10/18/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
20011318
Regular Meeting
Board of County Commissioners
Thursday, October 18,2001
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date in the Harvey Government Center at Historic Truman School.
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 Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; James Hendrick, 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 Williams and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner McCoy
granting approval of the following items:
Board granted approval and authorized execution of the Certified Local Government
Agreement between Monroe County and the State of Florida, Department of State, Division of
Historical Resources for the participation in the federal historic preservation program.
Board granted approval of the Florida Keys Overseas Heritage Trail Safety Project
application to the Florida Department of Transportation County Incentive Grant Program, and to
provide 50% matching funds from Monroe County Transportation Impact Fees.
Board granted approval and authorized execution of the Monroe County Economic
Analysis and Planning Services Agreement for Professional Services between Monroe County
and the Chesapeake Group, Inc. to analyze non-residential market demand and land use, and
linkages to affordable housing demand and provide an additional technical assistance in the
preparation of Community Master Plans under the Livable CommuniKeys Program.
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Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Pignatelli Asian (for Leonard Limited) for property described as
Lot 69 Section B SugarloafBoulevard, SugarloafKey. The real estate number is
00163880-000000.
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. 426-2001
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Amendment 1 to Contract for time
extension between Monroe County and Camp, Dresser, McKee, Inc. for completion of the
Stormwater Management Master Plan.
Board granted approval of recommendations of Study Review Committee to select the
firm DMG-Maximus to conduct a management evaluation study of the Growth Management
Division's development permitting system and direct staff to enter into contract negotiations with
this firm.
Board granted approval for the transfer of two buildable lots from Timothy Phillips to
Monroe County by Warranty Deed, Permit Number 01-1-1536, for properties described as Pt S
112 ofSW 114 AK.A Lots AE, AC of No Name Key, RE: 00108070.000700, and Lot 10, Block
1, Pine Hammock, Big Pine Key. The applicant is receiving a dwelling unit allocation award for
the year ending July 13, 2002, has filed the document in accordance with Ordinance No.
47-1999.
Board granted approval and authorized execution ofFWC Grant No. 01010 between
Monroe County and the Florida Fish and Wildlife Conservation Commission for derelict vessel
removal 2001-2002.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and AS.A.P., Inc. for the Toms Harbor Channel Marking Project.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the repair of regulatory aids
located at Sombrero Beach, Marathon, and Jolly Roger, Little Torch Key.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the emergency removal ofDV3A3564
located off of Islamorada, Monroe County.
Board granted approval for the transfer of one buildable lot from Michael & Frankie
Powell to Monroe County by Warranty Deed, Permit Number 01-3-0516, for property described
as Lot 23, Block 2, Ramrod Shores Marina Subdivision, Ramrod Key. The applicants are
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receiving a dwelling unit allocation award for the year ending July 13, 2002, has filed the
document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of two buildable lots from Ernest T. & Anita W.
Simpson to Monroe County by Warranty Deed, Permit Number 01-3-1939, for property
described as Lots 4 & 5, Block 11, Ramrod Shores First Addition, Ramrod Key. The applicants
are receiving a dwelling unit allocation award for the year ending July 13, 2002, has filed the
document in accordance with Ordinance No. 47-1999.
TOURIST DEVELOPMENT COUNCIL
Board granted approval ofre-appointment of Robert Padron to serve on the Tourist
Development Council with term to expire October 1, 2005.
Board granted approval to rescind Agreement with the Dolphin Research Center for
funding of installation of a compo sting toilet with privacy structure.
Board granted approval and authorized execution of the following Fiscal Year 2002
Cultural Umbrella Event Agreements with Monroe County:
Mel Fisher Maritime Heritage Society, Inc. covering the Montana Smith - The Voyage
Through Time on October 1,2001 through July 20,2002 in an amount not to exceed $24,102,
FY 2002, Two Penny Cultural Umbrella Funding.
Key West Players, Inc. covering Waterfront Playhouse Theatrical Productions from
October 1,2001 through September 30, 2002 in an amount not to exceed $20,000, FY 2002, Two
Penny Cultural Umbrella Funding.
Red Barn Actors Studio, Inc. covering the Red Barn Theatre/Live Theatre from October
1,2001 through September 30,2002 in an amount not to exceed $23,500, FY 2002, Two Penny
Cultural Umbrella Funding.
Marathon Community Theatre, Inc. effective October 1,2001 covering Marathon
Community Theatre Season 2001/2002 from October 2001 through September 2002 and
pre-promotion of the 2002/2003 season to be completed by September 15,2002 in an amount not
to exceed $13,000, FY 2002, Two Penny Cultural Umbrella Funding.
Tennessee Williams Fine Arts Center Founders Society covering the Tennessee Williams
Fine Arts Center Founders Society 2001-2002 Performing Arts Season on October 1,2001
through May 30, 2002 in an amount not to exceed $20,000, FY 2002, Two Penny Cultural
Umbrella Funding.
The Key West Pops, Inc. covering the Key West Pops Orchestra on October 7, 2001,
December 17,2001, January 26,2002, March 3, 2002, June 30, 2002 and July 4,2002 in an
amount not to exceed $20,000, FY 2002, Two Penny Cultural Umbrella Funding.
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Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and
Wildlife Festival on October 12-14, 2001 and October 19-20,2002 in an amount not to exceed
$8,412, FY 2002 and FY 2003, Two Penny Cultural Umbrella Funding.
Key West Symphony Orchestra, Inc. covering Key West Symphony Orchestra 2001-2002
Season from November 2001 through June 2002 for an amount not to exceed $20,000, FY 2002,
Two Penny Cultural Umbrella Funding.
Key West Council on the Arts covering the Impromtu Concerts from November 2001
through July 31, 2002 in an amount not to exceed $2,900, FY 2002, Two Penny Cultural
Umbrella Funding..
Historic Seaport at Key West Bight covering Pirates In Paradise 2001 on November 24,
2001 through December 2,2001 in an amount not to exceed $23,500, FY 2002, Two Penny
Cultural Umbrella Funding.
Lower Keys Chamber of Commerce covering the 15th Annual Island Art Fair on
December 9,2002 in an amount not to exceed $2,500, FY 2002, Two Penny Cultural Umbrella
Funding.
Old Island Restoration Foundation Inc. covering the 42nd Annual Key West House and
Garden Tours on January 11-12; February 15-16 and March 8-9, 2002 in an amount not to
exceed $4,900, FY 2002, Two Penny Cultural Umbrella Funding.
Key West Literary Seminar, Inc. for production of the 12th Annual Key West Literary
Seminar: Spirit of Place on January 10-20,2002 and the 21st Annual Key West Literary Seminar:
Poetry * 2003: The Beautiful Changes on January 9-16,2003, in an amount not to exceed
$20,000, FY 2002, Two Penny Cultural Umbrella Funding.
Key West Art Center Inc. and Key West Players Inc. covering the Key West Craft Show
on January 26-27,2002 in an amount not to exceed $2,900, FY 2002, Two Penny Cultural
Umbrella Funding.
San Pedro Church Women's Guild covering Art Under the Oaks on January 19, 2002 in
an amount not to exceed $5,600, FY 2002, Two Penny Cultural Umbrella Funding.
Florida Keys Renaissance Faire, Inc. covering the Florida Keys Renaissance Faire, xvrn
on January 19-21, 2002 in an amount not to exceed $11,000, FY 2002, Two Penny Cultural
Umbrella Funding.
Key West Art Center, Inc. covering Old Island Days Art Festival on February 23-24,2002
in an amount not to exceed $2,900, FY 2002, Two Penny Cultural Umbrella Funding.
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Pigeon Key Foundation covering Pigeon Key Art Festival on February 9-10,2002 in an
amount not to exceed $10,000, FY 2002, Two Penny Cultural Umbrella Funding.
Lower Keys Chamber of Commerce covering the 18th Annual Underwater Music Festival
on July 13,2002 in an amount not to exceed $7,000, FY 2002, Two Penny Cultural Umbrella
Funding.
Womenfest, Inc. covering Womenfest on September 5-12,2002 in an amount not to
exceed $23,500, FY 2002, Two Penny Cultural Umbrella Funding.
Lower Keys Chamber of Commerce covering Oktoberfest 2002 on October 5, 2002 in an
amount not to exceed $5,600, FY 2002, Two Penny Cultural Umbrella Funding.
Board granted approval to advertise Request for Bids for FY 2003 Destination/TurnKey
Events.
Board granted approval and authorized execution of Turn Key Events Agreement
between Monroe County and the Cuban American Heritage Festival, Inc. on June 14-23,2002 in
an amount not to exceed $39,731, DAC I, FY 2002, Third Penny.
Board granted approval and authorized execution of Turn Key Events Agreement
between Monroe County and Premiere Racing, Inc. covering Yachting Key West Week 2002 on
January 21-25,2002 in an amount not to exceed $60,000: $44,482, FY 2002 DAC I, Third Penny
Event Resources and $15,518, FY 2002, DAC I, Two Penny Special Projects.
Board granted approval and authorized execution of the following Fiscal Year 2002
Fishing Umbrella Event Agreements with Monroe County:
Ladies Let's Go Fishing covering Ladies Let's Go Fishing on October 14, 2001 in an
amount not to exceed $2,500, FY 2002, Two Penny Fishing Umbrella Funding.
Rotary Club of Key Largo covering the Take Stock in Children Back Country Challenge
on October 26-28,2001 in an amount not to exceed $4,000, FY 2002, Two Penny Fishing
Umbrella Funding.
Islamorada Charter Boat Association covering the Islamorada Sailfish Tournament on
November 28-December 2,2001 in an amount not to exceed $5,000, FY 2002, Two Penny
Fishing Umbrella Funding.
Islamorada Charter Boat Association covering the Florida Keys Gold Cup Sailfish
Championship on November 1,2001 through January 31,2002 in an amount not to exceed
$2,500, FY 2002, Two Penny Fishing Umbrella Funding.
Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament on December 6-8,
2001 in an amount not to exceed $2,500, FY 2002, Two Penny Fishing Umbrella Funding.
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Tammie Gurgiolo covering the Capt. Don Gurgiolo Sailfish Tournament on December
14-16,2001 in an amount of$2,500, FY 2002, Two Penny Fishing Umbrella Funding.
Rotary Club of Key Largo covering the Key Largo Sailfish Challenge on January 4-6,
2002 in an amount not to exceed $6,000, FY 2002, Two Penny Fishing Umbrella Funding.
Pursuit Boat Company covering the Pursuit Grady White Sailfish Championship on
January 10-12, 2002 in an amount not to exceed $10,000, FY 2002, Two Penny Fishing
Umbrella Funding.
Holiday Isle Resort and Marina covering the 17th Annual Holiday Isle Sailfish
Tournament on January 11-13,2002 in an amount not to exceed $2,500, FY 2002, Two Penny
Fishing Umbrella Funding.
Key West Fishing Tournament, Inc. d/b/a Key West and Lower Keys Fishing Tournament
covering the Key West and Lower Keys Fishing Tournament activities on January 12, 2002
through November 30, 2002 in an amount not to exceed $45,000, FY 2002 and FY 2003, Two
Penny Fishing Umbrella Funding.
Murray Marine, Inc. covering Hog's Breath King Mackerel Tournament on January
25-27,2002 in an amount not to exceed $14,500, FY 2002, Two Penny Fishing Umbrella
Funding.
Tammie Gurgiolo covering the Islamorada Womens Sailfish Tournament on February
8-10,2001 in an amount not to exceed $2,500, FY 2002, Two Penny Fishing Umbrella Funding.
Islamorada Charter Boat Association covering the Islamorada Mackeral Madness on
February 15-17, 2002 in an amount not to exceed $2,500, FY 2002, Two Penny Fishing
Umbrella Funding.
Capt. Leon Shell Annual Memorial Billfish Tournament covering Capt. Leon Shell
Annual Memorial Billfish Tournament on February 22-23,2002 in an amount not to exceed
$5,000, FY 2002, Two Penny Fishing Umbrella Funding.
Del Brown Invitational Permit Tournament covering the Del Brown Invitational Permit
Tournament on March 12-15,2002 in an amount not to exceed $2,500, FY 2002, Two Penny
Fishing Umbrella Funding.
Islamorada All-Tackle Spring Bonefish Tournament on March 19-22, 2002 in an amount
not to exceed $2,000, FY 2002, Two Penny Fishing Umbrella Funding.
Redbone, Inc. covering Mercury Redbone @ Large Celebrity Sunset Tarpon Tournament
on March 22-24, 2002 in an amount not to exceed $5,000, FY 2002, Two Penny Fishing
Umbrella Funding.
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Keys Classic Anglers Tournament, Inc. covering Texaco Key West Classic on May 1-4,
2002 for an amount not to exceed $30,000, FY 2002, Two Penny Fishing Umbrella Funding.
Coconuts Restaurant and Lounge covering the Coconuts Dolphin Tournament on May
17-19,2002 in an amount not to exceed $19,000, FY 2002, Two Penny Fishing Umbrella
Funding.
Cudjoe Gardens Dolphin Tournament covering the Cudjoe Gardens Dolphin Tournament
on May 31-June 2, 2002 in an amount not to exceed $2,000, FY 2002, Two Penny Fishing
Umbrella Funding.
Don Hawley Invitational Tarpon Fly Tournament covering the Don Hawley Invitational
Tarpon Fly Tournament on June 2-7, 2002 in an amount not to exceed $1,000, FY 2002, Two
Penny Fishing Umbrella Funding.
Lower Keys Chamber of Commerce covering the Big Pine and Lower Keys Dolphin
Tournament on June 7-9, 2002 in an amount not to exceed $7,000, FY 2002, Two Penny Fishing
Umbrella Funding.
Clear Channel Broadcasting, Inc. covering the 16th Annual Fathers Day Dolphin Derby
on June 15-16, 2002 in an amount not to exceed $5,000, FY 2002, Two Penny Fishing Umbrella
Funding.
Gold Cup Tarpon Tournament covering the Gold Cup Tarpon Tournament on June 16-21,
2002 in an amount not to exceed $2,200, FY 2002, Two Penny Fishing Umbrella Funding.
Key West Gator Club covering the Key West Gator Club Dolphin Derby on June 21-23,
2002 in an amount not to exceed $7,500, FY 2002, Two Penny Fishing Umbrella Funding.
Holiday Isle Resort & Marina covering the Holiday Isle/Caribee 18th Annual Dolphin
Tournament on July 12-14,2002 in an amount not to exceed $2,500, FY 2002, Two Penny
Fishing Umbrella Funding.
Geiger Key Marina covering the Geiger Key Marina Dolphin Tournament on July 13-14,
2002 in an amount not to exceed $4,000, FY 2002, Two Penny Fishing Umbrella Funding.
Key West Marlin Tournament covering the Key West Marlin Tournament on July 17-20,
2002 in an amount not to exceed $30,000, FY 2002, Two Penny Fishing Umbrella Funding.
Redbone, Inc. covering Mercury Little Palm Island Grand Slam on August 13-15, 2002 in
an amount not to exceed $6,000, FY 2002, Two Penny Fishing Umbrella Funding.
Redbone, Inc. covering the Mercury S.L.AM. Celebrity Tournament on September 6-8,
2002 in an amount not to exceed $17,000, FY 2002, Two Penny Fishing Umbrella Funding.
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Redbone, Inc. covering the Mercury Baybone Celebrity Tournament on October 4-6,
2002 in an amount not to exceed $12,000, FY 2003, Two Penny Fishing Umbrella Funding.
Islamorada All-Tackle Bonefish Tournament covering the Mercury Outboard's Bonefish
World Championship Islamorada All-Tackle Bonefish Tournament on October 14-18,2002 in an
amount not to exceed $2,000, FY 2003, Two Penny Fishing Umbrella Funding.
Redbone, Inc. covering the Mercury Cheeca/Redbone Celebrity Tournament on
November 8-10, 2002 in an amount not to exceed $6,500, FY 2003, Two Penny Fishing
Umbrella Funding.
Board adopted the following Resolution transferring funds (for TDC Emergency Funds
for Advertising and Promotion after September 11,2001 tragedy).
RESOLUTION NO. 427-2001
Said Resolution is incorporated herein by reference.
Board granted approval of Federation of Chambers request for Cultural Umbrella
Representatives as follows: Melissa Kendrick, District I; Rosie Ladrie, District II; Della Schuler,
District ID; David Cohn, District IV; and David Ganim, District V.
COMMUNITY SERVICES
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
(this represents additional funding available under the Older Americans Act to provide respite
care to elderly citizens of Monroe County under Title OAA ID-E, in the amount of$25,804).
RESOLUTION NO. 428-2001
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator James Roberts reported to the Board the issue of redistricting of
Commissioner districts.
Mr. Roberts discussed the City of Marathon requesting the County to take back
responsibility of the solid waste program. The matter was referred to the County Administrator.
Mr. Roberts discussed a survey sent to County employees concerning the issue of the
County no longer participating in the Career Service process, but having an additional program in
place to protect the employees (an arbitration system).
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DIVISION OF PUBLIC WORKS
Mr. Roberts discussed an issue regarding Waste Management vehicles coming from the
City of Key West and dumping at the Cudjoe site.
Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Nelson granting approval and authorizing execution of a
Term Extension Agreement between Monroe County and Waste Management, Inc. of Florida,
concerning transportation of waste to out-of-county disposal sites. Roll call vote was unanimous.
Mayor Neugent discussed receipt of a letter from Ted E. Carter, Sr., owner of Keys
Sanitary Service concerning specialty haulers not using Card Sound Road for C&D, per County
Ordinance. Mr. Roberts was requested to follow up and report back at the next Board meeting.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Tim McGarry reported to the Board that the Planning
Department in the Upper Keys was losing Ed Kokonis. Mr. Kokonis is leaving to go work for
Islamorada, Village of Islands.
Mr. McGarry updated the Board on the status of the Habitat Conservation Plan for Big
Pine Key and the preparation of Livable CommuniKeys plan that looks at the long term property
acquisition issues of growth and development of the Keys.
The Board requested Mr. McGarry make a presentation at the next Key Largo meeting
concerning staffing, salary ranges, incentives, longevity, etc. for the Growth Management
Division. Mr. Roberts addressed the Board.
Mr. Hendrick updated the Board on the following legal issues: Upper Keys Citizens
Association; Florida Keys Electric Coop - Planning Commission member.
The Board accepted the Growth Management Litigation Report, dated October 17 - 18,
2001, from Karen Cabanas, Esq., of the firm Morgan & Hendrick.
COMMISSIONERS' ITEMS
Mayor Neugent discussed his item with the Board concerning Lobster Mini Season. The
Board authorized Mayor Neugent to attend a meeting on October 31, 2001 in Key Largo to
discuss with the Fish & Wildlife Commission a 300' No Take Zone.
PUBLIC HEARINGS
A Public Hearing was held concerning a variance request by Joseph and Pamela Pellerito
to the time limitations for an expired permit pursuant to Section 6-40(f)(1), Monroe County
Code, as provided due to a health incapacity. Mr. McGarry addressed the Board. Motion was
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made by Commissioner Williams and seconded by Commissioner Spehar to approve the request,
with conditions recommended by the Growth Management Director. Motion carried
unanimously.
A Public Hearing was held concerning adoption of a Resolution evidencing the Board's
approval of a Recommended Beneficial Use Determination promulgated by the Special Master,
In Re: The application of Andy and Carol Samul. Motion carried unanimously.
RESOLUTION NO. 429-2001
Said Resolution is incorporated herein by reference.
There being no further business to come before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~MC.~
Isabel C. DeSantis, eputy Clerk