06/15/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/123
Regular Meeting
Board of County Commissioners
Wednesday, June 15,2005
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened on
the above date at 9:00 AM., at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner George R. Neugent,
Commissioner David P. Rice, and Mayor Dixie M. Spehar. Commissioner Murray E. Nelson
arrived later in the meeting. Also present were Danny L. Kolhage, Clerk and Isabel C. DeSantis,
Deputy Clerk; Richard Collins, County Attorney; Thomas Willi, County Administrator; County
Staff, members of the press and radio; and the general public,
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously, with Commissioner Nelson not present.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for March, 2005, to Peter Griffin,
Maintenance Worker, Facilities Maintenance Department, Public Works Division.
Presentation of Mayor's Proclamation declaring June 13 - 19,2005 as Mote Marine
Laboratory Week.
Presentation of Government Finance Officers Association (GFOA) Distinguished Budget
Presentation Award to Monroe County's Office of Management and Budget for the Fiscal Year
beginning October 1, 2004.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner McCoy granting
approval and authorizing execution of the following:
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Board granted approval for Judy Bobick (Ace Building Maintenance) to provide janitorial
services for the Key West International Airport on a month-to-month basis pending a renewal
agreement.
Board granted approval and authorized execution of a Lease Extension Agreement
between Monroe County and Avis Rent a Car System, Inc., for operations at the Florida Keys
Marathon Airport.
Board granted approval and authorized execution of a Lease Extension Agreement
between Monroe County and Budget Rent a Car System, Inc., for operations at the Florida Keys
Marathon Airport.
Board granted approval of Key West International Airport Security Expenditure Plan
Amendment II - for FY 2004 - FY 2007, dated 05/19/05.
Board granted approval and authorized execution ofURS Purchase/Service Order No.
04/05-16 between Monroe County and URS for proposed Key West International Airport
Terminal Bond Issuance.
Board granted approval of Award of Bid, and authorized execution of a Contract between
Monroe County and The Growing Concern Tree and Landscape, Inc. for the Approach R/W 9
and 27 End Clearing project at the Key West International Airport.
Board granted approval and authorized execution of Change Order #1 between Monroe
County and Smith Industries, Inc., DBA Smith Fence Company for the Security Fence and
Related Work Project at the Key West International Airport.
Board granted approval to trade in seven dump trucks and four road tractors and purchase
four new Mack dump trucks and three new Mack road tractors from the Florida Sheriff's
Association and Association of Counties' contractor, Nextran Truck Center.
Board granted approval to award bid and authorized execution of a Contract between
Monroe County and All Power Generators Corporation for emergency generator inspections,
maintenance and repairs.
Board granted approval to advertise a Request for Proposals for vending machines for all
Monroe County facilities.
Board granted approval and authorized execution of a new Lease Agreement between
Monroe County and Tropical Sailboats, Inc. to operate and maintain a concession for an amount
of$305.00 per month or 10% of monthly gross proceeds, whichever is greater.
Board granted approval and authorized execution of an Interlocal Agreement Renewal
between Monroe County and the Monroe County School Board, for the Use of County Meeting
Rooms, pending the School Board's approval at their June meeting.
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Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and State Representative Ken Sorensen, Ph.D., to lease office space at the
Marathon Government Center Annex.
Board granted approval and authorized execution of an Agreement between Monroe
County and the District Board of Trustees of Florida Keys Community College concerning EMS
training for period beginning July 1, 2005 and ending June 30, 2010.
Board granted approval to waive Monroe County Purchasing Policies & Procedures and
authorized the issuance of a Purchase Order and execution of a Software Licensing Agreement
between Monroe County and Zoll Data Systems, sole source provider of the RescueNet suite
software products, in the amount of$28,900.00 for the purchase of EMS Pro software package
for Ocean Reef Department of Public Safety including network and mobile licensing, training,
installation and tech support for pre-hospital collection of data to be used for patient care
reporting, state reporting and electronic billing.
Board granted approval to extend the agreement between Monroe County and Fire Tech
Repair Service, Inc., which expired on February 28,2005, on a month-to-month basis pending
execution of a new agreement.
Board granted approval to waive Monroe County Purchasing Policies & Procedures and
authorized issuance of a Purchase Order to Municipal Equipment Company, LLC, sole source
stocking distributor of Lion Apparel's Janesville Brand of Turnouts in the State of Florida, in the
amount of $59,312.00 for the purchase of 44 sets of personal protective ensembles.
Board granted approval to submit a grant application to the U.S. Department of
Homeland Security, Office of Domestic Preparedness for a SAFER (Staffing for Adequate Fire
and Emergency Response) Grant, a subset of the Assistance to Firefighters Grant (AFG) program.
Board granted approval to issue a Request for Qualifications for Professional Services by
Architectural/Engineering/Speciality Firms or Individuals to perform Americans with Disabilities
Act (ADA) Compliance Assessments for County Facilities and Roads, subject to review and
approval by the County Attorney, OMB/Purchasing, and Risk Management.
Board granted approval and authorized execution of a Joint Participation Agreement
(JP A) between Monroe County and the Florida Department of Transportation to complete
stormwater management improvements at various locations along the U.S. Highway 1 corridor,
subject to review and approval by the County Attorney and FDOT.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator. There were no change orders considered and approved by the County
Administrator for the period 05/03/05 - 05/31/05.
Board granted approval and authorized execution ofa Notice of Grant Award between
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Monroe County and Florida Department of Transportation for Acceptance of Grant Award to
purchase a $60,000 Type D Body-on-Chassis transit bus with wheelchair lift.
Board granted approval and authorized execution of an Addendum between Monroe
County and Stand Up for Animals, Inc. (SUFA) Agreement extending the term to three (3) years.
Board granted approval to issue a Purchase Order for a 36 month lease with Xerox for a
DC430 Copier to replace the 5818, currently being used, under the State of Florida Contract
#600-340-03-1, (Type 1, Class 3).
Board granted approval of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of the
Contracts between Monroe County and Florida Keys Society of Prevention of Cruelty to Animals,
Inc. and Stand Up For Animals, that were inadvertently left out of the contracts approved at the
May 18th BOCC meeting.
Board granted approval and authorized execution of Contract #KG052 - Community Care
for Disabled Adults (CCDA) Contract between Monroe County (Monroe County Social
Services/In-Home Services Programs) and the State of Florida, Department of Children &
Families for Fiscal Year July 1, 2005 through June 30,2006.
Board granted approval and authorized execution of Contract #KC571 - Community Care
for the Elderly (CCE) between Monroe County (Monroe County Social Services/In-Home
Services Program) and the Alliance for Aging, Inc. for Fiscal Year July 1, 2005 through June 30,
2006.
Board granted approval and authorized execution of Contract #KH572 - Home Care for
the Elderly (HCE) between Monroe County (Monroe County Social Services/In-Home Services
Program) and the Alliance for Aging, Inc, for Fiscal Year July 1,2005 through June 30,2006.
Board granted approval and authorized execution of Contract #KZ597 - Alzheimer's
Disease Initiative (ADI) between Monroe County (Monroe County Social Services/In-Home
Services Program) and the Alliance for Aging, Inc. for Fiscal Year July I, 2005 through June 30,
2006.
Board adopted the following Resolutions concerning Transfer of Funds and Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No.1).
RESOLUTION NO. 173-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.2).
RESOLUTION NO. 174-2005
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No.3).
RESOLUTION NO. 175-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.4).
RESOLUTION NO. 176-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.5).
RESOLUTION NO. 177-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6).
RESOLUTION NO. 178-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.7).
RESOLUTION NO. 179-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.8).
RESOLUTION NO. 180-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No.9).
RESOLUTION NO. 181-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 182-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 183-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 184-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 185-2005
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 186-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 187-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 188-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 189-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 141-2005 (OMB Schedule Item No. 18).
RESOLUTION NO. 190-2005
Said Resolution is incorporated herein by reference.
Rescinding Resolution No. 142-2005 (OMB Schedule Item No. 19).
RESOLUTION NO. 191-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 192-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 193-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 194-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 195-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 196-2005
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 25),
RESOLUTION NO. 197-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 198-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 199-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 200-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 201-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 202-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 203-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Addendum to Cost Allocation
Engagement Letter dated July 21, 2004 between Monroe County and KPMG, LLP to increase the
contract from an amount not to exceed $29,000 to an amount not to exceed $36,100 to update
the Fiscal Year 2005 and the Fiscal Year 2006 Full Cost Allocation Plans and the OMB A-87
Cost Allocation Plan.
Board granted approval of Fiscal Year 2006 Court Administration Budget in accordance
with Section 29.008, Article of the Florida Constitution.
Board granted approval and authorized execution of an Administrative Service Agreement
between Monroe County and Acordia National for Third Party Administration Services and
waived policy requiring going out for bid. Administration fees will remain at the current rates for
next three years. Current contract expires September 30, 2005.
Board adopted the following Resolution authorizing the submission of a Grant Application
to the Florida Department of Law Enforcement for the Fiscal Year 2006 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program; and granted approval of the recommendations of the
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Substance Abuse Policy Advisory Board concerning the uses of the Edward Byrne Memorial
Justice Assistance Grant (JAG) funds, authorization for the County Administrator to execute the
Fiscal Year 2006 FDLE JAG applications, and authorization for the Grants Administrator to
proportionately apply any reductions or increases in amounts required by FDLE to applicants
relative to amounts approved.
RESOLUTION NO. 204-2005
Said Resolution is incorporated herein by reference.
Board authorized the County Administrator or his designee to complete and submit the
online application for the Federal Fiscal Year 2005 Edward Byrne Memorial Justice Assistance
Grant (formerly known as the Local Law Enforcement Block Grant) via Internet as required by
U.S. Dept. of Justice, Bureau of Justice Assistance.
Board granted approval to award bid for the 4th Automobile Rental Concession at the
Florida Keys Marathon Airport to The Hertz Corporation,
Board granted approval and authorized execution of a Lease Agreement between Monroe
County and with Disabled American Veterans (DA V), Chapter 122, for lease of property at
Florida Keys Marathon Airport, for a term of sixty months.
Board granted approval to waive Monroe County Purchasing Policies & Procedures and
to piggyback on a previously awarded competitive bid, issued for Key West International Airport
to Quality Communications, Inc., for similar security work for the Emergency Operations Center
(EOC) to be paid for by a Homeland Security Grant.
Board granted approval to issue a Purchase Order to Xerox Corp. for a 36 month Lease
Agreement @ $293.00 per month for a Xerox WCP C128 Copier/Printer/Scan/Fax Bundled OCR
Software Paper port SE9.0 under State of Florida Contract #071736301.
Board granted approval to waive Monroe County Purchasing Policies & Procedures to
allow Purchase Orders to be issued to Bayshore Technologies for the purchase of computer
systems for all County offices as deemed necessary by the Technical Services Department.
Board granted approval and authorized execution of Amendment NO.1 to Agreements
between Monroe County, Key Largo Volunteer Fire Department, Inc., and Key Largo Volunteer
Ambulance Corps, Inc., providing a legal basis to disburse funds to volunteer firefighters and
EMS providers at increased reimbursement amounts based on achievement of higher training and
certification levels in conjunction with credit for emergency response participation, conceptually
approved by the Board during the Fiscal Year 2005 budget process.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution approving the request of Mr. Robert and
Lourdes Vila to exchange privately owned land of conversation value for lands dedicated to the
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County for conservation purposes under the County's Rate of Growth Ordinance as per
Resolution No. 179-2003.
RESOLUTION NO. 205-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Robert Holeman, Permit No. 02-3-4095 for property described as
Lots 7, 8 and 9, Block 3 unrecorded plat of Ocean a, Monroe County, Florida, RE#
00085460-000000,00085470-000000, & RE# 00085480-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Indiana Vale and Lasaro Ruiz, Permit No. 99302272 for property
described as Lots 7 and 14 Block 5 Amended Plat of Key Largo Park, Monroe County, Platbook
3, page 62 Monroe County Records, Monroe County, Florida, RE#00524070-000000,
00524170-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and MVP Keys, Inc., Permit No. 02305120 for property described as
Lot 11 Part of Tract A, Monroe County, Florida, RE# 00551000-001100.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Wendy Kurfist-Cioffi, Permit No. 03-3-2314 for property described
as Amended Plat of Manda lay PB2-25 Key Largo PT TR 1 G49-58, Monroe County, Florida
RE# 00554860-000000.
Board granted approval and authorized issuance of a Purchase Order for the Stock Island
Marine Projects Office for a 36-month lease agreement at $206.05 per month for a Xerox DC430
copier under State of Florida Contract #60034003 -0 1.
Board granted approval to issue a Purchase Order for the Tavernier Code Enforcement
Office for a 36-month lease agreement at $159.00 per month for a Xerox DC430 copier under
Sate of Florida Contract #600340-03-01.
Board granted approval to issue a Purchase Order for the Key West Code Enforcement
Office for a 36-month lease agreement at $159.00 per month for a Xerox DC430 copier under
State of Florida Contract #600340-03-01.
Board granted approval and authorized execution of an Amendment to the Interlocal
Agreement Relating to the Transition of Wastewater Jurisdiction and Services from the Florida
Keys Aqueduct Authority to the Key Largo Wastewater Treatment District by and between
Monroe County and the Key Largo Wastewater Treatment District, in order to resolve language
discrepancies.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Advanced Data Solutions, Inc., Contract #101-555-2493 for
document digitizing based on Florida State contract number 973-561-04-2, in the total amount of
$80,000.00.
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SHERIFF'S DEPARTMENT
Board granted approval of the following Request for Expenditures from the Law
Enforcement Trust Fund:
$3,500 "Art Behind Bars" - These funds will cover printing and mailing of invitations and
underwrite expenses associated with "Art Behind Bars" annual Birthday Party which benefits
inmates and helps in lowering recidivism.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Spehar's appointment of Betty Vail to the Florida Keys
Airport Task Force.
Board adopted the following Resolution extending joint stipulated settlement agreement
governing development on Shark Key.
RESOLUTION NO. 206-2005
Said Resolution is incorporated herein by reference.
Board granted approval of Commissioner McCoy's appointment of Michael Garcia to the
Florida Keys Airport Task Force.
Board granted approval of Commissioner Rice's appointment of 1. Bradford Trout to the
Library Advisory Board to fulfill the term of Kathleen Fischer, who recently resigned due to
moving out of the area, term expires January 1, 2007.
Board granted approval of Commissioner Nelson's item concerning approval of the
following members to the new Workforce Housing Committee: (Note: This item is reconsidered
later in the meeting and revised).
Commissioner Murray E. Nelson, Chairman
County Administrator Tom Willi
Upper Keys - Maureen Lackey
Middle Keys - Bill Loewy
Lower Keys - Donna Windle
District 1 Appointment (Mayor Spehar) John Dolan-Heitlinger
District 2 Appointment (Commissioner Neugent) Carol Fisher
District 3 Appointment (Mayor Pro Tem McCoy) Clayton Lopez
District 4 Appointment (Commissioner Rice) Brian Schmitt
District 5 Appointment (Commissioner Nelson) Jim Saunders.
Board adopted the following Resolution to oppose HR. 6, the Energy Bill.
RESOLUTION NO. 207-2005
Said Resolution is incorporated herein by reference.
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COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
regular meeting of April 20, 2005 (previously distributed).
Board granted approval of the following Warrants (112948-113904 & 208278-208399):
General Fund (001), in the amount of$1,359,007.00; Fine & Forfeiture Fund (101), in the
amount of $2,863,546.49; Road and Bridge Fund (102), in the amount of $62,370.43; TDC
District Two Penny (115), in the amount of$236,989.41; TDC Admin. & Promo 2 Cent
(116), in the amount of $727,490.60; TDC District 1,3 Cent (117), in the amount of
$467,415.85; TDC District 2, 3 Cent (118), in the amount of$5,761.82; TDC District 3, 3
Cent (119), in the amount of $42,663.3 I; TDC District 4, 3 Cent (120), in the amount of
$33,568.12; TDC District 5, 3 Cent (121), in the amount of$12,055.70; Gov. Fund Type
Grants (125), in the amount of$126,864.99; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $99,907.96; Upper Keys Health Care (144), in the amount of$4,248.84; Fire &
Amb Dist 6 Key Largo (146), in the amount of$35,704.24; Uninc Svc Dist Parks & Rec
(147), in the amount of$45,208.17; Plan, Build, Zoning (148), in the amount of$109,426.71;
Municipal Policing (149), in the amount of $456,774. 16; 911 Enhancement Fee (150), in the
amount of $24,007.11; Duck Key Security (152), in the amount of $4,099.27; Local Housing
Assistance (153), in the amount of $68,481.00; Boating Improvement Fund (157), in the
amount of $49,800.00; Misc. Special Revenue Fund (158), in the amount of$11,304.59; Law
Enforcement Trust (162), in the amount of $22,042,66; Marathon Municipal Service (166), in
the amount of$49,816.20; Conch Key Wastewater MSTU (167), in the amount of$1.48; Bay
Point Wastewater MSTU (168), in the amount of$24.20; Key Largo Wastewater MSTU
(170), in the amount of$136,355.81; 1 Cent Infra Surtax (304), in the amount of$190,926.15;
Clerk's Rev Note, Capital (306), in the amount of$405.00; 2003 Revenue Bonds (307), in the
amount of $9,401. 17; Card Sound Bridge (401), in the amount of$7,413.33; Marathon
Airport (403), in the amount of$12,253.72; Key West IntI. Airport (404), in the amount of
$1,170,348.85; MSD Solid Waste (414), in the amount of$I,127,913.62; Worker's
Compensation (501), in the amount of $15, 193 .42; Group Insurance Fund (502), in the
amount of$130,772.45; Risk Management Fund (503), in the amount of$443,841.67; Fleet
Management Fund (504), in the amount of $82,285.31.
Board granted approval of Tourist Development Council Expenditures for the month of
May, 2005: Advertising, in the amount of$946,320.55; Bricks & Mortar Projects, in the amount
of$35,641.39; Visitor Information Services, in the amount of$21,083.32; Events, in the amount
of$47,488.30; Office Supplies & Oper Costs, in the amount of$41,789.27; Personal Services, in
the amount of$109,056.87; Public Relations, in the amount of$66,355.84; Sales & Marketing, in
the amount of$33,366.53; Telephone & Utilities, in the amount of$2,905.78; Travel, in the
amount of$9,544.78.
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
for Fund #306, Clerk's Revenue Note, Capital.
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RESOLUTION NO. 208-2005
Said Resolution is incorporated herein by reference.
Board granted approval to advertise surplus equipment for bid and approval to remove
surplus equipment from inventory via disposal. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of an Interlocal Agreement and
Addendum to Interlocal Agreement between Monroe County, Monroe County School District
and the Monroe County Sheriffs Office to fund the 2005 Summer Recreation Program.
Board granted approval and authorized execution of a Special Counsel Retainer
Agreement between Monroe County, Other Participating Governmental Entities, the Seibert Law
Firm and Bryant Miller & Olive, P.A. for services related to Affordable Housing.
COUNTY ATTORNEY
Board granted approval for payment a maximum of $33,640.00 to the TASA Group, Inc.,
for expert witness services in the case of Monroe County v. Post, Buckley, Schuh & Jernigan,
subject to the provision of appropriate documentation.
Board granted approval to refund $500 Road Abandonment fee, $250 to Flynn Smith and
$250 to Kathleene Steinmuller. Prior to County Attorney's Office sending requests for
departmental reviews by Planning, Engineering and the Fire Marshal, Mr. Smith contacted County
Attorney with information regarding prior abandonment. It has been verified that the road (Sunny
Lane, Cudjoe Key) was abandoned October 14, 1969 by Resolution No. 103-1969.
Board adopted the following Resolution setting the date, time and place for a public
hearing concerning the proposed Abandonment of a portion of Oak Road according to the plat
thereof as recorded in Plat Book 3, Page 125, Pamela Villas, of the public records of Monroe
County, Florida.
RESOLUTION NO. 209-2005
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution authorizing a transfer of real property (bay
bottom adjacent to Yacht Club) to the City of Marathon pursuant to an Interlocal Agreement and
authorized the Mayor to execute the Quit Claim Deed for same.
RESOLUTION NO. 210-2005
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Public Hearing of an Ordinance amending Section,
Monroe County Code, in order to provide revised legal descriptions of Duck Key Municipal
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Service Taxing Unit set forth in Ordinance No. 010-2005; 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.
Board granted approval and authorized execution of a revised Agreement for Sale and
Purchase and an Addendum between Monroe County and Gregory and Diana Pardo for property
at 98970 Overseas Highway, Key Largo, and recision of May 18, 2005, approval of Agreement
for Sale and Purchase of same property.
Board adopted the following Resolution approving acquisition of fee simple title to a
portion of Lot 60, Summerland Yacht Harbor Subdivision to facilitate for affordable housing.
RESOLUTION NO. 211-2005
Said Resolution is incorporated herein by reference.
Board granted approval for Purchase of Airport Liability Insurance with Ace USA
through Arthur 1. Gallagher and Company. Provides $50 million in liability insurance coverage
for Airport Operations (Key West and Marathon).
Board granted approval to advertise an Ordinance amending Sec. 3-6(1), Monroe County
Code, in order to change the licensing of dogs from one year to three years; 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.
Board granted authorization to release Code Enforcement Lien against Lot 35, Block 10,
Lake Surprise Estates, Key Largo, and its owners Reinaldo Delgado and Lourdes Nunez.
Board granted approval of a proposed code enforcement lien settlement offer by Blair and
Althea Mooney in the amount of$14,61O.
Board granted approval and authorized execution of a Standard Legal Services Agreement
No. CAY LIT 2005-05-01 between Monroe County and Robert H. Freilich, Esq. to defend the
County in the matter of Thomas Collins, et al. v. Monroe County, CA M 04-379.
Board granted approval and authorized execution of a Standard Legal Services Agreement
No. CAY LIT 2005-05-02 between Monroe County and Tyson Smith to defend the County in the
matter of Thomas Collins, et al. v. Monroe County, CA M 04-379 and to provide legal services in
other Growth Management matters retroactive to February 1, 2005.
Board granted approval of payment to Paul, Hastings, Janofsky & Walker, LLP for
professional legal services rendered by Robert H. Freilich, Esq, in the amount of$111,999.09
(Invoice No. 1443273).
Board granted approval of payment to E. Tyson Smith, Esq. for professional legal services
rendered in the amount of$29,526.56 (Invoice No. 45).
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Board granted conceptual approval to remove inventory equipment form inventory listing
and transfer to the State of Florida pursuant to Florida law and County policy under terms to be
negotiated by the County Administrator and Court Administration.
Motion carried unanimously, with Commissioner Nelson not present.
MISCELLANEOUS BULK APPROVALS
Dave Koppel, County Engineer addressed the Board. Motion was made by Commissioner
Neugent and seconded by Commissioner Rice granting approval to waive Monroe County
Purchasing Policies & Procedures and issue a Purchase Order to All Counties Recycling & Waste
Processing, Inc. for removal of construction and demolition debris at the Upper Keys Government
Center site, in the amount of $47,000.00. Motion carried unanimously, with Commissioner
Nelson not present.
Sheila Barker, Management Services Director addressed the Board. Motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval to lower the
Preferred Brand Drug Co-Pay to $25.00/retail and $62.50/mail, effective July 1, 2005. Our
current preferred brand cost is $50 retail and $125/mail (3 months). Motion carried unanimously,
with Commissioner Nelson not present.
Dent Pierce, Public Works Director addressed the Board. Motion was made by
Commissioner Rice and seconded by Commissioner Neugent granting approval to purchase a new
chiller system for the Harvey Government Center from sole source vendor McQuay International
in the amount of$98,304.00; and adopted the following Resolution transferring funds from
BOCC contingency for same. Motion carried unanimously, with Commissioner Nelson not
present.
RESOLUTION NO. 212-2005
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
Board discussed approval of one (1) "At Large" appointment to the Tourist Development
Council District I Advisory Committee. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Neugent to appoint Phil Hogue to the Tourist Development
Council District I Advisory Committee. Motion carried unanimously, with Commissioner Nelson
not present.
STAFF REPORTS
Public Works - Dent Pierce, Public Works Director reported on the status of the
following projects: Quay Property in Key Largo - demolition is approximately 90% complete and
hauling away of the materials is approximately 60% complete; Johnson Property on Little Torch
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Key - cleanup is complete and a fence will be installed around the property to prevent more trash
from accumulating.
Engineering - Dave Koppel, County Engineer reported on the status of the following
projects: Little Duck Key - drainage problem (3 French drainage wells) - the contractor is
manufacturing certain structures to go into the ground; Tavernier Fire Station - receipt of a letter
from the contractor advising they no longer want to do the work; Medical Examiner's Building _
permits have been received from the Army Corps of Engineers (ACOE); Big Pine ParklMariner's _
the water quality study is no longer being required by the ACOE; Flagler Street Improvements _
contract was awarded, DOT is administering; Big Pine Key Fire Station - the final survey required
by the State Division of Land Management is expected next week and the plans should be out to
bid in the next few weeks; Duck Key Entrance - still awaiting final plans from their engineer.
Growth Management - Tim McGarry, Growth Management Director reported on the
following item: ROGO exempt units - the County has received seventeen (17) ROGO exempt
units from the Housing Authority since they weren't all used.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval and authorizing execution of Amendment #001 to Contract AA-529 between
Monroe County/Monroe County Social Services and the Alliance for Aging, Inc. (Area Agency
on Aging for Miami-Dade and Monroe Counties) for Title III-E, for 01/01/2005 - 12/31/2005.
Motion carried unanimously, with Commissioner Nelson not present.
DIVISION OF GROWTH MANAGEMENT
The Board accepted the written Growth Management Litigation Report dated June 1,
2005 from Derek V. Howard, Esq., of the firm Morgan & Hendrick.
Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Neugent granting conceptual approval of a proposed
amendment to floodplain regulations to allow for partially enclosed below base flood enclosures
on more than 299 square feet subject to specific limitations and annual inspections. The proposed
amendment would allow downstairs enclosures of greater than 299 square feet subject to the
following conditions: 1) only three sides of the enclosure may be fully enclosed with any opaque
facade to provide an opening for easy visual inspection of the downstairs enclosure by County
personnel; and 2) an easement will be required to be placed on the property that gives the right to
visually inspect the downstairs enclosure at least once a year. A special permit fee to cover the
costs of the inspections will be charged. Motion carried unanimously, with Commissioner Nelson
not present.
Commissioner Nelson arrived at the meeting and took his seat.
MISCELLANEOUS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice to
reopen the agenda. Motion carried unanimously. Clerk of Court Danny L. Kolhage; County
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Attorney Richard Collins; Mark Rosch, Executive Director of the Land Authority; and County
Administrator Tom Willi addressed the Board. After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Neugent directing Staff to proceed with a
bond issue pledging the half penny bed tax going to the Land Authority and utilizing $3 million
from the Land Authority's ROGO reserve fund to purchase workforce housing lands or
environmentally sensitive lands. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Rice discussed his item concerning progress on funding for continued
Baker Act services in Monroe County. Mr. Collins addressed the Board. No official action was
taken.
Commissioner Rice discussed his item concerning direction to Staff regarding creating a
current inventory record of affordable ownership and rental workforce housing in
(unincorporated) Monroe County. Inventory should include publicly owned and private rentals.
Growth Management Director, Tim McGarry addressed the Board. This item was referred to
Staff.
Commissioner Rice discussed his item for direction to establish a working partnership with
the City of Marathon for the building of a new library facility to better serve the residents of the
area. After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Nelson to work a relationship with the City of Marathon, whereby they would provide property at
a site of their choosing, working toward construction of a new library in the Marathon
Community and pursuant to an Interlocal Agreement between the City of Marathon and Monroe
County for approval by this Board. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to
remove from bulk approval to reconsider the appointment of members to the new Workforce
Housing Committee. Motion carried unanimously. After discussion, motion was made by Mayor
Spehar and seconded by Commissioner Nelson approving the new Workforce Housing
Committee, as revised - Commissioner Nelson as Facilitator, County Administrator Tom Willi as
Vice-Chair (voting member) in Commissioner Nelson's absence, and to also appoint Tim Koenig
to the Workforce Housing Committee, as a full voting member. Roll call vote was unanimous.
DIVISION OF MANAGEMENT SERVICES
The Board discussed a Health Cap proposal brought before the Board at its May 18, 2005
meeting. Administrative Services Director, Sheila Barker; Lawton Swan, representing Interisk, a
consultant for our Group Benefits Plan; Clerk of Court Danny L. Kolhage; Jeff A. Reagan,
representing Keys Insurance; and Mike Conway, representing Benefits Cost Consultants
addressed the Board. After discussion, the Board requested that Ms. Barker work with Interisk
and Health Cap so that additional information may be obtained and brought back to this Board at
its next meeting in Marathon for consideration.
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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 Mayor Spehar and seconded by Commissioner Neugent granting
approval to extend the Fire Tech Repair Service, Inc. agreement, which expired on February 28,
2005, on a month-to-month basis pending execution of a new agreement. Motion carried
unanimously.
Motion was made by Mayor Spehar and seconded by Commissioner Rice granting
approval to waive Monroe County Purchasing Policies and Procedures and issue a Purchase
Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion Apparel's
Janesville Brand of Turnouts in the State of Florida, in the amount of $59,312.00 for the purchase
of 44 sets of personal protective ensembles. Motion carried unanimously.
Dan Cassel, representing the Monroe County Fire Chiefs Association; and Clark O.
Martin, Jr., Fire Chief addressed the Board. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Neugent granting approval and authorizing execution of
Amendment No.1 to Agreements between Monroe County, Big Coppitt Volunteer Fire
Department, Inc., SugarloafKey Volunteer Fire Department, Inc., Big Pine Key Volunteer Fire
Department, Inc., Layton Volunteer Fire Department, Inc., and Tavernier Volunteer Fire and
Ambulance Corps, Inc. providing a legal basis to disburse funds to volunteer firefighters and EMS
providers at increased reimbursement amounts based on achievement of higher training and
certification levels in conjunction with credit for emergency response participation, conceptually
approved by the Board during the Fiscal Year 2005 budget process. County Administrator Tom
Willi addressed the Board. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
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The Board of County Commissioners meeting reconvened with all Commissioners present.
WASTEWATER ISSUES
Board discussed approval to advertise a Request for Qualifications for engineering
services to design a wastewater system for the Big Coppitt Service Area. The following public
speaker addressed the Board: Don Riggs, representing the M-IO Coalition. Mr. Collins, Mr.
Kolhage, and Mr. Willi addressed the Board. After further discussion, motion was made by
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Commissioner McCoy and seconded by Commissioner Nelson to table the item, Motion carried
unanimously. After further discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Rice authorizing Commissioner McCoy, as the County's Wastewater Liaison, to
submit a request to the Attorney General for an opinion with assistance from the County
Attorney. In addition, the Clerk will provide language concerning the use of county funds and
resources. Motion carried unanimously.
Bob Shillinger, Assistant County Attorney; Tom Dillon, representing the Key Largo
Wastewater Treatment District, and Charles Brooks, Chairman, of the Key Largo Wastewater
Treatment District addressed the Board. After discussion, motion was made by Commissioner
Nelson and seconded by Commissioner Rice granting approval and authorizing execution of an
Interlocal Agreement between Monroe County and the Key Largo Wastewater Treatment
District, pursuant to previous approval and direction by the Board, to reimburse the District.
Motion carried unanimously.
COUNTY ADMINISTRATOR
The following representatives from the Florida Department of Transportation addressed
the Board concerning the Intelligent Highway Features (digital monitoring signs): Jesus A.
Martinez, P.E. ITS Administrator; Omar Meitin, Program Manager/Keys Projects; Roy Santana,
District Traffic Operations Engineer; and Gus Pego, Director of Operations. The following public
speaker addressed the Board: June Helbling. No official action was taken by the Board.
COUNTY ATTORNEY
Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner
McCoy and seconded by Commissioner Rice granting approval and authorizing execution of a
Stipulated Settlement Agreement in Department of Community Affairs v. Monroe County and
DC6, L.L.C, DOAH Case No. 03-4852. Motion carried unanimously.
COMMISSIONERS' ITEMS
Bill Hennessey, President/CEO of Ambiance Sun addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the
following Resolution recognizing TransFloridian as a luxury means of travel into the Florida Keys.
Motion carried unanimously.
RESOLUTION NO. 213-2005
Said Resolution is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution authorizing a transfer of
real property to the Key Largo Volunteer Ambulance Corps for purposes of maintaining an
advanced life support ambulance service facility on Key Largo. There was no public input.
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Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 214-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving a Beneficial
Use Determination Recommended Order upon the application of Merrick and Suzanne Kalan.
Marlene Conaway, Planning Director addressed the Board. There was no public input. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 215-2005
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Tom Willi, County Administrator requested clarification of the Board's position relating to
the digital monitoring signs. The Administrator was requested to send a strongly worded letter to
the Florida Department of Transportation requesting that they stop all action on this project until
this matter can be resolved by the Board.
Commissioner Nelson excused himself from the meeting.
Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Neugent granting approval and authorizing execution of an
Addendum to Agreement between Monroe County and the State of Florida Department of
Health for the operation of the Monroe County Health Department. Motion carried unanimously,
with Commissioner Nelson not present.
Commissioner Nelson returned to the meeting and took his seat.
Mr. Willi addressed the Board concerning recent Dade County Commission actions
regarding the proposed annexation of property by Florida City and expansion of the Urban
Development Boundary (UDB).
COUNTY ATTORNEY
The Board accepted the June 2005 written litigation report from Bob Shillinger, Assistant
County Attorney.
Mr. Shillinger reported to the Board concerning the recent jury verdict which found no
breach on behalf of Post, Buckley, Schuh & Jernigan. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Neugent not to appeal the verdict. Roll call
vote was unanimous.
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Mr. Shillinger discussed the State Attorney General/Medicaid Fraud Unit Medicaid billings
litigation and an agreed upon Medicaid billing protocol.
Mr. Shillinger requested approval to advertise and schedule a closed attorney-client
session of the BOCC on July 20, 2005 or some other date to discuss strategy related to litigation
expenditures in the case of Collins, et al. v. Monroe County v. State of Florida. Motion was
made by Commissioner Nelson and seconded by Commissioner Neugent to hold a closed
attorney-client session of the BOCC to discuss I) Collins, et al v. Monroe County v. State of
Florida, and 2) Galleon Bay vs. Monroe County v. State of Florida to be held on Tuesday, June
21,2005 at 10:00 AM. in the Marathon Library. Motion carried unanimously.
Mr. Shillinger addressed the Board concerning options in Monroe County v. Mary Boza
and, alternatively, approval to sell Mrs. Boza's property at auction. Henry Boza made a
presentation of settlement options. After discussion, motion was made by Commissioner McCoy
and seconded by Commissioner Neugent granting approval for the County Attorney's Office to
settle the matter in the amount of $7,300 with terms to be negotiated by the County Attorney.
Motion carried unanimously.
PUBLIC HEARINGS
The second of two Public Hearings was held to consider adoption of an Ordinance
adopting an Interim Development Ordinance for the U.S. Highway 1 Corridor between Tavernier
Creek and Mile Marker 97; Establishing the boundaries thereof; Deferring the acceptance of
development applications until design standards and guidelines are adopted; Providing for
exemptions; Providing for transmittal to the Department of Community Affairs (DCA); Providing
for expiration within six months after the effective date of the Livable CommuniKeys Master Plan
Tavernier Creek to Mile Marker 97 or upon adoption of design standards and design guidelines,
whichever comes first. There was no public input. Motion was made by Commissioner Rice and
seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 011-2005
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held to consider adoption of an Ordinance
adopting an Interim Development Ordinance for the Tavernier Historic District Overlay;
Establishing the boundaries thereof; Deferring the acceptance of development applications until
design standards and guidelines are adopted; Providing for exemptions; Providing for an effective
date; Providing for transmittal to the Department of Community Affairs (DCA); Providing for
expiration within six months after the effective date of the Livable CommuniKeys Master Plan for
Tavernier Creek to mile marker 97 or adoption of design standards and guidelines, whichever
comes first. There was no public input. Motion was made by Commissioner Nelson and
seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried
unanimously.
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ORDINANCE NO. 012-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance to extend an interim
moratorium deferring ROGO and NROGO Allocations in areas of two acres or greater containing
tropical hardwood hammock or pinelands within any conservation and natural area as established
by Ordinance 018-2004 until Land Development Regulations and Comprehensive Plan
Amendments implementing the work program mandated by Rule 28-20.100 F.A.C. are drafted
and adopted by the County Commission, and providing for expiration within six months of the
date of adoption of this Ordinance by the Board of County Commissioner, whichever first occurs.
Tim McGarry, Growth Management Director addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 013-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance amending the Monroe
County Land Development Regulations, Chapter 9.5, Section 349(b) and 349(0), regarding
Shoreline Setbacks; Providing for severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code; Providing for
an effective date; and providing for transmittal to the Department of Community Affairs (DCA) in
accordance with Florida Statutes. The Board accepted public input with the following individuals
addressing the Board: Burke Cannon, and Richard Lancaster, representing Hammer Point
Owner's Association. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 014-2005
Said Ordinance is incorporated herein by reference.
The first oftwo Public Hearings was held to consider adoption of an Ordinance adopting
an Interim Development Ordinance (IDO) deferring the acceptance and processing of
Development Applications and the issuance of Development Approvals for the redevelopment ftftd
or conversion of ten five units or more of multifamily rental housing and/or mobile home parks or
requests for a Land Use District Zoning Map Amendment from Urban Residential Mobile Home
(URM) and Urban Residential Mobile Home-Limited (URM-L) to any other District Designation
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 120 ~ 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: Angel M. Moran, Norma Mendoza, and Tim
Koenig. Tim McGarry, Growth Management Director and Richard Collins, County Attorney
addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded
by Commissioner Rice to proceed using the pending Ordinance doctrine approach to handling this
situation. Staff is specifically directed not to accept any applications affecting those properties
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until further notice from this Board using definitions in Sections 2 and 3 of the proposed IDO,
effective March, 2005. Roll call vote was unanimous.
The second of two Public Hearings was held to consider adoption of an Ordinance
adopting an Interim Development Ordinance (IDO) deferring the 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 addressing the Board: Tim
Koenig, Jim Hendrick, representing Peter Bacle/Stock Island Lobster; and Mark Alhadeff,
representing O.B. Key Largo. Marlene Conaway, Planning Director addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
create the moratorium. During discussion, the motion was withdrawn. Motion was then made by
Commissioner McCoy and seconded by Commissioner Nelson to continue this hearing to the July
Board meeting in Key West. Roll call vote was unanimous.
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
~al-c./c,~
Isabel C. DeSantis, Deputy Clerk