03/19/2003 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2003/55
Regular Meeting
Board of County Commissioners
Wednesday, March 19, 2003
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; Richard Collins, 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 McCoy and seconded by Commissioner Rice granting
approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Retirement Plaque to J. G. "Joe" London, Fire Marshal, Public Safety
Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Joseph Paskalik, Senior Building Official, Growth Management Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Peter Lubert, Support Services Manager, Fire Rescue.
Presentation of award to The Dolphin Research Center, Grassy Key by Monroe County
Board of County Commissioners and The Florida Keys Council For People With Disabilities.
Presentation of Employee of the Month award for the month of November, 2002, to Carol
Smith, Transportation Coordinator, Social Services, Community Services Division.
Presentation of Mayor' s Proclamation declaring the week from April 6 through April 12,
2003 as National Library Week.
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Presentation of Mayor's Proclamation declaring the week from April 6 through April 12,
2003 as National County Government Week.
Presentation of Mayor's Proclamation declaring the week from April 6 through April 12,
2003 as Boys & Girls Clubs of the Keys Area Week.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of the following items:
Board granted approval and authorized execution of a Data Sharing Agreement between
Monroe County and the State of Florida, Agency for Health Care Administration to maintain
privacy of health information as required under HIP AA, regarding the Medicaid billing program.
Board granted approval and authorized execution of a Partnership Statement between
Monroe County and the University of Florida concerning a Federal Institute of Museum of
Library Services Grant.
Board granted approval to award Public Works surplus equipment, excluding items #7, 12
and 13 (County unit numbers 0946-11,0940-034 and 0940-396) as described in the Recap of Bid
Opening. Said list is incorporated herein by reference.
Board granted approval to purchase one (1) new 18" Tree/Brush Chipper from GSA
Contractor, Florida Coast Equipment, in the total amount of$31, 162.00.
Board granted approval to reject all bids and re-advertise for Refrigeration Replacement at
the Monroe County Detention Facility on Stock Island.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator.
Board granted approval and authorized execution of Contracts between Monroe County
and Bender & Associates; William P. Horn; and Matthew Fowler, Architect/Thomas Timmins,
P.E. for projects under $500,000.00 or less.
Board granted approval and authorized execution of a Contract between Monroe County
and William P. Horn, Architect, P.A. for the planning, design, contract documents, project
administration and coordination for the Conch Key Fire Station.
Board granted approval and authorized execution of a Contract between Monroe County
and William P. Horn, Architect, P.A. for the planning, design, contract documents, project
administration and coordination for the North Key Largo Fire Station.
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Board granted approval to reject bids and re-advertise for the construction of the Garrison
Bight Bridge Fenders.
Board granted approval to remove surplus equipment from inventory via advertising for
bid, removal and disposal. Excluding item #2: County ID# 1439-005, 1969 Ford Fire Engine.
Said list is incorporated herein by reference.
Board granted approval to apply to Florida Division of Emergency Management for a
FEMA Sub-Grant to establish and train Community Emergency Response Teams (CERT), and
authorization for the Mayor to sign the Applicant Questionnaire.
Board granted approval to accept bid for sale of surplus property from Bobby Ruble, for
one (1) Turf Rider Mower, County ID #2400-119, in the amount of$750.00.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and FEDEX Ground Package System, Inc., for use of ramp space at Florida Keys
Marathon Airport, for a period of 24 months, commencing April 1, 2003 and ending March 31,
2005.
Board granted approval and authorized execution of a Renewal Agreement effective from
March 1, 2003 through February 28,2004, between Monroe County Board of County
Commissioners of Monroe County Florida, acting as the governing board for Municipal Services
Taxing District #6 and Fire Tech Repair Service, Inc. for maintenance offire apparatus, including
preventative maintenance, unscheduled maintenance and annual pump testing.
Board granted approval to apply for a grant for a firefighting vehicle and/or equipment.
Board granted approval and authorized execution of a Sarasota County Hosted
Application Service Agreement between Monroe County and Sarasota County to provide a
government enterprise management system for use in budget preparation and authorization for
Mayor to execute same.
Board granted approval of the following Resolutions concerning the Transfer of Funds,
Receipt of Unanticipated Funds, and Amending Resolutions:
Amending Resolution 512-2002 (OMB Schedule Item No.1)
RESOLUTION NO. 086-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.2).
RESOLUTION NO. 087-2003
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 088-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 089-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 090-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 091-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 092-2003
Said Resolution is incorporated herein by reference.
Amending Resolution No. 064-2003 (OMB Schedule Item No.8).
RESOLUTION NO. 093-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 094-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 095-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 096-2003
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 097-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 098-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 099-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 100-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 101-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 102-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 103-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 104-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 105-2003
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 106-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 107-2003
Said Resolution is incorporated herein by reference.
Board granted approval to advertise for a budget amendment to the Road and Bridge
Fund #102.
Board granted approval to spend Countywide Solid Waste Impact Fees to purchase a new
clam truck to service all of unincorporated Monroe County.
Board granted approval and authorized execution of Consent to Subcontract the Survey
of Historic Buildings in Unincorporated Monroe County between Monroe County and the
Historic Florida Keys Foundation and authorized execution of a Monroe County Historic Survey
Subcontract between the Historic Florida Keys Foundation and GAl Consultants-SE.
Board granted approval for the Mayor to execute the Certificate of Acceptance of
Subgrant Award, Grant #03-CJ-2J-11-54-01-006, for the Monroe County Jail Incarceration
Program, using funds provided under the Residential Substance Abuse Treatment Grant.
Board granted approval and authorized execution of a Residential Substance Abuse
Treatment Funds Agreement #03-CJ-2J-11-54-01-006, between Monroe County and the Care
Center for Mental Health for the Monroe County Jail Incarceration Program, using funds
provided under the Residential Substance Abuse Treatment Grant.
Board granted approval to rescind October 16, 2002 approval of Contract between
Monroe County and Helpline, Inc. to provide the Parents Who Care Program.
Board granted approval to rescind October 16, 2002 approval of Contract between
Monroe County and the Florida Department of Law Enforcement for Helpline, Inc. to provide the
Parents Who Care Program.
Board granted approval and authorized execution of the Certificate of Acceptance of
Subgrant Award, Grant #02-CJ-2A-11-54-01-004, extending the term of the Contract between
Florida Department of Law Enforcement, and Monroe County for the Monroe County Jail
Incarceration Program, using funds provided under the Residential Substance Abuse Treatment
Grant.
Board granted approval and authorized execution of a Contract Amendment extending the
term of the Contract between The Care Center for Mental Health, Inc. and Monroe County for
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the Monroe County Jail Incarceration Program, using funds provided under the Residential
Substance Abuse Treatment Grant from Florida Department of Law Enforcement.
Board granted approval to accept quote from Arthur J. Gallagher for General Liability &
Wrongful ActsNicarious Liability Abuse Coverage for Bayshore Manor, in the amount of
$10,225. No deductible applies.
Board granted approval and authorized execution of Plan Amendment #4 to Monroe
County Board of County Commissioners Employee Benefits Plan, Section 16, for compliance
with the Health Insurance Portability and Accountability Act of 1996 (HIP AA) Privacy Rule
effective April 13, 2003
Board granted and authorized execution of a Business Associate Addendum between
Monroe County, Acordia National, Inc. and Keys Physician Hospital Alliance. Agreement covers
security of Protected Health Information (Pill) as required by the Health Insurance Portability
and Accountability Act of 1996 (HIPAA) Privacy Rule effective April 13, 2003.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Acordia National for remote access to the Acordia National Multiclaim System.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Agreement between Monroe
County and the Islamorada Chamber of Commerce to provide Visitor Information Services
commencing October 1, 2003 through September 30,2006 in an amount not to exceed $80,000
per year.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Marathon Chamber of Commerce to provide Visitor Information Services
commencing October 1, 2003 through September 30,2006 in an amount not to exceed $80,000
per year.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Key Largo Chamber of Commerce to provide Visitor Information Services
commencing October 1, 2003 through September 30,2006 in an amount not to exceed $93,000
per year.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Lower Keys Chamber of Commerce to provide Visitor Information Services
commencing October 1, 2003 through September 30,2006 in an amount not to exceed $54,000
per year.
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Board granted approval and authorized execution of an Agreement between Monroe
County and the Key West Chamber of Commerce to provide Visitor Information Services
commencing October 1,2003 through September 30,2006 in an amount not to exceed $207,000
per year.
Board granted approval to rescind Agreement between Monroe County and Charlotte
Ambrogio for the Pursuit Sailfish Open Tournament which was scheduled for January
31-February 2,2003.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Greater Marathon Chamber of Commerce covering The Original Marathon
Florida Keys Seafood Festival on March 29-30, 2003 in an amount not to exceed $5,000, DAC
III, FY 2003 Event Resources.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Key West Tourist Development Association covering Fantasy Fest 2003 in an
amount not to exceed $95,000, DAC I, FY 2003 Event Resources and $5,000, DAC II, FY 2003
Event Resources.
Board granted approval and authorized execution of a Agreement between Monroe
County and the Key West Theatre Festival, Inc. covering the Twelfth Annual Theatre Festival on
June 19-29,2003 in an amount not to exceed $35,000, DAC I, 2003 Event Resources.
Board granted approval to award TDC surplus equipment, as described in Recap of Bid
Opening. Said list is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Sunny Keys Fishing Tournaments, Inc. to change the name of their
event from Key Largo Fishing Tournament to Key Largo Dolphin Tournament.
Board granted approval of up to $500,000 FY 2003 Contingency/Emergency funding in
anticipation of military action.
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Board granted approval for one Restrictive Covenant from Miller & Pacho, Inc. to have
one dwelling unit on contiguous lots described, Permit No.02-3-3899, for property described as
Lots 5, and 6, Block 3, Lazy Lagoon, Key Largo.
Board granted approval for one Restrictive Covenant from Byron R. & Nancy G. Ashby
to have one dwelling unit on contiguous lots, Permit No. 02-3-3363, for property described as
Lots 8,9, 10, and 11, Block 1, Lazy Lagoon, Key Largo.
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Board granted approval for one Restrictive Covenant from Joseph Micheal & Agnes
Brunke to have one dwelling unit on contiguous lots, Permit No. 02-3-2707, for property
described as Lots 4, and 5, Block 4, Largo Sound Park, Key Largo.
Board granted approval for one Restrictive Covenant from Charles W. & Susan M.
Peabody to have one dwelling unit on contiguous lots, Permit No. 96-1-0971, described as Lots
27 and 28, Block 5, Doctors Arm 1st Addition, Big Pine Key.
Board granted approval for the transfer of one buildable lot from Condor Construction
Corporation to Monroe County by Warranty Deed; and approval for one Restrictive Covenant
from Condor Construction Corporation to have one dwelling unit on contiguous lots, Permit No.
02-3-2619, for property described as Lots 9 and 10, Block 8, Holiday Homesites, Key Largo, and
Lot 22, Block 8, Cahill Pines & Palm, Big Pine Key.
Board granted approval for the transfer of three buildable lots from Brian C. Bennett to
Monroe County by Warranty Deed, Permit No. 01-1-4647, for Lot 23, Block 26, Palm Villa, Big
Pine Key; Lot 16, Block 4, Koehns, Big Pine Key; and Lot 4, Woodsvale Subdivision, Sugarloaf
Key.
Board granted approval and authorized execution of Amendment (No.6) to Contract
between Monroe County and URS Corporation Southern, Dated March 3, 1997 for provision of
transportation services under the current contract.
Board adopted the following Resolution to concur with the decision of the Florida
Department of Transportation to surplus excess property adjacent to USl Right of Way at MM
100.7.
RESOLUTION NO. 108-2003
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing certain Code Enforcement Inspectors
to issue citations for violations of the Monroe County Code for disposition in County Court.
RESOLUTION NO. 109-2003
Said Resolution is incorporated herein by reference.
Board granted approval of the use of Boating Improvements Funds for the removal,
transport, and disposal of marine debris Keys wide (to include marine debris located on dry land
and in nearshore waters).
Board granted approval to submit two grant proposals to the FWC, Florida Boating
Improvement Grant Program (FBIP) for funds to complete boat ramp repairs at the Aviation
Boulevard ramp in Marathon and the Barcelona Avenue ramp in Big Coppitt.
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Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon to complete work on a boat ramp project at Aviation
Boulevard in support of a grant submittal to the FBIP grant program.
Board granted approval of a Derelict Vessel Grant between Monroe County and the
Florida Fish and Wildlife Conservation Commission in the amount of $42,600.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Spirit Marine Towing & Assistance for the Emergency removal of a
large derelict vessel/marine debris located off Marathon.
Board granted approval for the transfer of one buildable lot from Sergio & Pastora
Sotolongo to Monroe County by Warranty Deed, Permit No. 00-3-3068, for Lot 19, Block 8,
Cahill Pines & Palm, Big Pine Key.
DIVISION OF GROWTH MANAGEMENT
Board accepted the Growth Management Litigation Report dated March 17, 2003 from
Attorney Karen K. Cabanas, of the firm Morgan & Hendrick.
Board granted approval to advertise an Ordinance to revise Chapter 5.5, Boats, Docks
and Waterways to reinstate a previously codified Slow Speed, Minimum Wake Zone in Adams
Waterway, Key Largo that was inadvertently eliminated during recent Code revisions.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the following Expenditures from the Law Enforcement Trust
Fund, in the total amount of$4,250.00:
$2500 This sum will be used by the Key West High School Girls Softball Team to
purchase equipment and uniforms.
$ 750 This sum will be used by the Coral Shores Mock Trial team towards travel and
hotel expenses for state competition.
$1000 This sum will be used by the Key West High School to purchase awards to be
given to random students as an incentive after taking the Florida Comprehensive Assessment Test.
Board granted approval of disposition of inventory items for the month of March 2003 in
the total amount of$26,125.23. Said list is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution endorsing the Florida Keys National Marine
Sanctuary proposal to name an unnamed reef, Captain Roys Reef.
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RESOLUTION NO. 110-2003
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's appointment of Lt. Larry Kelley to
the Florida Keys Council for People with Disabilities, term expiring February, 2006.
Board adopted the following Resolution in support of Islands of the Lower Keys Habitat
Protection project within the Federal Transportation Bill.
RESOLUTION NO. 111-2003
Said Resolution is incorporated herein by reference.
Board granted approval of the appointment of Keith Douglass as the BOCC appointee to
the Monroe County School Readiness Coalition.
Board adopted the following Resolution approving in advance a waiver of building permit
fees for affordable housing rehabilitation of Stock Island Apartments.
RESOLUTION NO. 112-2003
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Lower Keys Chamber of Commerce concerning the 19th Annual
Underwater Music Festival.
Board adopted the following Resolution in recognition of the late Anna Dagny Johnson.
RESOLUTION NO. 113-2003
Said Resolution is incorporated herein by reference.
COUNTY CLERK
WARRANTS
Board approved the following Warrants (#79380 - 80620 & 204578 - 204733 & 0040 -
00932):
General Fund (001), in the amount of$1,291,629.75; Sup to General Revenue (002),
in the amount of$9,149.37; Fine & Forfeiture Fund (101), in the amount of$2,625,036.96;
Road and Bridge Fund (102), in the amount of$79,593.18; Law Library Fund (103), in the
amount of$2,290.75; TDC District Two Penny (115), in the amount of$286,061.90; TDC
Admin & Promo 2 Cent (116), in the amount of$561,316.09; TDC District 1,3 Cent (117), in
the amount of$76,020.33; TDC District 2,3 Cent (118), in the amount of$3,849.79; TDC
District 3,3 Cent (119), in the amount of $37,576.17; TDC District 4,3 Cent (120), in the
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amount of $2, 124,41; TDC District 5,3 Cent (121), in the amount of$8,565.70; Gov. Fund
Type Grants (125), in the amount of$156,817.28; Impact Fees Libraries (132), in the amount
of$45,089.28; Fire & Amb Dist 1 L&M Keys (141), in the amount of$70,873.08; Upper
Keys Health Care (144), in the amount of $40,466.73; Fire & Amb Dist 6 Key Largo (146), in
the amount of$20,363.34; Uninc Svc Dist Parks & Rec (147), in the amount of$56,748.93;
Plan, Build, Zoning (148), in the amount of$140,720.14; Municipal Policing (149), in the
amount of $472,560,82; 911 Enhancement Fee (150), in the amount of$60,696.33; Duck Key
Security (152), in the amount of$130.23; Local Housing Assistance (153), in the amount of
108,925.18; Boating Improvement Fund (157), in the amount of$1,650.00; Misc. Special
Revenue Fund (158), in the amount of$1,329.43; Law Enforcement Trust (162), in the
amount of$107,255.36; 93' Refunding Imp. Bonds (203), in the amount of$30,500.00 1 Cent
Infra Surtax (304), in the amount of$427,127.81; Clerk's Rev Note, Capital (306), in the
amount of $6,243.67; Card Sound Bridge (401), in the amount of$3,188.52; Marathon
Airport (403), in the amount of$96,434.93; Key West Inti Airport (404), in the amount of
$202,834.99; MSD Solid Waste (414), in the amount of$408,034.69; MSD Debt Service (415),
in the amount of$30,500.00; Worker's Compensation (501), in the amount of$12,758.40;
Group Insurance Fund (502), in the amount of$195,221.20; Risk Management Fund (503),
in the amount of$19,082.70; Fleet Management Fund (504), in the amount of$106,057.65.
FINES & FORFEITURES
Court Reporter Services, Amy Landry Reporting, in the amount of$195.50; Associated
Court Reporters, in the amount of$2,193.75; Barbara 1. Grant, in the amount of$1,952.25;
Catherine H. Webster, in the amount of$2,557.00; Court Reporters of Key West, in the amount
of$377.25; Laws Reporting, Inc. in the amount of$692.65; Monroe County Court Reporting, in
the amount of$753.25; Suzanne Ex d/b/a All Keys Reporting, in the amount of$325.00; Veritext
LLC, in the amount of$150.00. Competency Evaluation, A. Louis Oconnor PHD, in the
amount of700.00; Care Center for Mental Health, in the amount of$350.00; Deborah A.
Harrison, Phd, in the amount of$350.00; James W. Holbrook EDD, in the amount of$2,450.00;
Pamela A. Strother, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of
$445.00; Claudia M. Hancock, in the amount of $220.00; Estrella Garcia, in the amount of
$185.00; Heide D'Alquen, in the amount of$25.00; Marketa Hernandez, in the amount of$75.00;
Martha Hernandez, in the amount of$50.00; Mary Lou Waas, in the amount of$235.00; Sandra
E. Lam, in the amount of $220.00; Sergio Alvarez, in the amount of$195.00; Ute Rohe, in the
amount of$35.00. Witness Coordination, Witness Payroll, in the amount of$135.00; Witness
Travel & Per Diem, in the amount of$1306.53. Expert Witness, International Assessment, in the
amount of$800.00; J P Grimes, in the amount of $248.94; Lower Keys Medical Center, in the
amount of$4,300.00; Michael Maher, MD, in the amount of$1,940.00; William Vicary Medical
Co, in the amount of$1,750.00. Expert Witness Travel, Key West/Condo, in the amount of
$319.50. Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount of
$1,492.50; Giovana L. Upson, Esq., in the amount of$2,500.00; Jason R. Smith, Esq., in the
amount of$350.00; Laurie Hall, Esq., in the amount of$1,832.00; Vernis & Bowling of the FL
Keys, in the amount of $2,040.00; Wayne Dapser, in the amount of$2,985.00. Other Services
Circuit, Avis Rent A Car, in the amount of$26.10; State of Florida, in the amount of$219.70.
Miscellaneous Expenses, State of Florida, in the amount of $299.40.
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TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of February 2003: Advertising, in the amount of$489,342.53; Bricks & Mortar
Projects, in the amount of$52,965.21; Visitor Information Services, in the amount of
$42,833.32; Events, in the amount of$90,712.79; Office Supplies & Oper Costs, in the amount
of$66,687.90; Personal Services, in the amount of$90,767.28; Public Relations, in the amount
of$74,480.71; Sales & Marketing, in the amount of$38,588.04; Telephone & Utilities, in the
amount of$14,306.01; Travel, in the amount of$14,830.60.
Board adopted the following Resolution adopting a new and repealing an old investment
policy for Monroe County.
RESOLUTION NO. 114-2003
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of the appointment of Ms. Mildred Friedman to the Older
American Advisory Board. This appointment will fill a vacancy on the Board for the Middle Keys
area.
Board granted approval and authorized execution of a Contract between Monroe County
and Advanced Data Solutions, Inc. for document imaging services for posting Board of County
Commissioners' monthly meeting agendas on the County's web site.
COUNTY ATTORNEY
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon regarding Library Impact Fees.
Board granted approval to advertise an Ordinance amending Sections 13-103, 13-112,
13-115 and adding 13-102, Monroe County Code, in order to prohibit discrimination on the basis
of gender identity or expression for employment or in housing.
Board granted approval to advertise an Ordinance amending Ordinance No. 023-2002,
deleting environmental lots.
Board adopted the following Resolution revising Resolution No. 585-2002, deleting
environmental lots for use in the uniform ad valorem method for the collection of assessments in
the Breezeswept Beach Estates Subdivision Municipal Services Culvert District and stating the
reason therefor.
RESOLUTION NO. 115-2003
Said Resolution is incorporated herein by reference.
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Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed the Renewal Agreement with the Humane Animal Care Coalition,
Inc., for operation ofthe Key Largo Animal Shelter, in the amount of$216,083.27 per year.
After discussion, motion was made by Mayor Spehar and seconded by Commissioner Neugent
granting approval of the Renewal Agreement without a CPI increase. After further discussion,
the maker of the motion withdrew, with the second accepting. County Attorney Richard Collins
addressed the Board. Motion was then made by Commissioner Nelson and seconded by Mayor
Spehar to continue the current Contract on a month-to-month basis under the same terms and
conditions. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to
postpone to the Atffil June Board meeting in Marathon the adoption of a Resolution establishing *
policy guidelines for approving the exchange of privately-owned lands of conservation value for
lands dedicated to the County for conservation under the County's Rate of Growth Ordinance.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval to waive Monroe County Policy for Requests for Office Space by Non-Profit
Organizations, and extend the Lease Agreement with Planned Parenthood of Greater Miami and
the Florida Keys for an additional one-year period for office space at the Ruth Ivins Center in
Marathon and the Department of Health Clinic in Tavernier. Motion carried unanimously. County
Administrator James Roberts addressed the Board.
Ted Carter, and Bert L. Bender, representing Bender & Associates Architects addressed
the Board. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Nelson granting approval to waive purchasing and policy procedure, award bid and
execute Contract with the high bidder, D. L. Porter Constructors, Inc., in the amount of
$2,829,600 for the renovation of the Old Mariners Hospital. Motion carried unanimously.
Rob Robbins, representing WMKL - 91.7 FM addressed the Board. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Nelson granting
approval to advertise a Request for Proposals for leasing surplus antenna tower space on County
owned communication towers located in Key Largo and West Summerland Key. Motion carried
unanimously.
Management Services Director, Sheila Barker addressed the Board. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Rice granting
approval of the following 1.) Late invoice from Rural Health Network of Monroe County in the
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amount of$5,823.70 for the period from October 1,2001 through September 30,2002; 2.)
Adoption of a Resolution concerning the Transfer of Funds from reserves to cover this expense
and pay it in current fiscal year; 3.) Contract Amendment to current year contract to increase it by
this amount 4.) Waiver of Contract requirement that final invoice must be received within sixty
days after Contract termination date; and 5.) Agreement to commence on October 1, 2002 and
terminate of September 30, 2003. Motion carried unanimously.
RESOLUTION NO. 116-2003
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Mayor Spehar and seconded by Commissioner Neugent appointing
Alan Eckstein to the Tourist Development Council District I Advisory Committee. Motion
carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
appointing Kym Collins to the Tourist Development Council District IV Advisory Committee.
Motion carried unanimously.
DIVISION OF PUBLIC WORKS
County Engineer Dave Koppel and Mr. Roberts addressed the Board concerning approval
of a Joint Participation Agreement (with a Memorandum of Agreement) between Monroe County
and the Florida Department of Transportation to construct a project described as CR5-A/Flagler
Avenue in Key West as scheduled in the FDOT's Five- Year Work Plan for fiscal year 2002/2003.
After discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Rice directing the County Engineer to send a letter to the City Manager of the City of Key West
indicating this Board's position to be presented to the full City Commission. During discussion,
the motion was amended by the maker with the second accepting to also authorize execution of
the Joint Participation Agreement. Motion carried unanimously.
GROWTH MANAGEMENT
Marine Resources Director, George Garrett addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting
approval and authorizing execution of a Contract between Monroe County and Bermello, Ajamil,
and Partners, Inc., to complete engineering work and permitting for six boat ramp projects.
Motion carried unanimously.
Growth Management Director, Tim McGarry reported to the Board concerning the Smart
Growth Tier System; and an interim Development Ordinance concerning hammock areas.
Commissioner McCoy reported to the Board on Monroe County's delegation trip to
FEMA Region IV Headquarters to discuss proposed revisions to the County's Implementation
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Plan for Flood Insurance Inspection and Compliance Program and floodplain regulations. Mr.
McGarry addressed the Board.
FIRE & AMBULANCE DISTRICT 1
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, Commissioner George Neugent, Commissioner David P. Rice, City of Layton
Commissioner Kevin Madok and Vice-Chairperson Mayor Dixie Spehar.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of the rescission of a Provider Agreement Form, which was approved by the
Board of Governors of the Fire and Ambulance District 1 on May 15,2002. Motion carried
unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Madok
granting approval and authorizing execution of a Renewal Agreement, effective from March 1,
2003 through February 28,2004, between the Board of Governors of Fire and Ambulance
District 1 of Monroe County Florida and Fire Tech Repair Service, Inc., for maintenance of fire
apparatus, including preventative maintenance, unscheduled maintenance and annual pump
testing. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval to award bid and authorizing execution of an Agreement, effective from March
19,2002 through September 30,2003, between the 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.
Motion was made by Commissioner McCoy and seconded by Commissioner Neugent
appointing Commissioner Madok as Chairman of the Board of Governors for District # 1 Lower
and Middle Keys Fire and Ambulance District. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
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The Board of County Commissioners reconvened with all Commissioners present.
GROWTH MANAGEMENT
The following individuals addressed the Board concerning reopening of the Geiger Key
Boat Ramp on Navy property: Tracie Ianuzzi, representing Geiger Key Marina; Basil Cheney,
representing the Tamarac Park Property Owner's Association; Jacques Dietz, Glen Owens, D. Jim
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Ronchetto, Norman Fuller, Fred R. Cabanas, and Andy Pelt. Monroe County Marine Resources
Director, George Garrett, and Mr. Roberts also addressed the Board. After discussion, motion
was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval for
the Administration to negotiate a lease arrangement with the United States Navy for the purpose
of reopening the Geiger Key Boat Ramp on Navy property, with specific conditions: a. The
Community participates in assuring that the facility is closed during evening hours; b. Garbage
receptacles should be placed by the County and frequently emptied; c. There should be
appropriate signage provided to alert the public concerning the shallow nature of the surrounding
water. The lease is a no-cost lease for the County. Roll call vote was unanimous.
MONROE COUNTY HOUSING AUTHORITY
Special Programs Coordinator, Richard Casey addressed the Board concerning a
Community Development Block Grant ($750,000) for 2002 Cycle vs. 2003 Cycle. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of the Recommendation of the Special Programs Office to accept the 2002
CDBG Grant Agreement; reallocate all housing rehabilitation funds ($150,000) moved for
additional wastewater connections; and designate the expanded Stock Island Service Area as the
initial service area for CDBG assistance. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item with the Board concerning criteria for BOCC
agenda add-ons for Commission and Staff. Criteria proposal is incorporated herein for reference.
Mr. Roberts addressed the Board. The item was tabled to the April 2003 meeting of the Board in
Key West.
Commissioner McCoy excused himself from the meeting.
Commissioner Nelson discussed his item with the Board concerning approval of a Request
for Qualifications for implementing the EP A Grant of $3 .8 million dollars for a Demonstration
Project on one of the Florida Keys in an efficient and affordable manner. Mr. Garrett addressed
the Board. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Neugent granting approval of the item. Roll call vote was unanimous, with
Commissioner McCoy not present.
Commissioner Rice excused himself from the meeting.
COUNTY ATTORNEY
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval of an Amended Settlement Agreement in Osbourne, et al. v. Monroe County,
Case No. CA-K-01-108. Motion carried unanimously, with Commissioner McCoy and
Commissioner Rice not present.
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Commissioner Rice returned to the meeting.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item with the Board concerning the approval and
high prioritization for the installation of a % mile pedestrian/bike path along Pirates Road in Jolly
Rogers Estates on Little Torch Key. Public Works Director Dent Pierce addressed the Board.
After discussion, motion was made Commissioner Nelson and seconded by Commissioner
Neugent granting conceptual approval of the item. Motion carried unanimously, with
Commissioner McCoy not present.
Commissioner McCoy returned to the meeting.
COUNTY ADMINISTRATOR
Mr. Roberts discussed the $21 million bond issue and indicated that the pre-closing is
scheduled to occur on March 24,2003.
Mr. Roberts indicated that the April, 2003 meeting of the Board would be two days with
the second day for discussion concerning Group Benefits and Key West International Airport
issues, (1/2 day at least).
Mr. Roberts updated the Board concerning status of the proposed acquisition of the
Botanical Gardens by the City of Key West.
Mr. Roberts discussed a Resolution opposing the portion of Governor Bush's proposed
Fiscal Year 2003-2004 budget that eliminates the State Housing Trust Fund and the Local
Government Housing Trust Fund as dedicated funding sources, and reduces by approximately
$94.5 million the funds available for affordable housing programs. Motion was made by
Commissioner Neugent and seconded by Commissioner Rice to reopen the Agenda in order to
add this item. Motion carried unanimously. After further discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 117-2003
Said Resolution is incorporated herein by reference.
Mr. Roberts discussed e-mail his office receives from the Florida Association of Counties
and other organizations concerning cuts in State revenue and the budget.
Commissioner Rice requested the status concerning RFQ's for bond projects and the
Quay/Key Largo Government Center. Mr. Roberts addressed the Board.
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PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance dissolving the Translator
Taxing District and repealing the laws establishing the District; 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 McCoy and seconded by Commissioner Nelson to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-2003
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance amending Chapter 5.5
Monroe County Code (Boats, Docks, and Waterways) to create a Combustion Engine Exclusion
Zone on shallow areas adjacent to Whale Harbor Channel to amend definitions; Providing for
Severability; Prpviding 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 Neugent and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 006-2003
Said Ordinance is incorporated herein by reference.
The continuation of a Public Hearing was held to consider adoption of a Resolution
approving the recommendation of the Planning and Environmental Resources Department to offer
to purchase in response to the request for Administrative Relief filed by Larry and Irene Malanga
on the lot described as Lot 10, Eden Pines Colony First Addition, Big Pine Key, Real Estate
number 00269840.000000. The Board accepted public input with the following individual
addressing the Board: Irene Malanga. Mr. McGarry and Planning Director Marlene Conaway
also addressed the Board. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner McCoy to adopt the following Resolution granting Administrative
Relief as read into the record by the Growth Management Director today's date. Roll call vote
was taken with the following results:
Commissioner Nelson Yes
Commissioner Neugent Yes
Commissioner Rice No
Commissioner McCoy Yes
Mayor Spehar Yes
Motion carried.
RESOLUTION NO. 118-2003
Said Resolution is incorporated herein by reference.
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Ms. Conaway, and Ricardo N. Calvo, Ph.D., Project Manager, representing URS
Corporation addressed the Board concerning approval of a Resolution to submit the Habitat
Conservation Plan (HCP) for the Florida Key Deer and other protected species on Big Pine and
No Name Keys to the US Fish and Wildlife Service (USFWS). The following individuals
addressed the Board: Larry Sullivan, representing the Big Pine Key Civic Association; Henry
Morgenstern, representing the National Wildlife Federation, Defenders of Wildlife, and Florida
Wildlife Federation; Mick Putney, representing the Key Deer Protection Alliance; Kathy Wheeler,
Leroy Irwin, representing the Florida Department of Transportation; Alicia Putney, member of the
HCP Coordinating Committee; Debra Harrison, representing the World Wildlife Fund; Jim
Cameron, representing the Big Pine & No Name Key HCP Conservation Plan Coordinating
Committee; Jody Thomas, representing The Nature Conservancy; and Phil Frank, representing the
US Fish & Wildlife Service. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Rice to adopt the following Resolution as presented, with an
amendment that a maximum of200 dwelling units may be built on Big Pine Key and No Name
Key over a 20-year period. Roll call vote was unanimous.
RESOLUTION NO. 119-2003
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item with the Board concerning approval to direct the
Monroe County Planning Commission and Growth Management Department to immediately
review the possibility of imposing a moratorium on the transfer of TRE's to hotel or motel sites.
The following individual addressed the Board: Dave Vargas. Mr. McGarry and Mr. Collins also
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner McCoy to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 120-2003
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
The second of two Public Hearings was held of the Planning Department proposal to
amend Section 9.5-4 (H-6 Home occupation) to provide a clearer definition; Amending Sections
9.5-233,234,235.1,236,237,238,239,240,241,242, and 248 to delete Public Hearing
requirement; amending Section 9.5-247 (Commercial Fishing Special Districts), to allow home
occupations; creating Section 9.5-259 to provide rules and procedures for administrative approval
by the Planning Director of home occupations; providing for the severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe
County Code; directing the Clerk of the Board to forward a certified copy of this Ordinance to
the Florida Department of Community Affairs; and providing for an effective date. There was no
public input. Motion was made by Commissioner Rice and seconded by Commissioner McCoy to
adopt the following Ordinance. Roll call vote was unanimous.
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ORDINANCE NO. 007-2003
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed with the Board his letter dated February 7,2003 to
Governor Bush regarding wastewater issues.
Commissioner McCoy briefly discussed issues and concerns involving the media.
WASTEWATER ISSUES
Mr. Roberts and Jim Reynolds, representing the Florida Keys Aqueduct Authority gave
the Board an update briefing on wastewater management projects and issues.
Mr. Garrett gave the Board an update on issues and concerns involving the connection
cost and engineering design for residential and commercial properties within the Key West Resort
Utility service area. Mr. Roberts addressed the Board.
No action was taken by the Board concerning an amendment to FDEP Grant Agreement
LP03 3 7 between Monroe County and the Florida Department of Environmental Protection,
providing for wastewater funds under Specific Appropriation 1765A of the 2002-2003 State
budget.
Mr. Roberts addressed the Board concerning a letter from the Florida Keys Aqueduct
Authority concerning approval to move ahead with the Aqueduct Authority as a partner in
addressing the wastewater program in the Keys. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Rice to stop the RFQ process as
previously directed by the Board until a later date. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item with the Board concerning a joint meeting with
D.C.A., Monroe County and the municipalities to discus the priority of wastewater projects
through the year 2010. The Board authorized Commissioner Nelson to arrange the meeting.
COUNTY ADMINISTRATOR
Mr. Roberts made the following formal announcements:
The Florida Fish and Wildlife Conservation Commission is holding a Pubic Hearing on
Thursday, April 3, 2003 at 7:00 p.rn. at the Marathon Government Center for the purpose of
hearing public input regarding considerations for the FWC's five-year Conceptual Management
Plan for the Florida Keys Wildlife and Environmental Area (WEA).
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The Florida Department of Environmental Protection, Division of Recreation and Parks is
holding a Public Workshop on Friday, March 21,2003 at 9:00 a.m. at the Windley Key Fossil
Reef Geological State Park to discuss the proposed land management plan for this park with the
Advisory Group members.
The Florida Department of Environmental Protection, Division of Recreation and Parks
is holding an Advisory Group Meeting on Thursday, March 20,2003 at 9:00 a.m. at the Bahia
Honda Sand and Sea Nature Center at Bahia Honda State Park to discuss the proposed land
management plan for this park with the Advisory Group members.
Mr. Roberts addressed the Board. After discussion. motion was made by Commissioner
Neugent and seconded by Commissioner Rice granting approval of a revised Capital Projects Plan
for Fund 304, including the emergency project at the Key West International Airport terminal to
meet security needs and the proper area for passengers. Roll call vote was unanimous.
Commissioner Nelson excused himself from the meeting.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval to advertise an Ordinance amending Sec. 6.3-3 to permit the County to enter
into an Interlocal Agreement with other local governments for the purpose of sharing the services
of a code enforcement special master. Motion carried unanimously, with Commissioner Nelson
not present.
MISCELLANEOUS
Mayor Spehar discussed with the Board previous BOCC decisions.
The Board acknowledged thoughts and prayers for servicemen and servicewomen in the
Military.
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
ih-LJ. t. ~~~
Isabel C. DeSantis, Deputy Clerk