park and that disallows pets north of
the boat ramp. Motion carried unanimously.
ORDINANCE NO. 021-2001
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance creating Section
2-332(A), Monroe County Code, Providing for funding of art in new public construction and
major renovation 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. There was no public input. Motion was made by Commissioner
Nelson and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 022-2001
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed with the Board a petition by residents of Bermuda Shores
and Cross Key Waterways subdivisions in Key Largo to remove bulkhead that has been built up
by property owners over many years, cutting off water flow to their canal located between Crane
Street (south) and Bowie Lane (north). The following individuals addressed the Board: Theresa
Spiegal, Charles Brooks, and Bill Gustafson. After discussion, motion was made by
Commissioner Williams requesting Staff to review the matter and deal with the appropriate
agencies to be returned to the Board with a possible plan or suggestion. Motion was then made
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by Commissioner Nelson requesting the Public Works Department remove all man made
structures to their original natural depth based on the fact that the property belongs to Monroe
County via all regulations. After consideration, both motions were removed and Staffwas
directed to review the matter and bring back to the Board a report on this particular canal at the
next Marathon meeting.
Commissioner Nelson requested that his agenda item be tabled to the next Board meeting
in Marathon concerning the need for clarification on Commissioners' travel expenses allowed.
New Commissioners need clarification on what expenses are allowed before travel occurs.
Commissioner Nelson discussed his item with the Board concerning improvements to be
made at Harry Harris Park in Tavernier. The following individuals addressed the Board: Jerry
Wilkinson, representing the Harry Harris Park Neighborhood Association; Mary Lou Wilkinson,
and Todd Firm. After discussion, Staffwas directed to review and make recommendations of the
list of improvements attached to the agenda item, for consideration at the next Marathon meeting.
COUNTY CLERK
Mr. Hendrick addressed the Board. Motion was made by Mayor Neugent and seconded
by Commissioner McCoy to not rescind Resolution No. 433-2000, approved at the October 18,
2000 meeting, evidencing the approval ofa recommended Beneficial Use Determination
promulgated by the Special Master, In Re: The application of Mill us and Lori Skidmore, as
amended. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Mr. Roberts updated the Board on a) Department of Technical Services operations; and,
b) status of the Land Steward selection. Mr. Roberts also discussed presentation of information
on Monroe County's Channel 16 to the public.
Mr. Roberts discussed with the Board approval to advertise an Ordinance creating the Fire
Rescue and Emergency Medical Services Department; Providing for the Management of the
Department; Providing that Fire Rescue and Emergency Medical Services Volunteer Personnel
are Volunteers to the County; Creating the Emergency Management Department; Providing for
the Management of the Department; 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:
Chief Sergio 1. Garcia, representing the Fire Chiefs & Key Largo Fire; Andrew McBroom,
representing the Professional Firefighters of Monroe County, Local 3909; Yvonne Harper,
representing the City of Layton; Brenda Beckmann, representing the Key Largo Volunteer
Ambulance Corps., and Charles Brooks. After discussion, motion was made by Commissioner
McCoy and seconded by Mayor Neugent requesting Commissioner Nelson meet with the fire
chiefs, etc. to develop a plan for consideration at the next Marathon Meeting. Roll call vote was
unarumous.
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PUBLIC HEARINGS
The following three agenda items were withdrawn.
A request by the Ocean Reef Club, Inc., to amend the Monroe County Year 2010
Comprehensive Plan Policy 101.13.4, Objective 103.2, and Policy 103.2.4 and create new
Objective 101.20. There was no public input. No official action was taken by the Board.
A request by the Ocean Reef Club, Inc. to amend the Land Use District Map to create a
Master Planned Community Overlay District for the Ocean Reef Club. There was no public input.
No official action was taken by the Board.
A request by the Ocean Reef Club, Inc. to amend the Monroe County Code adding
Section 9.5-255.1 to create a Master Planned Community Overlay District for the Ocean Reef
Club. There was no public input. No official action was taken by the Board.
Commissioner Nelson and Commissioner Williams excused themselves from the meeting.
A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida
Department of Community Affairs the request by Leonard Lovallo to amend the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan from Recreation (R) to Residential
Medium (RM) for property described as part of Tract A, Harbor Course Section Four, Ocean
Reef Plat No. 13, Key Largo, located in Section 13, Township 59 South, Range 40 East, located
within the Ocean Reef Club at the northern terminus of County Highway 905, having the real
estate identification number 00573670.005903. There was no public input. Motion was made by
Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution.
Motion carried unanimously, with Commissioner Nelson and Commissioner Williams not present.
RESOLUTION NO. 203-2001
Said Resolution is incorporated herein by reference.
Commissioner Nelson and Commissioner Williams returned to the meeting.
A Public Hearing was held concerning adoption of an Ordinance approving the request by
Laura and Associates, Inc., to amend the Land Use District (Zoning) Map from Suburban
Commercial (SC) to Recreational Vehicle (RV) for property described as Lots 4, 5, and 6,
Monroe Park, Cross Key, located in Section 4, Township 60 South, Range 39 East, at
approximately mile marker 112.5. Growth Management Director Tim McGarry addressed the
Board. The Board accepted public input with the following individuals addressing the Board:
Howard Gelbman, Philip B. Burkard, Attorney Franklin Greenman, representing Point Laura,
Laura and Associates, Inc. After discussion, motion was made by Commissioner Williams and
seconded by Commissioner McCoy to adopt the following Ordinance, with the caveat that the
County Attorney fOlWard the documents and concerns discussed here today to DEP and the Craig
Company. Roll call vote was unanimous.
REVISION
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ORDINANCE NO. 023-2001
Said Ordinance is incorporated herein by reference.
COUNTY ATTORNEY
Mr. Hendrick reported to the Board concerning authorization for payment to the firm of
Guttenmacher & Bohatch, P.A. for professional services rendered concerning septic tank funding
issues. Motion was made by Commissioner Williams and seconded by Commissioner Nelson
granting approval to pay the item. Roll call vote was unanimous.
Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner Spehar to adopt the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed abandonment of a portion of
Old State Road 4A, Vaca Cut, Marathon Beach Subdivision, with a request that the City of
Marathon be notified for their input. Motion carried unanimously.
RESOLUTION NO. 203A-2001
Said Resolution is incorporated herein by reference.
*
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
of County Commissioners
Monroe County, Florida
.sJoaL.lc. ~\)~
Isabel C. DeSantis, Deputy Clerk