09/17/2003 Regular
2003/224
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 17,2003
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 Neugent
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Mayor's Proclamation proclaiming that September 9,2003 will be Fetal Awareness
Syndrome Awareness Day.
Mayor's Proclamation proclaiming that the fourth Monday in September, which is
September 22nd, for 2003, will be Family Day.
Mayor's Proclamation proclaiming October 5th through October 11 th, 2003 as Fire
Prevention Week.
BULK APPRO V ALS
Motion was made by Mayor Spehar and seconded by Commissioner Nelson granting
approval of the following items:
Board granted approval to remove surplus equipment from inventory via advertising for
bid, removal and disposal. Said list is incorporated herein by reference.
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Board granted approval and authorized execution of an Amendment to the Rental Car
Concession Agreement between Monroe County and DTG Operations, Inc., f/k/a Dollar Rent A
Car Systems, Inc., for facilities at the Key West International Airport, and approval to rescind
Rental Car Concession Agreement with Dollar Rent A Car.
Board granted approval to award bid in the amount of$500.00, to Environmental Tactics,
Inc., for a 1981 GMC 350 Truck (2403-001).
Board granted approval and authorized execution of Purchase/Service Order 03/04-01
between Monroe County and URS for General Consultants Services for the Key West
International Airport, and the Marathon Airport.
Board granted approval to negotiate renewals of the several Solid Waste and Recycling
Collection Franchise Agreements. If not successful by February 1, 2004, authorization to bid
whatever franchised area(s) may be necessary.
Board granted approval of the replacement of Exhibit II of all four (4) existing Franchise
Contracts to reflect Fiscal Year 2004 Residential and Commercial collection rates contingent
upon final adoption after Public Hearing on 9/17/2003.
Board granted approval and authorized execution of the Second Amendment to
Recyclables Operation Agreement between Monroe County and Waste Management, Inc., with
changes, in accordance with Section 6.01 of the Agreement for a period of five (5) years.
Board granted approval and authorized execution of a State and Federally Funded
Sub grant Agreement No. 04BG-04-11-54-011-044 between Monroe County and the Department
of Community Affairs concerning and Emergency Management Base Grant in the amount of
$105,806.00.
Board granted approval and authorized execution of a Contract for Use of College
Facilities between Monroe County and Florida Keys Community College for the use of the Key
West Campus classroom facilities by the Emergency Management Department.
Board granted approval and authorized execution of an Amendment to Easement and
Operation Agreement: Right of First Refusal between Monroe County and Michael H. Weisser at
the Big Pine Key Plaza Shopping Center.
Board granted approval to award Public Works surplus equipment, items number 2,3,4,
and 5 (County ID numbers 3000-090,0902-467, 1505-064, and 1415-067) 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 DRC, Inc. clarifYing the County's labor and equipment options and
authority to issue task orders in response to a disaster or emergency declaration.
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Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and the City of Marathon for the Use of the Meeting Room at the Marathon
Government Center, and the televising of Marathon Council Meetings on a month to month basis
until fees are determined for the new fiscal year.
Board granted approval to award bid and accept Alternate "A" and Alternate "B" of the
bid proposal and issue a purchase order for $91,900 to Weathertrol Maintenance Corporation for
"Refrigeration Replacement" at the Monroe County Detention Center.
Board granted approval and authorized execution of a Management Contract Renewal
between Monroe County and the Key West Art and Historical Society to continue use of the
Lighthouse Property in Key West.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and L & N Dependable Janitorial, Inc. to increase services due to the expansion
of the Big Pine Key Library.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Robbies Safe Harbor Marine Enterprises, Inc. to revise Article 3.07(B)
clarifYing renewal options.
Board granted approval, per County Attorney opinion, to award bid and waive bid
technicality of a missing bid security from Sub Zero, Inc.; and authorized execution of Contract
for the Air Conditioning Maintenance and Repair for the Lower Keys Facilities.
Board granted approval of the Receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to waive the bid process and enter into an agreement with
Marathon Electric Sign & Light, Inc., a vendor who has performed work for the County
previously, to provide and install 9 replacement street lights and aluminum poles for a total
amount of $30,600.00, due to an emergency safety situation.
Board granted approval to accept the recommendation of the Risk Consultant for the
County and purchase excess workers' compensation insurance from Midwest Employers with an
annual premium of$197,271 through Arthur 1. Gallagher. Self-insured retention will go to
$1,000,000.
Board granted approval to accept proposal from VFIS of Florida to provide Portable
Equipment and Emergency Vehicle Physical Damage Insurance at a premium of$49,211 to be
paid in four quarterly payments.
Board granted approval to accept renewal proposal from Florida Municipal Insurance
Trust Agreement #386 at a net annual premium of$237,241 to be paid in quarterly installments of
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$59,310 to Florida League of Cities, first installment due on October 1, 2003. This is the third
and final renewal.
Board granted approval for AD&D coverage with Hartford Insurance in the amount of
$2,822 yearly for the time period 10/1/03 - 10/1/05.
Board granted approval and authorized execution of a Service Agreement between
Monroe County and Preferred Governmental Claim Solutions (PGCS) for Third Party
Administrative Services for the Monroe County Worker's Compensation Program.
Board granted approval to close Fund 305, Sales Tax Bond - Capital Improvement, and
approval to transfer residual funds to Fund 205, 1991 Sales Tax Revenue Bonds.
Board adopted the following Resolutions concerning the Transfer of Funds, Unanticipated
Funds, and Amending:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 356-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 357-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 358-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 359-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 360-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 361-2003
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 362-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 363-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 364-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 365-2003
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 366-2003
Said Resolution is incorporated by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 367-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 368-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 369-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 370-2003
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 371-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 372-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 373-2003
Said Resolution is incorporated by reference.
Amending Resolution No. 205-2003 (OMB Schedule Item No. 19).
RESOLUTION NO. 374-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 375-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 376-2003
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 377-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 378-2003
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 379-2003
Said Resolution is incorporated herein by reference.
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Board granted authorization for the County Administrator or his designee to accept Local
Law Enforcement Block Grant Award via Internet as required by U.S Dept. of Justice, Bureau of
Justice Assistance.
Board granted approval and authorized execution of Amendment NO.1 to Prescription
Service Agreement between Monroe County and Walgreens Health Initiatives (WHP) through the
Keys Physician-Hospital Alliance (KPHA) effective October 1, 2003 through September 30,
2004.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Keys Physician-Hospital Alliance (KPHA) for the employer-provider
network, utilization review and case management effective October 1, 2003 through September
30, 2004.
Board granted approval to renew with the Hartford Life Insurance for our Group Life and
Accidental Death & Dismemberment program October 1, 2003 through September 30,2004.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Acordia National for Third Party Administration Services effective October
1,2003 through September 30,2004.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Florida Keys Land & Sea Trust for the Boardwalk and Exhibit
Center Project.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Dolphin Research Center to approve an extension to original
Agreement for the replacement of existing boardwalks and docks project.
Board granted approval ofthe Monroe County Tourist Development Council 2003-2004
Marketing Plan.
DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Board adopted the following Resolution to concur with the decision of Florida
Department of Transportation to surplus excess property adjacent to U.S. 1 at mile marker 30.5,
Bayside.
RESOLUTION NO. 380-2003
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution approving the request of John Moyant to
exchange privately owned land of conservation value for lands dedicated to the County for
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conservation purposes under the County's Rate of Growth Ordinance as per Resolution No.
179-2003.
RESOLUTION NO. 381-2003
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution applauding the Ocean Conservancy & Clean
Florida Keys for their efforts in organizing and carrying out a Keys wide beach cleanup to take
place on 20 September, 2003.
RESOLUTION NO. 382-2003
Said Resolution is incorporated herein by reference.
Board granted approval to advertise an Ordinance for three Public Hearings creating
Article VII in Chapter 5.5 of the County Code of Ordinances, "Boats, Docks and Waterways,"
prohibiting diving and snorkeling within manmade waterbodies, and within 300 feet of marinas,
improved residential, and commercial shorelines during the entirety of the two-day sport season
for spiny lobster; providing for repeal of conflicting provisions; providing for severability;
providing for inclusion in the code; and providing for an effective date.
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. 383-2003
Said Resolution is incorporated herein by reference.
Board granted approval to purchase 10 lap top computers to be used in fieldwork by the
Code Enforcement Inspectors to enable remote access to the Pentamation Software System from
Insight, Inc. State Contract Number 250-000-03-1.
Board granted approval and authorized execution of an Amendment to Agreement No.
01244 between Monroe County and Florida Fish and Wildlife Conservation Commission
providing for a Contract time extension, which provides funding to engineer improvements to six
local and state boats ramps in Monroe County.
Board granted approval for the transfer of two buildable lots from MVP Keys, Inc. to
Monroe County by Warranty Deed, Permit No. 02-3-5120, for properties described as Lot 32,
Block 5, Ramrod Shores Marina Section, Ramrod Key, and Lot 8, Block 7, Tropical Key Colony
Subdivision, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the
year ending July 13,2003, has filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of two buildable lots from Marcella Zacherl to
Monroe County by Warranty Deed, Permit No. 01-1-4614, for properties described as Lot 13,
Block 34, Sands Subd., Big Pine Key, and Lot 18, Block 7, Indian Mounds Estates, Sugarloaf
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Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13,
2003, has filed the document in accordance with Ordinance No. 47-1999.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures from the Law Enforcement Trust
Fund in the total amount of $26, 120:
$2,070 Island Christian School to fund the needs for several athletic programs i.e.
volleyballs, soccer balls, corner flags, basketballs, softballs and baseballs.
$15,000 Monroe County School to fund the Monroe All-County Band Festival and the
District Odyssey of the Mind.
$250 Missing Children Inf Clearinghouse Adv. Bd. - To help fund the Annual Florida
Missing Children's ceremonies held in Tallahassee. Ceremony honors police officers and civilians
that have assisted in missing child cases helped prevent child abductions and sexual exploitation.
$800 K.W.H.S. Lady Conchs Fastpitch - to fund 8 members who will be attending a
Pitching and Catching camp.
$5,000 "Sol Fest" Program - To fund the Summer Music Camp.
$2,000 Coral Shores High School - To fund the Cross Country Team travel to three
invitational meets.
$1,000 The City of Key West - to help fund the City's 6th Annual Children's Holiday
Festival.
Board granted approval of disposition of inventory items for the month of September
2003. Said list is incorporated herein by reference.
MONROE COUNTY JUDICIAL SERVICES
Board granted approval and authorized execution of a Grant-in-aid Agreement for the
Civil Traffic Infraction Hearing Officer Program between Monroe County and the Office of the
State Courts Administrator for a 50/50 matching grant-in-aid for continuation of a Civil Traffic
Infraction Hearing Officer program pursuant to Specific Appropriation 2989 of the 2003-2004
General Appropriations Act.
COMMISSIONERS' ITEMS
Board granted approval for the running of the 23rd Annual 7-Mile Bridge Run for
Saturday, April 24, 2004 from 7:00 AM to 9:00 AM, contingent upon satisfYing all County,
Sheriff, and FDOT requirements.
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Board granted approval to remove the restrictions for the funds set aside for the Boot Key
Harbor Bridge repairs for the City of Marathon.
Board adopted the following Resolution approving the wavier of the minor conditional
use fees for the park and construction of a pavilion to be used as a bus stop for the children of
Habitat Landings.
RESOLUTION NO. 384-2003
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board approved the following Warrants (205667-205808 & 88543-89719 & 2367-2436):
General Fund (001), in the amount of$654,255.02; Sup to General Revenue (002), in
the amount of $6,444.79; Fine & Forfeiture Fund (101), in the amount of$2,617,711.11; Road
and Bridge Fund (102), in the amount of$11O,692.55; Law Library Fund (103), in the amount
of$3,118.50; TDC District Two Penny (115), in the amount of$115,967.61; TDC Admin. &
Promo 2 Cent (116), in the amount of$138,081.30; TDC District 1,3 Cent (117), in the
amount of$40,562.86; TDC District 2, 3 Cent (118), in the amount of $4,820.27; TDC District
3, 3 Cent (119), in the amount of $20,523 .19 TDC District 4, 3 Cent (120), in the amount of
$3,378.89; TDC District 5, 3 Cent (121), in the amount of$4,158.33; Gov. Fund Type Grants
(125), in the amount of$875,471.43; Impact Fees Roadways (130), in the amount of
$57,613.50; Impact Fees Libraries (132), in the amount of$12,51O.22; Impact Fees Police Fac
(134), in the amount of$109,944.90; Fire & Amb Dist 1 L&M Keys (141), in the amount of
$22,665.73; Upper Keys Health Care (144), in the amount of$I,305.45; Fire & Amb Dist 6
Key Largo (146), in the amount of$8,745.61; Uninc Svc Dist Parks&Rec (147), in the amount
of$20,487.41; Plan, Build, Zoning (148), in the amount of$65,761.86; Municipal Policing
(149), in the amount of $390,746.29; 911 Enhancement Fee (150), in the amount of$13,473.94;
Boating Improvement Fund (157), in the amount of$18,782.00; Misc. Special Revenue Fund
(158), in the amount of$5,760.59; Law Enforcement Trust (162), in the amount of$19,390.00;
2003 Revenue Bonds (207), in the amount of$2,504.65; 1 Cent Infra Surtax (304), in the
amount of $272,620.34; 2003 Revenue Bonds (307), in the amount of$84,617.65; Card Sound
Bridge (401), in the amount of$I,055.74; Marathon Airport (403), in the amount of
$158,326.41; Key West IntI. Airport (404), in the amount of$238,415.76; MSD Solid Waste
(414), in the amount of$892,280.93; Worker's Compensation (501), in the amount of$560.75;
Group Insurance Fund (502), in the amount of$124,804.35; Risk Management Fund (503),
in the amount of$30,009.98; Fleet Management Fund (504), in the amount of$53,206.04.
FINES & FORFEITURES
Board approved the following Fines & Forfeiture Expenditures:
Court Reporter Services, Amy Landry Reporting, in the amount of $50.00; Lisa Roeser,
in the amount of$62.50; Suzanne Ex dba All Keys Reporting, in the amount of$50.00.
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Competency Evaluation, A Louis Oconnor PHD, in the amount of $400.00; Care Center for
Mental Health, in the amount of$350.00; James W. Holbrook EDD, in the amount of$I,050.00;
Pamela A. Strother LCSW, in the amount of$350.00, The Counseling Associates, in the amount
of$I,282.50. Court Interpreter, Alex Diaz, in the amount of$512.62; Claudia M. Hancock, in
the amount of$115.00; Estrella Garcia, in the amount of$190.00; Jean C. Nelson, in the amount
of$350.00; Jose R. Menendez, in the amount of$140.00; Knights Investigations, in the amount
of$25.00; Maria Luisa Davis, in the amount of$70.00; Marketa Trnka, in the amount of$25.00;
Martha Hernandez, in the amount of$180.00; Pilar Nelson, in the amount of$190.00; Sergio
Alvarez, in the amount of$105.00; Ute Rohe, in the amount of$25.00. Witness Coordination,
Witness Payroll, in the amount of $165.00; Witness Travel & Per Diem, in the amount of
$9,016.83. Expert Witness, Community Behavioral Service, in the amount of$225.00; Jamie A
Goodman, in the amount of$I,200.00; Linda Sanford, in the amount of$750.00. Court
Appointed Attorney Fees - Conflict, Carl Palmoino Esq., in the amount of$890.00; David G.
Hutchison, in the amount of$2,418.75; Giovana L. Upson, in the amount of$I,995.00; Gregory
Davila, in the amount of$350.00; Halford G. Schuhmacher, in the amount of$2,133.75; Joseph
M. Albury PA, in the amount of $6,000.00; Laurie Hall Esq., in the amount of$2,527.50; Law
Offices of Manuel EG, in the amount of$I,736.25; Law Offices of Samuel 1. Kaufinan, in the
amount of$2,000.00; Richard Wunsch, in the amount of$I,631.25; Roberta S. Fine PA, in the
amount of$I,020.00; Stephen S. Isherwood, in the amount of$350.00; Timothy Nicholas
Thomes, in the amount of$I,809.42; Victoria McFadyen, in the amount of$393.75; William H.
Webster, in the amount of$I,518.75. Other Services Circuit, State of Florida, in the amount
$284.16. Miscellaneous Expenses, Marine Bank of the Florida, in the amount of$76.00; Quality
Copy Acquisition, in the amount of$15.05; State of Florida, in the amount of$3.16.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of August 2003: Advertising, in the amount of$259,782.18; Bricks & Mortar
Projects, in the amount of$8,900.00; Visitor Information Services, in the amount of
$39,583.32; Events, in the amount of$151,449.96; Office Supplies & Oper Costs, in the
amount of$71,438.13; Personal Services, in the amount of$87,824.63; Sales & Marketing, in
the amount of $24,677.45; Telephone & Utilities in the amount of $6, 122.50; Travel, in the
amount of $4,269.47.
Board granted official approval of the Board of County Commissioners minutes from the
Regular Meeting of July 15, 2003 and Special Meetings of July 18, 22, and 25, 2003 (previously
distributed).
Board accepted the Audit Report of Monroe County Salvation Army Misdemeanant
Contract, dated August 15, 2003 (previously distributed).
COUNTY ADMINISTRATOR
Board granted approval of the Governor's appointment of Margaret Gil to the Monroe
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County Housing Authority commencing August 27,2003 and expiring October 6,2006, replacing
Michael Ozegovich.
Board granted approval ofre-appointments of Bill Kelly (seated as Electrical Contractor)
and Gary Johnson (seated as Certified Air Conditioning Contractor) to the Construction Board of
Adjustments and Appeals, commencing October 2,2003 and expiring October 1, 2006.
Board granted approval ofre-appointments of Bill Kelly (seated as Electrical Contractor)
and Gary Johnson (seated as Certified Air Conditioning Contractor) to the Contractors'
Examining Board, commencing October 2,2003 and expiring October 1, 2006.
Board granted approval of re-appointments of Deanna Lloyd, Alice Allen and Steven
Johnson to the Historic Preservation Committee, commencing October 15,2003 and expiring
October 14, 2006.
Board granted approval to reimburse Commissioner Murray Nelson for the expense of a
floral arrangement sent to the family of the late former County Commissioner John Stormont.
Board granted approval of the purchase of food and related items for a social lunch during
meetings with Ms. Colleen Castille, Secretary of the Department of Community Affairs, to discuss
major issues facing Monroe County.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Settlement Agreement, Case No.
L5 00-148 Monroe County vs. Gregg Dillingham for a code enforcement lien in the amount of
$2,000.
Board granted approval and authorized execution of a Settlement Agreement, Case No.
L2 97-671 Monroe County vs. Thomas & Kathleen Kelly successor in interest to Florida Keys
Associates, Inc. for a code enforcement lien in the amount of$700.
Board granted approval and authorized execution of a Settlement Agreement, Case No.
U8 01-579 Monroe County vs. Oscar & Marta Hernandez for a code enforcement lien in the
amount of$250.
Board granted approval to institute foreclosure and collection proceedings and for
authority to settle the following 3 code enforcement lien cases, and to engage in outside council,
if necessary: Hough, Case No. UI-02-840, in the amount of$4,600; Liz, Case No. L2-02-907, in
the amount of$45,100; and Waters, Case No. M8-98-201, in the amount of $9, 100.
Board granted approval and authorized execution of a Settlement Agreement, Case No.
L8 00-403 Monroe County vs. Dorothy Matthies fka Dorothy Tinsley for a code enforcement lien
in the amount of $1,000.
2003/236
Motion carried unanimously, with Commissioner Rice abstaining.
MISCELLANEOUS BULK APPROVALS
Public Safety Director, Reggie Paros addressed the Board. Motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval to pay American
Medical Response (AMR) for ambulance transportation to evacuate Persons with Special Medical
Needs (PSMN) during Monroe County's response to and recovery from Hurricane Michelle in
November 2001, in the amount of $20,000 and adopt the following Resolution concerning the
Transfer of Funds. Motion carried unanimously.
RESOLUTION NO. 385-2003
Said Resolution is incorporated herein by reference.
AIRPORTS
Peter Horton, Key West Airport Manager gave an update concerning status of the runway
paving project and indicated that the resurfacing, remarking and regrooving had been completed
as of 5 AM that morning.
Betty Vail, Mr. Horton, Mr. Paros, and Bob Peryam, representing the Rotary Club
addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent granting approval for Marathon Rotary Club to temporarily use an area,
to be determined, at the Florida Keys Marathon Airport to hold the Marathon Rotary Club Winter
Festival, February 6-16,2004, contingent upon meeting all FAA and County requirements, and
Board concurrence to designate the Rotary as the Monroe County Fair. Motion carried
unanimously.
DIVISION OF GROWTH MANAGEMENT
Tim McGarry, Growth Management Director gave a report concerning status of the
implementation work group for the Florida Keys Carrying Capacity document under the auspices
of the DCA Mr. McGarry also discussed progress of the assessment for the work program.
Commissioner Nelson discussed ROGO reserves for preparation of amendments to the
Comprehensive Plan. This matter was referred to Staff.
Commissioner Nelson also discussed the summit and bus tour held in the County with
State Representatives.
The Board accepted the Growth Management Litigation Report dated September 12,
2003, from Attorney Karen Cabanas of the firm Morgan & Hendrick.
Mayor Spehar requested an update concerning the litigation - Frederick Geibelt, (Shark
Key) Case No. CAK-02-1351.
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COUNTY ADMINISTRATOR
County Administrator James Roberts gave a report concerning the Monroe County School
Board approving the televising of their Board meetings by utilizing Monroe County's Channel 16.
Mr. Roberts discussed the selection of a recommended member on the Sanctuary Advisory
Committee to fill the local elected official and alternate local elected official slots. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent
nominating Commissioner Neugent as the local elected official with Commissioner Rice as
alternate, to be forwarded to the National Marine Sanctuary Advisory Council. Motion carried
unanimously.
COUNTY ATTORNEY
County Attorney, Richard Collins gave a report concerning Code Enforcement fines
collected (ytd), pending and current litigation. Mr. Collins also discussed new procedures for
reporting procedures and in-house activity.
Commissioner Nelson requested an update on the Monroe County v. Jerry Cross
litigation. Assistant County Attorney Bob Shillinger and Mr. Collins addressed the Board.
Mr. McGarry addressed the Board concerning today's request from the Mayor's for an
update on the Frederick Geibelt litigation, (Shark Key) Case No. CAK-02-1351. Mr. McGarry
indicated that it had been settled.
Mr. Shillinger addressed the Board. Motion was made by Commissioner Rice and
seconded by Commissioner Nelson to continue Agenda item V6 - Presentation of code
enforcement lien settlement offer from Donald Brown aka Hitch King to the October meeting of
the Board in Key West. Motion carried unanimously.
KrystofDuska addressed the Board concerning a code enforcement lien settlement offer.
Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner McCoy to waive the fine. During discussion,
Commissioner Nelson offered an amendment to the motion, with the maker accepting, to settle
the matter in the amount of $200. Roll call vote on the motion as amended was unanimous.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George
Neugent, Commissioner David P. Rice, Mayor Dixie Spehar and Chairperson Kevin Madok.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval and authorizing execution of a Renewal Agreement effective October 1, 2003
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through September 30,2004, between the Board of Governors of Fire and Ambulance District 1
of Monroe County and Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances)
including inspections, preventative maintenance, and unscheduled maintenances and repairs
resulting from failure or malfunction. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
* * * * * *
The Board of County Commissioners reconvened with all Commissioners present.
W ASTEW A TER ISSUES
The following individuals addressed the Board concerning the update briefing on
wastewater management projects and issues: Debra Richardson, Carolee McReynolds, Brenda
Conroy, Sharon Fleck, Jon Wean, and Kim Wigington. The Clerk read into the record a letter
from Ray Vanyo. Mr. Vanyo represents the Stock Island Community Association. A signed
petition was given to the Clerk which was entered the record.
Mr. Roberts discussed the selection of the independent engineer (URS Greiner) who will
perform an evaluation of the new Stock Island wastewater collection system.
Commissioner McCoy gave an update concerning meetings with the FKAA concerning
the sewering of Big Coppitt, Rockland and Geiger Keys. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Nelson to authorize the County Attorney
to prepare a Standard - Form Interlocal Agreement with the FKAA in the amount of $40,000 on a
reimbursable basis, to be used for the preparation of a "Request for Proposals" and ancillary cost
for the sewering of Big Coppitt, Rockland and Geiger Keys utilizing a design/build process, and,
upon forwarding the Interlocal Agreement to the Mayor as approved for legal sufficiency by the
County Attorney, the Mayor shall execute the Agreement. Jim Reynolds, Executive Director of
the Florida Keys Aqueduct Authority addressed the Board. Roll call vote was unanimous.
Kim Wigington and Debra Richardson addressed the Board. Mr. Collins also addressed
the Board. After discussion, motion was made by Mayor Spehar and seconded by Commissioner
McCoy to adopt the following Resolution suspending for ninety days certain provisions of the
Monroe County Code regarding County code enforcement citations for violations of the
requirement to connect to an available publicly owned or investor-owned sewerage system within
30 days after written notice that the system is available for connection. Roll call vote was taken
with the following results:
Commissioner Nelson Yes
Commissioner Neugent No
Commissioner Rice No
Commissioner McCoy Yes
Mayor Spehar Yes
09/17/03 2003/239
Motion carried.
RESOLUTION NO. 386-2003
Said Resolution is incorporated herein by reference.
Mayor Spehar discussed her item concerning approval of a Resolution of the Board of
County Commissioners of Monroe County, Florida ("The County"); Recognizing the request of
Islamorada, Village of Islands (The "Village") for the County to allocate and distribute to the
Village a percentage of the constitutional fuel tax, authorizing the allocation of such funds to the
Village for the Fiscal Year 2003-04; Requiring that such funds be used by the Village to finance
roadway improvements; Directing the County Administrator to prepare an Interlocal Agreement
between the County and the Village to implement the allocation; and providing an effective date.
Mr. Collins, Mr. Roberts, and Clerk of Court Danny L. Kolhage addressed the Board. The
following individuals also addressed the Board: Vice-Mayor Mark Gregg and Mayor Chris Sante,
representing Islamorada, Village ofIslands; Ron Levy, and City Manager Scott Janke,
representing the City of Marathon. After Board discussion, Mayor Spehar withdrew the item.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent directing the
County Attorney to obtain an Attorney General Opinion (AGO), with input from the City of
Marathon and the Village of Islamorada. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a Resolution approving with
conditions the request for Administrative Relief in the form of a ROGO Allocation made by Judy
Martinez on the lot described as Block 6, Lots 4 & 5, Key Haven, Raccoon Key, Real Estate
Number 00141090.000000. Growth Management Director Tim McGarry addressed the Board.
There was no public input. Motion was made by Commissioner McCoy and seconded by
Commissioner Neugent to adopt the following Resolution, as amended. Said amendment as
follows:
Page 2
1. The ROGO allocation award is contingent upon the applicant purchasing or receiving a
nutrient reduction credit; and.
2. The allocation shall be taken out of the next quarterly allocation (Quarter 4, Year 12)
which closes October 13, 2003~.Jlftd;-
3-:- A permit from the Departmcflt ofIkalth for aft Oft site waste,y...atcr trcatmeflt system is
required prior to the isguaftee of the buildiftg permit.
Motion carried unanimously.
RESOLUTION NO. 387-2003
Said Resolution is incorporated herein by reference.
09/17/03 2003/240
A Public Hearing was held concerning adoption of an Ordinance amending Sec. 6-56( 19)
Monroe County Code, by adding a subclassification 19 A establishing a landscaping curb
contractor category; 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 Neugent to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 035-2003
Said Ordinance is incorporated herein by reference.
MISCELLANEOUS
The Board made special recognition to Sheila Chamberlain, Aide to State Senator
Larcenia Bullard. The Board then appointed Commissioner Nelson as liaison to the State
Representative Bullard.
COMMISSIONERS' ITEMS
Commissioner McCoy discussed his item concerning a request to allow a one-year
extension for City acquisition of three (3) acres of the Public Service Building property on Stock
Island. The following individuals addressed the Board: Ed Swift, Kim Harris, Betty Behring,
Nancy Jameson, and Peter Batty. Mr. Roberts and Mr. Collins also addressed the Board. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson
granting approval to allow a one (1) year extension for City acquisition of3 1/2 acres of the
Public Service Building property on Stock Island for the purpose of adding 2 acres for Monroe
County extension of the assisted living facility and the remaining portion to be available for the
Botanical Gardens. Roll call vote was taken with the following results:
Commissioner Nelson Yes
Commissioner Neugent No
Commissioner Rice Yes
Commissioner McCoy Yes
Mayor Spehar Yes
Motion carried.
Commissioner McCoy discussed his item for approval of a Resolution requesting that the
State of Florida establish a dedicated revenue source for Monroe County to provide for the
purchase of environmentally sensitive land and land for affordable housing. After discussion,
motion was made by Commissioner McCoy and seconded by Commissioner Rice to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 355A-2003
Said Resolution is incorporated herein by reference.
09/17/03 2003/241
Commissioner McCoy discussed his item for recognition by the County Commission for a
growth management litigation attorney to handle the Krome Avenue litigation pro bono. Motion
was made by Commissioner McCoy and seconded by Commissioner Rice granting acceptance of
the letter dated September 17, 2003, from Attorney Jim Hendrick, to provide services pro bono,
i.e. without charge to Monroe County concerning the Sierra Club and John S. Wade v. Florida
Department of Community Affairs and Miami-Dade County, DOAH Case No. 03-0150GM.
Motion carried unanimously.
Commissioner Nelson discussed conceptual approval of providing a 30 month abatement
of monthly charges for tower use for a non-profit radio station - WMKL and WGES.
Rob Robbins, representing WMKL - 91.7 FM addressed the Board. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner Rice granting conceptual approval
of the item. Mr. Collins addressed the Board. Motion carried unanimously.
BUDGET PUBLIC HEARINGS
Budget Director, Jennifer Hill announced the tentative millage rates for the Fiscal Year
2004 Monroe County Budget. Said 2004 millage sheet is attached hereto and made a part hereof
County Administrator James Roberts made a presentation before the Board concerning the
tentative Fiscal Year 2004 Monroe County Budget.
The Board accepted public input concerning the tentative Fiscal Year 2004 Monroe
County Budget with the following individuals addressing the Board: Yvonne Kostic, Mary
Tucker, and Sheila Chamberlain, Aide to State Senator Larcenia Bullard. The Clerk announced
receipt of a letter from Olivia H. Rowe.
There were no amendments made to the tentative Fiscal Year 2004 Monroe County
Budget.
A Public Hearing was held to adopt the final Fiscal Year 2004 Commercial Solid Waste
Collection, Disposal, and Recycling Rates. There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution
establishing the final per month Solid Waste Collection, Disposal and Recycling Rates for
commercial property in the various solid waste collection franchise areas. Roll call vote was
unarumous.
RESOLUTION NO. 388-2003
Said Resolution is incorporated herein by reference.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
09/17/03 2003/242
answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George
Neugent, Commissioner David P. Rice, Mayor Dixie Spehar and Chairman Kevin Madok.
A Public Hearing was held concerning the Board of Governors Tentative Fiscal Year 2004
Budget. There was no public input.
There were no amendments made to the tentative Fiscal Year 2004 Board of Governors
Budget.
Ms. Hill announced the amended roll-back millage rates, percent increase over roll-back
rate and final millage rate for the Fiscal Year 2004 Board of Governors Budget.
Motion was made by Commissioner McCoy and seconded by Commissioner Rice to adopt
the following Resolution approving the final Millage Rates for Fiscal Year 2004. Roll call vote
was unarumous.
RESOLUTION NO. 389-2003
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to
adopt the following Resolution approving the final budget for Fiscal Year 2004. Roll call vote
was unarumous.
RESOLUTION NO. 390-2003
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of Governors was adjourned.
* * * * * *
The Board of County Commissioners reconvened with all Commissioners present.
Ms. Hill announced the proposed aggregate roll-back and aggregate millage rates.
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
adopt the final millage rates for Fiscal Year 2004. Roll call vote was unanimous.
RESOLUTION NO. 391-2003
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
adopt the final budget and capital plan for Fiscal Year 2004. Roll call vote was unanimous.
RESOLUTION NO. 392-2003
Said Resolution is incorporated herein by reference.
09/17/03 2003/243
ANNOUNCEMENT
Mr. Roberts announced the departure of Jennifer Hill, the county's Budget Director, as
she is leaving the area.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
JhM c. fJ!)evrt-LJ
Isabel C. DeSantis, Deputy Clerk
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