12/15/2004 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2004/283
Regular Meeting
Board of County Commissioners
Wednesday, December 15, 2004
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson,
Commissioner George Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also
present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins,
County Attorney; Thomas Willi, 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 Neugent
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for July 2004, to Kenneth Lohlein, Senior
Maintenance Technician, Florida Keys Marathon Airport, Public Safety Division.
Presentation and approval of Resolution recognizing exceptional efforts and service to the
citizens of Charlotte County, Florida by Monroe County Fire Rescue Task Force Team
performing emergency duty during the aftermath of Hurricane Charley.
RESOLUTION NO. 429-2004
Said Resolution is incorporated herein by reference.
BULK APPROVALS
Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting
approval of the following items by unanimous consent:
Board granted approval to rescind Amendment to Agreement between Monroe County
and Stand Up for Animals, Inc., increasing the hours and days of operation at the Big Pine Animal
Shelter, as approved on October 20,2004.
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Board granted approval and authorized execution of a Residential Lease for Law
Enforcement Officer between Monroe County and Deputy Maretta McNichol of the Monroe
County Sheriffs Office to continue residing in the modular home at Bernstein Park for an amount
of rent and utilities totaling $425.00 per month.
Board granted approval to terminate Lease between Monroe County and Deputy Craig D.
Sparrow, and granted approval and authorized execution of a Residential Lease for Law
Enforcement Officer between Monroe County and Deputy Edgar Pineiro to reside in the Stiglitz
house located at Watson Field, Big Pine Key, using the rate structure of$425.00 per month.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Indian Waterways Village LLP on a month to month basis for the Upper
Keys Public Defender.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Miller Mechanical, Inc. for the central air conditioning maintenance and
repair for the Upper Keys Facilities.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Miller Mechanical, Inc. for the central air conditioning maintenance and repair for the
Middle Keys facilities.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval and authorized execution of Change Order NO.1 between
Monroe County and H & R Paving, Inc. for the Card Sound Road Improvements Project.
Board granted approval of an increase of hourly workers' compensation attorney's fees
from $105.00 to $115.00 for the firm of Kelley, Kronenberg, Gilmartin, Fichtel and Wander, P.A.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the Monroe County Sheriffs Office for the Teen Court Funding.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County, the Monroe County and Legal Services of Greater Miami, Inc. d/b/a Legal
Services of the Florida Keys for legal aid funding.
Board granted approval of the Substance Abuse Policy Advisory Board (SAPAB)
regarding the use of Local Law Enforcement Block Grant (LLEBG) funds, and authorization for
the Grants Administrator to accept the grant online and complete online request for drawdown of
funds in accordance with U. S. Department of Justice Bureau of Justice Assistance procedure, and
adopted the following Resolution concerning the Receipt of Unanticipated Funds (to set up
budget) .
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RESOLUTION NO. 430-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Financial Agreement for Local
Match Fiscal Year 2004-2005 between Monroe County and the Florida Healthy Kids Corporation
"FHKC" whereby Monroe County provides match for Healthy Kids Program.
Board granted approval to accept renewal with Arthur 1. Gallagher to provide Airport
Errors & Omissions Insurance at an annual premium of$19,789.
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. 431-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 432-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 433-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 434-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.5).
RESOLUTION NO. 435-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 436-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 437-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 438-2004
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No.9).
RESOLUTION NO. 439-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 440-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 441-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 442-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 443-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 444-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 445-2004
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 446-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 447-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 448-2004
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 449-2004
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 450-2004
Said Resolution is incorporated herein by reference.
Board granted approval to purchase one Pierce Custom Saber Pumper for Conch Key Fire
Station, through "piggy-backing" bid 99-150 of Lake County, Florida at a purchase price of
$328,261.00, plus a 5% contingency amount of$16,413.00 to cover any changes during
construction/manufacturing process, and approval to issue a Purchase Order to Pierce
Manufacturing, Inc. for same.
Board granted approval and authorized execution of a State-Funded Subgrant Agreement,
Contract No. 05CP-11-11-54-01-000, between Monroe County and the Department of
Community Affairs concerning the Hazardous Material Plan.
Board adopted the following Resolution adopting the National Incident Management
System.
RESOLUTION NO. 451-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Florida Keys Funeral Services, LLC to lease premises for use as Medical Examiner
facilities for a term of 18 months, commencing on the date the premises are ready for occupancy,
and approval to transfer additional funds from General Revenue Fund Reserves into the Medical
Examiner's operating budget to fund the unanticipated costs, estimated in the amount of$10,000.
Board granted approval of award of bid and authorized execution of a Contract for
Janitorial Services between Monroe County and Birds of Paradise Cleaning Service at the Florida
Keys Marathon Airport effective January 1, 2005, in the total amount of$13,000.00.
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and Sanctuary Friends of the Florida Keys, Inc. to lease space at the Florida Keys
Marathon Airport on a month-to-month basis, effective January 1, 2005, contingent upon meeting
all county requirements.
Board granted approval and authorized execution of a Professional Service Agreement
between Monroe County and The Boyd Group/ASRC, Inc., to recruit Commercial Air Service to
the Florida Keys Marathon Airport.
Board granted approval of award of bid to Ameriseal Northeast Florida, Inc., for the Seal
Coat, Marking, TW A-9 rehab, and Environmental Mitigation Project at the Key West
International Airport.
Board granted approval and authorized execution of Amendment NO.1 to Grant
Agreement for Project No. 3-12-0037-024-2004 between Monroe County and the United States
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of America Federal Aviation Administration revising the scope of work at the Key West
International Airport.
Board granted approval of an application for Federal Assistance between Monroe County
and the Federal Transit Administration for Financial Assistance to purchase two transportation
buses and authorized the Mayor to sign the Grant Application, other application documents and
adopted the following Resolution for same.
RESOLUTION NO. 452-2004
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the Home and Community Based
Services Aged and Disabled Adult (ADA) Medicaid Waiver Referral Agreement between Monroe
County and the Alliance for Aging, Inc. to enable respite clients to remain in the Aged and
Disabled Adult (ADA) Waiver program.
Board granted approval of the document titled Monroe County Public Library Annual
Plan of Service 2005, submitted by Norma Kula, Director of Libraries dated November 23,
2004.
Board granted approval and authorized execution of the Older Americans Act Standard
Fixed Rate Agreement 2005, Agreement No. AA-529 (01/01/05 - 12/31/05) between the Alliance
for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe
County Board of County Commissioners/Monroe County Social Services.
Board granted approval and authorized execution of an Agreement for Disposal of
Remains between Monroe County and Florida Keys Funeral Services LLC for the disposal of
remains, and termination of the existing Contracts with Kraeer Holdings, Inc. d/b/a Key West
Mortuary, Dean-Lopez Funeral Home and Seven Seas Funeral Home, Cemetery and Cremation
Services, Inc. referring to the Agreement for disposal of remains.
Board granted approval of a request to use $9,000 from the Florida Keys Council for
People with Disabilities (FKCFPWD) fund for Handicapped Parking Fines for ADA Education
and Awareness Programs in Monroe County and authorized execution of a Professional Services
Agreement between Monroe County and Brennan Consulting, Inc. for the FKCFPWD to hold an
ADA Seminar on January 5,2005, to be held at the Cheeca Lodge, Islamorada at a cost of
$4,750.00.
Board granted approval to remove surplus equipment from inventory via advertising for
bid, disposal and transfer. Said list is incorporated herein by reference.
Board granted approval to renew with The Hartford Life Insurance for our Group Life
and Accidental Death & Dismemberment Program, October 1, 2004 through September 30,2005.
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TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Tourist Development Association, Inc. covering Chicken
Fest Key West on June 16-19, 2005 in an amount not to exceed $33,000, FY 2005 DAC I and
DAC II Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Islamorada Chamber of Commerce covering the Columbus Day
10K Getaway on October 8, 2005 in an amount not to exceed $5,000, DAC IV, FY 2005 Event
Resources.
Board granted approval to waive policies and bid process and authorized execution of a
Contract for Multilingual Tourist Assistance Agreement between Monroe County and Ameurop
Travel Service who is the only entity that provides multilingual tourist assistance on a 24 hours, 7
days a week, 265 days a year. Ameurop Travel Service provides live assistance through to
1-800-771-KEYS and provides a monthly detailed report.
Board granted approval to rescind the Agreement with Key West Playwrights Company
for the production of Key West Playwrights Company between December 2004 and March 2005
in the amount of$6,918.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Hog's Breath Saloon of Key West, Inc. covering the Key West
Songwriter's Festival on May 11-15,2005 in an amount not to exceed $20,000, DAC I, FY 2005,
Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Key West Restaurant and Bar Association, Inc. covering the
Key West Summer Food and Wine Festival on July 29-August 7,2005 in an amount not to
exceed $20,000, DAC I, FY 2005 Event Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Daniel Gore to change date of the 2nd Annual John Muscarello
Kingfish Tournament from January 15-17, 2005 to January 14-16,2005.
Board granted approval to waive policies and bid process and authorized execution of a
Local Market Report Agreement between Monroe County and Smith Travel Research, Inc. who
is the only entity that provides local reporting specific to Monroe County accommodations and
provides reports pertaining to occupancy and daily average rates on a weekly, monthly and annual
basis to the Monroe County Tourist Development Council. Smith Travel Research also provides
national data. The information is provided to the accommodations industry in Monroe County
and provides the basis for analytical data base information utilized by the Monroe County Tourist
Development Council.
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Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Upper Keys Rotary Foundation, Inc. covering the 10th Annual
Gigantic Nautical Flea Market on February 25-27,2005 in an amount not to exceed $10,000,
DAC IV, FY 2005 Third Penny Event Resources.
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Upper Keys Community Pool, Inc. covering the Orange Bowl
Swimming Event and Winter Training during December 2005 in an amount not to exceed
$30,000, DAC V, FY 2005 Event Resources.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the $15,000.00 Bond for Sheriff Richard D. Roth.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Rene & Fradys Castillo for Lots 4, 5, 6 & 7, Block 1, Lazy Lagoon
Subdivision, Key Largo, PB 2 pg 126 Monroe County Records, real estate numbers
00496550-000000, 00496560-000000, 00496570-000000 and 00496580-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and David Contreras for Lots 20,21 & 1/2 of22, Block 14, Anglers
Park, Monroe County, Florida, PBl pg, 159, real estate number 00553570-0000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Gilberto and Miriam Contreras for Lots 1/2 of22, 23 and 24, Block
14, Anglers Park, Monroe County, Florida, PBl pg. 159, real estate number 00553600-000000.
Board granted approval to waive the requirement of a "Hold Harmless Agreement" for the
National Marine Sanctuary Program during its use of the Marathon Emergency Operation Center
(EOC), for the specific purposes of using the EOC in two staged emergency drills responding to
the potential of a ship grounding with a consequent oil spill and the general purpose of using any
County Facilities for meetings.
Board granted approval to waive Purchasing Policies and Procedures and authorized
execution of a Contract for Services between Monroe County and Spirit Marine Towing &
Assistance for the emergency removal of the Kimilu, a 66' wooden shrimp boat, costing a total of
$49,800.
Board granted approval for one Lot Aggregation Restrictive Covenant from Gary A. &
Deborah Hill Cherubini to have one dwelling unit on contiguous lots, Permit No. 99-3-0693, for
property described as Lots 4 & 5, Block 10, Anglers Park, Key Largo. The applicants are
receiving one dwelling unit allocation award for the year ending July 13, 2005, have filed the
document in accordance with Ordinance No. 47-1999.
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Board granted approval for a Monroe County Planning Department Affordable Housing
Deed Restriction for one dwelling unit from Joseph Oliveros, Permit No. 04-3-0455, for property
described as Lot 7, Block 13, Largo Gardens, Key Largo. The applicant is receiving a dwelling
unit allocation award for the year ending July 13, 2005, has filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and RMPK to complete the Florida Keys Scenic Highway
Interpretive/Master Plan.
Board granted approval of recommendations from the Selection Committee to select
Aquatic Vegetation Control, Inc. to provide professional services to manage removal of exotic
plant species in the Florida Keys Scenic Highway Corridor and directing staff to enter into
Contract negotiations with this firm; if 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 for one Intensity Reduction Restrictive Covenant Non-Residential
from WF Enterprises LLC for floor area intensity reduction, Permit No. 03014268 on a property
described as 256627 SugarloafKey Pt of Government Lot 5, AKA Block 1, Lot 4, Sugarloaf
Acres, and having the parcel identification number of 00 11 7510.000400.
Board granted approval and authorized execution of the Clean Vessel Act Grant Program,
Project Agreement No: LE567, for CV A 04-418, between Monroe County and the Florida
Department of Environmental Protection providing 75 percent funding (up to $50,000) for the
purchase of a pump-out vessel.
Board granted approval for one Restrictive Covenant from James C. Carson, Trustee to
have one dwelling unit on contiguous lots described as Lots 5, 6, 7, 13, & 14 Block 8 Pirates
Cove, Key Largo.
W ASTEW A TER ISSUES
Board granted approval to reaffirm Loan Agreement with Key Largo Wastewater
Treatment District.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Spehar's appointment of Donald E. Yates to the Human
Services Advisory Board, to fulfill the term of Kirk Bondurant, with a term commencing on
December 15,2004 and ending November 1, 2005.
Mayor Spehar announced that an invitation has been extended to the Board to attend the
Annual Joint Meeting of the Library BoardlFriends of Library Groups, to take place in the BOCC
room of the Marathon Government Center. The meeting is scheduled for March 22,2005, at
10:30 a.m.
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Board adopted the following Resolution supporting the Second Judicial Circuit Court's
opinion to place the burden of funding Juvenile Detention on the state; urging the Monroe
Legislative Delegation to oppose legislation that amends, modifies or changes the state obligation
for payment for juvenile detainees; urging the Governor to oppose and, if necessary, veto any
such legislation; providing for transmittal of copies of the Resolution; providing an effective date.
RESOLUTION NO. 453-2004
Said Resolution is incorporated herein by reference.
Board granted approval of Mayor Spehar's appointment of Ben Iannotta to the Marine and
Port Advisory Board to fulfill the term of Nancy Klingener from December 15, 2004 to April 18,
2007.
Board granted approval of Commissioner Rice's reappointments to the Older American
Advisory Board of Dr. Robert Williams and Mr. Theodore Nelson, with terms expiring January 1,
2008.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Peter O. Dalton for office space for Commissioner Murray Nelson.
Board granted approval of the $2,000.00 Bond for Commissioner Charles "Sonny"
McCoy.
COUNTY CLERK
Board granted approval of the following Warrants (106533-106799 & 207715-207739):
General Fund (001), in the amount of$I,483,919.28; Fine & Forfeiture Fund (101), in
the amount of$23,020.97; Road and Bridge Fund (102), in the amount of $65,268.49; TDC
District Two Penny (115), in the amount of$235,418.74; TDC Admin. & Promo 2 Cent
(116), in the amount of $82,385.25; TDC District 1,3 Cent (117), in the amount of
$182,457.24; TDC District 2, 3 Cent (118), in the amount of$8,049.64; TDC District 3, 3
Cent (119), in the amount of$56,825.54; TDC District 4, 3 Cent (120), in the amount of
$2,034.89; TDC District 5, 3 Cent (121), in the amount of$8,276.69; Gov. Fund Type Grants
(125), in the amount of$178,943.59; Impact Fees Solid Waste (133), in the amount of
$45,409.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$146,192.13; Upper Keys
Health Care (144), in the amount of$9,195.37; Fire & Amb Dist 6 Key Largo (146), in the
amount of$47,614.02; Uninc Svc Dist Parks & Rec (147), in the amount of$24,520.64; Plan,
Build, Zoning (148), in the amount of$75,095.64; Municipal Policing (149), in the amount of
$216,449.82; 911 Enhancement Fee (150), in the amount of$38,684.16; Duck Key Security
(152), in the amount of $272.09; Local Housing Assistance (153), in the amount $59,742.65;
Boating Improvement Fund (157), in the amount of$50,355.16; Misc. Special Revenue Fund
(158), in the amount of$1O,030.1O; FL Keys Marine Marathon (159), in the amount of
$99,860.59; Law Enforcement Trust (162), in the amount of$5,530.00; Marathon Municipal
Service (166), in the amount of$3,467.71; Conch Key Wastewater MSTU (167), in the
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amount of$9.55; Bay Point Wastewater MSTU (168), in the amount of$144.66; Key Largo
Wastewater MSTU (170), in the amount of$2,869.88; 1 Cent Infra Surtax (304), in the
amount of$127,761.44; 2003 Revenue Bonds (307), in the amount of$8,200.00; Card Sound
Bridge (401), in the amount of $727,497.28; Marathon Airport (403), in the amount of
$43,905.22; Key West Inti. Airport (404), in the amount of$841,664.01; MSD Solid Waste
(414), in the amount of$I,113,728.30; Worker's Compensation (501), in the amount of
$2,588.89; Group Insurance Fund (502), in the amount of$177,694.86; Risk Management
Fund (503), in the amount of$9,360.95; Fleet Management Fund (504), in the amount of
$147,223.07; Fire & EMS LOSAP Trust Fund (610), in the amount of $4,200.00.
Board granted approval of the following Tourist Development Council Expenditures for
the month of November 2004:
Advertising, in the amount of$67,381.48; Bricks & Mortar Projects, in the amount of
$157,982.71; Visitor Information Services, in the amount of$42,833.32; Events, in the amount
of$13,776.67; Office Supplies & Oper Costs, in the amount of$46,097.50; Public Relations,
in the amount of$132,161.46; Sales & Marketing, in the amount of$34,532.19; Telephone &
Utilities, in the amount of$15,412.63; Travel, in the amount of$18,824.89.
Board granted official approval of the Board of County Commissioners Minutes from the
Regular meeting of October 20, 2004 (previously distributed).
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of a Consulting Agreement between
Monroe County and Commonwealth Consulting Corporation for continuing consulting services.
Commonwealth Consulting has worked for the County for nine years and has provided support
and lobbying efforts for water quality improvements, commissioner visits to Washington, DC,
FEMA issues, etc.
Board granted approval of the $2,000.00 Bond for Joan Lord Papy, Mosquito Control.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Settlement Agreement in a code
enforcement lien against Marcos A. Caso in the amount of$2,320.00 for case number
CE03050192,
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
An Announcement was made of a vacant position on the Tourist Development Council
District III Advisory Committee for an "At Large" appointment.
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Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
approving Jerry Gaddis as an "At Large" appointment to the Tourist Development Council
District V Advisory Committee. Motion carried unanimously.
STAFF REPORTS
Public Works Report - Public Works Director, Dent Pierce updated the Board concerning
status of the dog park at Higgs Beach. County Engineer, Dave Koppel reported to the Board
concerning the Duck Key drainage project; construction of a walkway, landscaping, and lighting
within the commercial area on Duck Key Drive; status of the Crawl Key Medical Examiner's
Building and Conch Key Fire Station; and efforts with the City of Key Colony Beach concerning
an interlocal agreement for replacement of the bridge deck.
TOURIST DEVELOPMENT COUNCIL
Lee Mills, representing the Marathon Offshore Grand Prix; Harold Wheeler, Director of
the Tourist Development Council; Richard Collins, County Attorney; and Danny Kolhage, County
Clerk addressed the Board concerning a Turn Key Agreement with the Key West Investment
Syndicate, Inc. covering the Marathon Offshore Grand Prix on May 13-15,2005 in an amount not
to exceed $134,700, DAC III, FY 2005 Third Penny Event Resources. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Neugent to refer this matter
back to the Tourist Development Council to review the merit of a policy change concerning turn
key projects. Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval to issue and authorizing the Mayor to execute an Amended Conservation
Easement on Crawl Key, easement to be granted to the Land Authority. Motion carried
unanimously.
SOUNDING BOARD
Attorney Lee R. Rohe, Ed Handte, and Assistant County Attorney Pedro Mercado
addressed the Board concerning the Code Enforcement violations. No official action was taken.
GROWTH MANAGEMENT
The Board accepted the written Growth Management Litigation Report from the Law
Offices of Morgan & Hendrick prepared by Derek V. Howard, Esquire, dated December 10,
2004.
STAFF REPORTS
Growth Management Report - Growth Management Director, Tim McGarry discussed a
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Memorandum of Understanding concerning cesspit credits. Mr. McGarry also discussed the Rule
Challenge Hearing. Assistant County Attorney, Bob Shillinger addressed the Board.
SOUNDING BOARD
John Hammerstrom, representing the Tavernier Community Association addressed the
Board concerning the Livable CommuniKeys Master Plan. No official action was taken.
GROWTH MANAGEMENT
Burke Cannon, representing the Island of Key Largo Federation of Home Owner's
Association addressed the Board concerning the County's position regarding the first right of
refusal for Florida Department of Transportation Surplus Property located at approximately Mile
Marker 102.8, Bayside "Sundiver Station" Dive Shop. Mr. McGarry addressed the Board.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item directing the County Administrator to create a
fund from fines of overdue books to augment the Library budget for special projects. Motion was
made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of the
item. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator Tom Willi discussed the constitutional gas tax item which was
deleted from today's agenda; making the county's web site more interactive; creation of an internal
tracking program to assist in tracking county projects; and the installation of new technology to
make it easier for the public to gain access to county records.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval to Request direction (negotiate lease modification, deny request, etc.) as to
processing the request to annex the area adjacent to the Bayview Inn and Marina on Conch Key,
to the existing leased area into tenant's leasehold. Motion carried unanimously.
Assistant County Attorney Bob Shillinger distributed the written December, 2004 CAY
litigation report, Mr. Shillinger discussed the Brian Evans litigation whereby the county was
successful in obtaining a judgment against Mr. Evans. Motion was made by Commissioner
Nelson and seconded by Commissioner McCoy authorizing the County Attorney to refer this
matter to a collection agency. Motion carried unanimously.
W ASTEW A TER ISSUES
Commissioner McCoy, the Board's liaison (point person) for wastewater issues, updated
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the Board regarding URS Corporation's report of the South Stock Island Wastewater Project.
Commissioner McCoy also discussed wastewater plants located on U. S. 1.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
reopen today's agenda in order to add the following item to today's agenda:
An emergency Ordinance creating the Stock Island Municipal Service Taxing Unit, the
Summerland - Cudjoe - Upper SugarloafMunicipal Service Taxing Unit, the Big Pine Municipal
Service Taxing Unit, the Conch Key - Duck Key Municipal Service Taxing Unit, and the Long
Key - Layton Municipal Service Taxing Unit; Providing for legislative findings; Declaring an
emergency; Describing the boundaries of each taxing unit; Authorizing the levy of ad valorem
taxes at rates not greater that 0.70 mil within each taxing unit; Authorizing the use of such ad
valorem tax revenue for specific enumerated purposes; and providing an effective date.
Motion carried unanimously.
MISCELLANEOUS
Commissioner Neugent and the Board discussed loss of public access to waterfront
properties and its impacts due to rezoning. Commissioner Neugent indicated that Rich Jones of
the Marine Resources Department will bring forth a report on this matter at next month's meeting.
Mr. Willi addressed the Board.
PUBLIC WORKS
Gary L. Donn, P.E. District Director of Planning & Public Transportation made a
presentation before the Board of the Florida Department of Transportation's Tentative Five-Year
Work Program for Fiscal Year 2006 through 2010. The Board provided Mr. Donn certain
requests. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy
granting approval of the work program as proposed. Motion carried unanimously.
WASTEWATER ISSUES
George Nickerson, of the firm Nabors, Giblin & Nickerson addressed the Board. Motion
was made by Commissioner Neugent and seconded by Commissioner Rice declaring that an
emergency exists and waiving notice by a four-fifths vote concerning the adoption of the
following Ordinance for the creation of the Stock Island Municipal Service Taxing Unit, the
Summerland - Cudjoe - Upper SugarloafMunicipal Service Taxing Unit, the Big Pine Municipal
Service Taxing Unit, the Conch Key - Duck Key Municipal Service Taxing Unit, and the Long
Key - Layton Municipal Service Taxing Unit; Providing for legislative findings; Declaring an
emergency; Describing the boundaries of each taxing unit; Authorizing the levy of ad valorem
taxes at rates not greater that 0.70 mil within each taxing unit; Authorizing the use of such ad
valorem tax revenue for specific enumerated purposes; and Providing an effective date. Motion
carried unanimously.
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ORDINANCE NO. 038-2004
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
The following individuals addressed the Board regarding the proposed sale of the Stock
Island Public Service Building property: Ed Fussell, representing the Florida Keys Mosquito
Control District; Phillip Hughes, representing U. S. Fish & Wildlife Service; Stuart L. Pimm,
representing Duke University; Wes Brooks, Rachel Greiner, and Carolann Sharkey, representing
the Key West Botanical Garden Society. The Clerk advised the Board that Congresswoman
Ileana Ros-Lehtinen had submitted a written letter for the record. The Board proceeded to
discuss the item. Public Works Director Dent Pierce, Airports Director Peter Horton, and County
Administrator Tom Willi addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Nelson requesting the County Administrator
to proceed with negotiations keeping the option for full purchase as requested by the Botanical
Gardens or a reasonable division of the property to meet multiple needs. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance establishing the Office of
County Attorney; Providing for the qualifications and duties of the County Attorney and Assistant
County Attorneys; 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
Rice and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 039-2004
Said Ordinance is incorporated herein by reference.
Commissioner Nelson excused himself from the remainder of the meeting.
A Public Hearing was held to consider adoption of a Resolution approving a Beneficial
Use Determination Recommended Order upon the application of Richard and Joyce Farmer. The
Board accepted public input with the following individual addressing the Board: Attorney Frank
Greenman, representing Richard and Joyce Farmer. Motion was made by Commissioner Neugent
and seconded by Commissioner Rice to adopt the following Resolution, per staff
recommendation. Motion carried unanimously, with Commissioner Nelson not present.
RESOLUTION NO. 454-2004
Said Resolution is incorporated herein by reference.
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GROWTH MANAGEMENT
Growth Management Director, Tim McGarry and Planning Director, Marlene Conaway
briefed the Board prior to the Public Hearings of amendments to the Monroe County Land
Development Regulations and the 2010 Comprehensive Plan to implement Goal 105, (the Tier
System) Rule 28-20.100 F.A.C. and the Florida Keys Carrying Capacity Study. Motion was
made Commissioner McCoy and seconded by Commissioner Rice to conduct three (3) Public
Hearings - December, January and February for agenda items R1-R7. Motion carried
unanimously, with Commissioner Nelson not present.
PUBLIC HEARINGS
The Clerk read into the record Public Hearing items R1 through R6. These items were
heard together as a package, since the amendments are interrelated, as follows:
A Public Hearing to consider a Resolution transmitting to the Department of Community
Affairs the request filed by the Planning and Environmental Resources Department amending the
Year 2010 Comprehensive Plan to delete requirements for an HEI, revise the open space, land
acquisition, management and GIS mapping requirement to implement Goal 105 of the 2010
Comprehensive Plan and the Tier System.
A Public Hearing to consider a Resolution transmitting to the Department of Community
Affairs the request filed by the Planning and Environmental Resources Department to amend the
Monroe County 2010 Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and
the Non-residential Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis
for the competitive point system; deleting, revising and adding policies, objectives and
requirements for the implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier
Overlay District.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to amend Environmental Regulations by deleting Sections
9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-339.2, 9.5-339.3, 9.5-340, 9.5-341, 9.5-342,
and 9.5-343 to eliminate requirements pertaining to the existing conditions map and habitat
evaluation index; creating new Section 9.5-336 to require an existing conditions report, including
vegetative survey as part of development approval; creating new Section 9.5-337 to enhance
protection of upland vegetation through grant of conservation easements; creating new Section
9.5-338 that incorporates existing open space requirements for wetlands; revising Section 9.5-347
to provide for maximum clearing limits of native upland vegetation based upon the tier system
designation of the subject property; providing for repeal of all Ordinances inconsistent herewith;
providing for incorporation in the Monroe County Code of Ordinances; directing the Planning and
Environmental Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the
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Tier Overlay System by revising Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through
9.5-140 (Rate of Growth Ordinance(ROGO)) and revising Section 9.5-266 (Affordable and
Employee Housing); providing evaluation criteria, point system, and procedures utilizing the Tier
Overlay as the basis for the ROGO System; providing special evaluation criteria, point system,
and procedures for Big Pine and No Name Key based on Habitat Conservation Plan and Master
Plan for Big Pine and No Name Key; creating an appeal process for NROGO limiting Affordable
Housing Allocations to Tier II and III Areas; providing the authority to the Board of County
Commissioners to require a 99 year restrictive covenant for certain classes of Affordable and
Employee Housing; providing authority for an eligible governmental or non-governmental entity
to administer eligibility and compliance requirements of affordable housing regulations on behalf
of the Planning and Environmental Resources Department; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances;
directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the
Tier Overlay System by renumbering existing Section 9.5-256 to 9.5-271; creating a new Section
9.5-256 Tier Overlay District; providing criteria for designation of Tier Boundaries; providing a
mechanism for Tier Overlay District Map amendments; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances;
directing the Planning and Environmental Resources Department to transmit a copy of the
Ordinance to the Florida Department of Community Affairs; and providing for an effective date.
A Public Hearing to consider an Ordinance adopting amendments to the Monroe County
Land Development Regulations to revise Sections 9.5-124 through 9.5-124.8 Non-Residential
Rate of Growth Ordinance (NROGO) of the Monroe County Land Development Regulations
utilizing the Tier Overlay as the basis for the Competitive Point System; providing for repeal of all
Ordinances inconsistent herewith; providing for incorporation in the Monroe County Code of
Ordinances; directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and providing for an effective
date.
The Board then accepted public input on the above items with the following individuals
addressing the Board: Lloyd A. Good, Jr., George Wilson, H. T. Pontin, Sandy Walters, Chris
Bergh, representing The Nature Conservancy; and Phillip Frank, representing U. S. Fish &
Wildlife Service.
Commissioner McCoy excused himself from the remainder of the meeting.
A Public Hearing to consider an Ordinance adopting an amendment to the Monroe County
Land Use District Map to include a Tier Overlay Map District designation on all land in
unincorporated Monroe County in the Florida Keys between Key West and Ocean Reef and
designating boundaries for Tier I, Tier II and Tier III as required in Goal 105 of the 2010
Comprehensive Plan pursuant to the criteria in Section 9.5-256; providing for repeal of all
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Ordinances inconsistent herewith; directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and providing for an effective date. The Board accepted public input with the following
individuals addressing the Board: Danielle Rogers, of Sandra Walters Consultants, Inc.; Sandy
Walters, and George Wilson. Mr. McGarry addressed the Board. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Neugent to advertise a deadline of
April 30, 2005, as an opportunity for property owners who are not satisfied with the Tier II or III
designation of their property on the draft Tier Overlay District Map, to request a change in the
designation. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson
not present.
A Public Hearing to consider adoption of an Ordinance repealing Ordinance 19-2004 and
amending Sections 9.5-119 and 9.5-346, Monroe County Code; revising requirements for
restoration of lands clearing without benefit of permit or beyond scope of a permit; deleting
transplantation requirements and substituting with requirements for payment into the Monroe
County Environmental Land Management and Restoration Fund; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; providing for severability; and providing for an effective date. There was no public
input. Mr. McGarry addressed the Board. Motion was made by Commissioner Rice and
seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried
unanimously, with Commissioner McCoy and Commissioner Nelson not present.
ORDINANCE NO. 040-2004
Said Ordinance is incorporated herein by reference.
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
~ ak.f c. !JvJf~
Isabel C. DeSantis, Deputy Clerk