06/18/2003 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2003/129
Regular Meeting
Board of County Commissioners
Wednesday, June 18, 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; Rob Wolfe, Assistant County Attorney; County Staff, members of the press and
radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month award for the month of March 2003, to Jack
Julien, Superintendent of Solid Waste, Solid Waste Administration, Public Safety Division.
Presentation of an Appreciation Award to Larry Kelley and David Campbell of the
Monroe County Sheriff's Department, by the Monroe County Board of County Commissioners
and The Florida Keys Council for People with Disabilities.
Mayor's Proclamation proclaiming June 15th through June 22nd, 2003 as Florida
Federation of Business & Professional Women's Clubs Week.
Mayor's Proclamation proclaiming June 26th through June 28th, 2003 as the Fourth
Annual African-American Heritage Festival.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the following items:
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Board granted approval to remove surplus equipment from inventory via disposal, salvage
and donate. Said list is incorporated herein by reference.
Board granted approval and authorized execution of Grant Agreement No.
3-12-0037-020-2003 between Monroe County and the U.S. Department of Transportation
Federal Aviation Administration to fund: Runway Rehabilitation, Disadvantaged Business
Enterprise Plan, Noise Plan Study Update, Video Operations Equipment, and Runway Safety
Area Environmental Impact Statement Study, at the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
02/03-19 between Monroe County and URS for construction phase services for the Runway
Overlay and Drainage construction at the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
02/03-11 between Monroe County and URS to provide Noise Contour Update 2002, for the Key
West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
02/03-16 between Monroe County and URS for additional out of scope A & E design services for
the Noise Insulation Program Phase I, for the Key West International Airport.
Board granted approval and authorized execution of Purchase/Service Order No.
02/03-20 for the Noise Insulation Program Phase 2, Extended Construction Schedule, for the Key
West International Airport.
Board granted approval to award bid to Community Asphalt Corporation for Resurfacing *
Runway 9-27 and Drainage project at the Key West International Airport.
Board granted approval and authorized execution of an Addendum to Agreement, for
Emergency Generator Inspections and Electrical Repairs, between Monroe County and Condo
Electric Motor Repair for one (1) additional year.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Trooper Diego A Rios, on a month-to-month basis, and granted approval
for the Sheriff to appoint a new Law Enforcement Officer upon termination of the Lease.
Board granted approval to award bid and authorized execution of a Contract Agreement
between Monroe County and Siemens Building Technologies, Inc. for the testing, certification,
and maintenance of the Monroe County Detention Center fire alarm system, building automation
system, and smoke control system; the Sheriff's Administration Building fire alarm system and
building automation system; the Juvenile Justice Center fire alarm system and building automation
system; and the Courthouse Annex fire alarm system.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Azurix North America, American Water Services for the operation and
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Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Azurix North America, American Water Services for the operation and
maintenance of the wastewater treatment plant located at the Plantation Key Government
Complex.
Board granted approval of the monthly report on Change Orders reviewed by the County
Administrator.
Board granted approval to waive purchasing policies and procedures and issue a Purchase
Order in the amount of$30,000 to perform environmental services associated with the closure of
the wastewater treatment plant at the Monroe County Detention Center on Stock Island.
Board granted approval to waive purchasing policy and authorized execution of a one year
extension for a Special Service Arrangement with BeIISouth for Megalink Service, Megalink point
to point service.
Board granted approval to waive purchasing policy and authorized execution of a one year
extension for a Special Service Arrangement with BellSouth for Frame Relay Service.
Board granted approval to waive purchasing policy and approval of a one year extension
for a Special Service Arrangement with BeIISouth Communications Systems for a dedicated
technician.
Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of
Unanticipated Funds, and Amending:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 191-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 192-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 193-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 194-2003
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 195-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 196-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 197-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 198-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 199-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 200-2003
Said Resolution is incorporated by reference.
Amending Resolution No. 494-2002 (OMB Schedule Item No. 11).
RESOLUTION NO. 201-2003
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 202-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 203-2003
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 204-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 205-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 206-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 207-2003
Said Resolution is incorporated herein by reference.
Amending Resolution No. 144-2002 (OMB Schedule Item No. 18).
RESOLUTION NO. 208-2003
Said Resolution is incorporated by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 209-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 210-2003
Said Resolution is incorporated herein by reference.
Board granted approval to accept renewal proposal from Arthur 1. Gallagher for Airport
Liability Insurance for Key West and Marathon Airports, and authorized the Mayor to execute the
Client Authorization to Bind Coverage form.
Board granted approval and authorized execution of an Amendment to Client Agreement
for Network Access Regarding Privacy and Security of Protected Health Information between
Monroe County and Multiplan, Inc., our nationwide network. Agreement covers security of
Protected Health Information (PHI) as required by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy Rule effective April 13,2003.
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Board granted approval to issue a Purchase Order to Wheeled Coach Industries, Inc. in
the amount of$91,673.30 for the purchase of one 2003 Ford XL E-450 Type III Ambulance by
piggy-backing the Florida Sheriff's Association and Florida Association of Counties
vehicle/equipment bid Contract (02-10-0826) Specification #32.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and the District Board of Trustees of Florida Keys Community College
concerning EMS training to June 30,2004.
Board granted approval to issue a Purchase Order to Insight Corporation in the amount of
$50,784.00 for the purchase often (10) HH3 Color Pen Base Unit Computers and necessary
accessories through State Contract No. 250-000-03-1 effective 08/01/02 through 07/31/05.
Board granted approval to award bid and issue a Purchase Order to Pinpoint
Technologies, Inc. in the amount of$45,860.00 for the purchase of EMS Pro software package
including network and mobile licensing, training, installation and tech support for pre-hospital
collection of data to be used for patient care reporting, state reporting and electronic billing.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the South Florida Employment and Training Consortium for reimbursement
for Jim Malloch, Liaison, to travel to Miami for meetings.
Board granted approval and authorized execution of an Amendment to Contract
#WWW-py' -0 1-0 1-03 between Monroe County and the South Florida Employment and Training
Consortium revising the financial closeout procedures of the program Workforce/Welfare
Transition/W elf are to Work.
Board granted approval and authorized execution of the Renewal of Home Care for the
Elderly (HCE) Contract KH372 between the Alliance for Aging, Inc., and Monroe County Social
Services/In-Home Services Program for fiscal year July 1,2003 through June 30, 2004.
Board granted approval and authorized execution of the Renewal of Alzheimer's Disease
Initiative (AD I) Contract KZ397 between the Alliance for Aging, Inc. and Monroe County
Social Services/In-Home Services Program for fiscal year July 1,2003 through June 30, 2004.
Board granted approval and authorized execution of the Renewal of Community Care for
the Elderly (CCE) Contract KC371 between the Alliance for Aging, Inc. and Monroe County
Social Services/In-Home Services Program for fiscal year July 1, 2003 through June 30,2004.
Board granted approval and authorized execution of the Renewal of Community Care for
Disabled Adults (CCDA) Contract KG047 between the State of Florida, Department of Children
& Families and Monroe County Social Services/In-Home Services Program for fiscal year July 1,
2003 through June 30,2004.
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TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Artificial Reefs of the Keys for the Vandenburg Project to extend Agreement
to March 15, 2004, and allow for additional insurance coverage requirements.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and Key West Botanical Garden Society covering the ADA Compliant Walkway project
in an amount not to exceed $103,000, DAC I, FY 2003 Capital Project Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County, Charlotte Ambrogio and Patrick L. Dorsy assigning rights of
agreement, with Charlotte Ambrogio for the Islamorada Fall Fly Bonefish Tournament on
September 16-19, 2003, over to Patrick L. Dorsy on behalf of the Islamorada Invitational Fall Fly
Bonefish Tournament.
DIVISION OF PUBLIC WORKS
Board granted approval to amend the 7-Year Roadway Plan to include the paving of No
Name Drive, No Name Key in next year's schedule.
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Thomas E. and Shawn M. Dudley, Permit No. 01-3-2442, for
property described as Lots 13-16, Block 7 Anglers Park, Monroe County. Real estate numbers
00552150-000000,00552160-000000,00552170-000000&00552180-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Excalibur 2000, Inc., Mita M. Burke (President), Permit No.
01-3-2583, for property described as Lot 20, Block 8 Harbor Course South Section 4, Monroe
County. Real estate number 00573720-002000.
Board granted approval and authorized execution of Amendment NO.2 to Supplemental
Joint Participation Agreement AI893 between Monroe County and the Department of
Transportation to provide funding for Transportation Planning Assistance, the Florida Keys
Scenic Highway Program and Livable CommuniKeys Planning.
Board adopted the following Resolution repealing Resolution No. 364-1992 and all
amendments, and any other previous fee schedules inconsistent herewith, and amending the
Planning Department Fee Schedule to more effectively represent the current costs required to
adequately offset the true costs of providing such service to the parties receiving the benefits of
development approval, and thus, further reducing the burden currently being borne by the
taxpayers at large.
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RESOLUTION NO. 211-2003
Said Resolution is incorporated herein by reference.
Board granted approval for the Growth Management Division to solicit a Request for
Proposals to hire a consultant firm to prepare a Harbor Reservation/Redeve1opment Area and a
Corridor Enhancement Plan for Stock Island.
Board granted approval of a Blanket Purchase Order by Monroe County from the firm of
HDR Engineering, Inc., to provide technical and management assistance under State Contract No.
973 -00 1-00-1.
Board adopted the following Resolution supporting an application to the Florida
Department of Community Affairs for a Small Cities Community Development Block Grant
(CDBG) to include a project involving Knuckleheads Restaurant, Bay Point.
RESOLUTION NO. 212-2003
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for emergency removal of a 28" X 70' tree
off of Key Largo.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the removal ofDV3A3740 located
off of Ohio Key.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Arnold's Auto & Marine Repair, Inc. for the emergency removal of
DV3A3762 located off of Marathon.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the replacement/upgrading of the
regulatory marker system at Key Colony Beach.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution adopting the DCA executed Community
Development Block Grant, Contract Agreement for the 2002 cycle.
RESOLUTION NO. 213-2003
Said Resolution is incorporated herein by reference.
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COMMISSIONERS' ITEMS
Board granted approval of Commissioner Nelson's appointment of Marlen Weeks to the
Florida Keys Council for People with Disabilities, replacing Andrew Tobin.
Board adopted the following Resolution recognizing the need for the United States Postal
Service to establish a stable service and a stable staffing level in Key West and the Keys.
RESOLUTION NO. 214-2003
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution in recognition of the late Eugene Richard Lytton,
Sr.
RESOLUTION NO. 215-2003
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board approved the following Warrants (83813-85312 & 205160-205316 & 1105-1564):
General Fund (001), in the amount of$1,207,195.74; Sup to General Revenue (002),
in the amount of$28,572.20; Fine & Forfeiture Fund (101), in the amount of$2,614,212.66;
Road and Bridge Fund (102), in the amount of$368,483.08; Law Library Fund (103), in the
amount of $5,761.90; TDC District Two Penny (115), in the amount of$147,030.43; TDC
Admin. & Promo 2 Cent (116), in the amount of$126,020.14; TDC District 1,3 Cent (117),
in the amount of $36,471.23; TDC District 2, 3 Cent (118), in the amount of$3,018.96; TDC
District 3, 3 Cent (119), in the amount of ($15.97); TDC District 4, 3 Cent (120), in the
amount of$31,953.03; TDC District 5, 3 Cent (121), in the amount of$1,568.37; Gov. Fund
Type Grants (125), in the amount of$1,210,375.42; Fire & Amb Dist 1 L&M Keys (141), in
the amount of$138,699.28; Upper Keys Health Care (144), in the amount of$4,363.09; Fire
& Amb Dist 6 Key Largo (146), in the amount of$26,026.37; Uninc Svc Dist Parks&Rec
(147), in the amount of $27,369.47; Plan, Build, Zoning (148), in the amount of$120,422.58;
Municipal Policing (149), in the amount of $394,433.49; 911 Enhancement Fee (150), in the
amount of$102,637.20; Duck Key Security (152), in the amount of $221.22; Local Housing
Assistance (153), in the amount of $26, 183.09; Boating Improvement Fund (157), in the
amount of$885.96; Misc. Special Revenue Fund (158), in the amount of$13,400.00; Law
Enforcement Trust (162), in the amount of$65,215.34; 93' Refunding Imp. Bonds (203), in
the amount of$60.00; 2003 Revenue Bonds (207), in the amount of$85,132.41; 1 Cent Infra
Surtax (304), in the amount of$167,064.44; 2003 Revenue Bonds (307), in the amount of
$815.02; Card Sound Bridge (401), in the amount of$44,821.86; Marathon Airport (403), in
the amount of$120,086.56; Key West IntI. Airport (404), in the amount of$131,235.71; MSD
Solid Waste (414), in the amount of$1,068,776.32; MSD Debt Service (415), in the amount of
$60.00; Worker's Compensation (501), in the amount of$15,992.93; Group Insurance Fund
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(502), in the amount of $289,458.11; Risk Management Fund (503), in the amount of
$686,010.81; Fleet Management Fund (504), in the amount of$85,600.77.
FINES & FORFEITURES
Court Reporter Services, Amy Landry Reporting, in the amount of$50.00; Associated
Court Reporters, in the amount of$3,045.00; Barbara 1. Grant, in the amount of$1,268.19;
Catherine H. Webster AKA Cathy Webster, in the amount of$848.25; Cheryl McDonough, in the
amount of$340.75; Court Reporters of Key West, in the amount of$412.50; Fred W. Jeske, in
the amount of$55.00; Laws Reporting Inc., in the amount of $4,221.60; Martin Leshaw, in the
amount of $200.00; Monroe County Court Reporting, in the amount of$1,677.00; Robin Vargas,
Court Reporting, in the amount of$260.75; Suzanne Ex dba All Keys Reporting, in the amount of
$1,136.75. Competency Evaluation, A Louis Oconnor PHD, in the amount of$4,500.00; Care
Center for Mental Health, in the amount of $2, 100.00; James W. Holbrook EDD, in the amount
of$3,150.00; Josefina Perez-Castro, in the amount of$250.00; Mary Jo Thomas MD PA, in the
amount of$l,OOO.OO; Pamela A. Strother LCSW, in the amount of $700.00; The Counseling
Associates, in the amount of$2,750.00. Court Interpreter, Alex Diaz, in the amount of$345.00;
Claudia M. Hancock, in the amount of$230.00; Deborah Jeanniton, in the amount of$25.00;
Estrella Garcia, in the amount of$287.50; Marisol Garcia, in the amount of$185.00; Martha
Hernandez, in the amount of$95.00; Mary Lou Waas, in the amount of$275.00; Sandra E. Lam,
in the amount of$220.00; Sergio Alvarez, in the amount of$90.00. Witness Coordination,
Witness Payroll, in the amount of$230.00; Witness Travel & Per Diem, in the amount of
$12,410.74. Expert Witness, Alliance for Psychological Services, in the amount of$393.75;
Community Behavioral Services, in the amount of$450.00; Jan Ansley, in the amount of
$11,800.00; John R. Feegel, in the amount of$2,008.50; John Welch, in the amount of$42.00;
La Pensione Inn, in the amount of$138.00; Michael S. Maher MD, in the amount of$500.00;
State of Florida (Public DefOft), in the amount of$1,209.50; W J Heffernan PA, in the amount
of$450.00; William Vicary Medical Co., in the amount of$3,075.00. Court Appointed
Attorney Fees - Conflict, Carl Palomino Esq, in the amount of$1,803.75; Feldman Koenig &
Highsmith, in the amount of$342.00; Halford G. Schuhmacher PA, in the amount of$1,553.25;
John P. Rotolo PA, Inc., in the amount of$1,582.50; Law Offices of Christopher Meyer, in the
amount of$592.50; Law Offices of Manuel Garcia, in the amount of$1,035.00; Law Offices of
Samuel Kaufinan, in the amount of$350.00; Roberta Fine PA, in the amount of$1,995.00; The
Margalli Law Office, in the amount of$956.25; W J Heffernan, Jr., in the amount of$1,400.00;
Wayne Dapser, in the amount of$469.00. Other Services Circuit, Catherine Vogel, in the
amount of $96.90; Esquire Deposition Services, in the amount of$216.00; State of Florida
(Public Defender's Oft), in the amount of$743.00. Miscellaneous Expenses, Martinez Medical
Lab, in the amount of$180.00; Quality Copy Acquisition, in the amount of$38.19; State of
Florida (State Attorney's Oft), in the amount of $19.90.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of May 2003: Advertising, in the amount of$3,441.75; Bricks & Mortar Projects, in
the amount of$3,286.92; Visitor Information Services, in the amount of $44,499.98; Events, in
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the amount of$59,188.43; Office Supplies & Oper Costs, in the amount of$83,370.37;
Personal Services, in the amount of$52,005.30; Public Relations, in the amount of$5,793.94;
Sales & Marketing, in the amount of$64,475.31; Telephone & Utilities, in the amount of
$17,805.48; Travel, in the amount of$12, 178.71.
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meetings of April 16 & 17, 2003 (previously distributed).
COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the County Administrator to approve
and sign temporary State Road closure permit requests for special events and to carry out the
aims of this Resolution.
RESOLUTION NO. 216-2003
Said Resolution is incorporated herein by reference.
Board granted approval of ratification of action taken by the County Administrator
between the May and June 2003 County Commission meetings in reference to supporting the
Monroe County Health Department in obtaining funding for a Disease Management Wellness
Project.
Board granted approval to recreate the position of Director of Airports to oversee the
operations at Key West International Airport and Florida Keys Marathon Airport.
Board granted approval of an Amnesty Program for self-administered local option tax
(TDC) due prior to July 1, 2003.
COUNTY ATTORNEY
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the School Board of Monroe County concerning traffic (driver) education
programs funded with the additional $3 collected from civil traffic penalties.
Board adopted the following Resolution rescinding an Interlocal Agreement dated
October 16, 2002 with the City of Marathon, for the repair of the Boot Key Harbor Bridge.
RESOLUTION NO. 217-2003
Said Resolution is incorporated herein by reference.
Board granted approval of the request to institute foreclosure and collection proceedings
and for authority to settle 16 code enforcement lien cases, and to engage outside counsel, if
necessary.
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Board granted approval and authorized execution of a proposed Settlement Agreement, in
Case No. CAK-98-238, Monroe County v. Alfred Gustinger, Jr.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Reggie Paros, Public Safety Director addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following
Resolution authorizing the submission of the Consolidated Solid Waste Management Grant
Application to the Florida Department of Environmental Protection for Fiscal Year 2004 and
authorizing the Mayor to execute same. Motion carried unanimously.
RESOLUTION NO. 218-2003
Said Resolution is incorporated herein by reference.
Stephanie Coffer, Director of Planning and Construction addressed the Board. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson
granting approval to award bid and authorized execution of a Standard Form of Agreement
between Monroe County and Weathertrol Maintenance Corp. for the installation of Phase II of
the Chilled Water System at the Jackson Square complex. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
appoint Joshua Mothner as the "At Large" appointment to the Tourist Development Council
District III Advisory Committee. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
appoint Micki McIntyre as the" At Large" appointment to the Tourist Development Council
District V Advisory Committee. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Dave Koppel, County Engineer reported to the Board a request from the City of Key
West to obtain the parking area property which surrounds Palm Avenue at Garrison Bight Marina
owned by the State of Florida. After discussion, motion was made by Commissioner McCoy and
seconded by Commissioner Neugent that Monroe County support writing a letter of no objection
to the State of Florida, conditioned upon the acceptance of Palm Avenue by the City of Key
West. Motion carried unanimously.
Mr. Koppel also discussed a Functional Classification Study being conducted by the
Department of Transportation of all county roads in reference to Whitehead Street, Truman
Avenue, and part of Flagler Avenue (from White to Bertha).
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Mr. Pierce informed the Board that the removal of La Paloma Bridge in Key Largo had
been completed and that the fill is being hauled down to Mariner's Park in Big Pine Key.
DIVISION OF MANAGEMENT SERVICES
Sheila Barker, Director of Management Services discussed with the Board statistics
concerning the turn over rate of Monroe County employees.
AIRPORTS
Peter Horton, Key West International Airport Manager reported to the Board passenger
statistics concerning post 9/11 and indicated that there has been a 10% increase the first five
months of this year; details of an Airport Air Service Development Grant Program that he and
Reggie Paros, the County's Public Safety Director were working on together concerning the
Florida Keys Marathon Airport; and information on a proposed City of Key West ordinance
concerning stormwater monthly charges at the Key West International Airport.
Reggie Paros, Public Safety Director/Florida Keys Marathon Airport Manager reported to
the Board concerning the following general aviation and construction projects: the continuation of
air service by Florida Coastal Air; construction of t-hangars and relocation of shade hangars;
sheriff's hangar project; service road/landscaping project; ongoing runway taxiway markings;
status of the proposed new Marathon Fire Department to be located at the airport; cargo apron
rehabilitation plans; planning for phase Il oft-hangars; possible expansion of one of the FBO
aprons; possible relocation of air cargo (Federal Express) to the east end of the airport; and the
initiation of monthly meetings with all tenants at the airport.
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Timothy McGarry, Growth Management Division Director addressed the Board. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to
adopt the following Resolution recognizing that the historical designation of the Hermitage,
25340 4th Street, Summerland Key, Monroe County, Florida, Real Estate Numbers 196690,
196970, and 115100, is void ab initio for failure to comply with due the Monroe County due
process requirements. Motion carried unanimously.
RESOLUTION NO. 219-2003
Said Resolution is incorporated herein by reference.
James Roberts, County Administrator and George Garrett, Marine Resources Director
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Nelson granting approval to advertise an Ordinance relating to the provision of
wastewater services and facilities in Monroe County, Florida; Authorizing the imposition and
collection of wastewater assessments against property; Providing certain definitions including a
definition for the term: "Wastewater Assessment"; Establishing a procedure for imposing
wastewater assessments; Providing that wastewater assessments constitute a lien on assessed
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property upon adoption of assessment roll; Providing that the lien for a wastewater assessment
collected pursuant to sections 197.3632 and 197.3635, Florida Statutes, upon perfection shall
attach to the property on the prior January 1, the lien date for ad valorem taxes; Providing that a
perfected lien shall be equal in rank and dignity with the liens of all State, County, District, or
Municipal taxes and assessments and superior in dignity to all other prior liens, mortgages, titles,
and claims; Providing a procedure for collection of wastewater assessments; Providing a
mechanism for the imposition of assessments on government property; Providing for severability;
and Providing an effective date. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Myra Hernandez, CCTM - Manager/KWDoT, representing the City of Key West
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Rice granting conceptual approval for Monroe County Government to enter
into an Interlocal Agreement with the City of Key West to provide an "In Kind" match for grants
underwriting fixed route bus service from Key West to MM 50 in Marathon on a daily basis
starting in September 2003. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Dent Pierce, Public Works Director and Gwen Hawtof, M.D. - President, Florida Keys
SPCA, Inc. addressed the Board. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Neugent granting approval per Staff recommendation of a Renewal
Agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty
to Animals, Inc. for operation of the Key West Animal Shelter in the amount of$333, 102.00 per
year (3% CPI increase of $9,702.00 over the current year's Contract of$323,400.00), and
adoption of the following Resolution concerning the Transfer of Funds. Motion carried
unanimously.
RESOLUTION NO. 220-2003
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry reported to the Board concerning Nutrient Credits, the Rate of Growth
Ordinance, status of the 21 Big Pine Key permits, and an update ofa meeting held with
representatives from the Department of Community Affairs concerning the designation of the
Area of Critical State Concern (ACSC).
DIVISION OF MANAGEMENT SERVICES
Dr. Jake Rutherford, representing the Monroe County Health Department; Vianca Stubbs,
representing the Health Council of South Florida; and Sonya Albury, representing the Monroe
County Community Health Initiative addressed the Board. Ms. Stubbs then made a presentation
to the Board concerning the Final Recommendation and Action Plan. Motion was made by
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Commissioner Rice and seconded by Commissioner Neugent to accept the Final
Recommendations and Action Plan to Improve Health Care Delivery in Monroe County, prepared
by the Health Council of South Florida under Contract with Monroe County; approval of invoice
for $10,000.00 for final deliverable. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board accepted the Growth Management Litigation Report dated June 13,2003,
from Attorney Karen Cabanas of the firm, Morgan & Hendrick.
COMMISSIONERS' ITEMS
Mayor Spehar discussed her item with the Board concerning discontinuation of enrollment
in the Certificate for Public Management (CPM) course for 2003-2004. Motion was made by
Mayor Spehar and seconded by Commissioner McCoy to delay the program for this year and
divert the funds to the County's benefits package. James Roberts, County Administrator
addressed the Board. After consideration, Mayor Spehar removed the item from the agenda.
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, Vice-Chairperson Mayor
Dixie Spehar, and City of Layton Commissioner Kevin Madok as Chairperson.
Clark Martin, Fire Chief addressed the Board concerning status of the new Big Pine Key
Fire Station.
Motion was made by Vice-Chairperson Mayor Dixie Spehar and seconded by
Commissioner Rice granting approval and authorizing execution of an Assignment, Delegation
and Release Agreement between Monroe County, Second Review, Inc., a Florida Corporation
(formerly known as Advanced Data Processing, Inc., a Florida Corporation) and Advanced Data
Processing, Inc., a Delaware Corporation, for Rescue Ambulance Billing and Related Professional
Services. Motion carried unanimously.
Motion was made by Commissioner Rice and seconded by Vice-Chairperson Mayor Dixie
Spehar granting approval and authorizing execution of a Contract Addendum for Rescue
Ambulance Billing & Related Services between the Board of Governors, Fire and Ambulance
District 1, and Advanced Data Processing, Inc. to extend the term of the Agreement for an
additional one (1) year period. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
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The meeting of the Monroe County Board of County Commissioners reconvened with all
Commissioners present.
COMMISSIONER'S ITEMS
Commissioner Neugent discussed his item with the Board concerning adoption of a
Resolution in support of the Friends of Fort Zachary Taylor applying for grant money from the
Federal and State Government. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 221-2003
Said Resolution is incorporated herein by reference.
Commissioner Neugent discussed his item with the Board concerning approval by the
Board of County Commissioners of Monroe County, Florida to obtain management authority
from the State of Florida on the property located on US 1 known as the "swimming hole" at the
far west end of Big Pine Key. Mr. Garrett and Mr. Roberts addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
move forward with the request. Motion carried unanimously.
Commissioner Neugent discussed his item with the Board concerning possible Ordinances,
with Growth Management, that would restrict the transfer - from mobile home parks - of
development rights and the rezoning of such. Mr. McGarry and Barry Patterson addressed the
Board. No official action was taken by the Board.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval to confirm the Governor's appointments of Aaron Castillo, Humberto Jimenez
and Michael Ozegovich to the Monroe County Housing Authority Board. Motion carried
unanimously.
COUNTY ATTORNEY
Jill Patterson, Joaquin Fernandez, representing Key Largo Ocean Resort; and Ricardo
Irizarry addressed the Board. Assistant County Attorney Bob Shillinger discussed the request for
approval of Settlement Agreement, Case No. CAP 96-260, in Monroe County vs. Key Largo
Ocean Resorts Co-op, Inc. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Rice granting approval and authorizing execution of the above
Settlement Agreement. Motion carried unanimously.
COMMISSIONERS' ITEMS
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Commissioner Nelson discussed his item with the Board concerning a report of the
Tallahassee trip on May 28,2003 to discuss funding issues with the Department of Community
Affairs.
COUNTY ADMINISTRATOR
Mr. Roberts discussed with the Board Monroe County receiving the National Association
of Counties (NACo) 2003 Achievement Award for a variety of projects and programs.
Mr. Roberts indicated, per the Board's instructions, that the 2.4% increase over rollback
has been achieved for the proposed Fiscal Year 2003-2004 budget.
Mr. Roberts also discussed the meeting in Tallahassee last week with representatives from
the Department of Community Affairs and the Department of Management Services concerning
the new Small County Health Insurance Program, Monroe County's Comprehensive Land Use
Plan, wastewater funding, and land acquisition issues.
COMMISSIONERS' ITEMS
Commissioner McCoy addressed the Board. Motion was made by Commissioner Nelson
and seconded by Commissioner Neugent to adopt the following Resolution commending Captain
Lawrence S. Cotton, Jr., United States Navy, for his tenure and tour of duty in the Florida Keys.
Motion carried unanimously.
RESOLUTION NO. 222-2003
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Mr. Roberts discussed with the Board approval to proceed with due diligence for the
purchase of six (6) lots on Cudjoe Key for the site of a Lower Keys government services building.
After discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Nelson granting approval of the item. Roll call vote was taken with the following results:
Commissioner Nelson Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner McCoy No
Mayor Spehar Yes
Motion carried.
COUNTY ATTORNEY
Commissioner Rice abstained from participating on the following item:
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Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
adopt the following Resolution approving the issuance by the Monroe County Industrial
Development Authority of its Health Care Facilities Revenue Bond (The Guidance Clinic of the
Middle Keys, Inc. Project), Series 2003, in an aggregate principal amount not to exceed
$2,500,000 the proceeds of which will be used principally to refinance certain outstanding
indebtedness ofthe Guidance Clinic of the Middle Keys, Inc., and to finance certain capital
improvements to the Health Care Facilities of the Guidance Clinic of the Middle Keys, Inc.; and
providing an effective date. Roll call vote was unanimous, with Commissioner Rice abstaining.
RESOLUTION NO. 223-2003
Said Resolution is incorporated herein by reference.
Commissioner Nelson excused himself from the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Buildings and
Construction, Section 6-27 (D)(2) (Fees), Monroe County Code; providing for full exemption
from Monroe County permitting fees for affordable housing construction projects receiving
county financial assistance; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; providing for
severability; and providing for 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, with Commissioner Nelson not present.
ORDINANCE NO. 019-2003
Said Ordinance is incorporated here by reference.
Commissioner Nelson returned to the meeting.
A Public Hearing was held to consider adoption of an Ordinance creating Secs. 15.5-33
through 15.5-38, Monroe County Code, in order to provide for a uniform wastewater connection
policy for unincorporated areas within Monroe County, by supplementing Secs. 15.5-20 through
15.32, Monroe County Code, concerning required connection to available sewerage systems as
defined therein, providing for inclusion in the Code of Ordinances, providing for severability,
providing for repeal of Sections found inconsistent with this revision, and providing for an
effective date. The following individuals addressed the Board: Diana Flenard-Moore, John Jones,
Al Vercellino, Kim Wigington, and Sandy Walters, representing Roy's Trailer Park. Mr. Garrett
and Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority addressed the
Board. After discussion, motion was made by Commissioner McCoy and seconded by
Commissioner Nelson to adopt the Ordinance. After further discussion, the maker of the motion
withdrew with the second accepting. Motion was then made by Commissioner Nelson and
seconded by Commissioner Rice to table the item to the next Board meeting scheduled for July
15,2003, at 3:00 p.m. in Key West. Motion carried unanimously.
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Commissioner Neugent excused himself from the meeting.
A Public Hearing was held to consider adoption of an Ordinance amending Article II,
Section 5.5-17, Boats, Docks, and Waterways, eliminating the term and definition "navigable
canal" and replacing it instead with the term and the definition "man made water body" as
currently established in Article I of the Chapter, further amending the Chapter to modify certain
Articles and Sections throughout the Chapter to move all definitions to Article I of the Chapter,
providing for inclusion in the Code of Ordinances, providing for severability, providing for repeal
of Sections found inconsistent with this revision, and providing for an effective date. There was
no public input. Motion was made by Commissioner Rice and seconded by Commissioner Nelson
to adopt the following Ordinance. Motion carried unanimously, with Commissioner Neugent not
present.
ORDINANCE NO. 020-2003
Said Resolution is incorporated herein by reference.
Commissioner Neugent returned to the meeting.
A Public Hearing was held to consider adoption of an Ordinance prohibiting persons from
remaining upon Loop Road, SugarloafKey, between sundown and sunrise; providing for posting
of signs; providing for penalties for violations; 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. Assistant County
Attorney, Rob Wolfe addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Rice to adopt the following Ordinance, with the addition of the
following amendment:
The County Administrator may also authorize persons to be on Loop Road, Sugarloaf
Key, between sunset and sunrise for events such as, but not limited to, automobile events,
bicycling events, running events, and television movie productions.
Motion carried unanimously.
ORDINANCE NO. 021-2003
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance revising Sec. 6-56,
definition of Aluminum Specialty Contractor to include vinyl and plastic products and requiring
licensure for the installation of canopy frames; 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 Neugent and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
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ORDINANCE NO. 022-2003
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Sec. 6-90,
Monroe County Code, Powers and Duties, to provide for the imposition of enhanced fines for
aiding and abetting unlicensed activities, amending the assessment of administrative fees and
renumbering of subsections; 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
Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 023-2003
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending Sec. 6-59(111)
and 6-62, Monroe County Code, in order to delete references to the testing agency of Block &
Associates, and adding such examiner as designated by the contractors examining Board;
Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code of Ordinances; and Providing an
effective date. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 024-2003
Said Ordinance is incorporated herein by reference.
SOUNDING BOARD
Betty Vail made a presentation to the Board to turn the Florida Keys Marathon Airport
into an airport authority. Dan Mahoney addressed the Board. No official action was taken by the
Board.
WASTEWATER ISSUES
Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Nelson to allow Key West Resort Utilities to ask for a
5% down payment, pending passage of an assessment Ordinance, which will allow for additional
financing considerations. Motion carried unanimously.
Mr. Roberts discussed the Intergovernmental Task Force and indicated that they had
requested the Board call a meeting to discuss certain issues.
James Reynolds, Deputy Executive Director of the Florida Keys Aqueduct Authority
addressed the Board. Ray Shimokudo, Department Director - Environmental Services made a
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presentation to the Board on wastewater management projects and issues concerning Bay Point,
Conch Key, and Big Coppitt Key.
The Board discussed calling a Special Workshop between the Board of County
Commissioners and the Board of Directors for the Florida Keys Aqueduct to discuss wastewater
issues.
Commissioner Nelson requested his item concerning the discussion and approval of a
standardized method of bidding, method of process, method of collection, and type of materials
used for wastewater plants under one million gallons per day in unincorporated Monroe County,
be heard after the workshop between the Board of County Commissioners and the Board of
Directors for the Florida Keys Aqueduct.
COUNTY ADMINISTRATOR
The Board discussed a request by various municipalities that the County consider new
sharing arrangements for gas taxes. The following individuals addressed the Board: Mayor
Randy Mearns, representing the City of Marathon; John Repetto, Mayor Chris Sante, representing
Islamorada, Village of Islands; and Mark Gregg, representing Islamorada, Village of Islands. Mr.
Roberts addressed the Board. This item was referred to the County Administrator.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending the Monroe
County Land Development Regulations by amending Section 9.5(A-5), (M-6.2) and (M-1O),
Section 9.5-122(c) and Section 9.5-266(a-h). Revisions to Affordable Housing Regulations.
There was no public input. This item was continued to the Board meeting scheduled for July 15,
2003, at 5:00 p.m. in Key West.
A Public Hearing was held concerning adoption of an Ordinance creating Section
9.5-120.6, Monroe County Code, providing for a moratorium on the transfer of recreational
vehicle spaces to hotel and motel units off-site; 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: Donald Craig, representing Northstar Resort; and Ray
Chote. Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote
was unarumous.
ORDINANCE NO. 025-2003
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning adoption of an Ordinance amending Section
9.5-268 (existing residential dwellings), Monroe County Code to permit residential structures
legally established before January 4, 1996 to be considered as legal residential structures and
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permit improvements to those structures; 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 an effective date. The Board accepted public
input with the following individual addressing the Board: Ray Chote. After discussion, motion
was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 026-2003
Said Ordinance is incorporated herein by reference.
The first of two Public Hearings was held concerning adoption of an Ordinance
designating Tier Maps and adopting interim development regulations deferring ROGO and
NROGO Allocations in Tier I and Tier II areas until land development regulations and
comprehensive plan amendments implementing the work program mandated by Rule 28-20.100,
F.A.C. are drafted and adopted by the County Commission or eighteen months, whichever comes
first. Mr. McGarry addressed the Board. The Board accepted public input with the following
individuals addressing the Board: Sandy Walters, Tom Rothdeutsch, Nancy Klingener,
representing Last Stand; Dianna Stevenson, representing Orchid Park Homeowner's as Agent; Ed
Swift, Larry Keys, Marge Montana, representing the Sugarloaf Shores Property Owner's
Association; Donald Craig, representing Lloyd K. Johnson; May D. Chote, Ray Chote, Andrew
Tobin, Sherry Phillips, Jill Patterson, Mike Laudicina, H. T. Pontin, Bill Smith, representing
Florida Keys Contractor's Association; Kim Fisher, David W. Tuttle, Joel Rosenblatt, Dennis
Henize, Lloyd A. Good, Jr., Kieran Mahoney, Debra Harrison, representing World Wildlife Fund;
Rebecca Jetton, representing the Department of Community Affairs; Larry Sullivan, representing
the Big Pine Key Civic Association; George F. Wilson, Kathryn Wheeler, Richard Grosso,
representing Florida Keys Citizens Coalition, et al; and Mick Putney. James T. Hendrick, Special
Litigation Counsel addressed the Board. (The second public hearing on this item is scheduled for
July 15, 2003, at 5:00 p.m. in Key West).
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item with the Board concerning adoption of a
Resolution supporting the reconstruction of the Old Seven Mile Bridge to the original design and
requesting the Florida Department of Transportation expedite the work. Motion was made by
Mayor Spehar and seconded by Commissioner Neugent to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 224-2003
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
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of County Commissioners
Monroe County, Florida
Sh~c. ~~
Isabel C. DeSantis, Deputy Clerk