10/19/2005 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/238
Regular Meeting
Board of County Commissioners
Wednesday, October 19, 2005
Key West, Florida
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 Danny
L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Bob Shillinger, Assistant 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.
CLOSED SESSION
The Closed Session scheduled to be held with the Board, County Administrator Tom
Willi, Assistant County Attorney Bob Shillinger, outside counsel for the County, Wayne Smith,
Esq., and a certified court reporter to discuss the Monroe County v. Post, Buckley, Schuh &
Jernigan litigation, was postponed.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of 30 year retirement plaque to Eva Limbert for services to Monroe County,
former Grants Coordinator, Social Services Department.
Presentation of Years of Service Award for 25 years of service to Monroe County to Fred
Gartenmayer, Plumbing Foreman, Facilities Maintenance Department, Public Works Division.
Presentation of Years of Service Award for 15 years of service to Stanley Webb III,
Firefighter/Paramedia.
Presentation of Employee of the Month Award for June, 2005, to William DeSantis,
Foreman, Sr. Landscaper, Facilities Maintenance Department, Public Works Division.
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Presentation of the Florida Keys Council for People with Disabilities Award to Sabrina
Maria Alfonso, Music Director of the Key West Symphony Orchestra, for her dedicated service
and innovative leadership.
Presentation of Mayor's Proclamation recognizing November 6th through 12th, 2005 as
Just 4 Kids Week.
Presentation of Mayor's Proclamation proclaiming September 27th through October 14th,
2005 as Hispanic Heritage Weeks.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson
granting approval of the following items by unanimous:
Board granted approval for Republic Parking System to continue Parking Lot
Management at the Key West International Airport on a month to month basis, pending approval
of an extension agreement.
Board granted approval of operating budget for Republic Parking System for the period of
November 1, 2005 through October 31, 2006, for Parking Lot Management at the Key West
International Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-01 between Monroe County and URS for General Consultants Services for the Key West
International Airport, and the Florida Keys Marathon Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-04 between Monroe County and URS for the Noise Insulation Program Coordinator for
the Key West International Airport.
Board granted approval and authorized execution of Purchase Service Order No.
05/06-03 between Monroe County and URS for a Noise Contour Update, for the Key West
International Airport.
Board granted approval to extend Agreement with Synagro Southeast, Inc. for the
operation and maintenance of the Florida Keys Marathon Airport Terminal Sewage Treatment
Plant, on a month -to -month basis, effective October 1, 2005.
Board adopted the following Resolutions concerning Transfer of Funds, Receipt of
Unanticipated Revenue, and Amending:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 365-2005
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 366-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO.367-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO.368-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 369-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No.6),
RESOLUTION NO.370-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO.371-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO.372-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 373-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 374-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 375-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO.376-2005
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 377-2005
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 378-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 379-2005
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO.380-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the following Human Service
Organizations funded by the County for Fiscal Year 2006, for which funding recommendations
are made by the Human Services Advisory Board: The Care Center for Mental Health, in the
amount of $345,000.00; Good Health Clinic, Inc., in the amount of $17,995.00; Guidance Clinic
of the Middle Keys, Inc., in the amount of $847,054.00; Hospice of the Florida Keys, in the
amount of $50,000.00; Rural Health Network of Monroe County, Florida, Inc., in the amount of
$100,000.00; Womankind, Inc., in the amount of $55,000.00; AIDS Help, Inc., in the amount of
$36,000.00; American Red Cross of Greater Miami and the Keys, in the amount of $30,000.00;
Catholic Charities, Inc., in the amount of $10,000.00; Domestic Abuse Shelter, in the amount of
$40,000.00; The Florida Keys Children's Shelter, Inc., in the amount of $220,000.00; Florida
Keys Outreach Coalition, Inc., in the amount of $68,856.00; Fountains of Living, Inc., in the
amount of $5,000.00; The U.S. Fellowship of Florida, Inc., in the amount of $60,000.00; The
Monroe Association of Retarded Citizens (MARC), Inc., in the amount of $194,868.00; PACE
Center for Girls, Inc., in the amount of $30,000.00; Samuel's House, Inc., in the amount of
$90,000.00; Wesley House Family Services, Inc., in the amount of $172,100.00; Art Behind Bars,
Inc., in the amount of $2,500.00; Big Brothers and Big Sisters, Inc., in the amount of
$30,000.00+; Boys and Girls Club, Inc., in the amount of $50,000.00; Caring Friends for Seniors,
Inc., in the amount of $5,000.00; Keys Advocacy Center, Inc., d/b/a Center for Independent
Living of the Keys, in the amount of $5,000.00; Florida Keys Area Health Education Center, Inc.,
in the amount of $12,000.00; Grace Jones Community Center, Inc., in the amount of $80,000.00;
Helpline, Inc., in the amount of $20,000.00; National Heritage Foundation, in the amount of
$25,000.00; Literacy Volunteers of America - Monroe County, Inc., in the amount of $12,000.00;
and Monroe County Education Foundation, Inc., in the amount of $25,000.00.
Board granted approval and authorized execution of the following Contracts with
Non -Profit Service Organizations funded by the County for Fiscal Year 2006. These
organizations do not apply to the Human Services Advisory Board; they are funded directly by the
Board of County Commissioners as line items in the Budget: Big Pine Athletic Association, Inc.,
in the amount of $45,000.00; The Exotic and Wild Bird Rescue of Florida Keys, Inc., in the
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amount of $14,000.00; The Florida Keys Wild Bird Rehabilitation Center, Inc., in the amount of
$20,000.00; Heart of the Keys Recreation Association, Inc., in the amount of $40,000.00; The
Historic Florida Keys Foundation, in the amount of $30,000.00; The Marathon Wild Bird Rescue,
Inc., in the amount of $14,000.00; Monroe Council of the Arts Corporation, d/b/a Florida Keys
Council of the Arts, in the amount of $120,000.00; Rural Health Network of Monroe County,
Florida, Inc., in the amount of $300,000.00; Upper Keys Community Pool, Inc., d/b/a Jacob's
Aquatic Center of Key Largo, in an amount not to exceed $225,000.00; and YMCA of Greater
Miami, Inc., in the amount of $15,000.00.
Board granted approval and authorized execution of a Federally -Funded Subgrant
Agreement between Monroe County and the Department of Community Affairs concerning a
Homeland Security Grant, 06-DS-3W-11-54-01, in the amount of $36,322.00.
Board granted approval, acting as Plan Administrator of the Length of Service Award
Plan (LOSAP) to disburse funds to three eligible participants of the plan, Carol MacLaren with a
monthly benefit of $150.00 commencing July 1, 2004, Dwight Beal with a monthly benefit of
$180.00 commencing June 1, 2005, and Joe Prime with a monthly benefit of $180.00 commencing
September 1, 2005.
Board granted approval and authorized execution of a Contract Agreement Addendum
between Monroe County, acting as Board of Governors for MSTD 6, and Medtronic
Physio-Control for the preventative inspection and maintenance of biomedical equipment in the
amount of $6,380.00 for an additional one (1) year period.
Board adopted the following Resolution supporting Special Act Legislation to dissolve the
Upper Florida Keys Hospital District.
RESOLUTION NO.381-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of 2005-2006 Nutrition Services
Incentive Program (NSIP) (formerly USDA) Rate Agreement, Contract No. US-651 between
Alliance for Aging and the Monroe County Nutrition Program, and execution of Amendment 001
to Contract US-651.
Board granted approval and authorized execution of Amendment 002 to Older Americans'
(OAA) Contract No. AA529 between Monroe County and Alliance for Aging, Inc. to reflect the
requested Title transfers and adjust the approved allocation under each title.
Board granted approval and authorized execution of Amendment 003 to Older Americans'
(OAA) Contract No. AA529 (1/l/05-12/31/05) between Monroe County/Monroe County Social
Services and Alliance for Aging, Inc. of Dade land Monroe Counties to increase Title C 1 by
$15, 000 and the Title C2 by $18, 973 .
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Board granted approval and authorized execution of the Florida Department of State,
Division of Library and Information Services, State Aid to Libraries Grant Agreement.
Board granted approval to modify the fee structure for the use of Government meeting
rooms, and Channel 76 televising costs.
Board granted approval and authorized execution of a new Interlocal Agreement between
Monroe County and the City of Marathon for the Use of the Meeting Room at the Marathon
Government Center, and the televising of Marathon City Council Meetings.
Board granted approval and authorized execution of a Contract Renewal between Monroe
County and Mowrey Elevator Services, Inc. for complete elevator service and maintenance for all
Monroe County Elevators.
Board granted approval and authorized execution of two Lease Amendments (Beach
Chair & Umbrella Rentals and Sailboat Rentals) between Monroe County and Tropical
Watersports, Inc. to waive fees for the months Higgs Beach was closed due to Hurricane activity
(July, August, and September 2005).
Board granted approval to piggyback on Pasco County's bid and purchase two (2) new
Rollers from Nortrax Equipment Co. in the total amount of $105,246.00, and adopted the
following Resolution concerning the transfer of funds.
RESOLUTION NO.382-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Disaster Relief Funding Agreement
No. 06-KT-B&-11-54-01-516 between Monroe County and the State of Florida, Department of
Community Affairs for expenses related to Hurricane Katrina.
Board granted approval to apply for the Monroe County Sheriffs Office Livescan
Workstation Grant Application 2005-2006 from the Florida Department of Law Enforcement,
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
Board granted approval of the receipt of 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 of 09/06/05 - 10/04/05.
Board granted approval to rescind Agreement as approved on July 20, 2005, and
authorized execution of a revised Joint Participation Agreement (JPA) between Monroe County
and the Florida Department of Transportation to complete stormwater management
improvements at various locations along the US Highway 1 corridor, subject to approval of
County Attorney and FDOT.
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Board granted approval and authorized execution of an Agreement between Monroe
County and the Morganti Group, Inc. to serve as Advisor during Design and General Contractor
for construction of the new McCoy Terminal Complex at the Key West International Airport
Terminal in the amount of 14.8% of the Guaranteed Maximum Price (GMP) as defined in the
"Agreement between the County and Construction Manager".
Board granted approval of three new positions for the Engineering Division to manage the
work primarily associated with the Key West Airport Project.
Board granted approval to award Public Works surplus equipment as described in the
Recap of Bid Opening (Items 2, 4, 5, 12, 18 & 19). Said list is incorporated herein by reference.
Board granted approval and authorized execution of an Addendum to Contract between
Monroe County and Keys Security, Inc. for services to the Duck Key Security District.
Board granted approval of a Request to Purchase computer equipment from Dell
Computers, Inc. The purchase of 100 computers was budgeted and approved in the Fiscal Year
2006 Technical Services budget, and the County will save buying these computers in bulk.
Board granted approval to award and authorized execution of an Agreement between.
Monroe County and The Tower Group, Inc., - Construction Manager to serve as Advisor during
Design and General Contractor for construction of the new Murray E. Nelson Government and
Cultural Center/Upper Keys Government Center) in Key Largo, in the amount of 16.5% of the
Guaranteed Maximum Price (GMP) as defined in the Agreement.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Premiere Racing, Inc. covering Key West Race Week 2006 between
January 15, 2006 and January 20, 2006 in an amount not to exceed $54,500, DAC I, FY 2006
Event Resources.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West covering the White Street Pier Lighting Replacement
Project in an amount not to exceed $100,000, DAC I, FY 2006, Capital Project Resources.
Board granted approval and authorized execution of an Interlocal Grant Award
Agreement between Monroe County and the City of Marathon for the Coco Plum Beach
Amenities Improvement Project in an amount not to exceed $66,310, DAC III, FY 2006 Third
Penny Capital Project Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Rotary Club of the Upper Keys, Inc. covering the 1 Ith Annual
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Gigantic Nautical Flea Market on February 25-26, 2006 in an amount not to exceed $15,000,
DAC IV, FY 2006, Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Greater Marathon Chamber of Commerce, Inc. covering The
Original Marathon Florida Keys Seafood Festival on March 18-19, 2006 in an amount not to
exceed $10,000, DAC III, FY 2006, Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc.
covering the Terry Cassidy's Pickin' Party on February 5, 2006 in an amount not to exceed
$6,000, DAC II, FY 2006, Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Key Largo Chamber of Commerce, Inc. covering the Key Largo
Chamber of Commerce Island Jubilee on November 4-5, 2006 in an amount not to exceed
$15,000, DAC V, FY 2006, Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Islamorada Chamber of Commerce, Inc. covering the Florida Keys
Island Festival on May 20-21-2006 in an amount not to exceed $35,000, DAC IV, FY 2006 Third
Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Lower Keys Chamber of Commerce, Inc. covering the Lower Keys
Jazz Festival and Art Show on April 9, 2006 in an amount not to exceed $6,000, DAC II, FY
2006, Third Penny Event Resources.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Hog's Breath Saloon of Key West, Inc. covering the Key West
Songwriters Festival on May 3-7, 2006 in an amount not to exceed $24,000, DAC I, FY 2006,
Third Penny Event Resources.
Board granted approval and authorized execution of an Grant Award Agreement between
Monroe County and Florida Keys Land and Sea Trust, Inc. covering the Beautification and
Enhancement, Phase 1A and 1B Project in an amount not to exceed $300,000, DAC III, FY
2006, Capital Project Resources.
Board granted approval and authorized execution of an Grant Award Agreement between
Monroe County and Dolphin Research Center covering the Replacement of the Fish Freezer and
the Restoration of the Front Sign Project in an amount not to exceed $93,962, DAC III, FY 2006,
Capital Project Resources.
Board granted approval and authorized execution of the following Cultural Umbrella
Event Funding Agreements for FY 2006, totaling $402,547.00: "Man, 3000 Years Under the
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Sea", in the amount of $25,000.00; "Silver!: Plata Del Mar", in the amount of $25,000.00; In
Their Own Words, The History of Key West, 1822-1940, in the amount of $23,000.06; Island
Opera Theatre Concert Series, in the amount of $15,885.00; Key West Players at the Waterfront
Playhouse, in the amount of $21,000.00; Marathon Community Theatre 2005-2006 Season, in the
amount of $22,897.00; Performance at St. Paul's, in the amount of $5,000.00; Red Barn
Theatre/Live Theatre, in the amount of $23,000.00; The Key Players 2005/2006 Season, in the
amount of $20,810.00; Key West Symphony Orchestra 2005-2006 Season, in the amount of
$21,000.00; The Key West Pops Orchestra, in the amount of $8,760.00; Tennessee Williams
Theatre 2005-2006 Season, in the amount of $21,000.00; (1) Annual Benefit Concert (featuring
Maynard Ferguson); (2) Historic Holiday Candlewalk; (3) 2006 Upper Keys Concert Series; (4)
St. Patrick's Day Irish Concert, in the amount of $25,000.00; KWCA Impromptu Concerts, in the
amount of $8,760.00; Pirates in Paradise Festival 2005, in the amount of $8,760.00; Florida Keys
Art Guild, Outdoor Shows, in the amount of $14,730.00; Pops in the Park, in the amount of
$7,550.00; Florida Keys Holiday Festival, in the amount of $2,183.00; Marathon Garden Club's
2005/2006 Seasonal Events, in the amount of $15,278.00; 46th Annual Key West House and
Garden Tours and 44th Annual Conch Shell Blowing Contest, in the amount of $13,760.00;
Middle Keys Concert Series, in the amount of $5,862.00; Art Under the Oaks, in the amount of
$2,750.00; Sculpture Key West, in the amount of $21,000.00; Civil War Heritage Festival, in the
amount of $5,000.00; Pigeon Key Art Festival, in the amount of $11,700.00; Robert Frost Poetry
Festival 2006, in the amount of $5,000.00; Harry S. Truman Legacy Symposium and Exhibit, in
the amount of $13,762.00; and 22nd Annual Underwater Music Festival AquaCulture-Music and
Art in the Key of Sea, in the amount of $9,100.00.
Board granted approval and authorized execution of a Grant Award Agreement between
Monroe County and Marathon Garden Club, Inc. covering the Roof and Parking Lot repair
projects in an amount not to exceed $4,046.00, DAC III, FY 2006, Capital Project Resources.
Board granted approval and authorized execution of the following Fishing Umbrella Event
Funding Agreements for FY 2006, totaling $277,850: Take Stock in Children Backcountry
Challenge, in the amount of $2,500; Islamorada Sailfish Tournament, in the amount of $7,000;
Don Gurgiolo Sailfish Classic, in the amount of $3,300; Islamorada Junior Sailfish Tournament, in
the amount of $2,100; Key Largo Sailfish Challenge, in the amount of $4, 000; The 21 st Annual
Holiday Isle Sailfish Tournament, in the amount of $3,325; Hog's Breath King Mackeral
Tournament, in the amount of $15,000; Islamorada Women's Sailfish Tournament, in the amount
of $2,000; 8th Annual Capt. Leon Shell Memorial Sailfish Tournament, in the amount of $5,000;
Key West Fishing Tournament, Inc., in the amount of $43,000; Islamorada All -Tackle Spring
Bonefish, in the amount of $2,000; Mercury Redbone @ Large Sunset Tarpon Tournament, in the
amount of $5,000; Ghost Hunt, in the amount of $5,000; World Sailfish Championship, in the
amount of $34,000; Key West Classic, in the amount of $15,000; 40th Annual Marathon
International Tarpon Tournament, in the amount of $8,000; 30th Annual Ladies Tarpon
Tournament, in the amount of $6,000; Coconuts Dolphin Tournament, in the amount of $11,500;
20th Annual Faro Blanco Invitational Tarpon Tournament, in the amount of $3,000; Yamaha
Dolphin Masters Invitational, in the amount of $1,000; Big Pine & Lower Keys Dolphin
Tournament, in the amount of $8,000; Don Hawley Tarpon Tournament, in the amount of
$2,000; 20th Annual Father's Day Dolphin Derby, in the amount of $4,500; Gold Cup Tarpon
n
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Tournament, in the amount of $2,000; Burdines Waterfront 6th Annual Dolphin and Blackfin Fun
Fishing Tournament, in the amount of $5,000; Key West Gator Club Dolphin Derby, in the
amount $6,000; Conch Republic Ladies Dolphin Championship, in the amount of $1,000; Holiday
Isle/Caribee 21st Dolphin Tournament, in the amount of $3,325; Del Brown Invitational Permit,
in the amount of $1,000; Key West Marlin Tournament, in the amount of $22,600; "Ladies Let's
Go Fishing!" Reel at the Reef, in the amount of $2,000; Mercury Redbone @ Large Little Palm
Island Grand Slam, in the amount of $4,500; Mercury Redbone Celebrity S.L.A.M. Tournament,
in the amount of $11,000; Islamorada Invitational Fall Fly Fish Bone Tournament, in the amount
of $2,000; Mercury Outboards Bonefishing World Championship Islamorada All -Tackle
Bonefishing Tournament, in the amount of $2,000; "Ladies Let's Go Fishing!" Islamorada, in the
amount of $2,500; Mercury Redbone Celebrity Baybone Tournament, in the amount of $10,000;
Marathon Sailfish Season Opener, in the amount of $5,000; Mercury Cheeca/Redbone Celebrity
Tournament; in the amount of $5,700.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West covering the Smathers and Rest Beach Cleaning and
Maintenance in an amount not to exceed $380,000 per year, DAC I, Third Penny, Capital
Resources.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts
to supplement costs of tourist related programs in an amount not to exceed $72,500.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of Contract Amendment 1 between
Monroe County and RMPK for the Florida Keys Scenic Highway Interpretive Master Plan.
Board adopted the following Resolution approving for Year 14, from July 13, 2005 to
July 13, 2006, sixteen thousand square feet on Non -Residential Floor Area to be available in
bi-annual allocations, the 1st allocation of 8,000 square feet in January 2006 and the remainder to
be held in reserve for the 2nd allocation in July 2006, and limiting allocations to 2,500 square feet
or less.
RESOLUTION NO.383-2005
Said Resolution is incorporated herein by reference.
Board granted approval to advertise a Request for Qualifications for Professional Sefvices
to manage and undertake the task of removing all Florida Exotic Pest Plant Council listed species
within the Overseas Heritage Trail and Scenic Highway right-of-way, review and rank proposals
and recommend a firm to the Board of County Commissioners.
Board accepted the written Growth Management Litigation Report dated October 6, 2005
from Derek Howard, Esq., of the firm Morgan & Hendrick.
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2005/248
Board granted approval and authorized execution of a Contract for Services between
Monroe County and Spirit Marine Towing and Assistance to remove 7 vessels from Boca Chica
Harbor at a cost of $25,100.
MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution Approval of A Resolution of the Board of
County Commissioners of Monroe County, Florida providing for a subordination of mortgage for
property encumbered by a mortgage to Monroe County in conjunction with the Monroe County
State Housing Initiatives Partnership (SHIP) Program.
RESOLUTION NO. 384-2005
Said Resolution is incorporated herein by reference.
MONROE COUNTY HEALTH DEPARTMENT
Board granted approval and authorized execution of the Annual Core Contract between
BOCC and the Department of Health, Monroe County Health Department for the following
services provided in Monroe County: Immunization, Sexually Transmitted diseases, AIDS, TB,
Communicable Disease surveillance, Hepatitis & Liver failure prevention, Public Health
preparedness, Vital Statistics, Chronic disease prevention, WIC, Family Planning, Healthy Start,
Child Health, School Health Adult Health, Dental Health, Environmental Health, Coastal Beach
Monitoring, Food Hygiene, Body Art, Lead Monitoring, Storage Tank Compliance, Pools and
Bathing places, individual Sewage, Biomedical Waste, Tanning facility, Water Pollution, Air
Pollution.
COMMISSIONERS' ITEMS
Board ratified the Mayor's signature for Catholic Charities Homeless Prevention Grant
Application to the State of Florida Department of Children and Families Office on Homelessness
Board granted approval of the appointment of Mayor of Key West, Morgan McPherson to
the Tourist Development Council to replace City Commissioner Scales, III who chose not to run
for re-election. The Mayor's appointment will fulfill Commissioner Scales appointment which
ends 12/17/07.
Board granted approval of an Amendment to the Board of County Commissioners
Administrative Procedures regarding appointments for various boards. The clarification will be
notwithstanding Robert's Rule of Order, appointments by the County Commission to
Committees, Advisory Boards, Councils,. Commissions and similar bodies established by
Resolution, Ordinance or Florida Statue shall be by affirmative vote of not less than three of the
five members of the County Commission, unless otherwise stated in the enabling Resolution,
Ordinance or Statute creating the Committee, Board, Council, Commission or Body.
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COUNTY CLERK
Board granted official approval of the Board of County Commissioners minutes from the
July 14, 20, & 21, 2005 meetings. (previously distributed)
Board granted approval of the following Warrants (117310-118276 & 208816-208900):
General Fund (001), in the amount of $1,272,199.00; Fine & Forfeiture Fund (101), in the
amount of $71,718.14; Road and Bridge Fund (102), in the amount of $73,389.66; TDC
District Two Penny (115), in the.amount of $150,630.72; TDC Admin. & Promo 2 Cent
(116), in the amount of $231,553.57; TDC District 1, 3 Cent (117), in the amount of
$261,968.72; TDC District 2, 3 Cent (118), in the amount of $35,733.50; TDC District 3, 3
Cent (119), in the amount of $26,487.44; TDC District 4, 3 Cent (120), in the amount of
$54,663.28; TDC District 5, 3 Cent (121), in the amount of $57,884.44; Gov. Fund Type
Grants (125), in the amount of $226,101.45; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $116,049.85; Upper Keys Health Care (144), in the amount of $1,712.29; Fire &
Amb Dist 6 Key Largo (146), in the amount of $53,862.21; Uninc Svc Dist Parks & Rec
(147), in the amount of $116,017.64; Plan, Build, Zoning (148), in the amount of $146,772.30;
Municipal Policing (149), in the amount of $10.42; 911 Enhancement Fee (150), in the amount
of $34,710.75; Duck Key Security (152), in the amount of $91.80; Local Housing Assistance
(153), in the amount of $7,168.75; Boating Improvement Fund (157), in the amount of
$74,337.48; Misc. Special Revenue Fund (158), in the amount of $30,559.28; Environmental
Restoration (160), in the amount of $15,300.00; Marathon Municipal Service (166), in the
amount of $394.02; Conch Key Wastewater MSTU (167), in the amount of $0.09; Key Largo
Wastewater MSTU (170), in the amount of $45,338.32; 1 Cent Infra Surtax (304), in the
amount of $513,424.75; 2003 Revenue Bonds (307), in the amount of $6,254.01; Card Sound
Bridge (401), in the amount of $4,517.31; Marathon Airport (403), in the amount of
$134,751.14; Key West Intl. Airport (404), in the amount of $643,279.19; MSD Solid Waste
(414), in the amount of $438,188.39; Worker's Compensation (501), in the amount of
$13,000.00; Group Insurance Fund (502), in the amount of $177,825.48; Risk Management
Fund (503), in the amount of $122,331.09; Fleet Management Fund (504), in the amount of
$92,558.98.
Board granted approval of Tourist Development Council Expenditures for the month of
September, 2005: Advertising, in the amount of $500,006.14; Bricks & Mortar, in the amount of
$89,664.09; Visitor Information Services, in the amount of $33,333.32; Events, in the amount of
$34,915.84; Office Supplies& Oper Costs, in the amount of $12,037.91; Public Relations, in the
amount of $69,634.62; Sales & Marketing, in the amount of $73,962.88; Telephone & Utilities, in
the amount of $3,827.80; Travel, in the amount of $9,070.57.
Board granted approval to remove surplus equipment from inventory via disposal. Said
inventory listing is incorporated herein by reference.
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COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the acceptance of certain Key Largo,
Marathon, Cudjoe Key, and Big Coppitt Key Properties from the Monroe County Comprehensive
Plan Land Authority for Affordable Housing.
RESOLUTION NO. 385-2005
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Advanced Data Solutions, Inc., Contract # 101-555-2565, for IT
Consulting Services.
Board granted approval and authorized execution of a Professional Services Agreement
between Monroe County and Carroll Consulting, Inc. for organizational and management
consulting services.
Board adopted the following Resolution authorizing acceptance of certain real property in
Mandalay Subdivision on Key Largo from the Monroe County Housing Authority for affordable
housing.
RESOLUTION NO.386-2005
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Board granted approval for the County Attorney to negotiate settlement of claim by Four
Star Rental against the Count in an amount up to $18,878.00.
Board granted approval of payment to White & Smith, LLC. for professional legal
services rendered in the amount of $85,409.70 (their Invoices #161 and #187).
Board granted approval and authorized execution of First Addendum to the Interlocal
Agreement between Monroe County and the City of Marathon for the Rehabilitation of the Boot
Key Bridge. `
Board granted approval to substitute standard form `EXHIBIT A" for Letter of
Engagement used as "EXHIBIT A" for contract for legal services of William Brinton, Esq.
Board granted approval and authorized execution of an Amendment to Hangar
Development, Taxilanes and Apron Contract between Monroe County and D. L. Porter
Constructors, Inc.
Motion carried unanimously.
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MISCELLANEOUS BULK APPROVALS
Public Works Director, Dent Pierce addressed the Board. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Nelson granting approval to issue a
Purchase Order to sole source vendor Carrier Commercial Services in the amount of $151,088 for
two (2) new chillers for the Gato Building, Key West; and adopted the following Resolution
concerning the transfer of funds. Motion carried unanimously. The Board then directed Staff to
bring back a future agenda item that Monroe County make a policy that all new outside
air-conditioning units be required to be "coastal".
RESOLUTION NO.387-2005
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
The Board discussed approval of two (2) "At Large" appointments to the Tourist
Development Council District H Advisory Committee. After discussion, motion was made by.
Commissioner Neugent and seconded by Commissioner McCoy appointing Rosie Ladrie and
Kevin Freestone. Motion carried unanimously.
The Board discussed approval of one (1) "At Large" appointment to the Tourist
Development Council District III Advisory Committee. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner McCoy appointing Lynda Berrigan. Motion
carried unanimously: -
STAFF REPORTS
Public Works - Dent Pierce, Public Works Director discussed the status of the cleanup of
Higgs Beach by the new contractor Evans Environmental & Geological Science & Management,
LLC (EE&G). Mr. Pierce also informed the Board that the Conch Key Fire Department had been
connected to the sewer system.
Growth Management - Tim McGarry, Growth Management Director informed the Board
that this was Planning Director Marlene Conaway's last week of employment and that there were
also other vacancies in his department. Mr. McGarry discussed work on the special protection
area maps; amending the resolution concerning Zoning in Progress (Stock Island); and the
Michael Browning property issue.
TAX COLLECTOR
Danise "Dee Dee" Henriquez, Monroe County Tax Collector presented the Board with the
excess fees check in the amount of $2,061,986.39.
STAFF REPORTS
Fire Rescue - Clark Martin, Fire Chief updated the Board concerning Hurricane Wilma.
Tom Willi, County Administrator informed the Board that the County would be closed Thursday,
October 20 and Friday, October 21 due to Hurricane Wilma. The Board then discussed a meeting
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held last week with municipalities which Commissioner Rice attended concerning hurricane
coordination/preparedness in Monroe County.
Mayor Spehar discussed the potential loss of a bridge during emergency situations as
experienced last week due to an accident on the 7 Mile Bridge. Mr. Clark informed the Board of
the Florida Department of Transportation's plans/responsibilities during such an incident.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed his item to appoint Kim Wigington to the Planning
Commission with term expiring October 31, 2007. After discussion, motion was made by
Commissioner McCoy and seconded by Commissioner Nelson to deny the appointment. Roll call
vote was taken with the following results:
Commissioner McCoy
Yes
Commissioner Neugent
No
Commissioner Rice
No
Commissioner Nelson
Yes
Mayor Spehar
Yes
Motion carried.
Monroe County Airports Director, Peter Horton addressed the Board. Peter Green,
representing URS Corporation made a Presentation concerning the Environmental Assessment
(EA) for Runway Safety Area (RSA) Improvements to the Key West International Airport. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson
granting approval, per Staff recommendation of the preferred alternative - (400 Foot RSA Width
with Minimal EMAS Length at East End, Non -Standard RSA at West End. Motion carried
unanimously.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present and
answering to roll call were Commissioner George Neugent, Commissioner David P. Rice, Mayor
Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie
Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
adopt the following Resolution authorizing the write off and deletion of $103.94 from the Fire
Rescue Accounts Receivable list. Motion carried unanimously.
RESOLUTION NO. 388-2005
Said Resolution is incorporated herein by reference.
Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting
approval and authorizing execution of a Contract Agreement Addendum between Monroe County
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and the Fire and Ambulance District 1 and Medtronic Physio-Control, for the preventative
inspection and maintenance of biomedical equipment in the amount of $14,709.00 for an
additional one (1) year period. Motion carried unanimously, with Councilman Cromartie not
present.
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.
COUNTY ADMINISTRATOR
Mr. Willi gave an update on Hurricane Wilma. The Board accepted the written report
submitted by the County Administrator dated October 5, 2005 concerning the Monthly Activity
Report for September, 2005:
Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Neugent granting approval of the proposed Monroe County
Organizational Chart and confirmation of the Administrator's appointments to Divisions. Said
document is incorporated herein by reference. Motion carried unanimously.
COUNTY ATTORNEY
Assistant County Attorney, Bob Shillinger addressed the Board concerning his written
Litigation Report, dated October 17, 2005. In addition, Mr. Shillinger discussed the litigation
concerning Stuart Kessler v. Monroe County and Tom Willi, Case No. CA K 05-1006. After
discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson
authorizing dual representation of the County and the County Administrator by the County
Attorney's Office in this matter. Motion carried unanimously.
Mr. Shillinger discussed the Federal Injunction regarding the withholding of Flood
Insurance for new construction located in Habitat for Endangered Species in Florida Key Deer v.
Michael Brown & Gale Norton, Case No. 90-10037-CIV-Moore.
WASTEWATER ISSUES
The Board discussed possible resolutions regarding level of service issues to Stock Island
property owners to improve existing wastewater system infrastructure.
STAFF REPORTS
Engineering - County Engineer, Dave Koppel updated the Board concerning Stock Island
sewering, EDUs, hookups, and right-of-way construction costs.
WASTEWATER ISSUES
Mr. Shillinger discussed cases scheduled for appearance before the Code Enforcement
Special Master concerning violations and noncompliance of wastewater connections.
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Mr. Willi reported to the Board on discussions with the Florida Keys Aqueduct Authority.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item concerning direction to Staff to investigate the
possibility of placing a 1% surcharge on all new and redeveloped building projects in Monroe
County. This surcharge would be based on the total project cost including land acquisition.
Attorney Mark Mustian, Bond Counsel with the firm Nabors & Giblin addressed the Board. Staff
indicated that a impact fee study would be conducted.
PRESENTATION
A Letter of Appreciation was presented to the Honorable Murray E. Nelson by the
Chairman of the Tourist Development Council Michael Ingram.
COMMISSIONERS' ITEMS
Mayor Spehar discussed her item for direction to open a Work Project through FEMA
and develop a contract with Monroe County Commercial Fisherman (MCCF) in an effort to
remove trap debris in the marine environment which causes a threat to life -safety and which has
resulted from the severe storm season of 2005. The County's commitment to the project will be
approximately $250,000. George Garrett, Marine Resources Director addressed the Board.
After discussion, motion was made Commissioner Nelson and seconded by Commissioner Rice
granting approval of the item. Motion carried unanimously.
Commissioner Nelson discussed his item concerning approval to direct Staff to go out
with an RFQ for contractors to build 32 units of workforce rental units at Burton Drive,
Tavernier; 13 units at Cudjoe Key, 10 units at Big Coppitt Key, and 14 units at the Mandalay
property in Key Largo. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Neugent granting approval of the item. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held to consider issuance of a Certificate of Public Convenience and
Necessity (COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS
transport ambulance service for the period October 1, 2005 to September 30, 2007. There was no
public input. County Administrator, Tom Willi addressed the Board. After discussion, motion
was made by Commissioner Nelson and seconded by Commissioner Rice granting approval to
issue a Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village of
Islands — Fire Rescue for the operation of an ALS transport ambulance service for the period
October 1, 2005 to September 30, 2007. Motion carried unanimously.
A Public Hearing was held to consider an Ordinance of the Board of County
Commissioners of Monroe County, Florida authorizing a Lump Sum Years of Service Award to
certain eligible volunteer firefighters who have provided at least ten years of fire, rescue and
emergency medical services to the residents and visitors of Monroe County and whom each have
reached the age of sixty. There was no public input. - Motion was made by Commissioner Rice
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and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 027-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance authorizing payment to appropriate
relief agency for aid to areas devastated by Hurricane Katrina; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith; and Providing an effective date.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Rice to deny the Ordinance. Motion carried unanimously. Motion was then made
by Commissioner McCoy and seconded by Commissioner Rice to set aside $100,000 for Monroe
County fishermen who have been impacted by the severe storm season of 2005 and $10,000 to
Just for Kids to assist in helping children impacted by the storm. Motion carried unanimously.
A Public Hearing was held to consider a Resolution replacing Resolution No. 211-2003
and establishing a new fee schedule for planning and development applications. There was no
public input. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 389-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance to amend the Monroe County Land
Use District Map to include a Tier Overlay Map District designation on all land in Big Pine Key
and No Name Key and designating boundaries for Tier I, Tier H and Tier III as required in the
Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan
pursuant to the criteria in Section 9.5-256; Providing for repeal of all Ordinances inconsistent
herewith; Directing the Planning and Environmental Resources Department to transmit a copy of
this Ordinance to the Florida Department of Community Affairs; and Providing for an effective
date. The Board accepted public input with the following individuals addressing the Board: H. T.
Pontin and Candace Andrus. Planning Director, Marlene Conaway discussed the item with the
Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimous.
ORDINANCE NO. 028-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance to amend the Monroe County Land
Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier
Overlay System for Big Pine Key and No Name Key by renumbering existing Section 9.5-256 to
9.5-271;. creating a new Section 9.5-256, Tier Overlay District; Providing criteria for designation
of tier boundaries for Big Pine and No Name Key; Providing a mechanism for Tier Overlay
District Map Amendments; Providing for repeal of all Ordinances inconsistent herewith; Providing
for incorporation in the Monroe County Code of Ordinances; Directing the Planning and
Environmental Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and Providing for an effective date. There was no public input.
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Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 029-2005
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider a Resolution transmitting to the Florida
Department of Community Affairs the request by Candus Andrus, Richard and Ann Buckholz,
and Frederick Zydeck to amend the Future Land Use Map (FLUM) of the Monroe County Year
2010 Comprehensive Plan for the following properties from Residential Conservation (RC) to
Residential Medium (RM). The properties are physically located on Trinidad Road and are legally
described as Block 1, Lots 1, 2, 3, and 4 Breezeswept Beach Estates, PB4-143, Ramrod Key,
Monroe County, Florida. The Real Estate numbers are, 00200790.000000, 00200800.000000,
00200810.000000 and 00200820.000000, at approximately mile marker 27.5. There was no
public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice
to adopt the following Ordinance. Motion carried unanimously.
RESOLUTION NO.390-2005
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider an Ordinance to amend the Monroe County Land
Development Regulations to create a definition for Master Planned Community, in Section
9.5-4(1VI-6.1), eliminate certain obsolete and superfluous provisions of Section 9.5-231 and
provide an exception to the Development Review Procedures and Requirements for large scale,
Master Planned Communities, providing that all conditional uses within a Master Planned
Community of greater than 100 acres are reviewed and approved in accordance with the criteria
and procedures for permitted as of right uses; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation in the Monroe County Code of Ordinances. There was no
public input. Mr. McGarry discussed the item with the Board. Motion was made by
Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 030-2005
Said Ordinance is incorporated herein by reference.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent that the
following Public Hearing items be continued to the November 16, 2005 Board meeting:
Consideration of an Ordinance amending the Monroe County Land Development
Regulations Sections 9.5-4, 9.5-124, 9.5-235, 9.5-352, 9.5-354 and 9.5-355 revising and
clarifying parking provisions and related regulations.
Consideration of proposed amendments to Section 9.5-233 Urban Residential district
(UR), 9.5-234 Urban Residential -Mobile Home district (URM), 9.5-236 Sub Urban Residential
district (SR), 9.5-237 Sub Urban Residential district (Limited) (SR-1) , 9.5-238 Sparsely Settled
district (SS), 9.5-239 Native Area district (NA) , 9.5-241 Offshore Island district (OS), 9.5-242
Improved Subdivision district (IS); 9.5-242.5 Improved Subdivision district -Vacation Rental
district (IS-V), to implement Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 which grandfather
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nonresidential uses in certain residential land use districts that were rendered nonconforming by
the 2010 Comprehensive Plan.
Consideration of an ordinance to create Section 9.5-123.1 and revise Section 9.5-4 and
Section 9.5-266 (Affordable Housing) of the Monroe County Land Development Regulations.
Consideration of an Ordinance amending Sections 9.5-292(e)(4) and (f)(2) of the Monroe
County Code, surface water management criteria.
Motion carried unanimously.
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
&4q4t�
Isabel C. DeSantis, Deputy Clerk