04/20/2005 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 20, 2005
Key West, Florida
2005/68
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., at the Harvey Government Center. 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 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.
Commissioner Nelson excused himself from the meeting.
PRESENTATION OF AWARDS
Presentation of Employee of the Year for 2004 to April Cine, Budget Analyst in the Office
of Management and Budget.
Presentation of Years of Service Award for 25 years for Christine Diaz, Executive
Assistant, Management Services Division.
Presentation of a retirement plaque to Roberto Blasco for 15 years of dedicated service to
Monroe County.
Presentation of Mayor's Proclamation observing the week of May 15 through May 21,
2005 as Emergency Medical Services Week.
Presentation of Mayor's Proclamation declaring the month of May 2005 as Motorcycle
Safety and Awareness Month.
Presentation of Mayor's Proclamation declaring the month of April 2005 as Water
Conservation Month.
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Presentation of Mayor's Proclamation declaring the month of April 2005 as Child Abuse
Prevention Month.
Presentation of Mayor's Proclamation recognizing April 2005 as Fair Housing and
Community Development Month.
Presentation of Mayor's Proclamation declaring the week of May 8 through May 13, 2005
as Law Enforcement Memorial Week.
Commissioner Nelson returned to the meeting and took his seat.
BULK APPROVALS
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval to award bid and authorized execution of a Contract for Courier
Service between Monroe County and Buccaneer Courier.
Board granted approval to advertise for bids for security services fbr the Duck Key
Security District.
Board granted approval to advertise for Requests for Proposals (RFPs) for a Cost
Recovery service provider to recover partially the expense of working vehicle accidents,
hazardous material incidents and false alarm calls.
Board granted approval and authorized execution of the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds Agreement between Monroe
County and the Monroe County Sheriffs Office for the purchase of one breathalyzer unit and
printer.
Board granted approval and authorized execution of a Certificate or Acceptance of
Subgrant Award No. 05-CJ-J3-11-54-01-271, between Monroe County and the Florida
Department of Law Enforcement, for the Intoxilyzer 8000 - Phase 3, Circuit 16 Program.
Board granted approval and authorized execution of the State Fiscal Year 2006 Byrne
Memorial Justice Assistance Grant Certificate of Participation between Monroe County and the
Florida Department of Law Enforcement.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Care Center for Mental Health to provide the substance abuse treatment in
Monroe County Detention Centers.
Board adopted the following Resolutions for the transfer of Funds and for the Receipt of
Unanticipated Funds:
04/20/2005 Y 2005/70
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 108-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 109-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 110-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 111-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 112-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 113-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 114-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8)
RESOLUTION NO. 115-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 116-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 117-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 118-2005
Said Resolution is incorporated herein by reference.
04/20/2005 2005/71
Receipt of Unanticipated Funds (OMB Schedule Item No. 12)
RESOLUTION NO. 119-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 120-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 121-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 122-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 123-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 124-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 125-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 126-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 127-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 128-2005
Said Resolution is incorporated herein by reference.
Board granted approyal and authorized execution of a Joint Use Park Interlocal
Agreement between Monroe County and the School Board of Monroe County to develop and
maintain a joint use park at Sugarloaf School.
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Board granted approval of the revised Monroe County Seven Year Roadway/Bicycle Path
Plan, prepared by Monroe County Engineering Division, dated March 2005. Each year the Seven
Year Roadway/Bicycle Path Plan is amended to respond to changing conditions.
Board granted approval for the receipt of monthly report on Change Orders reviewed by
the County Administrator.
Board granted approval to make enhancements at the African Memorial Burial Site at
Higgs Beach by installing a 6V by 25' concrete slab at an area currently established by a temporary
fence that is in disrepair. In the future there are conceptual plans to place mosaics, plaques, and
possibly statues on the slab to honor the site.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Barnes' Alarm Systems, Inc. to include additional costs for the annual
certifications of the fire alarm systems at the Stock Island Fire Station and the Sheriffs Aviation
Hangar.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Sub Zero, Inc. 'to include the costs of additional refrigerants for replacement
to the contract costs.
Board granted approval and authorized execution of a Contract (Full Maintenance
Agreement) between Monroe County and York International Corporation on a month to month
basis, until a second proposal can be obtained, for the two centrifugal chillers at Jackson Square.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Wilson 5 Service, Co., Inc. for the janitorial services at the May Hill Russell
Library in Key West.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial
services at the Big Pine Key Library.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial
services at the George Dolezal Library.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial
services at the Islamorada Library.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and Dependable Janitorial and Building Maintenance, Inc. for the janitorial
services at the Key Largo Library.
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2005/73
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Siemens Building Technologies, Inc. for the testing, certification, and
maintenance of the Monroe County Detention Center's fire alarm system, building automation
system, and smoke control system; the Sheriffs Administration Building's fire alarm system and
building automation system; the Juvenile Justice Center's fire alarm system and building
automation system; and the Courthouse Annex's fire alarm system.
Board granted approval and authorized execution of a Lease Agreement, of 775 square
feet of office space at the Monroe County Juvenile Justice Center, between Monroe County and
Pride Integrated Service, Inc. and approval to formally cancel lease with the Rural Health
Network.
Board granted approval and authorized execution of a Lease Amendment between
Monroe County and David & Linda Shield d/b/a Town Square Mall for office space for the Drug
Court Counselor in Marathon, to include lessee's responsibility for utility charges upon installation
of individual meters.
Board granted approval and authorized execution of a Consent to Assignment of Lease
between Monroe County and Conch Cruisers, Inc., Assignor, and Francis J. Gonzon, Assignee, to
lease approximately 3,928 square feet of restaurant space at Higgs Beach in Key West.
Board granted approval and authorized execution of Modification No.
05BG-04-11-54-01-217 between Monroe County and the Department of Community Affairs,
increasing the original grant amount by $29,711.00.
Board granted approval to transfer funds in the amount of $338,000 from the Interagency
Communications Fund to the Monroe County Sheriffs Office, to partially fund additional
engineering, program management and equipment for the existing 800 Megahertz Multi -agency
communications system.
Board granted approval and authorized execution of a Contract between Monroe County
and Ameriseal Northeast Florida, Inc. for the Seal Coat Ramps, Marking, T/W A-9 Rehabilitation
and Environmental Mitigation at the Key West International Airport.
Board granted approval to submit Passenger Facility Charge Application #10 to the
Federal Aviation Administration.
Board granted approval to award bid to Marathon Electric Sign & Light, Inc., for the
Runway Threshold Light project at the Key West International Airport.
Board granted approval and authorized execution of a Contract between Monroe County
and Atlantic Metals Welding & Fabrication, Co. to replace handrails on the Customs Building at
the Key West International Airport.
04/20/2005 - 2005/74
Board granted approval to rescind the Professional Services Agreement between Monroe
County and the Boyd Group/ASRC, Inc. that was approved at the December 15, 2004'Jmeeting.
Board granted approval to adopt the recommendation of the KWIA Ad Hoc Committee
on Noise, to select C & S and THC for future implementation of the Noise Implementation
Program (NIP).
Board granted approval and authorized execution of Change Order No. 4 between
Monroe County and D. L. Porter Constructors, Inc. for the Hangar Development, Taxilanes and
Apron Project at the Key West International Airport.
Board adopted the following Resolution authorizing the submission of a Grant Application
to the Alliance for Aging for the Fiscal Year 7/1/05 - 6/30/06 for the Community Care for the
Elderly Grant Program.
RESOLUTION NO. 129-2005
Said Resolution is incorporated herein by reference.
Board granted approval to submit a bid for Fiscal Year 07/05-06/06 Community Care for
the Elderly (CCD) Grant. Funds are provided through the Alliance for Aging to provide
necessary services to Monroe County's elderly population to prevent premature
institutionalization.
Board granted approval and authorized execution of the 2005/2006 Low Income Home
Energy Assistance Program Grant between Monroe County and the Florida Department of
Community Affairs, Contract No. 05EA5k-11-54-01-019 and authorization to waive the County
policy of venue.
Board granted approval and authorized execution of a Pet Sheltering Agreement between
Monroe County and the Florida Keys Society for the Prevention of Cruelty of Animals, Inc.
located in Key West; and also between Monroe County and Stand Up for Animals, Inc. located in
Marathon, showing those organizations' willingness to participate in the staffing and other needs
of Monroe County's Pet Friendly Special Needs Client Shelters as spelled out in the Pet Friendly
Sheltering Plan.
Board granted approval to apply for Residential Substance Abuse Treatment Grant and for
the Mayor, Chief Financial Officer, and Grants Administrator to sign the application and related
certifications and attachments, and complete the grant application online at the Florida
Department of Law Enforcement website.
RESOLUTION NO. 130-2005
Said Resolution is incorporated herein by reference.
04/20/2005 2005/75
TOURIST DEVELOPMENT COUNCIL
Board granted approval of advertising an application for Request for Proposals for Fiscal
Year 2006 Destination/TurnKey Events.
Board granted approval to advertise a Request for Proposal for a County Wide Website
Provider for the Monroe County Tourist Development Council (TDC).
Board granted approval and authorized execution of an Amendment to Interlocal
Agreement between Monroe County and the City of Marathon for the Sombrero Beach
Swimming Area Buoys project to extend Agreement to June 1, 2005.
DIVISION OF GROWTH MANAGEMENT
Board granted approval to reappoint Joseph Vetrick and Frank Toppino (alternate
member) to (1) one additional (3) year term and to appoint Peggy J. Bankester to (1) one (3)
three year term replacing Virginia Landwer (lay person) to the Contractors' Examining Board
(CEB) beginning April 2005.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Byron R. Ashby, Permit No. 02-3-3363, for property described as
Lots 8, 9, 10 & 11, Block 1, Lazy Lagoon Subdivision, PB 2 pg 126 Monroe County Records,
Monroe County, Florida, RE# 00496590-000000, 00496600-000000, 00496610-000000 &
00496620-000000.
'Board granted approval for one Lot Aggregation Restrictive Covenant from David B. &
Debbie J.S. Nelson to have one dwelling unit on contiguous lots, Permit No. 03-2-2508,
described as Lots 8, 9 & 12, Block 5, Center Island, Section 2, Part 1, Tom Harbor, Duck Key.
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 two buildable lots from Coral Reef Beauties
Investment, Inc. to Monroe County by Warranty Deed, Permit No. 01-3-1739, described as Lots
21 & 22, Block 2, Revised Plat Torch Key Estates, Little Torch Key. The applicants are
receiving a 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 two buildable lots from Gary & Rita Swain to
Monroe County by Warranty Deed, Permit No. 04-1-1028, described as Lot 16, Block 13, Eden
Pines Colony, Big Pine Key; and Lot 13, Block 56, Sands, Big Pine Key. The applicants are
receiving a 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 one buildable lot from Michael N. & Susan H.
Thompson to Monroe County by Warranty Deed, Permit No. 03-2-1019, described as Lot 2,
04/20/2005 2005/76
Block 3, Doctors Arm 1 st, Big Pine Key. The applicants are receiving a 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 a Monroe County Planning Department Affordable Housing
Deed Restriction for Employee Housing one dwelling unit from James E. & Barbara Jo Sharpe,
Permit No. 03-1-5136, described as Lot 4, Block 2, Summerland Key Cove Addition #2,
Summerland Key. The applicants are receiving a 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 six buildable lots from Joseph V. Fisher &
LaVerne B. Fisher for Rhog, Inc. to Monroe County by Warranty Deeds, Permit No. 03-1-5514,
described as Lots 1, 2, 3 & 4, Block 4, Summerland Beach Addition 2, Summerland Key; and
Lots 14 & 15, Block 3, Summerland Beach Addition 2, Summerland Key; and approval for one
Lot Aggregation Restrictive Covenant from Joseph V. Fisher, President, Rhog, Inc. to have one
dwelling unit on contiguous lots, Permit No. 03-1-5514, described as Lots 1 & 2, Block 4, Snug
Harbor, Addition 1, Summerland Key. The applicants are receiving a 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 one Restrictive Covenant from Mark & Daryn Page and Chris
& Pam Sante to have one dwelling unit on contiguous lots, Permit No. 00-3-4140, described as
Lots 8, 9 & 10, Singleton's Addition to Tavernier Cove, Key Largo. The applicants are receiving
a 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 one Lot Aggregation Restrictive Covenant from Guido
Carvajal and Maria Cruz to have one dwelling unit on contiguous lots, Permit No. 02-3-1534,
described as Lots 2 & 13, Block 17, Amended Plat of Key Largo Park, 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 for one Lot Aggregation Restrictive Covenant from Dean
Parkinson to have one dwelling unit on contiguous lots, Permit No. 02-3-3070, described as Lots
3, 10 & 11, Block 10, Bowens Addition to Riviera Village, Key Largo. The applicant 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 for one Lot Aggregation Restrictive Covenant from James D.
Robertroy and Scarlett R. Navarro-Robertroy to have one dwelling unit on contiguous lots,
Permit No. 03-1-3799, described as Lots 1 & 2, Block 26, Cutthroat Harbor Estates, Cudjoe Key.
The applicant is receiving one dwelling unit allocation award for the year ending July 13, 2005,
has filed the document in accordance with Ordinance No. 47-1999.
04/20/2005 y 2005/77
Board granted approval for one Lot Aggregation Restrictive Covenant from John C.
Novick to have one dwelling unit on contiguous lots, Permit No. 02-3-1534, described! as Lots 3
& 4, Block 5, Bahia Mar Estates, 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 Services between
Monroe County and American Underwater Contractors, Inc. to install 68 new mooring buoys and
replace 81 aging mooring buoys in Key West, per previous authorization of the Board at the
August 4 8, 2004.
Board granted approval and authorized execution of Amendment No. 2 to the Joint
Participation Agreement between Monroe County and the Florida Department of Transportation
(FDOT) providing additional year funds for the maintenance and improvement of state boat ramps
along,the US corridor.
COMMISSIONERS' ITEMS
Board adopted the following Resolution urging the United States Navy to allow NAS Key
West Civilian Employees to occupy military housing at the National Median Gross Rent
Percentage of Household Income for civilian rental rates.
RESOLUTION NO. 131-2005
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner Neugent's appointment of Gary Lowe to the
Florida Keys Council for People with Disabilities, fulfilling the term that has been vacated by Lt.
Larry Kelley, with an expiration in February 2006.
Board granted approval of Commissioner Neugent's appointment of Sherry Popham to the
Florida Keys Airport Task Force, there is no sunset date set for this committee.
Board granted approval of Commissioner Rice's appointment of Cynthia McKnight to the
Florida Keys Council for People with Disabilities, replacing Lisa Kittleson, term expires April 1,
2008.
Board granted approval of Commissioner Rice's reappointment of Pat Wells to the Marine
Port Advisory Committee, term expires March 1, 2008.
Board granted approval of Commissioner McCoy's reappointment of Dee Von Quirolo to
the Marine and Port Advisory Committee, term expires March 1, 2005.
Board granted approval of Commissioner Nelson's appointment of Frank Rego to the
Florida Keys Airport Task Force.
04/20/2005 / 2005/78
Board granted approval of Commissioner Nelson's appointment of Randy Wall, to the
Planning Commission. Mr. Wall will fulfill the term of David Ritz who recently resigned. The
term will expire on September 1, 2006.
Board granted approval of Mayor Spehar's re -appointment of Pam Martin to the Marine
and Port Advisory Committee.
Board adopted the following Resolution in recognition of the late Merili McCoy.
RESOLUTION NO. 132-2005
Said Resolution is incorporated herein by reference.
COUNTY CLERK
Board granted approval of the following Warrants (110729-111981 & 208040-208187):
General Fund (001), in the amount of $1,606,971.56; Fine & Forfeiture Fund (101), in
the amount of $2,889,170.49; Road and Bridge Fund (102), in the amount of $71,364.97; TDC
District Two Penny (115), in the amount of $280,998.60- TDC Admin. & Promo 2 Cent
(116), in the amount of $446,219.62; TDC District 1, 3 Cent (117), in the amount of
$100,053.29; TDC District 2, 3 Cent (118), in the amount of $11,570.93; TDC District 3, 3
Cent (119), in the amount of $2,527.82; TDC District 4, 3 Cent (120), in the amount of
$63,267.17; TDC District 5, 3 Cent (121), in the amount of $28,883.86; Gov. Fund Type
Grants (125), in the amount of $133,698.19; Impact Fees Solid Waste (133), in the amount of
$84,803.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of $77,811.61; Upper Keys
Health Care (144), in the amount of $616.37; Fire & Amb Dist 6 Key Largo (146), in the
amount of $46,195.19; Uninc Svc Dist Parks & Rec (147), in the amount of $66,524.39; Plan,
Build, Zoning (148), in the amount of $149,120.27; Municipal Policing (149), in the amount of
$460,293.27; 911 Enhancement Fee (150), in the amount of $26,244.25; Duck Key Security
(152), in the amount of $10,172.73; Local Housing Assistance (153), in the amount of
$116,763.90; Boating Improvement Fund (157), in the amount of $86,992.89; Misc. Special
Revenue Fund (158), in the amount of $16,228.67; Law Enforcement Trust (162), in the
amount of $6,430.00; Marathon Municipal Service (166), in the amount of $1,409.51; Conch
Key Wastewater MSTU (167), in the amount of $19.61; Bay Point Wastewater MSTU (168),
in the amount of $81.58; Key Largo Wastewater MSTU (170), in the amount of $46,017.68; 1
Cent Infra Surtax (304), in the amount of $1,576,315.07; Clerk's Rev Note, Capital (306), in
the amount of $1,948.50; 2003 Revenue Bonds (307), in the amount of $32,895.85; Card
Sound Bridge (401), in the amount of $8,209.85; Marathon Airport (403), in the amount of
$66,221.29; Key West Intl. Airport (404), in the amount of $542,400.55; MSD Solid Waste
(414), in the amount of $1,582,943.54; Worker's Compensation (501), in the amount of
$74,837.93; Group Insurance Fund (502), in the amount of $186,250.75; Risk Management
Fund (503), in the amount of $226,939.66; Fleet Management Fund (504), in the amount of
$13 0,277.22; Various Funds, in the amount of $10,186.89.
04/20/2005 2005/79
Board granted approval of Tourist Development Council Expenditures for the month of
March, 2005: Advertising, in the amount of $378,855.97; Bricks & Mortar Projects, in the
amount ,of $80,762.93; Visitor Information Services, in the amount of $48,916.64; Events, in the
amount of $76,881.65; Office Supplies & Oper Costs, in the amount of $33,852.94; Personal
Services, in the amount of $87,661.24; Public Relations, in the amount of $98,503.89; Sales &
Marketing, in the amount of $50,700.07; Telephone & Utilities, in the amount of $24,139.27;
Travel, in the amount of $23,165.32.
Board granted approval to remove surplus equipment from inventory via disposal. Said
list is incorporated herein by reference.
Board granted official approval of the Board of County Commissioners minutes from the
regular meeting of February 16, 2005 and special meetings of January 24, 2005 and February 23,
2005 (previously distributed).
Board granted approval and authorized execution of an Agreement for Monitoring and
Oversight Services between Monroe County and Danny L. Kolhage, Clerk of the Courts
concerning the Contract with Maximus, Inc. for community correctional services.
COUNTY ADMINISTRATOR
Board granted approval to advertise a proposed transfer of real property to the Key Largo
Volunteer Ambulance Corps for purposes of maintaining an advanced life supportambulance
service facility on Key Largo.
Board granted the County Administrator authority to negotiate terms to meet a request
from the Monroe County Department of Health (DOH) for additional construction funds to
complete a much needed clinic at the Roth Building, Islamorada.
Board granted the County Administrator authority to enter into discussions with the
incorporated areas and special districts to establish cooperative purchasing and bid agreements
and offer countywide services where economies of scale bring financial incentives to both parties.
COUNTY ATTORNEY
Board granted approval and authorized execution of a First Amendment to Professional
Services Contract between Monroe County and Thomas D. Wright for legal services retroactive
to March 1, 2005, amending the Contract to provide both a flat monthly rate and an additional
rate for services rendered which exceed two (2) full days in any month.
Board granted authority to initiate litigation against Daniel and Luann Devine to enforce a
Single Family Restrictive Covenant that was signed March 28, 2002.
Board granted approval and authorized execution of a Settlement Agreement in Code
Enforcement Lien, Monroe County v. Spiridon E. Pitsoulakis and Olga Pitsoulakis, Case No.
CE04030202.
04/20/2005 v 2005/80
Board granted approval and authorized execution of a Settlement Agreement in Code
Enforcement Lien, Monroe County v. Iluminada Galvan, Case No. CE03050209.
Board granted approval and authorized execution of a Settlement Agreement in Code
Enforcement Lien, Monroe County v. Richard P. & Marie H. Geranian, Case No. CE03110054.
Board adopted the following Resolution setting the date, time and place for a Public
Hearing concerning the proposed abandonment of a portion of Tarpon Street, and an access
driveway to Lot 28, as shown in Plat Book 1, Page 103 of the Public Records of Monroe County,
Florida.
RESOLUTION NO. 133-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Settlement Agreement in Code
,Enforcement Lien, Monroe County v. Itnor Corporation, Case No. CE03050208.
Board authorized the issuance of a Release of Code Enforcement Lien against Joseph C.
& Ruth Sutton.
Board granted approval to pay a renewal premium of $195,609 to Citizens Property
Insurance Corporation for windstorm policy.
Board granted approval to accept a proposal from March USA for Property Insurance
package through Lexington Insurance Company and Landmark American Insurance Company at
a premium of $410,218. Marsh is continuing their efforts to obtain a more favorably priced
insurance from alternative insurer (primarily Westchester Insurance Company). It is also being
requested that authority be granted to Risk Management to accept an alternative proposal from
Marsh if it is believed to provide equal or superior coverage for a lower premium.
Board granted approval to accept the proposal from Arthur J. Gallagher & Company to
provide Liability Insurance for Bayshore Manor with Lantana Insurance Company at a cost of
$14, 829.00.
Board granted approval of a Settlement Agreement in Code Enforcement Lien, Monroe
County v. Federico Rodriguez, Nerry Rodriguez & Manuela Rodriguez Estate, Case No.
CE04030001.
Board granted authorization to create an additional Assistant County Attorney position in
the County Attorney's office to provide representation to the Growth Management Division and
Land Authority.
Board granted approval and authorized execution of a new Grant of Conservation
Easement between Monroe County and Islamorada, Village of Islands for Old Mariner's Hospital
and rescission of the Grant of Conservation Easement approved by the Board on February 23,
2005.
04/20/2005 2005/81
Board granted approval of designation to the County Administrator for authority to
terminate any agreement of lease which is on a month -to -month basis, provided that if there is a
continuing need for service or comparable leased space for the same purpose, there is a
mechanism in place or planned to be in place as of.the date or termination so that there is no break
in the continuity of services which the County provides.
Board adopted the following Resolution supporting the authorization of the National Park
Service's Boundary Adjustment for the Tarpon Basin Property adjacent to Everglades National
Park.
RESOLUTION NO. 134-2005
Said Resolution is incorporated herein by reference.
Board granted approval to schedule a closed attorney client session of the Board on May
18, 2005 to discuss settlement negotiations or strategy sessions related to litigation expenditures
in the case of Monroe County v. post, Buckley, Schuh & Jernigan.
Board granted approval to advertise a Public Hearing to be held on June 15, 2005 at 3:00
p.m. in Marathon, Florida to consider adoption of a Resolution approving the Recommended
Beneficial Use Determination of the Special Master and denial of the Beneficial Use Application
of Merrick and Suzanne Kalan.
Motion carried unanimously.
STAFF REPORTS
Public Works - Facilities Maintenance Director, John King reported to the Board the
status of the Chris Johnson property cleanup located on Little Torch Key.
Engineering - County Engineer Dave Koppel reported to the Board on the recent
installation of intelligent highway features - Dynamic Message Signs (DMS) by the Florida
Department of Transportation along USL The Board raised their concerns about this project and
the numerous signs on Big Pine Key within the fenced area. Mr. Koppel was requested to send a
letter to FDOT expressing the Board's concern.
Mr. Koppel then reported to the Board the status of the following items: The Freeman
Justice Center located in Key West - the 5th pay application has been submitted to the county for
payment reflecting a 2.0% completion of the project; Big Coppitt Park - the plans should be
completed by the end of the month and then will, be going out for bid; Key Deer
Boulevard/Watson Field - improvements are being made with the parking situation as cars are
parking within the right-of-way; Flagler Avenue Improvement Project - bids are scheduled to be
opened on April 27th. Commissioner Nelson inquired on the status of the C905 Intersection. Mr.
Koppel updated the Board on the status of this project.
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serve the residents of the area. After discussion, motion was made by Commissioner Nelson and
seconded by Commissioner McCoy granting conceptual approval of the item and defer any
official action to the June 15, 2005 BOCC meeting in Marathon. Motion carried unanimously.
DIVISION OF MANAGEMENT SERVICES
The Board discussed the Fiscal Year 2006 total funding amount and percentage of general
fund budget formula for future years, for applicants funded through Human Services Advisory
Board recommendations. The following individuals addressed the Board: Douglas Blomberg,
representing Wesley House Family Services, Inc.; Diana Flenard, representing MARC; Edward
Healy, representing Anchors Aweigh, Inc.; and Gary Lowe, representing Heron & Peacock.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice
to adopt 4% of the General Fund based on last year's budget for the Human Services Advisory
Board. Management Services Director, Sheila Barker addressed the Board. Roll call vote was
unanimous. Staff was directed to explore the possibility of creating a Special Taxing District to
designate funding for these programs and report back to the Board. The Mayor indicated that she
would send a letter to the Executive Director of the Florida Association of Counties expressing
this Board's concern of how reductions in state and federal funding have affected several
providers of essential human services in Monroe County.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner David P. Rice, Mayor
Dixie Spehar, Councilman John Cromartie, and Chairman Kevin M. Madok.
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval to waive the purchasing policy requiring two or more written quotes for goods
and services not to exceed $25,000 in costs and authorized entering into a Contract between
Monroe County and Advanced Data Processing, Inc. (ADPI) for rescue ambulance billing and
related professional services for three (3) years, June 1, 2005 through May 31, 2008, with the
option to renew for two (2) additional one year periods. (This item rescinds agenda item C17
which was approved by the BOCC on March 16, 2005.) Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
The Board of County Commissioners meeting reconvened with all Commissioners present.
j~\
04/20/2005 _ 2005/84
COMMISSIONERS' ITEMS
Keys Federal Credit Union President John Dolan-Heitlinger made a presentation to the
Board regarding Mayor Spehar's item for staff to investigate the feasibility of locating a County
public library on the property owned by Keys Federal Credit Union at US 1 and Second & Third
Streets, Stock Island. The Credit Union is planning to locate a banking facility at this location.
Rosanne Potter, Vice President - Friends of the Library addressed the Board.. After discussion,
staff was requested to investigate the feasibility of locating a County public library on this
property. Mr. Willi addressed the Board.
COUNTY ADMINISTRATOR
Mr. Willi addressed the Board concerning consideration of the possible sale of County
owned property located on Cudjoe Key, described as Cudjoe Gardens Eighth Edition, Block 23,
Lots 2 & 3, located proximate to the substation property. County Attorney, Richard Collins
addressed the Board. After discussion, motion was made by commissioner Nelson and seconded
by Commissioner Rice to table the item to the June 15, 2005 BOCC meeting in Marathon.
Motion carried unanimously.
The BOCC meeting reconvened after lunch with Commissioner McCoy not present.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
open the agenda in order to rehear agenda item F1 concerning the Fiscal Year 2006 total funding
amount and percentage of general fund budget formula for future years, for applicants funded
through Human Services Advisory Board recommendations. Motion carried unanimously, with
Commissioner McCoy not present. After discussion, motion was made by Commissioner Nelson
and seconded by Commissioner Neugent to adopt 4-Vu 5% of the General Fund based on last
year's budget for the Human Services Advisory Board. Motion carried unanimously, with
Commissioner McCoy not present.
Commissioner McCoy entered the meeting and took his seat.
WASTEWATER ISSUES
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to
table discussion and approval to request from the Florida Keys Aqueduct Authority a transfer of
wastewater authority from the south end of the 7-mile bridge to, but not including, the area
served by the Key West Resort Utility or Key Haven Utilities. Motion carried unanimously.
The Board discussed an Interlocal Agreement (ILA) between the Board of County
Commissioners and the Florida Keys Aqueduct Authority for the provision of wastewater services
to County residents. Don Riggs, representing the M-10 Coalition addressed the Board. After
discussion, motion was made by Mayor Spehar and seconded by Commissioner McCoy to accept
04/20/2005 �" 2005/85
the Interlocal Agreement. Motion carried unanimously. Commissioner Nelson addressed the
Board and offered the following amendments:
Page 2, #2. c. Develop requests for proposals (RFP) for the procurement of wastewater
systems in unincorporated Monroe County, consistent with the procurement policies of the
County . The County will prepare the RFP, specifications, and rank contractors.
FKAA will oversee construction and O & M operations.
Page 2, #3 The CFWC committee shall meet at least monthly. The F-KaAdk County shall
provide the staff to organize the meetings, including insuring compliance with Florida's Open
Government Law.
Page 2, #5 The County and the FKAA agree that no contracts pursuant to the
procurement of any new wastewater system in unincorporated Monroe County will be signed
without the review agreement of the Monroe County Commission and the FKAA Board of
Directors.
The County Administrator addressed the Board and discussed the following deletion:
Bottom of Page 1, 91 County Attorney or designee and FKAA General Counsel or
designee.
After further discussion, motion was made by Commissioner Nelson and seconded by
Commissioner McCoy granting approval and authorizing execution of the above Interlocal
Agreement, as amended. Roll call vote was unanimous.
The County Administrator and the Board discussed the County's response to the Grand
Jury Report on the sewer system on Stock Island.
Airports Director, Peter Horton introduced Frank Newton, Jr. and Frank Newton, III of
the firm Newton & Associates, Inc. Frank Newton, III made a presentation to the Board
regarding the Proposed Plan of Finance for the Key West International Airport Terminal
Development Program.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending Sections
6-83(6) and 6-84(a), Monroe County Code, in order to add an additional alternate voting member
to the contractors examing board; 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 Nelson and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
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ORDINANCE NO. 004-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution setting the rate for
atorney's fees sought by the County Attorney's Office under Section 2-365 of the Monroe
County Code. There was no public input. Assistant County Attorney, Bob Shillinger addressed
the Board and submitted into the record Affidavits from the following attorneys: Franklin
Greenman, Esq.; David Manz, Esq.; Leighton G. Morse, Esq.; Nicholas Mulick, Esq.; and David
Paul Horan, Esq. Motion was made by Commissioner Nelson and seconded by Commissioner
Rice to adopt the following Resolution setting the hourly rate at two hundred dollars ($200.00)
per hour. Motion carried unanimously.
RESOLUTION NO. 135-2005
Said Resolution is incorporated herein by reference.
- The Board discussed the mayor's and commissioner's salary. County Attorney Richard
Collins addressed the Board.
A Public Hearing was held to consider adoption of an Ordinance amending Section
5.5-17, Monroe County Code, in order to provide greater specificity concerning the required
maintenance of trees which extend over a man-made water body as defined; 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. Tim McGarry, Growth Management Director addressed the Board.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-2005
Said Ordinance is incorporated herein by reference.
COUNTY ADMINISTRATOR
County Administrator, Tom Willi thanked the Board for their new commitment reported
earlier today concerning wastewater projects. Mr. Willi informed the Board that on Monday,
April 25, 2005, the county's new website would be going live at www.monroecounty-fl.gov. Mr.
Willi then announced that the Engineering Division has captured $350,000 in funds through the
South Florida Water Management District to be used towards stormwater projects and the Big
Pine Key Park.
Commissioner Rice inquired on the status of roof repairs at the Key West Library. Mr.
Willi updated the Board on the repairs.
COUNTY ATTORNEY
Mr. Collins reported to the Board that Public Works Director, Dent Pierce is recovering
i
04/20/2005 2005/87
well from surgery and will be returning to work in a couple of weeks. Mr. Collins then
introduced new Assistant County Attorney Susan Grimsley replacing Rob Wolfe who retired from
the County Attorney's Office.
Assistant County Attorney Bob Shillinger discussed the deadline date for submission of
the County Attorney litigation report. The Board agreed for the deadline to be the Monday prior
to the meeting. Mr. Shillinger provided the Board with a copy of the County Attorney's April
2005 litigation report. Mayor Spehar inquired as to the status of the Pozzi/Lee's Campground
code enforcement case concerning wastewater hookup. Mr. Shillinger indicated he would submit
an answer to the Board as soon as possible.
INDUSTRIAL DEVELOPMENT AUTHORITY
Motion was made by Commissioner Neugent to adjourn as the Board of County
Commissioners and convene as the Industrial Development Authority. See IDA Minutes page
2005/001.
COUNTY ATTORNEY
Assistant County Attorney Bob Shillinger made a presentation of a settlement offer in the
case of Monroe County v. Marshal Golnick, CC K 05-86. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to reject the settlement offer and
counter offer 1/2 of the fine, plus costs and fees for a total of $7,925 and to give authority to the
County Administrator to execute this settlement agreement on behalf of the Board. Motion
carried unanimously.
Mr. Shillinger announced the scheduling of a closed attorney client session of the Board of
County Commissioners on May 18, 2005 to discuss settlement negotiations or strategy sessions
related to litigation expenditures in the case of Monroe County v. Post, Buckley, Schuh &
Jernigan. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to
hold an attorney client session at 8:30 a.m. at the Key Largo Library. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning action taken by the Board of County
Commissioners on March 16, 2005 on the appointment of Commissioner Murray Nelson to the
National Marine Sanctuary Advisory Council. Commissioner Nelson withdrew his position to the
National Marine Sanctuary Advisory Council and requested that Commissioner Neugent continue
his service.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance approving the request of
Bounty Fisheries, Inc., for a Land Use Designation amendment from Urban Residential Mobile
Home Limited (URM-L) to Urban Residential (UR) for the property known as the Overseas
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2005/88
Trailer Park Maloney Subdivision PB 1-55 Section 35, Township 67S, Range 25E, Stock Island,
Florida, having real estate number: 00125350.000000 approximate mile marker 5; providing for
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing for an effective date. The Board accepted public
input with the following individual addressing the Board: Attorney Tim Koenig. Planning
Director Marlene Conaway discussed the land use designation with the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 006-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance approving the request by
PBP Marina Inc. to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to
Recreational Vehicle (RV) for the property described as part of Government Lot 6, Section 26,
Township 67 South, and Range 26 East, also known as Geiger Key Marina and RV Park on
Geiger Road at approximately mile marker 10.7. Assistant County Attorney Bob Shillinger
addressed the Board and requested each Commissioner disclose any ex-parte communication that
may have occurred on this issue. Mr. Shillinger proceeded to swear in all of those in attendance
who would testify during the hearing. The Board accepted public input with the following
individuals addressing the Board: Robert C. Mongelli, representing Geiger Key Marina; Attorney
Ralf Brookes, representing Geiger Key Marina; Owen Trepanier, representing PBP Marina; Glen
Owens, Joe O'Connell, representing Safe Harbor Marina; Bill Meagher, representing Geiger Key
Marina; Jim Hoffman, representing Geiger Key Marina & Smoke House; Jason Drevenak,
representing PBP Marina, Inc.; Captain Jim Scholl, representing NAS Key West; Joni Goodin,
representing Geiger Key Marina; Fred Cabanas, and Doug Meagher. Growth Management
Director, Tim McGarry discussed the land use designation with the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the
following Ordinance. Roll call vote was taken with the following results:
Commissioner McCoy
Yes
Commissioner Neugent
No
Commissioner Rice
Yes
Commissioner Nelson
Yes
Mayor Spehar
Yes
Motion carried.
ORDINANCE NO. 007-2005
Said Ordinance is incorporated herein by reference.
Commissioner Rice excused himself from the remainder of the meeting.
A Public Hearing was held to consider adoption of a Resolution transmitting to the
Department of Community Affairs the request filed by the Planning and Environmental Resources
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Department to amend the Monroe County Year 2010 Comprehensive Plan, Policy 216.1.8
concerning a staged/phased evacuation in the event of a pending major hurricane (category 3 - 5).
There was no public input. Growth Management Director, Tim McGarry addressed the Board.
Motion was made by Commissioner Neugent and seconded by McCoy to continue the hearing to
the May 18, 2005 Board meeting in Key Largo, 5:00 p.m. Motion carried unanimously, with
Commissioner Rice not present.
The first of two Public Hearings was held to consider an Ordinance adopting an Interim
Development Ordinance deferring the acceptance of development applications for the
redevelopment and conversion of five units or more of multi -family rental housing and/or mobile
home parks until land development regulations and comprehensive plan amendments are drafted;
providing for exemptions; providing for transmittal to Florida Department of Community Affairs
(DCA); and providing for expiration within 365 days of the effective date of the Ordinance or
when the amendments become effective, whichever comes first. The Board accepted public input
with the following individuals addressing the Board: Tim Koenig, Jim Cutcher, President Coastal
Waterway Mobile Home Park Homeowner's Association, Inc.; Mike Stephens, representing Bama
Sea Products, Inc.; David Paul Horan, representing KOA Campgrounds; W. Thomas Grimm,
representing Mariner's Club Key Largo; Ginny Stones, Jim Hendrick, representing Mariner's Club
Key Largo; Ed Swift. Growth Management Director, Tim McGarry discussed details of the
Interim Development Ordinance.
Commissioner McCoy excused himself from the remainder of the meeting.
The first of two Public Hearings was held to consider an Ordinance adopting an Interim
Development Ordinance deferring acceptance of development applications for the redevelopment
and conversion of marine facilities including commercial marinas and the working waterfront until
land development regulations and comprehensive plan amendments are drafted; providing for
exemptions; providing for transmittal to Florida Department of Community Affairs (DCA); and
providing for expiration within 365 days of the effective date of the Ordinance or when the
amendments become effective, whichever comes first. The Board accepted public input with the
following individuals addressed the Board: Joe O'Connell, Tim Koenig, representing Keys Point
Marina, LLC; David Paul Horan, representing Peninsular Marine; Anna Schutt, representing
Robbie's Safe Harbor Marina; Robbie Reckwerdt, representing Robbie's Marina; Butch Schutt,
representing Robbie's Marina; Peter Bacle, representing Stock Island Lobster Company; John
Ward, Jim Hendrick, and Ed Swift. Growth Management Director, Tim McGarry and Planning
Director, Marlene Conaway discussed details of the Interim Development Ordinance.
The following public speakers addressed the Board concerning the remainder of the Public
Hearings: Margaret Jolly, H.T. Pontin, Thomas B. Weyant, Rebecca Jetton, representing the
Department of Community Affairs; George Wilson, George Pyrpiris, Brian Rook, Alicia Rook,
Joan Borel, Ed Russo, Alicia Putney, Donny Lang, representing neighbors in Bahia Mar, Pamela
Villa & Winston Park; and Ed Swift.
The first of two Public Hearings was held to consider a Resolution transmitting to the
Department of Community Affairs the request filed by the Planning and Environmental Resources
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2005/90
,I
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.
The first of two Public Hearings was held to consider adoption of 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.
The first of two Public Hearings was held 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 on 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.
The first of two Public Hearings was held 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 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; providing for a lottery option
for ROGO System; creating an -appeal process for NROGO limiting affordable housing allocations
to Tier II and II areas; providing 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.
04/20/2005
2005/91
The first of two Public Hearings was held
amendments to the Monroe County. Land Develc
2010 Comprehensive Plan and the Tier Overlay
to 9.5-271; creating a new Section 9.5-256, Tier
designation of Tier Boundaries; providing a mecl
amendments; providing for repeal of all Ordinan(
incorporation in the Monroe County Code of Or
Environmental Resources Department to
Department of Community Affairs; and,
The first of two Public Hearings were
amendments to the Monroe County Land Dei
through 9.5-124.8 Non-residential Rate of Gr
Land Development Regulations utilizing the I
system; providing for repeal of all Ordinances
in the Monroe County Code of Ordinances; d:
Department to transmit a copy of this Ordinai
Affairs; and, providing for an effective date.
The first of two Public Hearings was
amendment to the Monroe County Land Use D
designation of all land in unincorporated Monrc
and Ocean Reef and designating boundaries for
of the 2010 Comprehensive Plan pursuant to th
of all Ordinances inconsistent herewith; directin
Department to transmit a copy of this Ordinanc
Affairs; and providing for an effective date.
The Board announced that the above
the BOCC meeting scheduled for Tuesday, b
There being no further business, the
adjourned.
;o consider an Ordinance adopting the
iment Regulations to implement Goal 105 of the
stem by renumbering existing Section 9.5-256
)verlay District; providing criteria for
Lnism for Tier Overlay District Map
s inconsistent herewith; providing for
nances; directing the Planning and
a copy of this Ordinance to the Florida
for an effective date.
to consider an Ordinance adopting
pment Regulations to revise Sections 9.5-124
th Ordinance (NROGO) of the Monroe County
Overlay as the basis for the competitive point
.onsistent herewith; providing for incorporation
�ting the Planning and Environmental Resources
to the Florida Department of Community
to consider an Ordinance adopting an
trict Map to include a Tier Overlay Map District
County in the Florida Keys between Key West
'ier I, Tier II and Tier -III as required in Goal 105
criteria in Section 9.5-256; providing for repeal
the Planning and Environmental Resources
to the Florida Department of Community
.c hearing items (T6a-T6g) will be continued to
7, 2005 at 1:00 p.m. at the Key Largo Library.
of the Board of County Commissioners was
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
0-,., J.-C-S C. b AM f'�'
Isabel C. DeSantis, Deputy Clerk