07/14/2004 Regular
MINUTES 2004/153
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 14,2004
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date at the Harvey Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner
David P. Rice, Commissioner Dixie Spehar and Mayor Murray E. Nelson. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins, County Attorney;
James Roberts, County Administrator; 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 Rice and seconded by Commissioner Spehar granting
approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for April, 2004, to Roberto Blasco,
Custodian, Facilities Maintenance Department, Public Works Division.
Presentation of Mayor's Proclamation to declare July 26,2004, as ADA Anniversary Day
in Monroe County.
Presentation of the Government Finance Officers Association (GFOA) award to Monroe
County's Office of Management and Budget.
Presentation of the National Association of Counties 2004 (NACo) Achievement Award
for the program entitled Lunchtime Senior Concert Series.
Calling Out Ceremony of Monroe County children who need adoptive homes.
Recognition of Public Works employees who assisted with the cleaning of Higgs Beach.
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BULK APPROVALS
Motion was made by Mayor Nelson and seconded by Commissioner Neugent granting
approval of the following items by unanimous consent:
Board granted approval to assist the Department of Navy, NASKW, with the reopening of
a portion of old US 1 on Rockland Key.
Board granted approval and authorized execution of a Maintenance Agreement between
Monroe County and the State of Florida, Department of Juvenile Justice concerning the first floor
juvenile justice building located on Stock Island.
Board granted approval and authorized execution of a Facilities Use Agreement between
Monroe County and Meghan Cole d/b/a Yoga by the Sea for use of the Higgs Beach Platform.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Conch Cruisers, Inc., concerning Salute Restaurant at Higgs Beach, to
correct the monthly rental amount to include janitorial services with CPI incrase.
Board granted approval and authorized execution of a Residential Lease Agreement
between Monroe County and Deputy Dawn Leird to continue residing in one-half ofthe duplex
located at the Key Largo Community Park for the amount of$425.00 per month for rent and
utilities.
Board granted approval to renew and authorized execution of a Security Agreement with
a Law Enforcement Officer between Monroe County and Deputy David Johnson to continue
residing at the Mariner's Resort Park in Big Pine Key, Florida, for the same amount of rent and
utilities totaling $425.00 per month.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to remove surplus equipment from inventory for disposal and/or
salvage and approval to advertise for bids. Said inventory listing is incorporated herein by
reference.
Board granted papproval to advertise Public Hearings concerning the annual non-ad
valorem assessment for the collection, disposal, and recycling of residential solid waste; and the
establishment of collection, disposal, and recycling rates for commercial waste stream generators.
Board adopted the following Resolution adopting the tentative residential per month solid
waste collection, disposal and recycling rates for commercial property in the various solid waste
collection franchise areas for Fiscal Year 2005.
RESOLUTION NO. 228-2004
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Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Federally Funded Sub grant
Agreement between Monroe County and the Florida Department of Community Affairs regarding
a State Homeland Security Grant Program, in the amount of$88,142. This grant provides funds
for enhancements to the County's Emergency Operations Center (EOC). The County further
waives its policy requirement for Monroe County venue and consents to venue being in Leon
County.
Board granted approval and authorized execution of License Agreement between Monroe
County and MetroPCS California/Florida, Inc., for lease of surplus antenna tower space on the
County owned communications tower located in Stock Island.
Board granted approval and authorized execution of an Amendment to Lease Agreement
between Monroe County and Florida Keys Aqueduct Authority (FKAA) to lease an additional
area adjacent to FKAA's current leasehold at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of Purchase Service Order No.
04/05-33 between Monroe County and URS for New Terminal Plans, Specifications, and
Permitting for the Key West International Airport.
Board granted approval and authorized execution of Federal Aviation Administration
Land Lease, No. DT ASO-04-L-00093 between Monroe County and the United States of America
for the Runway-End Identification Lights (REIL) System Facility/Runway 27, at the Key West
International Airport.
Board granted approval of Key West International Airport Security Expenditure Plan
Amendment for FY 2004 through FY 2007.
Board adopted the following Resolution superseding Resolution No. 389-1999, and
adopting an Amended Fee Schedule for use by the Special Taxing District for providing
ambulance services.
RESOLUTION NO. 229-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement between Monroe
County and Para-Med Academy, Inc., (d/b/a EMS Academy) for Monroe County Fire Rescue
(MCFR) to provide an EMS training environment from date of approval of Agreement through
December 31, 2005 with the option to renew on a year-to-year basis.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and the District Board of Trustees of Florida Keys Community College (FKCC)
concerning EMS training extending Agreement to June 30,2005.
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Board granted approval of revised Library Policy Sections 2.03 and 2.04, pertaining to
obtaining a library card, borrowing materials, and the schedule of fines and fees.
Board granted approval and authorized execution Amendment No. 001 to Contract No.
KC-371 (7/1/03-6/30/04) between Monroe County/Monroe County Social Services and the
Alliance for Aging, Inc., (Area Agency on Aging for Miami-Dade and Monroe Counties), to
modify the maximum units and dollars included in Paragraph E, Section III (Method of Payment)
of Attachment I to Contract.
Board granted approval of purchase of airport liability insurance with Ace USA through
Arthur J. Gallagher and Company.
Board granted approval and authorized execution of the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds Agreement for the purchase offour
breathalyzer units and printers.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and the Care Center for Mental Health, Inc., increasing the amount by
$45,967.50.
Board granted approval to rescind the Agreement between Monroe County and the
Guidance Clinic of the Upper Keys, Inc., as the Guidance Clinic of the Upper Keys ceased
operation on March 12,2004. Care Center for Mental Health has expanded its service area to
serve those previously served by Guidance Clinic of the Upper Keys.
Board adopted the following Resolutions concerning Transfer of Funds, Receipt of
Unanticipated Revenue and Amending:
Receipt of Unanticipated Funds (OMB Schedule Item No.1).
RESOLUTION NO. 230-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 171-2004 (OMB Schedule Item No.2).
RESOLUTION NO. 231-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 232-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 233-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
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RESOLUTION NO. 234-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 235-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.7).
RESOLUTION NO. 236-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 237-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 238-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 239-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 240-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 241-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 242-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 243-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 244-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 245-2004
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Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 246-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 247-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 248-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 249-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 250-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 251-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 252-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 253-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 254-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 255-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 256-2004
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of a letter dated June 22, 2004 to enter
into an On-Call FEMA Grant Management Services Agreement with Adjusters International
Disaster Recovery Services (AIDRS) to provide services to the County to maximize FEMA
funding in the event a disaster has been declared, and to expedite the process and retain funds
during project closeout and audit.
Board granted approval for the County Administrator or his designee to complete and
submit the online application for the Federal Fiscal Year 2004 Local Law Enforcement Block
Grant funds via Internet as required by u.s. Department of Justice, Bureau of Justice Assistance.
Board granted approval for the County Administrator to execute an Order Addendum to
Master Contract for BellSouth Business Services Master Agreement number DS0025 for Key
West Airport and to execute up to 50 additional order addendums to same Master Contract for
DSL service as sites get connected to DSL.
Board granted approval to enter into Modification Number Two to the Hazard Mitigation
Grant Agreement Number 0IHM-4R-II-54-15-009 with the Department of Community Affairs
concerning FEMA Project 1259-0019 Gato Building Retrofit Project.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Addendum to Interlocal
Agreement between Monroe County and the City of Key West for beach cleaning services and
seaweed cleanup by Robbies Marine for Smathers and Rest Beach in an amount not to exceed
$138,140 per year for cleaning and maintenance and $45,000 per year for seaweed cleanup, DAC
I, third penny resources.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and Islamorada, Village of Islands, to extend Agreement
until September 30, 2005.
Board granted approval to advertise a Request For Qualifications for a county wide
Fishing Umbrella.
Board granted approval to advertise a Request For Qualifications for a county wide
Diving Umbrella.
DIVISION OF MANAGEMENT SERVICES
Board granted approval to refund de-obligated costs of$58,682.50 from disaster - 1259
(Tropical Storm Mitch) to the Florida Department of Community Affairs as per Audit Report
E-06-03, Office of the Inspector General.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of recommendations from the Request for Statements of
Qualifications (RFQ) Selection Committee to select URS Corporation to provide Transportation
PlanninglEngineering Services to the Growth Management Division, and direct Staff to enter into
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Contract negotiations with this firm; if the Staff is unable to successfully negotiate a Contract with
this firm, it is authorized to enter into negotiations with the second ranked firm.
Board granted approval and authorized execution of a Memorandum of Agreement
between Monroe County and the Florida Department of Environmental Protection Office of
Greenways and Trails (DEP-OGT) to assist in the construction of the Florida Keys Overseas
Heritage Trail.
Board granted approval and authorized execution of Amendment No.1 to the Joint
Participation Agreement (JP A) between Monroe County and the Florida Department of
Transportation (FDOT) for the completion of boat ramp engineering and reconstruction.
Board granted approval to solicit bids for the installation of 135 Idle SpeedlNo Wake
buoys at designated areas along the shoreline in Islamorada, Village of Islands at the request of
the Village.
Board granted approval for one Lot Aggregation Restrictive Covenant from Sean &
Sandra Heffron to have one dwelling unit on contiguous lots, Permit No. 02-03-0003, for
property described as Lots 10 & 11, Block 3, Ocean Isles Estates, Key Largo. The applicants are
receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the
documents in accordance with Ordinance No. 47-1999.
Board granted approval for one Lot Aggregation Restrictive Covenant from Rosie Perez
to have one dwelling unit on contiguous lots, Permit No. 03-3-2510, for property described as
Lots 1,2,25 & 26, Block 19, Amended Plat Key Largo Park, Key Largo. The applicant is
receiving one dwelling unit allocation award for the year ending July 13,2004, have filed the
documents in accordance with Ordinance No. 47-1999.
Board granted approval for one Restrictive Covenant from Marlin Holding Inc., a Florida
Corporation - Joseph Silvestri, President to have one dwelling unit on contiguous lots, Permit No.
03-3-0577 for property described as Lots 21 & 22, Block 19, Largo Sound Park, Key Largo.
The applicant is receiving one dwelling unit allocation award for the year ending July 13,2004,
have filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval for one Restrictive Covenant from Marlin Holding, Inc., a Florida
Corporation - Joseph Silvestri, President to have one dwelling unit on contiguous lots, Permit No.
02-3-3927, for property described as Lots 18 & 19, Block 19, Largo Sound. The applicant is
receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the
documents in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Richard R. & Rosa
Mazzei to Monroe County by Warranty Deed, Permit No. 02-1-1592, for property described as
Lot 1, Block 9, Eden Pines Colony Subdivision, Big Pine Key. The applicants are receiving one
dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in
accordance with Ordinance No. 47-1999.
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MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of request for expenditures from Law Enforcement Trust Fund in
the total amount of$9, 100 as follows:
$2,000 Educational Coalition for Monroe County - This sum will contribute to the
cultural development of our community and the leadership of youth.
$5,000 "Sol Fest" Program - This sum will fund the Summer Music Camp.
$2, 100 "Art Behind Bars" - This sum will help fund the annual "Art Behind Bars
Birthday Party Show" covering the cost of printing, mailing invitations, cost of guest speaker and
marketing the event.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution authorizing application approval for the
Community Development Block Grant (CDBG) sewer connection assistance program and
recognition of the CDBG program's conflict of interest requirement.
RESOLUTION NO. 257-2004
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner McCoy's reappointment of Julio Margalli, Esq.
to the Monroe County Planning Commission for a consecutive two year term to commence
October 16, 2004 and expiring October 16, 2006.
Board adopted the following Resolution to honor the life of Miriam Bernstein, who passed
away on June 11,2004.
RESOLUTION NO. 258-2004
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted approval of the following Warrants (3842-4195 & 101219-102450 &
207114-207220):
General Fund (001), in the amount of$I,107,544.58; Fine & Forfeiture Fund (101), in
the amount of $2,707,428. 19; Road and Bridge Fund (102), in the amount of$92,440.36; TDC
District Two Penny (115), in the amount of$211,209.19; TDC Admin. & Promo 2 Cent
(116), in the amount of$303,889.16; TDC District 1,3 Cent (117), in the amount of
$121,254.57; TDC District 2, 3 Cent (118), in the amount of$13,899.43; TDC District 3, 3
Cent (119), in the amount of $-17,738.62; TDC District 4, 3 Cent (120), in the amount of
$13,520.58; TDC District 5, 3 Cent (121), in the amount of$6,224.34; Gov. Fund Type
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Grants (125), in the amount of$175,385.30; Fire & Amb Dist 1 L&M Keys (141), in the
amount of$49,509.56; Upper Keys Health Care (144), in the amount of$S70.64; Fire & Amb
Dist 6 Key Largo (146), in the amount of$22,068.19; Uninc Svc Dist Parks & Rec (147), in
the amount of$28,882.14; Plan, Build, Zoning (148), in the amount of$108,984.25; Municipal
Policing (149), in the amount of$406,944.81; 911 Enhancement Fee (150), in the amount of
$3,289.01; Duck Key Security (152), in the amount of$I1.97; Local Housing Assistance
(153), in the amount $15,061.27; Boating Improvement Fund (157), in the amount of
$23,477.96; Misc. Special Revenue Fund (158), in the amount of$17,495.11; Law
Enforcement Trust (162), in the amount of$6,830.00; Marathon Municipal Service (166), in
the amount of$323.44; Conch Key Wastewater MSTU (167), in the amount of$12.48; Bay
Point Wastewater MSTU (168), in the amount of$10.30; Key Largo Wastewater MSTU
(170), in the amount of $262.47; 1 Cent Infra Surtax (304), in the amount of $684,537.22;
Clerks Rev Note, Capital (306), in the amount of$14,433.00; 2003 Revenue Bonds (307), in
the amount of$5,500.00; Card Sound Bridge (401), in the amount of$3,483.83; Marathon
Airport (403), in the amount of$55,472.36; Key West IntI. Airport (404), in the amount of
$229,992.39; MSD Solid Waste (414), in the amount of$995,720.93; Worker's Compensation
(501), in the amount of$15,291.07; Group Insurance Fund (502), in the amount of
$161,165.93; Risk Management Fund (503), in the amount of$115,580.26; Fleet
Management Fund (504), in the amount of$110,382.14.
Board granted approval of the following Fine & Forfeiture Expenditures:
Court Reporter Services, Amy Landry Reporting, in the amount of$I,335.20;
Associated Court Reporters, in the amount of$3,618.50; Catherine Webster, in the amount of
$356.75; Court Reporters of Key West, in the amount of$178.50; Goldman, Naccarato,
Patterson, Vela & Associates, in the amount of$120.00; Monroe County Court Reporting, in the
amount of $624.50; Veritext LLC, in the amount of$659.75. Competency Evaluation, A Louis
Oconnor PHD, in the amount of$700.00; Care Center for Mental Health, in the amount of
$1,050.00; Institute for Behavioral Sciences and the Law, in the amount of$350.00; James W.
Holbrook EDD, in the amount of$I,750.00; Pamela Strother, in the amount of$700.00; Richard
Gaudet, in the amount of$450.00; The Counseling Associates, in the amount of$450.00. Court
Interpreter, Alex Diaz, in the amount of$210.00; Claudia M. Hancock, in the amount of
$367.50; Estrella Garcia, in the amount of$210.00; Gina Gonzalez, in the amount of$235.00;
Jacob Zucker, in the amount of$50.00; Jean Nelson, in the amount of$325.00; Link Translations
& Typesetting Inc., in the amount of$2,065.50; Luz Marina Cala, in the amount of$437.50; Pilar
Nelson, in the amount of$820.96; Sergio Alvarez, in the amount of$315.00. Witness
Coordination, Witness Payroll, in the amount of$150.00; Witness Travel & Per Diem, in the
amount of$9,746.10. Expert Witness, Detective Dillon Corr, in the amount of$87.00; Gary W.
Litman, in the amount of$2,925.00; Regina Medical Center, Inc., in the amount of$I,500.00;
Swope Construction, in the amount of$I,387.50. Court Appointed Attorney Fees - Conflict,
Carl Palomino, Esq., in the amount of$2,500.00; Erin Nevius, in the amount of$450.00; Fleming
Law Firm PA Inc., in the amount of$I,400.00; Gregory Davila, in the amount of$I,706.25;
Halford Schuhmacher, in the amount of$2,167.45; Jason Smith, in the amount of $2,000.00; John
Rotolo, in the amount of$I,098.75; Laurie Hall, in the amount of$742.50; Maria Betancourt, in
the amount of$4,653.75; Merrell Sands III, in the amount of$2,836.00; Monica Matthews
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Santana, in the amount of$2,500.00; Tom Woods, in the amount of$412.53; Victoria McFadyen,
in the amount of$885.00; W J Heffernan, Jr., in the amount of$I,158.75; William Webster, in the
amount of$350.00. Other Services Circuit, Avis Rent A Car, in the amount of$64.47; Dwight
Wells, in the amount of$266.56; Jonathan Raiche, in the amount of$157.74; Joshua Blacksten, in
the amount of$231.81; State of Florida, in the amount of$I,042.53. Miscellaneous Expenses,
State of Florida, in the amount of$90.05.
Board granted approval of the following Tourist Development Council Expenditures for
the month of June 2004:
Advertising, in the amount of $380,180.37; Visitor Information Services, in the amount
of $24,999.98; Events, in the amount of $96,406.37; Office Supplies & Oper Costs, in the
amount of$35,993.67; Personal Services, in the amount of$37,970.69; Public Relations, in the
amount of$58,176.70; Sales & Marketing, in the amount of$43,981.81; Telephone &
Utilities, in the amount of$5,839.57; Travel, in the amount of$3,935.17.
Board granted official approval of the Board of County Commissioners Minutes from the
Regular Meeting of March 18, 2004 and Special Meetings of April 30, May 11, May 19, June 5,
and June 9, 2004 (previously distributed).
Board granted approval and authorized execution of an Amendment to Monroe County
Audit Contract between Monroe County and Cherry, Bekaert, and Holland, L.L.P., to transfer the
role of drafting the BOCC Financial Statements and the Monroe County Comprehensive Annual
Financial Report to the Auditor.
Board granted approval to amend the minutes of the BOCC meeting of December 17,
2003, reflecting the adoption of two (2) Ordinances: 11 An amendment to Policy 212.2.3 of the
Monroe County Year 2010 Comprehensive Plan incorporating revisions recommended by the
Department of Community Affairs concerning Shoreline Setbacks. (This ordinance was assigned
Ordinance No. 049-2003). 21 An amendment to the Land Development Regulations to amend
Section 9.5-349, Shoreline Setbacks- this Ordinance shall be assigned Ordinance No.
049A-2003. See minutes page 2003/323.
COUNTY ATTORNEY
Board granted approval to initiate litigation to collect code enforcement fines that had
been imposed against David J. Laquerre, Case No. CE 03050022 and Holly G. Blandeaux, Case
No. CE 03100243 and authorized the County Attorney's Office to negotiate settlements, if
appropriate, in each case.
Board granted approval and authorized execution of a Settlement Agreement in the case
of Steven G. Harris & Lourdes M. Spellman v. Monroe County, Case No. 2004 CA 178 P.
Board adopted the following Resolution designating the Safe Zone located on County
property on Stock Island as exempt from the No Camping Ordinance No. 020-2004.
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RESOLUTION NO. 259-2004
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of First Street, Key Largo City, Plat
No.5, fronting Lots 10 through 17, and a portion of alleyway that separates Lots 10 through 17
and Lots 46 through 53, Block 5, Key Largo, Monroe County, Florida.
RESOLUTION NO. 260-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West authorizing the County Attorney's Office to serve as
municipal prosecutors on behalf of the City.
Board adopted the following Resolution relating to the provision of wastewater capacity;
Describing the property electing to pay annual wastewater assessments to fund the deferred
wastewater capacity fee and related costs; Determining the deferred capacity fee, interest rate and
other costs to be assessed and the other terms and conditions of the annual wastewater
assessments; Establishing the amount and term of the annual wastewater assessment for each
parcel of property to be assessed; Directing preparation of the initial non-ad valorem assessment
roll; Establishing a Public Hearing to consider imposition of the proposed wastewater assessments
and the method of their collection; Directing the provision of notice in connection therewith; and
providing an effective date.
RESOLUTION NO. 261-2004
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS
James L. Roberts, County Administrator addressed the Board concerning proposed dates
for the BOCC/TDC joint meeting.
The County Administrator then discussed a date for Colin Baezinger to present additional
names of candidates to the BOCC for a new County Administrator. The Board agreed to the
following dates: July 20th, PM - Presentation of additional candidate names; August 20th -
Candidate Reception; and August 21st - New County Administrator Interviews.
COUNTY ATTORNEY
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
reopen today's Agenda in order to assign a time approximate for Agenda item S7 concerning
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Clarification and direction to County staff regarding Shrimp Road as follows: Direct County
Attorney's office to record Bernstein deed; Direct Public Works to make necessary repairs to, and
maintain as needed, the extended portion of Shrimp Road as described in the legal descriptions to
3 tracts, a time approximate to be heard. Motion carried unanimously. The County
Administrator assigned the item 3: 3 0 PM. Motion was made by Commissioner Spehar and
seconded by Commissioner McCoy to hear the item at 3 :30 PM. Motion carried unanimously.
MISCELLANEOUS
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
hold the BOCC/TDC joint meeting on August 17,2004 at 1 :00 P.M. at the Marathon
Government Center. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Safety Director, Reggie Paros addressed the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner McCoy to adopt the following Resolution
approving the tentative residential solid waste collection, disposal and recycling rates for the
Fiscal Year 2004-2005. Motion carried unanimously.
RESOLUTION NO. 262-2004
Said Resolution is incorporated herein by reference.
STAFF REPORTS
Growth Management Director, Tim McGarry reported to the Board that the new LDR
Proposed Rule will be soon be published in the Florida Administrative Weekly. Mr. McGarry also
discussed concerns in the 2004 US 1 Arterial Travel Time & Delay Study.
DIVISION OF GROWTH MANAGEMENT
The Board discussed consideration of a possible Settlement Agreement in the case of
Industrial Communications and Electronics v. Monroe County regarding a proposed 1,000 foot
communications tower in Cudjoe Key, (continued from the June 16, 2004 meeting). The
following individuals addressed the Board: Michelle Wisniewski, representing the Florida Keys
Astronomy Club, S.C.AS., W.S.P., and I.D.A; Philip Frank, Dennis Henize, representing Last
Stand; Mark Hedden, representing Florida Keys Audubon Society; Joan Borel, Nancy Klingener,
Sheila Rowan, representing F & N ofKW Bight; George Halloran, representing Last Stand; Phil
McGann, and Attorney David Paul Horan, representing Industrial Communication. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar
to not approve the proposed Settlement Agreement. Commander Jim Tiffett, Executive Officer
of the Key West Coast Guard Group; Mr. Collins and Mr. McGarry also addressed the Board.
Roll call vote was unanimous.
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TAX COLLECTOR
Jim Thomas, representing the Monroe County Tax Collector addressed the Board and
presented the recap of the 2003 tax roll and the list of Errors and Insolvencies for the 2003 tax
roll, and also requested that the 2004 tax roll be extended and the tax bills be mailed prior to
completion of the Value Adjustment Board Hearings. Motion was made by Commissioner
Neugent and seconded by Commissioner McCoy granting approval of the extension of the 2004
tax roll and that the tax bills be mailed prior to completion of the Value Adjustment Board
Hearings. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
The Board discussed Pet Friendly Shelters for the Special Needs Clients located in five
shelters throughout Monroe County and one Pet Friendly Special Needs Shelter in Dade County,
location to be determined. Social Services Director Louis LaTorre introduced Laura Bevan of the
Humane Society of the United States who made a presentation before the Board. The following
individuals addressed the Board: CeCe Crane, representing Kritter Patrol and Special Needs;
Michelle Wisniewski, representing Florida Keys Council for People with Disabilities; and Dr.
Susana May, representing the Monroe County Health Department. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner McCoy granting conceptual
approval of the plan contingent upon the approval by the Monroe County Health Department and
a full report from Staff. The County Attorney, County Administrator, and Mr. LaTorre
addressed the Board. Roll call vote 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 Councilman John Cromartie, Commissioner George Neugent,
Commissioner Dixie Spehar, Mayor Pro Tem David P. Rice, and Chairman Kevin Madok.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolution of the Board of Governors, Fire and Ambulance District 1 of
Monroe County, Florida, superseding Resolution No. 438-1999, and adopting an amended fee
schedule for use by the Special Taxing District for providing ambulance services. Motion carried
unanimously.
RESOLUTION NO. 263-2004
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of Governors was adjourned.
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DIVISION OF MANAGEMENT SERVICES
Sheila Barker, Management Services Director reported to the Board on Final Inspections
of disaster - 1249 (Hurricane Georges). County application reopened upon appeal, to allow for
final inspection of various projects still open at time of administrative applicant closing. Currently
anticipating approximately $500,000 of various emergency work costs not previously considered
be paid to the County upon final approval and closing of these projects and Damage Survey
Reports. No official action was taken by the Board.
Ms. Barker reported to the Board concerning costs associated with the Teen Court
Program and request for the Board to provide direction to staff regarding the Fiscal Year 2005
Budget for this program. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Spehar to include the program in the budget process. Motion carried
unanimously.
DIVISION OF GROWTH MANAGEMENT
Commissioner Neugent discussed a Release of the Affordable Housing Deed Restriction
and Notice of Deferred Payment ofImpact Fees requested by Ken Beardsley on his property on
Lower Matecumbe Key identified by Real Estate Number 00395631-000800 contingent upon
payment of waived impact fee plus interest. Mr. McGarry addressed the Board. Motion was
made by Commissioner Neugent and seconded by Commissioner Rice granting approval and
authorizing execution of the item. Motion carried unanimously.
The Board was provided with the written Growth Management Litigation Report from
Attorney Derek V. Howard, Esq. ofthe firm Morgan & Hendrick, dated July 12,2004.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item to accept the return of the Marathon Yacht
Club back into ownership of the County as originally conveyed to the City of Marathon as
requested through Resolution by the Marathon Yacht Club and the City of Marathon. Mr. Collins
addressed the Board. Motion was made by Commissioner Neugent and seconded by
Commissioner Rice to table the item to the August Board meeting. Roll call vote was unanimous.
Commissioner Neugent discussed a humanitarian visit to Cuba by Larry Benvenuti. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy
to send a letter of support from Monroe County to Ileana Ros-Lehtinen. Mr. Roberts addressed
the Board. Motion carried unanimously.
AIRPORTS
Monroe County Airports Director, Peter Horton introduced Howard Klein ofURS
Consultants who made a presentation to the Board of the Key West International Airport
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Terminal Concept Study, dated July 2004. Motion was made by Commissioner Spehar and
seconded by Commissioner McCoy to proceed with the project. Mr. Horton addressed the
Board. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Yvette London of Harvard, Jolly, Clees, and Toppe Architects presented the status of the
design of the new Medical Examiner's Facility. Mr. Roberts addressed the Board. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to
send a letter of support from Monroe County to the Army Corps of Engineers. Motion carried
unanimously.
Jose Gonzalez, Architect updated the Board for work being performed at Jackson Square.
After discussion, motion was made by Commissioner McCoy and seconded by Commissioner
Spehar that Commissioner McCoy, Mr. Gonzalez and Judge Richard Payne meet with
representatives in the City of Key West for a resolution to the building permit issue, and if not
successful, the architect is directed to move forward with permitting with the City of Key West.
Roll call vote was unanimous.
William P. Horn, Architect updated the Board for work being performed on Conch Key,
N. Key Largo and Big Pine Key Fire Stations. Dave Koppel, County Engineer addressed the
Board.
COUNTY ADMINISTRATOR
Mark Rosch, Director of the Monroe County Land Authority addressed the Board
concerning the purchase of the D&J Industries building on Big Pine Key and lease of same to
Habitat for Humanity of Key West and the Lower Keys, Inc. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Rice to purchase the building in the
amount of$I,050,000. Motion carried unanimous.
Mr. Rosch briefly discussed the purchase of the Quay building in Key Largo and indicated
that the closing was taking place today.
Mr. Rosch addressed the Board concerning direction to Staff regarding purchase of a
portion of the Dog Track property on Stock Island as a fire station site. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Rice granting approval and
authorizing execution of First Amendment to Agreement for the Purchase of Lands, subject to
legal review by the County Attorney. Should the seller fail to execute the amendment, staff is
authorized to provide notice that the County is teminating the original Purchase Agreement in
accordance provisions contained therein. Roll call vote was unanimous.
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COUNTY ATTORNEY
Richard Collins, County Attorney made a presentation to the Board concerning Assistant
County Attorney Bob Shillinger who passed an examination administered by the Florida Bar for
certification in City, County, and Local Government Law.
The Board was provided with written copies of memorandums prepared by Assistant
County Attorney Bob Shillinger, dated July 13,2004 concerning the July 2004 CAY litigation
report; and the June 2004 Recap of Services prepared by Suzanne Hutton, Assistant County
Attorney. Mr. Shillinger addressed the Board.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Sec. 2-6, of
the Monroe County Code; increasing the compensation for Monroe County Planning Commission
members, from $6,400 to $9,600 a year, for twenty-four regular meetings; Providing for repeal of
all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code
of Ordinances; and Providing for an effective date of October 1, 2004. There was no public input.
Motion was made by Commissioner McCoy and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2004
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right ofthe County and the public in and to a portion of Sea Lane, Geiger Key,
Monroe County, Florida. The Board accepted public input with the following individual
addressing the Board: R. Bruce Wallace, representing Reese and Marilynn Palley; and Glen
Owens, representing Tamarac Park Property Owners. Motion was made by Commissioner
Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 264-2004
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance adding Sec. 13. 5-5(p),
Monroe County Code, in order to establish a dog park at Higgs Beach County Park of Key West;
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. Richard Collins, County Attorney read into the record the following changes to
the Ordinance:
In the title of the Ordinance, t:3tttbligh. a dog park is removed and replaced with enclose a
greenspace for dogs.
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Add the following as first paragraph: WHEREAS. on April 18. 2001. May 16. 2001. and
August 15.2002. the Board of County Commissioners of Monroe County. Florida. adopted
Ordinances No. 19-2001. No. 21-2001 and no. 30-2001. respectively. authorizing pets in
specified open spaces at Higgs Beach County Park subiect to certain conditions: and
Make the following change in seventh WHEREAS, a dog park enclosure of one of the
areas previously designated as permitting pets would provide the following benefits;
Make the following changes in Section 1:
(p) A dog park An open greenspace may be cgtablighcd enclosed at Higgs Beach County
Park, Monroe County, Florida, located as set forth in attachment A, provided that said pftfk
enclosed greenspace shall meet the following minimum requirements;
(v) There shall be signage with rules for pftfk enclosed greenspace use. Such rules shall
include, but not be limited to:
(D) All dogs must have current rabies vaccinations and County licenses and be wearing
their tags while in the pftfk enclosed greenspace.
(K) No roller blades, skateboards, or bicycles are allowed in the dog park enclosed
greenspace.
(M) The County Commission may establish additional rules governing the dog park use
of the enclosed greenspace by further ordinance.
The Board then accepted public input with the following individuals addressing the Board:
Connie Christian, representing Dog Park Committee; Lynne Bentley-Kemp, representing Key
West Garden Club; Sara Lister, representing Key West Park Lovers; Charles Newman, Majorie
Chapin, representing Key West Garden Club; CeCe Crane, representing KW Kritter Patrol; Gary
Sechen, representing The Xena Fund; Ronald Zemlicka, Jane Parthemore, John Jones,
representing City of Key West; Jane Dawkins, Marie Penot, representing Garden Club; Holly
Close, representing Kritter Patrol Volunteers & Dog Owner; Sterling Christian, Gwen Hawtof,
representing Florida Keys SPCA, President; Jack Lynch. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance, as
revised by the County Attorney. Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner Rice No
Commissioner Spehar Yes
Commissioner McCoy No
Mayor Nelson Yes
Motion failed. After further discussion, motion was made by Commissioner McCoy and seconded
by Commissioner Spehar that the City of Key West aggressively work with this group to find a
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dog park that will not present a health concern, within thirty (30) days. (This item will be heard at
the next BOCC meeting in Key West, October 20,2004 - (90 days). Roll call vote was taken
with the following results:
Commissioner Neugent No
Commissioner Rice Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor Nelson No
Motion carried.
A Public Hearing was held concerning adoption of an Ordinance correcting Monroe
County Code of Ordinances referring to repealed Statutes and County Ordinances; repealing
Ordinances or portions thereof that have become obsolete or superseded by Statute or more
subsequently adopted Ordinances; providing that the repeal of any Ordinance or portion thereof
shall not revive any earlier Ordinance; providing that the repeal of any Ordinance or portion
thereof shall not affect any fee or penalty due on the effective date of repeal and shall not affect
the validity of any bonds outstanding on the date of repeal; and providing an effective date. There
was no public input. Motion was made by Commissioner Rice and seconded by Commissioner
McCoy to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 022-2004
Said Ordinance is incorporated herein by reference.
COUNTY ATTORNEY
Robbie Reckwerdt, representing Robbie's Marina addressed the Board. Motion was made
by Commissioner Neugent and seconded by Commissioner Rice directing the County Attorney's
Office to record the Bernstein Deed and directing Public Works to make necessary repairs to, and
maintain as needed, the extended portion of Shrimp Road as described in the legal descriptions of
3 tracts, more particularly described in Exhibit A Roll call vote was unanimous. Public Works
Director, Dent Pierce advised the Board that a 900' section ofthe road was still privately owned.
The County Attorney advised the Board that due to its continued use as a public right-of-way, the
Board would be authorized to make the necessary improvements for the benefit of public safety.
COMMISSIONERS' ITEMS
Commissioner Spehar introduce Joe Barker of Wesley House Family Services who made a
presentation to the Board of the transition plan for the transfer of the responsibility of foster
children and at risk families from the Department of Children and Families to Wesley House
Family Services on October 1, 2004, and distributed the document titled Our Kids of
Miami-Dade and Monroe, Inc., and Wesley House System of Care Design, Working Document
Services Begin October 2004.
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Commissioner Neugent discussed his item for approval to advertise the Tourist
Development Council position "At Large" on DAC III to replace Mr. Repetto due to a conflict
that now exist which makes it improper for him to sit on this position. Motion was made by
Commissioner Neugent and seconded by Commissioner Rice to appoint Bernard Carbin. Motion
carried unanimously.
COUNTY ATTORNEY
Mr. Koppel addressed the Board. Motion was made by Commissioner Spehar and
seconded by Commissioner McCoy granting approval ofa payment request for $53,255.00 to
KW Resort Utilities for additional sewer work within the public right of way along US 1 on Stock
Island, provided all conditions precedent are satisfied, and approval of plans dated June 10, 2004
for Hurricane Hole Marina Sewer Extension and execution of an appropriate Change Order for
the request. The County Attorney and County Clerk addressed the Board. Roll call vote was
unammous.
MISCELLANEOUS
Mayor Nelson discussed the agreement with DCA concerning the Proposed Rule. Motion
was made by Commissioner Rice and seconded by Commissioner Spehar to prepare a document
of all items that have been completed by the County to Teresa Tinker in the Governor's Office,
that summarizes wastewater, environmentally sensitive lands and workforce housing, and allow
the Mayor in conjunction with Growth Management, Land Authority and County Administration
to work with Ms. Tinker. Motion carried unanimously.
COUNTY ADMINISTRATOR
James Roberts, County Administrator made a Presentation, Overview and budget message
for the Proposed Fiscal Year 2005 Budget. Management Services Director, Sheila Barker
addressed the Board. No official action was taken by the Board.
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. ~YaJiJ
Isabel C. DeSantis, Deputy Clerk