02/16/2005 Regular
2005/23
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 16, 2005
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., at the Key Largo Library. Present and answering to roll call were Commissioner
Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. 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 McCoy and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation proclaiming the month of March, 2005 as Seagrass
Awareness Month.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Claude Celin, Maintenance Mechanic, Card Sound Toll Authority, Public Works Division.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Dennis Harbaugh, Supervisor, Roads Department, Public Works Division.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval to issue a purchase order to American Lafrance MedicMaster in
the amount of$150,449.65 for the purchase of one 2005 Sterling Type I Ambulance by
piggy-backing the Florida Sheriffs Association and Florida Association of Counties
vehicle/equipment bid Contract (04-05-0824) Specification #02.
2005/5
2005/24
Board granted approval and authorized execution of a Contract between Monroe County
and Smith Industries, Inc. d/b/a Smith Fence Company, for the Security Fence Project at the Key
West International Airport.
Board granted approval to purchase one (1) new crew cab stake body dump truck from
Garber Ford Mercury, Inc. in the total amount of$39,262.00.
Board granted approval to award Fuel Contract to low bidder Dion Oil Co., and
authorized execution of a Contract between Monroe County and Dion Oil Co., LLC as Diesel
Fuel & Unleaded Gasoline Supplier.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal
Shelter in the amount of$231,652.32 per year.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Barnes' Alarm Systems, Inc. for fire alarm system certification, maintenance,
and monitoring, and to include the Monroe County Sheriff's Office Aviation Hangar in the
contract specifications.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Culver's Cleaning Company for restroom janitorial services, including the opening and
lock up, at Veterans Memorial Park.
Board granted approval of the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to add another PRI (Primary Rate Interface) to existing BellSouth
Contract #BBMA Agreement No. FL03-F871-00. This is to provide additional central office
trunking to the Plantation Key Government Center. This is for the new Roth Building (Public
Defender, Clerk of Court, Sheriff and additional service to existing system). This service will be
split with the Monroe County Sheriff Department. This contract is for 3 years and 2 months.
Board granted approval to upgrade service on existing frame relay contract. All frame
relay with a speed of 128kbps-(Fractional T -1) to be upgraded to a speed of 1.536 mbps (Full
T-l). BellSouth Contract #BBMA Agreement No. FL03-F871-00. This contract is for 3 years
with no additional price increase.
Board granted approval to install Auto Attendant to the Monroe County Switchboard.
This will help in routing of calls to the appropriate departments and alleviate the load of calls to
the Switchboard operators.
Board adopted the following Resolutions concerning Transfer of Funds and Receipt of
Unanticipated Revenue:
Amending Resolution No. 451-2003 (OMB Schedule Item No.1).
RESOLUTION NO. 024-2005
Said Resolution is incorporated herein by reference.
Amending Resolution No. 190-2004 (OMB Schedule Item No, 2).
RESOLUTION NO. 025-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.3).
RESOLUTION NO. 026-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.4).
RESOLUTION NO. 027-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB ' Schedule Item No.5).
RESOLUTION NO. 028-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.6).
RESOLUTION NO. 029-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 030-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.8).
RESOLUTION NO. 031-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 032-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 033-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 034-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 035-2005
Said Resolution is incorporated herein by reference.
2005/25
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 036-2005
Said' Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 037-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 038-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 039-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 040-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 041-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 042-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 043-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 044-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 045-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 046-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
2005/26
RESOLUTION NO. 047-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 048-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 049-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 050-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 051-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 29)
RESOLUTION NO. 052-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 053-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 054-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 055-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 056-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 34)
RESOLUTION NO. 057-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 058-2005
Said Resolution is incorporated herein by reference.
2005/27
Receipt of Unanticipated Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 059-2005
Said Resolution is incorporated herein by reference,
Receipt of Unanticipated Funds (OMB Schedule Item No. 37).
RESOLUTION NO. 060-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 38).
RESOLUTION NO. 061-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 39).
RESOLUTION NO. 062-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 40).
RESOLUTION NO. 063-2005
Said Resolution is incorporated, herein by reference.
Transfer of Funds (OMB Schedule Item No. 41).
RESOLUTION NO. 064-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 42).
RESOLUTION NO. 065-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 43).
RESOLUTION NO. 066-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 44).
RESOLUTION NO. 067-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 45).
RESOLUTION NO. 068-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 46).
RESOLUTION NO. 069-2005
Said Resolution is incorporated herein by reference.
2005/28
2005/29
Board granted approval of a General Fund transfer for the Sheriff; to transfer funds for FY
04 between functional distributions in accordance with F.S. Chapter 30.49 (2) (a).
Board granted approval of the Fiscal Year 2006 Budget Calendar. Said document is
incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise Request for Applications for Monroe County Tourist
Development Council Bricks and Mortar/Capital Projects FY 2006 Funding_
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Greater Marathon Chamber of Commerce covering the Original
Marathon Florida Keys Seafood Festival on March 19-20, 2005 in an amount not to exceed
$10,000, DAC III, FY 2005 Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Islamorada Chamber of Commerce covering the Florida Keys Island
Festival on May 14-15, 2005 in an amount not to exceed $29,700, DAC IV, FY 2005, Third
Penny Event Resources.
Board adopted the following Resolution to provide additional advance registration,
booth-related expenses and travel-related expenses for Trade Shows for the Fiscal Year 2006 to
be paid from Tourist Development Council Funds in Fiscal Year 2005.
RESOLUTION NO. 070-2005
Said Resolution is incorporated herein by reference.
Board granted approval of a revised Cultural Umbrella application which will be
incorporated into the Monroe County Tourist Development Council Operations Manual.
Board granted approval of revisions to Section IV of the Monroe County Tourist
Development Council Operations Manual relating to the Overview and Instructions for
Destination and TurnKey events.
Board granted approval and authorized execution of a TurnKey Events Agreement
between Monroe County and 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.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Miami Swordfish Tournament, LLC for the Islamorada Swordfish
Tournament on August 19-21,2005 in an amount not to exceed $10,000, DAC IV, FY 2005
Event Resources.
2005/30
DIVISION OF GROWTH MANAGEMENT
Board granted approval for one Lot Aggregation Restrictive Covenant from David L. and
B. Rachelle Fowler to have one dwelling unit on contiguous lots, Permit No. 02-3-4126, for
property described as Part of Lot 21 and all of Lots 22,23, & 24, Block 3, Pamela Villa, 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.
Board granted approval for the transfer of three buildable lots from Patrick A. and
Elizabeth Price Foley to Monroe County by Warranty Deeds. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2005, have filed the documents in
accordance with Ordinance No. 47-1999.
Board granted approval for an Affordable Housing Deed Restriction for two dwelling
units from Boy Scouts of America, Permit No. 04-1-1453, for property described as Part Lot 1
(Section 27, Township 66, Range 28) and Part Lot 4 (Section 34, Township 66, Range 28),
Summerland Key, RE: 00114850.000000. The applicant submitted the Affordable Housing Deed
Restriction to be approved by the BOCC.
Board adopted the following Resolution supporting the South Florida Water
Management District Funding effort known as the Florida Keys Initiative for the 2005-2006
Budget Year.
RESOLUTION NO. 073-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Contract for Professional Services
between Monroe County and The Corradino Group, Inc., to complete the Stock Island/Key
Haven/US 1 Corridor Enhancement Plan (approximately Mile Marker 4.2 to 6.0).
Board granted approval for the transfer often buildable lots from Kenneth P. Heaps to
Monroe County by Warranty Deeds, Permit No. 03-3-1175, for properties described as Lot 9,
Block 16, Eden Pines Colony, Big Pine Key; Lot 22, Block 26, Eden Pines Colony 3rd Addition,
Big Pine Key; Lot 22, Block 2, Ramrod Shores Marina Section, Ramrod Key; Lots 1 & 2, Block
16, Sands Subdivision, Big Pine Key; Lot 4, Block 26, Sands Subdivision, Big Pine Key; Lot 2,
Block 12, Eden Pines Colony, Big Pine Key; Lots 15 & 16, Block 5, Silver Shores Estates,
Ramrod Key; and Lot 17, Block 21, Eden Pines Colony 3rd Addition, Big Pine Key. The
applicant is receiving two dwelling unit allocation awards for the year ending July 13, 2005, has
filed to documents in accordance with Ordinance No. 47-1999.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the Monroe County Sheriff's Office Bullet Proof Vest Grant
(request to act as Jurisdiction Designee).
Board granted approval of disposition of inventory items for Fiscal Year 2004 in the total
amount of $834,202.26. Said listing in incorporated herein by reference.
2005/31
Board granted approval of disposition of inventory items for the month of February, 2005
in the total amount of $434,904.73.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution authorizing Amendment 2 to the awarded
Community Development Block Grant, Contract Agreement 03DB-IA-II-54-01-H32 for a
six-month extension to expend grant funding and complete contract agreement requirements.
RESOLUTION NO. 071-2005
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board adopted the following Resolution requesting continued federal support and
appropriations for centralized waste and storm water treatment facilities in Monroe County,
Florida.
RESOLUTION NO. 072-2005
Said Resolution is incorporated herein by reference.
Board granted approval of recommended changes to the Rules and Regulations for the
Career Service Council to improve the efficiency of the Council.
Board granted approval of Commissioner Rice's reappointments to the Duck Key Security
District Advisory Board of Mr. Gerald Fortier, and Mr_ Dennis Kulig, with terms expiring
February 1, 2008 and March 1, 2008 respectively.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key Colony Beach for their administration of a contract with
Avcon, Inc. for design/build of Sadowski Causeway Bridge repairs.
Board granted approval of Commissioner Neugents' appointment of Susann D' Antonio to
the Art in Public Places Advisory Board, with a term expiring November 1, 2006, fulfilling
Barbara Hettinger's term as she resigned.
CLERK OF COURT
Board granted approval of the following Warrants (108735-109648 & 207902-207973):
General Fund (001), in the amount of $2,249,770.76; Fine & Forfeiture Fund (101), in
the amount of $2,917,042.08; Road and Bridge Fund (102), in the amount of$75,708.75; TDC
District Two Penny (115), in the amount of$121,650.54; TDC Admin. & Promo 2 Cent
(116), in the amount of$615,720.71; TDC District 1,3 Cent (117), in the amount of
2005/32
$78,118.17; TDC District 2, 3 Cent (118), in the amount of$15,107.54; TDC District 3, 3
Cent (119), in the amount of$2,379.96; TDC District 4, 3 Cent (120), in the amount of
$2,506.22; TDC District 5, 3 Cent (121), in the amount of$8,285.68; Gov. Fund Type Grants
(125), in the amount of $109,020.20; Fire & Amb Dist 1 L&M Keys (141), in the amount of
$262,965.77; Upper Keys Health Care (144), in the amount of$482.57; Fire & Amb Dist 6
Key Largo (146), in the amount of $46, 134.22; Uninc Svc Dist Parks & Rec (147), in the
amount of$25,718.84; Plan, Build, Zoning (148), in the amount of$92,013.10; Municipal
Policing (149), in the amount of$478,395.33; 911 Enhancement Fee (150), in the amount of
$26,414.88; Duck Key Security (152), in the amount of$5,755.05; Local Housing Assistance
(153), in the amount $244,847.10; Boating Improvement Fund (157), in the amount of
$12,768.26; Misc. Special Revenue Fund (158), in the amount of$II,936.05; Law
Enforcement Trust (162), in the amount of $10,270.00; Marathon Municipal Service (166), in
the amount of $2,068.30; Conch Key Wastewater MSTU (167), in the amount of$7,345.90;
Bay Point Wastewater MSTU (168), in the amount of$29,367.13; Key Largo Wastewater
MSTU (170), in the amount of$I,409.58; 1 Cent Infra Surtax (304), in the amount of
$194,271.51; Clerks Rev Note, Capital (306), in the amount of$612.50; 2003 Revenue Bonds
(307), in the amount of$I,407.38; Card Sound Bridge (401), in the amount of$196,238.64;
Marathon Airport (403), in the amount of$4,029.02; Key West IntI. Airport (404), in the
amount of$385,056.52; MSD Solid Waste (414), in the amount of$I,053,272.77; Worker's
Compensation (501), in the amount of$15,93937; Group Insurance Fund (502), in the
amount of$167,233.65; Risk Management Fund (503), in the amount of$38,535.69; Fleet
Management Fund (504), in the amount of$72,700.1O.
Board granted approval of the following Tourist Development Council Expenditures for
the month of January 2005:
Advertising, in the amount of$579,745.10; Bricks & Mortar Projects, in the amount of
$52,542.65; Visitor Information Services, in the amount of$14,416.66; Events, in the amount
of$14,087.08; Office Supplies & Oper Costs, in the amount of$26,082.85; Personal Services,
in the amount of$68,869.15; Public Relations, in the amount of$15,265.31; Sales &
Marketing, in the amount of$39,819.98; Telephone & Utilities, in the amount of$15,673.67;
Travel, in the amount of$4,836.91.
Board granted approval to advertise equipment for bid and approval to remove surplus
equipment from inventory via disposition and transfer. Said list is incorporated herein by
reference.
Board adopted the following Resolution repealing Resolution No. 129-1974.
RESOLUTION NO. 073-2005
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of County Administrator's goals for Fiscal Year 2005. Said goals
are incorporated herein by reference.
2005/33
COUNTY ATTORNEY
Board granted authority to initiate litigation against Florida Detroit Diesel and, if
appropriate, negotiate settlement.
Board granted authority to initiate litigation and seek an injunction against Nancy Brower.
Board granted approval and authorized execution of Settlement Agreement for Code
Enforcement Lien, Case No. CEB U2-94-1168 in Monroe County v. Emanuel Micelli and Robert
J. Petri.
Board granted approval and authorized execution of a Settlement Agreement for Code
Enforcement Lien, Case No. CE03050173 in Monroe County v. Itnor Corporation.
Board granted approval and authorized execution of a Settlement Agreement for Code
Enforcement Lien, Case No. CE03090178 in Monroe County v. Gary and Susan Casper.
Board granted approval to enter into a Settlement Agreement with the Transportation
Security Administration (TSA) to resolve the 5 issued notices and 6 additional pending notices of
violation.
Board granted approval to renew (three year option) the County's Pollution Liability
insurance with Marsh USA and Indian Harbor Insurance Company for a premium not to exceed
$68,000.00.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Works Director, Dent Pierce addressed the Board. Motion was made by
Commissioner Rice and seconded by Commissioner Nelson to adopt the following Resolution
accepting the amount of$17,358.02 $18,758.02 as a restricted donation for dog park facilities at
Higgs Beach, and also adopted a Resolution concerning the Receipt of Unanticipated Funds
(respectively). Motion carried unanimously.
RESOLUTION NO. 074-2005
RESOLUTION NO. 075-2005
Said Resolutions are incorporated herein by reference.
Community Services Director, Jim Malloch and Management Services Director, Sheila
Barker addressed the Board. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner McCoy granting approval to change two substitute positions to
part-time position status at Bayshore Manor. Motion carried unanimously.
Commissioner Rice abstained from voting on the following item due to a conflict of
interest:
2005/34
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval and authorizing execution of an Agreement between Monroe County, Monroe
County Community Transportation Coordinator and the Guidance Clinic of the Middle Keys for
contract period 11/1/2004 - 10/31/2005 to provide fee-for-service for Medicaid Non-Emergency
Transportation as a Subcontracted Transportation Provider. Motion carried unanimously, with
Commissioner Rice abstaining.
TOURIST DEVELOPMENT COUNCIL
The Board discussed approval of one (1) "At Large" appointment to Tourist Development
District III Advisory Committee. Tourist Development Council Office Manager, Lynda Stuart
addressed the Board. This item was continued to later in the day.
STAFF REPORTS
Public Works Reoort - County Engineer, Dave Koppel updated the Board concerning the
following projects: 1) Quay Project -last week the first meeting was held where members of the
citizen's committee and the public were briefed. Mr. Koppel indicated that investigation is
occurring for demolition and that negotiations are continuing with the Architect. 2) Key Largo
Fire Station - bids are scheduled to be opened on March 24. 3) Tavernier Fire Station -
construction is scheduled to begin in approximately one month. 4) The Roth BuildingIMariner's
Building - Certificate of Occupancy is expected in early March. 5) Mr. Koppel informed the
Board of an Interagency Coordination meeting scheduled for March 3,2005 at 10:30 a.m_ at the
Department of Transportation Building, District 6, located in Miami concerning the C905/C905A
curve project.
Growth Management Report - Growth Management Director, Tim McGarry reported to
the Board concerning the following items: 1) a Staff meeting was held with the City of Marathon
and the Department of Community Affair's concerning the City of Marathon's hotel ordinance. 2)
The State's Acquisition Council/Committee approved the expansion of Florida boundaries. 3)
Status of last night's meeting with the Stock Island community concerning waterfront issues and
the Master Plan for Stock Island. 4) Staff is working on an Interim Development Ordinance
concerning conversion of mobile homes and waterfront access. Robbie Reckwerdt addressed the
Board.
GROWTH MANAGEMENT
Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of a
a Contract for Services between Monroe County and the South Florida Regional Planning
Council to create a Marine Management Plan for Monroe County. Motion carried unanimously.
Commissioner McCoy discussed his item for direction to Staff concerning downstairs
enclosures constructed or improved without permits. Motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to open the agenda. Motion carried
unanimously. Richard Collins, County Attorney addressed the Board. After discussion, motion
2005/35
was made by Commissioner McCoy and seconded by Commissioner Neugent directing Staff not
to prosecute violations that are more than four years old unless the existence of a possible
violation (including an unpermitted downstairs enclosure or conversion of a garage/storage area
to residential use) has been concealed, and could have been detected only by entering the
structure. Nonconformities that are not subject to prosecution will continue to be addressed via
the flood insurance inspection process. Roll call vote was unanimous.
TOURIST DEVELOPMENT COUNCIL
The Board discussed approval of one (1) "At Large" appointment to the Tourist
Development Council District III Advisory Committee. Motion was made by Commissioner
Nelson and seconded by Commissioner Neugent appointing Jeffrey Pinkus to the District III
Advisory Committee. Motion carried unanimously.
DMSION OF GROWTH MANAGEMENT
The Board was provided with a copy of the written Growth Management Litigation
Report from Derek V. Howard, Esquire of the firm Morgan & Hendrick, dated February 9,2005.
The Board discussed a Resolution to defer actions on consideration of land swaps of
properties which have been dedicated to the County under ROGO, until the Monroe County Land
Acquisition Master Plan is completed and further Board policy is established. The following
individual addressed the Board: Lourdes Vila. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Rice to grandfather those applicants
currently in the system. Growth Management Director, Tim McGarry addressed the Board.
Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by
Commissioner Rice to adopt the following Resolution to defer actions on consideration of land
swaps of properties which have been dedicated to the County under ROGO, until the Monroe
County Land Acquisition Master Plan is completed and further Board policy is established.
Motion carried unanimously.
RESOLUTION NO. 076-2005
Said Resolutions are incorporated herein by reference.
COMMISSIONER'S ITEMS
Commissioner McCoy discussed his item seeking approval of the BOCC to direct
appropriate County Planning staff, in coordination with the Parks and Advisory Board, to develop
a plan meeting the approval of the Florida Fish and Wildlife Commission and endorsed by the
BOCC designating identified parcel( s) of County Owned land located at MM 100.5 in Key Largo
as a County Passive Park for the purpose of creating an additional Children's Memorial Tree
Garden. Mr. McGarry and Howard Gelbman addressed the Board. Motion was made by
Commissioner Rice and seconded by Commissioner McCoy requesting that Mr. Gelbman work
with County staff to locate a piece of property that does not have the difficulties of the property in
question. Roll call vote was unanimous.
2005/36
Commissioner Rice discussed his item concerning a Resolution supporting Baker Act
Reform and supporting the efforts of the Lower Keys Medical Center to obtain funding for its
DePoo Facility for Baker Act Services; providing for an effective date. Motion was made by
Commissioner Nelson and seconded by Commissioner Neugent to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 077-2005
Said Resolutions are incorporated herein by reference.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval to form a Florida Keys Airport Task Force to be comprised of local
government representatives and community shareholders to study and make recommendations as
necessary to the Board of the issues regarding recruitment of airline services to the Marathon
Airport facility. Said outline as follows:
# of Members
Local GovernmentlBusiness Organization
10
Cities appoint: Two members each, one of which is elected official
5
Chamber( s) of Commerce appoint one member each
5
BOCC appoints five members "at large"
2 One member each from The Lodging Association, and the
Marathon Hospitality Association
Task Force Resource group: Commissioner David Rice; Mr. Harold Wheeler, Executive
Director, TDC; Mr. Richard Collins, County Attorney; Mr. Tom Willi, County Administrator; Mr.
Peter Horton, Director of Airport Services; and Mr. Reggie Paros, Airport Manager, Florida Keys
Airport at Marathon.
Motion carried unanimously.
W ASTEW A TER ISSUES
Commissioner McCoy, the Board's liaison for wastewater issues, updated the Board
concerning wastewater projects in Monroe County. Glenn Patton, representing the Key Largo
Wastewater Treatment District; Charles Brooks, Chairman of the Key Largo Wastewater
Treatment District; County Administrator Tom Willi; and Monroe County's Bond Counsel, Brian
Armstrong of the firm Nabors, Giblin & Nickerson addressed the Board. After discussion,
administrative direction was given for the creation of an RFP to conduct a competitive bid study
of costs associated with all wastewater projects. The Board requested Mr. Armstrong to provide
a proposed interlocal agreement to the Key Largo Wastewater Treatment District for a proposed
twenty (20) million dollar bond issue for their review.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
approval and authorizing execution of an InterlocaI Agreement between Monroe County and the
2005/37
Florida Keys Aqueduct Authority, Inc. to assist in funding centralized wastewater treatment
systems. Van Cadenhead addressed the Board. Roll call vote was unanimous.
The Board discussed the process used by the Am1y Corp of Engineers to disburse 1.9
million dollars of the 100 million dollars authorized by Congress for wastewater improvements in
Monroe County. Councilman John Bartus, representing the City of Marathon and Charles
Brooks, representing the Key Largo Wastewater Treatment District addressed the Board. No
official action was taken.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Monroe
County Code Chapter 8 by creating Article II Disposal of Garbage, Trash, and Refuse, Section
8-16, Definitions, Section 8-17, Premises to be cleaned and mowed, and Section 8-18, Illegal
waste disposal on public and private lands and waterways; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for severability; Providing for incorporation into the
Monroe County Code of Ordinances; and Providing for an effective date. There was no public
input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 001-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held concerning a request for Administrative Relief made by Robert
and Susan Davis on the Lot described as Lot 1, Block 8, Key Largo Beach Subdivision, Key
Largo, Real Estate number 00502690.000000. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution
finding that the applicant has met the criteria and qualifies for Administrative Relief and that an
order be prepared that establishes this relief as an award of a ROGO allocation in the next
quarterly ROGO allocation period which closes April 13, 2005, or at such time as a ROGO
allocation is available. Motion carried unanimously.
RESOLUTION NO. 078-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held concerning a request for Administrative Relief made by Curtis
Smart on the Lot described as Lot 15, Block 3, Cross Key Water Way Estates Subdivision, Key
Largo, Real Estate number 00468471.004500. There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution
finding that the applicant has met the criteria and qualifies for Administrative Relief and that an
order be prepared that establishes this relief as an award of a ROGO allocation in the next
quarterly ROGO allocation period which closes April 13, 2005, or at such time as a ROGO
allocation is available. Motion carried unanimously.
RESOLUTION NO. 079-2005
Said Resolution is incorporated herein by reference.
2005/38
A Public Hearing was held concerning a request for Administrative Relief made by David
Thompson on the Lot described as Lot 9, Block 5, Buccaneer Point Subdivision, Key Largo, Real
Estate number 00496131.012700. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution
finding that the applicant has met the criteria and qualifies for Administrative Relief and that an
order be prepared that establishes this relief as an award of a ROGO allocation in the next
quarterly ROGO allocation period which closes April 13, 2005, or at such time as a ROGO
allocation is available. Motion carried unanimously.
RESOLUTION NO. 080-2005
Said Resolutions incorporated herein by reference.
A Public Hearing was held concerning a request for Administrative Relief made by Carlos
Machado on the lot described as Lot 9, Block 17, Twin Lakes Subdivision, Real Estate number
00550390.000000. There was no public input. Motion was made by Commissioner Neugent and
seconded by Commissioner Rice to adopt the following Resolution finding that the applicant has
met the criteria and qualifies for Administrative Relief and that an order be prepared that
establishes this relief as an award of a ROGO allocation in the next quarterly ROGO allocation
period which closes April 13, 2005, or at such time as a ROGO allocation is available. Motion
carried unanimously.
RESOLUTION NO. 081-2005
Said Resolutions incorporated herein by reference.
A Public Hearing was held concerning a request for Administrative Relief made by David
Thompson for Block 3, Lot 4 of Ocean a, Real Estate number 00085440.000200. County
Administrator Tom Willi informed the Board that the applicant requested a continuance of the
item. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to
continue this matter to the Board meeting of May 18,2005 in Key Largo. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item for direction to the County Administrator regarding
the RFP process for the provision of trauma flight services, the suspension of County purchasing
requirements, authorizing the County Administrator to locate and negotiate the purchase of said
aircraft based upon availability, age, price and configuration, and placing said purchase contract
on a future agenda date for BOCC consideration. The following individuals addressed the Board:
Johnny Delgado, representing Baptist Health South Florida; Sylvia Murphy, and Tom Strobel.
County Attorney Richard Collins and County Administrator Tom Willi also addressed the Board.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
for the County Administrator to move forward with the matter. Motion carried unanimously.
Commissioner Nelson discussed his item of a proposition to create an independent Key
Largo Fire Rescue and EMS district with elected fire commissioners to replace the existing
District 6 of the Monroe County Fire Department and to forward the attached resolution to
2005/39
Representative Ken Sorensen for state approval pursuant to Charter 191, Florida Statutes. The
following individual addressed the Board: Tom Tharp, representing the Key Largo Volunteer
Fire-Rescue Department. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner Rice to adopt the following Resolution supporting special act
legislation to establish an independent special fire control District for Key Largo within existing
MSTU District 6. Motion carried unanimously.
RESOLUTION NO. 082-2005
Said Resolution is incorporated herein by reference.
Commissioner Nelson discussed his item to provide $225,000 of funding to the Jacobs
Aquatic Center to offset operating and manpower costs on an annual basis. The following
individuals addressed the Board: Pat Murphy, representing Murphy's Upper Keys, Inc., and Jim
Boilini, representing Jacobs Aquatic Center. Motion was made by Commissioner Nelson and
seconded by Commissioner Neugent to provide the Jacobs Aquatic Center the amount of
$225,000 on an annual basis with the beginning date of January, 2005. Motion carried
unanimously.
Commissioner Nelson discussed his item of proper procedures for County Commissioners
while interviewing applicants for County Administrator, County Attorney or any other County
position that requires individual private meetings with applicants. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner McCoy to include in the County's
policies and procedures manual the process for interviews of County Administrator, County
Attorney and Division Heads, that it be a private affair between Commissioners and the person to
be interviewed. Motion carried unanimously.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator reported to the Board concerning a meeting held last
week with himself, Code Enforcement staff, County Attorney, Department of Health employees
and principles from KW Resort Utilities to discuss completion of sewer connections for Stock
Island. Mr. Willi discussed changes to the county's organization structure and indicated that the
Engineering Department and Technical Services Department will report directly to the County
Administrator. Mr. Willi thanked the Technical Services Department and his aide, Debbie
Frederick for all of their hard work and assistance in creating a paperless agenda.
PUBLIC HEARINGS
A Public Hearing was held to consider a Budget Amendment to the General Fund 001 and
Planning Building and Zoning Fund 148. There was no public input. Motion was made by
Commissioner Rice and seconded by Commissioner McCoy granting approval of the amendment.
Motion carried unanimously.
A Public Hearing was held to consider adoption of Ordinances amending the Year 2010
C?mprehensive Plan and Future Land Use Map, incorporating the Livable CommuniKeys Master
2005/40
Plan for Tavernier Creek to Mile Marker 97 including revisions at the direction of the Board of
County Commissioners, and amending the Land Use District Map pursuant to Action Items 1.4.2
of the Master Plan. Planning Director, Marlene Conaway briefed the Board prior to the Public
Hearings. The Board then accepted public input with the following individuals addressing the
Board: Glenn Patton, Andrew Tobin, Robert E. Burt, representing the Key Largo Federation of
Home Owner's Association; Joseph Vetrich, representing the Tavernier Community Association;
Pauline Klein, Van Cadenhead, Jerry Wilkinson, Vicky Fay, representing Key Largo Trailer
Village; Sylvia Murphy, Ted Carter, Richard Lancaster, representing the Hammer Point Owner's
Association; John Hammerstrom, Burke Cannon, Gus Cairo, John Stuart, representing the Key
Largo Chamber of Commerce; Sloan Muench, Carol Smith, George Born, representing the
Historic Florida Keys Foundation; Paul Ohonestan, representing Ocean Pointe; Roland Muench,
Frank Rego, representing Mariner's Club Key Largo Home Owner's Association; Jill Patterson,
Ron Miller, Tom Woods, Frank Strafaci, representing Coconut Palm Inn; Nick Mulick, and Ed
Swift. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner McCoy to adopt the following two Ordinances:
An Ordinance by the Monroe County Board of County Commissioners amending the Year
2010 Comprehensive Plan and Future Land Use Maps, and adopting the Livable CommuniKeys
Master Plan for Tavernier Creek to Mile Marker 97; Providing for the repeal of all Ordinances
inconsistent herewith; and directing the Director of Planning and Environmental Resources to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and
Providing an effective date. Motion carried unanimously.
ORDINANCE NO. 002-2005
Said Ordinances are incorporated herein by reference.
An Ordinance by the Monroe County Board of County Commissioners approving the
changes to the Land Use District Map for Tavernier Creek to Mile Marker 97 as detailed in the
Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 2005;
Providing for the repeal of all Ordinances inconsistent herewith; and directing the Director of
Planning and Environmental Resources to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs; and Providing an effective date. Roll call vote was
taken with the following results:
Commissioner Neugent No
Commissioner Rice Yes
Commissioner McCoy Yes
Commissioner Nelson Yes
Mayor Spehar Yes
Motion carried.
ORDINANCE NO. 003-2005
Said Ordinances are incorporated herein by reference.
Commissioner McCoy excused himself from the remainder of the meeting.
2005/41
The first of two Public Hearings were held to consider adopting a DCA Transmittal
Resolution to amend the Monroe County Year 2010 Comprehensive Plan to delete the HEI
requirements in the Plan, require an existing conditions report including a vegetation survey,
require a grant of conservation easement to protect open space vegetation and limit the clearing
of native upland vegetation dependent on the tier system designation, and provide for a Land
Acquisition Master Plan. The Board accepted public input with the following individuals
addressing the Board: George Wilson and Ed Swift.
The Board accepted public input for the following items:
The first of two Public Hearings were held to consider adopting a DCA Transmittal
Resolution amending the Monroe County Year 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.
The first of two Public Hearings were held to consider adoption of an ordinance adopting
amendments to the Monroe County Land Development Regulations to amend environmental
regulations; deleting section 9.5-336 through 9,5-343 to eliminate requirements for the Habitat
Evaluation Index (HEI); creating new Section 9.5-336 to require an Existing Conditions Report,
including vegetative survey; creating new Section 9.5-337 to protect upland vegetation through
grant of Conservation Easements; creating new Section 9.5-338 to incorporate 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.
The first of two Public Hearings were held to consider adopting an Ordinance amending
the Monroe County Land Development Regulations Sections 9.5-120 through 9.5-125 and
Section 9.5-266 to change the Rate of Growth Ordinance (ROGO) to utilize the Tier Overlay as
the basis for the competitive point system, prohibiting affordable housing allocations in Tier I,
increasing the affordable covenants to 99 years for public financed properties and to make
allocations for affordable housing on a first come basis or by reservation of the BOCC.
The first of two Public Hearings were held to consider adopting an Ordinance amending
the Monroe County Land Development Regulations to implement Goal 105 of the 2010
Comprehensive Plan by renumbering existing Sections 9.5-256 to 9.5-271; creating a new Section
9.5-256, Tier Overlay District; providing criteria for designation of tier boundaries; and, providing
a mechanism for Tier Overlay District Map amendments.
The first of two Public Hearings were held to consider adopting an Ordinance amending
the Monroe County Land Development Regulations to revise Section 9.5-124 through 9.5-124.8
Non-Residential Rate of Growth Ordinance (NROGO) utilizing the Tier Overlay as the basis for
the competitive point system.
2005/42
The first of two Public Hearings were held to consider adopting an Ordinance amending
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.
Mary Clothier, Carlos Martinez, Alan Rose, Bill Von Seggern, Gary Sands, Isela
Fernandez, George Wilson, and Ed Swift addressed the Board. After discussion, motion was
made by Commissioner Nelson and seconded by Commissioner Rice to hold a BOCC
workshop/public hearing regarding thse Tier System on March 17, 2005 from 9:00 a.m. to 5:00
p.m. at the Marathon Government Center. Motion carried unanimously, with Commissioner
McCoy not present.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting
approval of a new position to oversee the planning, design, construction and funding of sewer
projects throughout Monroe County. Motion carried unanimously, with Commissioner McCoy
not present.
COUNTY ATTORNEY
Assistant County Attorney Bob Shillinger discussed the written February 2005 litigation
report.
Mr. Shillinger also discussed the Collins, Thomas et al. v. Monroe County litigation.
The Board then agreed to name the State as a 3rd party defendant in the litigation.
Mr. Shillinger discussed settlement options in Monroe County v. Mark Fraleigh, Case No.
CAP 03-647. The Board directed Staff to continue exploring settlement options with Fraleigh
and other interested parties.
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
Qkl (2.lO.u)j~
Isabel C. DeSantis, Deputy Clerk