09/21/2004 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2004/218
Regular Meeting
Board of County Commissioners
Tuesday, September 21, 2004
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were
Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie
Spehar, Mayor Pro Tern David P. Rice. Absent was 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 Neugent and seconded by Commissioner McCoy
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Mayor's Proclamation to observe the days of September 9-10, 2004 as The Grand
Inaugural of the Eleventh President of the University of Florida.
Mayor's Proclamation to observe October 3-9, 2004 as Fire Prevention Week.
Mayor's Proclamation declaring October 10-16, 2004 as Hispanic Heritage Week.
Mayor's Proclamation declaring October, 2004 as Month of the Americas.
BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval to advertise surplus equipment for bid and approval to remove
surplus equipment from inventory for disposal and/or salvage.
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Board granted approval and authorized execution of a Renewal Amendment to Lease
between Monroe County and Peter O. Dalton for a one year extension for Extension Services
office space in the Damaron building in Key Largo; and waived the requirement to have two (2)
written quotes because potential expected moving costs would exceed any savings from a lower
quote.
Board granted approval to purchase a FY 2004 Budgeted transportation bus by piggy
backing on the FDOT FVPP-03-SC-1 Florida Procurement Program.
Board granted approval to name an unnamed easement on Stock Island as "Boatyard
Row" and authorized Staff to install a street sign at the intersection of Shrimp Road and Boatyard
Row.
Board granted approval to reject bids, and re -bid for Central Air Conditioning
Maintenance and Repair for the Upper Keys Facilities, and authorized execution of a Contract
Amendment to extend the Contract between Monroe County and Houston Air, Inc. on a month to
month basis until an award of bid can be completed.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Synagro Southeast Inc. for operation and maintenance of the wastewater
treatment plant at the Plantation Key Government Complex.
Board granted approval and authorized execution of a Consent to Assignment between
Monroe County, Irwin S. Morse, M.D. (assignor) and David & Linda Shield (assignee) d/b/a
Town Square Mall, Marathon, for the change of ownership.
Board granted approval to renew Contract between Monroe County and Robbies Safe
Harbor Marine Enterprises, Inc. on a month -to -month basis for beach cleaning, maintenance, and
beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Beach.
Board granted approval and authorized execution of Purchase/Service Order No.
03/04-39 between Monroe County and URS to update/revise the Key West International Airport
Certification Manual, to FAR 139 requirements.
Board granted approval and authorized execution of Purchase/Service Order No.
04/05-01 between Monroe County and URS for General Consultants Services for the Key West
International Airport, and the Florida Keys Marathon Airport.
Board granted approval to terminate the Lease Agreement with Sum Air Services, Inc.
d/b/a Paradise Air, Collins Aviation concerning lease of space in the Florida Keys Marathon
Airport Terminal.
Board granted approval to extend the Agreement between Monroe County and
Dean -Lopez Funeral Home to lease premises for use as Medical Examiner facilities on a
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month -to -month basis, effective October 1, 2004, at $850.00 per month, total of $10,200.00 per
year.
Board granted approval to extend the Agreement between Monroe County and Seven
Seas Funeral Home Cemetery and Cremation Services, Inc. to sub -lease premises for use as
Medical Examiner facilities on a month -to -month basis, effective October 1, 2004, at $800.00 per
month, total of $9,600.00 per year.
Board granted approval for the County Administrator to execute a grant application for
the 2004 Homeland Security Grant from Dialogic Communication Corporation (DCC) for an
emergency notification system.
Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Power & Light Company concerning Radiological Emergency Preparedness
for Fiscal Year 2005 and Fiscal Year 2006.
Board granted approval to waive purchasing policies and procedures and authorized
execution of a Professional Services Work Order between Monroe County and Industry and
Environmental Engineers to provide a revised Local Mitigation Strategy Plan (LMS), in the total
amount not to exceed $26,667.00.
Board granted approval to pay Invoice No. SLS/10088754, dated July 9, 2004, in the
amount of $170,104.00 to E-One, Inc., for refurbishing Tavernier Fire Department's 1988 E-One
95' Platform Truck, which is $19,408.00 over the original Agreement due to additional
unanticipated repair work necessary during refurbishing.
Board granted approval and authorized execution of a Contract Agreement Addendum
between Monroe County, acting as Board of Governors for MSTD6, and Medtronic
Physio-Control Corporation for the maintenance of biomedical equipment for an additional one
year period per original Contract of October 15, 2003, in the amount of $6,904.00.
Board granted approval to remove 5) Computers; 1) Device Remote Control Unit; 1)
Kentrox CSU/DSU modem; 1) Ramko Mixi input unit, and; 1) Fidel-ipac NAB Cartridge
Machine (9 units in total) from County inventory records.
Board adopted the following Resolutions concerning Transfer of Funds and Receipt of
Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 327-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 328-2004
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 329-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 330-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 331-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO.332-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO.333-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 279-2004 (OMB Schedule Item No. 8).
RESOLUTION NO.334-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 335-2004
Said Resolution is incorporated herein by reference.
Amending Resolution No. 323-2003 (OMB Schedule Item No. 10).
RESOLUTION NO. 336-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 337-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 338-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract between Monroe County
and Interisk Corporation to provide Risk Consultant Services for the Risk Management, Group
Insurance and Workers' Compensation programs for the County.
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Board granted approval to purchase Specific Excess Workers' Compensation Insurance
from Midwest Employers Casualty Company in the amount of $168,443.00 for FY 04/05 and a
Accidental Death & Dismemberment Policy in the amount of $2,822.00 included in the current
proposal given on 9/17/03 for 10/l/03-10/l/05.
Board granted approval to accept proposal from the Florida Municipal Insurance Trust
Agreement #386 at a premium of $255,510 to be paid in quarter installments of $85,170.
Board granted approval to accept renewal with VFIS to provide Portable Equipment and
Emergency Apparatus Insurance at a premium of $50,157 to be paid in four quarterly payments.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Acordia National for Third Party Administration Services effective October
1, 2004 through September 30, 2005.
Board granted approval and authorized execution of Amendment 2 to the Interim
Homeless Safe Zone Interlocal Agreement between Monroe County and the City of Key West,
increasing the safe zone premises by an estimated 3,556 square feet, contingent upon the City
providing suitable parking on Truman Annex during construction of the New Judicial Building.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Florida Keys Community College for the Remodel and
Improvement Project at the Tennessee Williams Theatre.
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Marathon for the Sombrero Beach
Swimming Area Buoys project to extend Agreement to April 1, 2005.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Exclusive Sports Marketing, Inc., covering the Publix Family
Fitness Weekend/Coca-Cola Triathlon Series.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Key West Art & Historical Society to extend Agreement for the
Custom House Repair project to March 31, 2005.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Grant of Conservation Easement
Agreement between Monroe County and Gerardo and Maria Rubio, Permit No. 02-3-3992, for
property described as Lots 1-4 & 15-18, Block 8, Pirates Cove, Monroe County, Florida, real
estate number 00493870-000000, 00493880-000000, 00493890-000000, 00493900-000000,
00494010-000000, 00494020-000000, 00494030-000000, and 00494040-000000.
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Board granted approval for one Intensity Reduction Restrictive Covenant Non -Residential
from James H. Waterman, Trustee, Permit No. 0330-1238, for property described as Lots 1, 2, 3,
4, 5, Block 1, Mandalay Subdivision, Key Largo and having the parcel identification numbers of
00554120.000000, 00554130.000000, 00554140.000000, 00554150.000000, and
00554160.000000.
Board granted approval to reimburse the City of Marathon using Boating Improvement
Funds for a Vessel -Be -Gone Days event that served to remove 29 derelict vessels and 12 boat
trailers, with a total cost of $6,519.40.
Board granted approval to reimburse the City of Marathon a portion of their cost for the
purchase of a pump -out vessel utilizing Boating Improvement Funds for use on the rough waters
surrounding the City outside of Boot Key Harbor, the total cost of the vessel was $43,446, the
City is requesting $20,000.00.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon to offset the costs of vessel waste pump -out within the
City limits.
Board granted approval and authorized execution of Amendment No. 01 to Agreement
No. C-12176 between Monroe County and South Florida Water Management District (SWFMD)
to provide funds for three stormwater improvement projects in Key West, Stock Island, and Big
Pine Key.
Board granted approval and authorized execution of Amendment 1 to Contract between
Monroe County and Ayrres & Associates for Bathymetric Surveys and Mapping for completion
of engineering survey work at three potential mooring field area locations.
Board granted approval and authorized execution of Contract No. AN082 between
Monroe County and the Florida Department of Transportation for funding the position of Monroe
County Bicycle -Pedestrian Planning Coordinator (formerly Bicycle -Pedestrian Planner).
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 18 September 2004.
RESOLUTION NO. 339-2004
Said Resolution is incorporated herein by reference.
Board granted approval for the transfer of one buildable lot from Roberto and Olga Cao
to Monroe County by Warranty Deed, Permit No. 02-2-5350, for property described as Lot 12,
Block 6, Palma Sola, Key Largo. The applicants are receiving a dwelling unit allocation award
for the year ending July 13, 2004, have filed the document in accordance with Ordinance No.
47-1999.
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Board granted approval to advertise an Ordinance creating Section 6-17(c), Monroe
County Code; Providing for an annually renewable blanket permit for the removal of invasive
exotic vegetation, available to not -for -profit conservation agencies as approved by the county
biologist; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code; and providing for an
effective date.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving an Amendment to the Interlocal
Agreement between Monroe County and the Monroe County Housing Authority which provides
specific functions and responsibilities relative to the administration of the Monroe County's SHIP
Program and provides for a consistent method of administrative funding.
RESOLUTION NO. 340-2004
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted approval of the following Fine & Forfeiture Expenditures:
02 Competency Evaluation, A. Louis Oconnor PHD, in the amount of $700.00; Care
Center for Mental Health, in the amount of $350.00; James W. Holbrook EDD, in the amount of
$700.00; The Counseling Associates, in the amount of $800.00. Court Interpreter, Alex Diaz, in
the amount of $35.00. Witness Coordination, Witness Payroll, in the amount of $160.00,
Witness Travel & Per Diem, in the amount of $5,557.48. Expert Witness, Det. Dillon Corr, in
the amount of $87.00; Psychological Service of St. Augustine, in the amount of $1,100.00;
Suncoast Neurpsychology Lab, in the amount of $5,200.00; University Medical & Forensic, in the
amount of $2,250.00. Court Appointed Attorney Fees - Conflict, Charles Milligan, in the
amount of $465.00; Christine Bryce, in the amount of $1,000.00; Erin Nevius, in the amount of
$562.50; Hilliard Moldof, in the amount of $2,011.64; Jason Smith, in the amount of $3,300.00;
Lisa Lesperance, in the amount of $350.00; Ryame Suarez, in the amount of $3,225.00; Roberta
Fine, in the amount of $776.25; Stephen Isherwood, in the amount of $818.75; Vernis & Bowling
of the FL Keys, in the amount of $1,500.00. Extraditions, Monroe County Sheriffs Dept., in the
amount of $1,144.01. Other Services Circuit, Patricia Docherty, in the amount of $331.70;
State of Florida, in the amount of $1,059.25. Miscellaneous Expenses, Bellsouth
Telecommunication, in the amount of $70.00; Michael Hunter, in the amount of $95.37; State of
Florida, in the amount of $787.21; Team Audio Inc., in the amount of $500.00.
Board granted approval of the following Warrants (103816-104477 & 207418-207500):
General Fund (001), in the amount of $861,584.85; Affordable Housing Project (100),
in the amount of $182.85; Fine & Forfeiture Fund (101), in the amount of $152,276.48; Road
and Bridge Fund (102), in the amount of $112,314.29; TDC District Two Penny (115), in the
amount of $68,591.72; TDC Admin. & Promo 2 Cent (116), in the amount of $58,369.81;
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TDC District 1, 3 Cent (117), in the amount of $89,223.19; TDC District 2, 3 Cent (118), in
the amount of $2,681.3.6; TDC District 3, 3 Cent (119), in the amount of $120,700.63; TDC
District 4, 3 Cent (120), in the amount of $2,609.58; TDC District 5, 3 Cent (121), in the
amount of $2,265.49; Gov. Fund Type Grants (125), in the amount of $74,925.56; Fire &
Amb Dist 1 L&M Keys (141), in the amount of $43,373.33; Upper Keys Health Care (144), in
the amount of $1,181.76; Fire & Amb Dist 6 Key Largo (146), in the amount of $11,354.40;
Uninc Svc Dist Parks & Rec (147), in the amount of $55,986.74; Plan, Build, Zoning (148), in
the amount of $68,057.31; Municipal Policing (149), in the amount of $17.45; 911
Enhancement Fee (150), in the amount of $44,346.03; Local Housing Assistance (153), in the
amount $1,295.00; Boating Improvement Fund (157), in the amount of $10,833.44; Misc.
Special Revenue Fund (158), in the amount of $10,229.86; Law Enforcement Trust (162), in
the amount of $59,412.99; Marathon Municipal Service (166), in the amount of $7.14; Key
Largo Wastewater MSTU (170), in the amount of $4.31; 1 Cent Infra Surtax (304), in the
amount of $1,412,547.81; Clerks Rev Note, Capital (306), in the amount of $243.62; 2003
Revenue Bonds (307), in the amount of $15.13; Card Sound Bridge (401), in the amount of
$526,271.65; Marathon Airport (403), in the amount of $35,780.48; Key West Intl. Airport
(404), in the amount of $1,085,386.44; MSD Solid Waste (414), in the amount of $12,918.71;
Worker's Compensation (501), in the amount of $27,546.52; Group Insurance Fund (502), in
the amount of $139,791.26; Risk Management Fund (503), in the amount of $71,696.41; Fleet
Management Fund (504), in the amount of $76,255.26.
Board granted approval of the following Tourist Development Council Expenditures for
the month of August 2004:
Advertising, in the amount of $46,348.22; Bricks & Mortar Projects, in the amount of
$47,382.48; Visitor Information Services, in the amount of $16,374.98; Events, in the amount
of $147,551.22; Office Supplies & Oper Costs, in the amount of $33,622.64; Public Relations,
in the amount of $23,627.78; Sales & Marketing, in the amount of $16,521.90; Telephone &
Utilities, in the amount of $3,540.85; Travel, in the amount of $9,117.71.
Board granted official approval of the Board of County Commissioners Minutes from the
Regular meetings of June 16 and July 14, 2004 and Special meetings of July 6, 20 & 23, 2004
(previously distributed).
COUNTY ADMINISTRATOR
Board granted approval of the appointment of William Kwalick to the Health Council of
South Florida Board of Directors, commencing on September 15, 2004 and expiring on June 30,
2006, replacing Ann Rhode who resigned.
Board granted approval to pay full and final payment to Colin Baenziger and Associates
for conducting a national search for a new County Administrator.
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COUNTY ATTORNEY
Board adopted the following Resolution requesting an amended Conservation Easement
be accepted by Monroe County Land Authority for two lots on Eastern Crawl Key.
RESOLUTION NO. 341-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Keys Electric Cooperative Association, Inc. to provide repair and replacement
services for certain outdoor lighting and traffic signals.
Board granted approval of a Settlement Agreement in David Tuttle, Peter Rosasco,
Harley Evans, and Shelley Pitman v. Monroe County, Case No. 04-CA-243-M.
Motion carried unanimously.
MANAGEMENT SERVICES
Mayor Pro Tem David P. Rice abstained from voting on the following item due to a
conflict of interest:
Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval and authorizing execution of a Contract Amendment between Monroe County
and Guidance Clinic of the Middle Keys to provide additional funds in the amount of $21,537.00
through the remainder of FY04 for Baker Act Transportation program, and adopted the following
Resolution concerning the transfer of funds from Fund 102 Reserve to cover the cost.
RESOLUTION NO. 342-2004
Said Resolution is incorporated herein by reference.
Motion carried unanimously, with Mayor Pro Tem Rice abstaining.
MISCELLANEOUS BULK APPROVALS
County Engineer Dave Koppel, addressed the Board. Motion was made by Commissioner
Spehar and seconded by Commissioner Neugent granting approval of the Receipt of monthly
report on Change Orders reviewed by the County Administrator. Motion carried unanimously.
STAFF REPORTS
Public Safety Report - Public Safety Director, Reggie Paros reported to the Board
concerning a Lease Agreement between the City of Marathon and Monroe County for
construction of a fire department on a parcel of property located at the Florida Keys Marathon
Airport; status of an Interlocal Agreement between the County and the City of Marathon
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concerning solid waste services; the outstanding solid waste debt owed to the County by the City
of Marathon in the amount of $541,000 - (Mayor Pro Tern Rice indicated that he had verbal
information that the City of Marathon approved payment to the County); and the Salvation
Army's difficulty in the recruiting of volunteers to staff the hurricane shelters.
Commissioner Neugent discussed businesses that remained opened after Monroe County
called for a mandatory hurricane evacuation and the discontinuing of garbage service during that
time.
Growth Management Report - Growth Management Director, Tim McGarry reported to
the Board concerning status of nutrient reduction credits; the Administrative Rule Challenge; and
Monroe County's Ordinance concerning clearing, filling and work done without a permit.
Airports Report - Monroe County Airports Director, Peter Horton reported to the Board
concerning FAA grants. Commissioner Neugent discussed the strapping around the plants and
vegetation planted at the Marathon Airport.
DIVISION OF GROWTH MANAGEMENT
The Board was provided with the written Growth Management Litigation Report from
Derek V. Howard, Esquire of the firm Morgan & Hendrick, dated September 14, 2004.
COMMISSIONERS' ITEMS
Mayor Pro Tern Rice discussed his item to explore whether there are any circumstances
under which the County would consider selling the Marathon Government Center (MGC)
building to the City of Marathon for use as a City Hall. This is brought to the Board for
discussion by request of a City Council member. No official action was taken.
Commissioner Neugent discussed his item for equitable support from the County of
Monroe of $14,000 to match an equal amount from foundations that support the legitimate
non-profit (501c3) Corporations that provide 24/7, 365 days a year, humane animal control &
support for year-round and migratory birds that inhabit the Florida Keys. The County
Administrator addressed the Board. This item was continued to the afternoon budget Public
Hearings.
Howard Gelbman addressed the Board concerning Conservation and Recreation Lands
(CARL), and the Key Largo wastewater site. Mr. McGarry addressed the Board.
STAFF REPORTS
Edie Causey discussed ROGO allocations. Mr. McGarry addressed the Board.
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COUNTY ADMINISTRATOR
James Roberts, County Administrator reported to the Board concerning status of the
proposed pet friendly shelters and the proposed contract with the International Association of Fire
Fighters.
COUNTY ATTORNEY
Assistant County Attorney Bob Shillinger addressed the Board. Motion was made by
Commissioner Spehar and seconded by Commissioner McCoy granting approval and authorizing
execution of a Settlement Agreement concerning the code enforcement lien against Scott &
Victoria Curry to settle a code enforcement lien imposed against their property. Roll call vote
was unammous.
SOUNDING BOARD
Steve Kurutz addressed the Board regarding assorted ROGO issues as those issues .
concern undeveloped/non-buildable/Tier 1 real estate parcels located in the Upper Keys. George
F. Wilson, representing Sunset Cove Property Owners Association addressed the Board. Mr.
McGarry also addressed the Board. No official action was taken.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent to reopen the agenda to add approval for the
County Attorney to settle an outstanding balance with TASA for expert witness services provided
in Monroe County v. Post Buckley in the amount of $25,000.00. Mr. Shillinger addressed the
Board. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
approve the item, per Staff recommendation. Motion carried unanimously.
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 Mayor Pro Tem Rice and seconded by Commissioner Neugent
granting approval and authorizing execution of a Contract Agreement Addendum between the
Board of Governors, Fire and Ambulance District 1 and Medtronic Physio-Control Corporation
for the maintenance of biomedical equipment for an additional one year period per original
Contract dated October 15, 2003, in the amount of $14,376.00. Motion carried unanimously.
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Motion was made by Commissioner Spehar and seconded by Mayor Pro Tern Rice
granting approval and authorizing execution of a Renewal Agreement between the Board of
Governors, Fire and Ambulance District 1 and Roy Khanna for maintenance of Fire Rescue
vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled
maintenance 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 meeting reconvened with all Commissioners present.
WASTEWATER ISSUES
Commissioner Neugent addressed the Board concerning the role and/or implied intent of
the direction of the Board of County Commission to the wastewater liaison person.
Commissioner McCoy discussed the item with the Board. The following individuals addressed
the Board: State Representative Ken Sorenson and Charles Brooks, representing the Key Largo
Wastewater Taxing District. No official action was taken.
COUNTY ADMINISTRATOR
Mr. Roberts discussed the request by various municipalities that the County consider new
sharing arrangements for gas taxes. The following individuals addressed the Board: Mayor Chris
Sante, representing the Village of Islamorada; Ron Levy, Mike Puto, Acting City of Marathon
Manager; County Engineer Dave Koppel; and Clerk of Court, Danny L. Kolhage. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
to table the item to the October 2004 meeting of the Board in Key West. Motion carried
unanimously.
Commissioner McCoy excused himself from the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance creating Section 2-3.2,
Monroe County Code, authorizing payment of the funds budgeted on behalf of the Clerk of
Court; providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date. There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was
unanimous, with Commissioner McCoy not present.
ORDINANCE NO. 030A-2004
Said Ordinance is incorporated herein by reference.
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Commissioner McCoy returned to the meeting and took his seat.
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A Public Hearing was held to consider adoption of an Ordinance amending Section 12.1,
Monroe County Code, and creating Section 12.1-34(a), Monroe County Code, exempting certain
affordable housing rentals from occupational license fees; 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 Spehar and seconded by Commissioner Neugent to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 031-2004
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance authorizing a lump sum
years of service award to certain eligible volunteer firefighters whom each have provided at least
ten (10) years of Fire, Rescue and Emergency Medical Services to the residents and visitors of
Monroe County and whom each have reached the age of sixty; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; and providing an effective date. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to
adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 032-2004
Said Ordinance is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Sheriff Richard D. Roth addressed the Board. Motion was made by Commissioner Spehar
and seconded by Commissioner McCoy to adopt the following Resolution in support for the
funding of a multi -year pay plan for Deputy Sheriffs and Corrections Officers employed by the
Monroe County Sheriffs Office. Roll call vote was unanimous.
RESOLUTION NO. 343-2004
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
Growth Management Director, Tim McGarry addressed the Board and requested the
following two (2) items be withdraw from the agenda:
A Public Hearing to repeal Ordinance No. 010-2004 (approved at the 4/21/2004 meeting)
due to a scrivener's error and to consider adoption of an Ordinance amending Sec. 9.5-122.3; Sec.
9.5-124.8; Sec. 9.5-266 of the Monroe County Land Development Regulations in order to grant
authority to the Growth Management Director and the County Attorney to approve restrictive
covenants and warranty deeds under ROGO/NROGO and affordable housing. Providing for
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repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and directing the Planning Director to forward a certified copy of
this Ordinance to the Florida Department of Community Affairs and providing an effective date.
A Public Hearing to repeal Ordinance No. 011A-2004 (approved at the 4/21/2004
meeting) due to a scrivener's error. Language contained in Ordinance No. 011A-2004 is also
found in Ordinance 010-2004 with the correct enumeration, once Ordinance No. 010-2004 is
replaced to correct a separate scrivener's error there will be no need to produce a replacement
Ordinance for Ordinance 011A-2004.
The above two Public Hearings were thereby withdrawn by the Board.
A Public Hearing was held to consider a Budget Amendment for Find 504/Fleet
Management Fund. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to approve the request. Motion carried unanimously.
RESOLUTION NO. 344-2004
Said Resolution is incorporated herein by reference.
BUDGET PUBLIC HEARINGS
The County Administrator made a presentation to the Board concerning the tentative
Fiscal Year 2005 Monroe County Budget.
Sal Zappulla, Budget Director announced the tentative millage rates for the Fiscal Year
2005 Monroe County Budget. Said 2005 millage sheet is incorporated herein by reference.
The Board accepted public input with the following individuals addressing the Board: Ted
Carter, Marsh Wolfe, representing the Care Center for Mental Health and the Guidance Clinic of
the Middle Keys; Keith Douglas, representing the Rural Health Network.
The Board discussed County Commission amendments to the Tentative Fiscal Year 2005
Monroe County Budget, as follows:
Motion was made by Commissioner Spehar to decrease funding in the medical services
category by $71,763 which is the amount awarded above the dollars requested and redirect the
funding to the existing applicants not awarded more than requested. Motion died for lack of a
second.
Motion was made by Mayor Pro Tern Rice and seconded by Commissioner Spehar to
increase the allocation to the Rural Health Network in the amount of $32,000. Roll call vote was
taken with the following results:
Commissioner Neugent No
Commissioner Spehar Yes
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Commissioner McCoy Yes
Mayor Pro Tern Rice Yes
Motion carried.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
approve the amount of $14,000 to the Big Pine and Lower Keys Wildbird Centers. Roll call vote
was taken with the following results:
Commissioner Neugent Yes
Commissioner Spehar Yes
Commissioner McCoy Yes
Mayor Pro Tern Rice No
Motion carried.
A Public Hearing was held to consider adoption of a Resolution establishing the final
Residential Solid Waste Collection, Disposal and Recycling Rates for Fiscal Year 2004-2005.
There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 345-2004
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution establishing the final per
month Solid Waste Collection, Disposal, and Recycling Service Rates for commercial property in
the various solid waste collection franchise areas for Fiscal Year 2004-2005. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO.346-2004
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
answering to roll call were Councilman John Cromartie, Commissioner George Neugent,
Commissioner Dixie Spehar, Mayor Pro Tern David P. Rice, and Chairman Kevin Madok.
There was no public input concerning the District 1 Tentative Fiscal Year 2005 Budget.
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I
I
There were no amendments made to the Board of Governors Tentative Fiscal Year 2005
Budgets.
Chairman Madok announced the District 1 amended roll -back millage rate, percent
increase over roll -back rate and final millage rate.
Motion was made by Commissioner Neugent and seconded by Mayor Pro Tern Rice to
adopt the following Resolution approving the final millage rates for Fiscal Year 2005. Roll call
vote was unanimous.
RESOLUTION NO. 347-2004
Said Resolution is incorporated herein by reference.
Motion was made by Mayor Pro Tern Rice and seconded by Commissioner Spehar to
adopt the following Resolution approving the final budget for Fiscal Year 2005. Roll call vote
was unanimous.
RESOLUTION NO.348-2004
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.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution approving the final millage rates for Fiscal Year 2005. Roll call
vote was unanimous.
RESOLUTION NO. 349-2004
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution approving the final budget for Fiscal Year 2005. Roll call vote
was unanimous.
RESOLUTION NO.350-2004
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
09/21/2004 2004/234
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
--Oa,(�-f'Q� &qOv1vti1-j
Isabel C. DeSantis, Efeputy Clerk