09/20/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
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Regular Meeting
Board of County Commissioners
Thursday, September 20,2001
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; James Hendrick, County Attorney; County Staff, members ofthe press and radio;
and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Mayor Neugent and seconded by Commissioner Nelson granting
approval of the additions, corrections and deletions to the Agenda. Motion carried unanimously,
with Commissioner Williams not present.
County Attorney James T. Hendrick gave Notice that on Thursday, September 20,2001,
at 2:00 PM, or as soon thereafter as can be heard, at the Marathon Government Center, the
BOCC will convene in an attorney-client session with the County Administrator Jim Roberts,
County Attorney Jim Hendrick, and Wayne Smith, Esq., in order to discuss the following
litigation: Monroe Countv v. Post Buckley Schuh & Jernigan. Inc.
PRESENTATION OF AWARDS
Presentation of Employee of the Month award for June 2001, to Ms. Sarah "Tiny" Curry,
Nutrition Site Manager of the Truman School Site in Key West, Social Services Department,
Community Services Division.
Presentation of Employee ofthe Month award for July 2001, to Sheri Carpenter,
Technical Services Systems Analyst dedicated to the Monroe County Public Libraries, Technical
Services Department, Management Services Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Virginia Joubert, Facilities Maintenance, Public Works Division.
Mayor's Proclamation recognizing the month of October 2001 as United Way Month.
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BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval of the following items:
Board adopted the following Resolution rescinding Resolution 308-2001 for the
Memorandum of Agreement with the Florida Department of Environmental Protection for use of
the County Incentive Grant Program Funds, and granted approval and authorized execution of a
Memorandum of Agreement between Monroe County and Florida Department of Environmental
Protection (DEP) for the survey, design, permitting and/or construction of portions ofthe
Overseas Heritage Trail.
RESOLUTION NO. 362-2001
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution rescinding Resolution 315-2001 for the Joint
Participation Agreement with the Florida Department of Transportation for the County Incentive
Grant Program, and granted approval and authorized execution of a County Incentive Grant
Program between Monroe County and the Florida Department of Transportation (FDOT).
RESOLUTION NO. 363-2001
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Public Transportation Joint
Participation Agreement, Contract No. AK519, between Monroe County and the State of Florida
Department of Transportation providing 100% of the funding to hire a part-time Florida Keys
Scenic Highway Coordinator.
Board adopted the following Resolution approving an exemption from the Nonresidential
Permit Allocation System pursuant to Policy 101.3.4 of the Monroe County Year 2010
Comprehensive Plan for the First Choice Women's Center. The property is at approximately
mile marker 102.5 and is described as Lot 3, Block 20; Twin Lakes Subdivision, Key Largo,
Monroe County, Florida. The Land Use designation is suburban commercial and the real estate
number is 00550620.000000.
RESOLUTION NO. 364-2001
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment #1 to Agreement
between Monroe County and Freilich, Leitner and Carlisle to add funds for the hiring of a
wireless communications technical expert.
Board granted approval of recommendations from the RSQ Review Committee to select
the firm of The Chesapeake Group, Inc. to complete the Preparation of Land Use Projections,
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Policies, and Regulations for Nonresidential Development in the Florida Keys and direct staff to
enter into Contract negotiations with this firm.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Reef Custom Homes, Permit No. 99-3-3116, described as Lot 15
Block 3 Harbor Course South Section 4 Ocean Reef Plat #13 Plat Book 7 Page 8. The real estate
number is 00573670-001500.
Board adopted the following Resolution applauding the Ocean Conservancy and Clean
Florida Keys for their efforts in organizing and carrying out a Keys wide beach cleanup on 15
September 2001.
RESOLUTION NO. 365-2001
Said Resolution is incorporated herein by reference.
Board granted approval of a request to submit a grant application to the National Fish and
Wildlife Foundation for $130,000 to provide for additional pump-out facilities in the Florida
Keys.
Board granted approval to waive purchasing policies and procedures to allow the
expenditure of remaining grant funds to American Underwater Contractors for additional
mooring equipment for Boot Key Harbor.
Board granted approval and authorized execution of a Letter of Engagement between
Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of one
year the Letter of Engagement authorizing the firm to provide Land Use-Growth Management
representation to Monroe County for fiscal year 2001-2002.
Board granted approval and authorized execution of a Letter of Engagement between
Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of one
year the Letter of Engagement authorizing the firm to act as General Civil Litigation Counsel to
the Board of County Commissioners of Monroe County for fiscal year 2001-2002.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Arnold's Towing for the emergency removal of DV3A3513 located off of
Key West, Monroe County.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Arnold's Towing for the emergency removal of DV3A3433 and DV3A3517
located off of Key West and No Name Key, Monroe County.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and A.S.A.P., Inc., for the removal ofDV3A3390 located off of Plantation Key,
Monroe County.
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Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the emergency removal ofDV3A3562
located off of Christmas Tree Island, Monroe County.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal ofDV3A3445 located off
of Key West, Monroe County.
TOURIST DEVELOPMENT COUNCIL
Board appointed Charles Beneway to the "at large" appointment to the Tourist
Development Council District II Advisory Committee, replacing Karen Haack due to the end of
her term.
Board granted approval of the Marketing Plan 2001-2002 for the Monroe County Tourist
Development Council.
Board granted approval and authorized execution of a Interlocal Agreement for Grant of
Funds between Monroe County and the City of Key West for beach cleaning services by
Robbies Marine for Smathers and Rest Beach in an amount not to exceed $138,140 per year,
DAC I, FY 2002, Third Penny Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Key West Botanical Garden Society to extend Agreement for
one additional year until September 30, 2002.
COMMISSIONERS'ITEMS
Board adopted the following Resolution in appreciation to Lynn Mapes, who has served
several years as Chairman and member of the Planning Commission.
RESOLUTION NO. 366-2001
Said Resolution is incorporated herein by reference
Board granted approval of Commissioner Williams appointment of Alicia
Roemmele-Putney to the Monroe County Planning Commission, replacing Lynn Mapes.
Board granted approval for the Mayor to execute a County Deed, Release from
Conditions of Grant Contract, Florida Communities Trust Area of Critical State Concern
Program Addendum V to Grant Contract, and closing documents necessary to convey CARL
lands to the State of Florida. .
Motion carried unanimously.
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TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Williams and seconded by Mayor Neugent
appointing Kathryn Houtz as the "at large" appointment to the Tourist Development Council
District I Advisory Committee, replacing Sharon Wells due to absenteeism. Motion carried
unanimously.
The Board discussed approval of two (2) "at large" appointments to the Tourist
Development Council District V Advisory Committee, due to the end of term for Richard Drake
and the resignation of George Parks who has since passed away. The Board proceeded to cast
their vote with the following results:
Name McCoy Nelson Spehar Williams Neugent Total
Drake X 1
Fink X X X 3
Gibbons
Halas X X 2
Nealey X 1
Whitla X X X 3
Because ofthe tie vote, the Board proceeded to vote with the following results:
Name McCoy Nelson Spehar Williams Neugent Total
Drake X 1
Fink X X X 3
Halas X 1
Whitla
Motion was made by Commissioner Williams and seconded by Mayor Neugent
appointing Barbara J. Whitla and Eugene "Graig" Fink to the "at Large" appointment of the
Tourist Development Council District V Advisory Committee. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Timothy McGarry, Director of Growth Management reported to the Board on the issue of
the Lower Keys concurrency; land regulations concerning RVs; and Toppino's re-zoninglAICUZ.
Commissioner Williams discussed the Board's request for a "no discharge designation".
Commissioner Williams discussed a letter from the Department of Environmental
Protection to Roger Braun, of the Florida Keys Aqueduct Authority regarding funding for
wastewater.
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County Attorney James T. Hendrick referred the Board to the written Growth
Management Litigation Report dated September 19-20,2001 from Attorney Karen K. Cabanas of
the firm Morgan & Hendrick.
AIRPORTS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval per Staff recommendation to make it policy that subleasing be omitted from all
future Leases, Agreements and Contracts at the Marathon Airport except with Board approval.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Williams discussed the proposed Comprehensive Plan Rule Change
affecting Monroe County.
Commissioner Williams discussed how we are doing on our 2001 Goals.
COUNTY ADMINISTRATOR
County Administrator James Roberts updated the Board on the Supervisor of Elections
redistricting.
COUNTY ATTORNEY
Mr. Hendrick reported to the Board on the following litigation: FKANOgden appeal
dismissal; Post Buckley, Schuh & Jernigan trial scheduled for October 15,2001; Marathon
Community Park condemnation trial scheduled for January 22,2002; and discussed the Cultural
Umbrella/Council on Arts and ethics policy. After discussion, motion was made by
Commissioner Williams and seconded by Mayor Neugent to abstain from making appointments
to the Cultural Umbrella until an ethics policy is established by the Monroe Arts Council.
Motion carried unanimously.
Motion was made by Commissioner Williams and seconded by Mayor Neugent
authorizing the Mayor to sign the Florida Keys Affordable Housing Task Force Memorandum of
Understanding. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning an Ordinance amending Chapter 15.5, Monroe
County Code; providing for creation of decentralized wastewater management; providing for
applicability, providing for replacement of on-site sewage treatment and disposal systems
(OSTDS) in coldspots; providing for fees; providing for enforcement; providing for severability;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date. The hearing was postponed to the next Key Largo and Marathon regular
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scheduled meetings. Mr. Hendrick addressed the Board. The item was then withdrawn from the
agenda and was requested to be advertised to be heard at the Board's next meetings in Key Largo
and Marathon.
COUNTY ATTORNEY
Mr. Hendrick addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Spehar granting approval and authorizing execution of an Interlocal
Agreement, as amended, between Monroe County and Islamorada, Village of Islands wherein the
County agrees to pay $440,000 to the Village for the purchase of emergency medical service
vehicles and equipment. Said amendment is as follows:
In no event may the total amount paid by the County pursuant to this agreement exceed
$440,000; and once paid. the Village shall not be entitled to receive from County Infrastructure
Sales Tax funds nor from Trauma District Funds. any other payments for capital expenses.
Motion carried unanimously.
Mayor Neugent discussed the feral cat committee and their request for some surplus
property and indicated he would bring this item back before the Commission.
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
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Isabel C. DeSantis, eputy Clerk