03/20/2002 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 20, 2002
Marathon, Florida
2002/52
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie
Spehar, Commissioner Nora Williams, and Mayor Charles "Sonny" McCoy. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County
Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio;
and the general public.
All stood for the Invocation and Pledge of Allegiance.
Commissioner Spehar addressed the Board concerning a recent e-mail sent to her
concerning mammograms and announced the web site address as thebreastcancersite.com.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Williams
granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of Years of Service Award for 25 years of service to Monroe County to
Reggie Paros, Director, Division of Public Safety.
Presentation of Years of Service Award for 15 years of service to Monroe County to
Kathrine Garner, Staff Assistant, Pollution Control, Solid Waste Management, Public Works
Division.
Presentation of Employee of the Month Award for the month of November 2001, to Gary
Boswell, Firefighter/Operation Shift Supervisor, Emergency Medical Services, Division of Public
Safety.
BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval of the following items:
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Board granted approval and authorized execution of a Land Lease between Monroe
County and the Federal Aviation Administration for Air Traffic Control Tower (ATCT) Site,
Lease No.: DTFA06-02-L-04246.
Board granted approval and authorized execution of Purchase Service Order No.
O1/02-14 between Monroe County and URS for environmental permitting for the Key West
Airport T-Hangar Project.
Board granted approval and authorized execution of Purchase Service Order No.
O1/02-12 between Monroe County and URS to provide a noise contour update for the Key West
International Airport.
Board granted approval and authorized execution of Supplemental Joint Participation
Agreement No. 1, Contract No.: AL023 between Monroe County and Florida Department of
Transportation to provide funding for the Key West International Airport Terminal Modification
project.
Board granted approval to submit Passenger Facility Charge Revenue Application #6 to
the Federal Aviation Administration.
Board granted approval of Key West International Airport Security Expenditure Plan.
Board granted approval and authorized execution of a Renewal Agreement for operation
of the Key Largo Animal Shelter between Monroe County and Humane Animal Care Coalition,
Inc. in the amount of $210,607.48 per year.
Board granted approval and authorized execution of Diesel Fuel & Unleaded Gasoline
Supplier Contract between Monroe County and Dion Oil Co. (the low bidder).
Board granted approval to piggyback on previous bid and purchase one (1) new Case
621D Wheel Loader from Briggs Equipment, provided on Florida State Contract #760-001-99-1,
Commodity Code #760-480-102 in the amount of $83,615.00.
Board granted approval of a fee increase of $50.00 per month from Synagro Southeast,
Inc. for operations and maintenance of the wastewater treatment plant located at the old Mariner's
Hospital.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Barnes' Alarm Systems, Inc., to include the Key Largo Library for alarm
system annual certification, maintenance, and monitoring.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Mowery Elevator Service, Inc. to include the elevator located in the common
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area and the dumbwaiter, located in the Property Appraiser's Office, at the Key West Courthouse
for monthly maintenance and biennial inspections.
Board granted approval and authorized execution of a Preventative Maintenance
Agreement with York International for the York Centrifugal Chiller and associated cooling tower
at Jackson Square.
Board accepted the monthly report on Change Orders reviewed by the County
Administrator.
Board granted approval and authorized execution of a Standard Form of Agreement
between Monroe County and General Asphalt Co., Inc. in the amount of $213,737.35 for Big
Pine Key Roads IX.
Board granted approval and authorized execution of a Standard Form of Agreement
between Monroe County and Bee Brothers Development, Inc. in the amount of $60,280.00 for
the Animal Shelter Sewer Collection System and Drainage.
Board granted approval and authorized execution of a Contract for Architect/Engineering
Services between Monroe County, Matthew Fowler, Architect and Thomas Timmins, P.E. for
projects under $500,000.00.
Board granted approval and authorized execution of a Contract for Architect/Engineering
Services between Monroe County and Bender & Associates, P.A. for projects under $500,000.00.
Board granted approval and authorized execution of a Contract for Architect/Engineering
Services between Monroe County and William P. Horn, Architect, P.A. for projects under
$500,000.00.
Board granted approval for Monroe County to re -enroll in a Provider Agreement with the
Florida Medicaid Program.
Board granted approval to award surplus equipment Item 1 described as a Dell Computer,
ID No. 0210-024; and Item 2 described as a NCR Server, ID No. 0211-038 to Williard T.
Robbins. Said list is incorporated herein by reference.
Board granted approval and authorized execution of USDA Rate Agreement Amendment
No. 002 to Contract US-151 between Monroe County and the Alliance for Aging, Inc. for the
Monroe County Nutrition Program.
Board granted approval and authorized execution of Amendment 001 to Contract KZ-197
for the Alzheimer's Disease Initiative for Fiscal Year 7/1/01 thru 6/30/02 between the Alliance for
Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social
Services (Monroe County In Home Service Program, the Case Management Agency).
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Board granted approval and authorized execution of Amendment 002 to Contract KH-172
for the Home Care for the Elderly for Fiscal Year 7/1/01 thru 6/30/02 (Case Management only)
between the Alliance for Aging, Inc. and the Monroe County Board of County
Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the
Case Management Agency).
Board granted approval and authorized execution of Amendment 002 to Contract KC-171
for the Community Care for the Elderly Contract for Fiscal Year 7/1/01 thru 6/30/02 between the
Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe
County Social Services (Monroe County In Home Service Program, the Case Management
Agency).
Board granted approval and authorized execution of Amendment 001 to Agreement No.
PA-229 (Master Agreement) for Fiscal Year 7/1/01 thru 6/30/02 between the Alliance for Aging,
Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County
Board of County Commissioners/Monroe County Social Services (Monroe County In Home
Service Program).
Board granted approval to remove surplus equipment from inventory via deletion and
disposal. Said list is incorporated herein by reference.
Board granted approval to apply for a grant with the Federal Emergency Management
Agency's United States Fire Administration which has a 2002 Assistance to Firefighters Grant
Program for a firefighting vehicle and/or equipment.
Board granted approval and authorized execution of an Agreement between Monroe
County and the City of Marathon concerning training of Marathon Fire -Rescue employees.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon for the transfer of EMS Mobile Home, Emergency
Medical Vehicles and associated equipment.
Board granted approval and authorized execution of the issuance of a Certificate of Public
Convenience and Necessity Class A to Monroe County Emergency Medical Services for the
operation of an ALS transport ambulance service.
Board granted approval and authorized execution of the issuance of a Certificate of Public
Convenience and Necessity Class A to Atlantic/Key West Ambulance, Inc., d/b/a American
Medical Response for the operation of an ALS transport ambulance service.
Board granted approval of a Modification of Contract between Monroe County and
Florida Department of Community Affairs concerning additional funds allocated for Grant
#02-CP-04-11-54-01-044. The Award Letter serves as legal modification to agreement and
increases amount of funding to $131,456.
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Board granted approval and authorized execution of a Federally Funded Subgrant
Agreement between Monroe County and the Florida Department of Community Affairs
concerning an Emergency Management Preparedness Grant, #02-PR-70-07-38-01-005, in the
amount of $47,310.00
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County, acting as the governing board for Municipal Services Taxing District #6, and
Fire Tech Repair Service, Inc. concerning testing, maintenance and repair of fire rescue apparatus,
effective from March 1, 2002 to February 28, 2003.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and the Monroe County Education Foundation, Inc. to allow match
commitments from Monroe County Education Foundation and Monroe Youth Challenge, instead
of match commitment from Monroe County School District.
Board granted approval and authorized execution of the Certification of Acceptance of
Subgrant Award No. 02-CJ-2A-11-54-01-004 between Monroe County and the Florida
Department of Law Enforcement for the Monroe County Jail Incarceration Program, using funds
provided under the Residential Substance Abuse Treatment Grant.
Board granted approval and authorized execution of a Residential Substance Abuse
Treatment Funds Agreement between Monroe County and the Care Center for Mental Health for
the Monroe County Jail Incarceration Program, using funds provided under the Residential
Substance Abuse Treatment Grant.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and Samuel's House to correct wording in Attachment C that was more
restrictive than necessary in the description of services.
Board adopted the following Resolution amending Resolution No. 077-1991, which
created the Human Services Advisory Board, revising the conflict of interest provision (and
requiring Human Services Advisory Board members to comply with state statutes regarding
conflicts of interest).
RESOLUTION NO. 093A-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Renewal Agreement between
Monroe County and Eagle Security Company to provide security services for the Duck Key
Security District.
Board granted approval to settle claim #200007GL in the amount of $70,000, date of
accident February 18, 2000.
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Board granted approval of workers' compensation attorney fees and costs in the amount
of $56,596.41.
Board granted approval of appointments to the Community Task Force, which will serve
as an advisory group for the upcoming Monroe County Community Health Initiative. Said
membership roster is incorporated herein by reference. Also selected were R.C. Rutherford,
M.D., Director of the Monroe County Health Department as Chair; and Keith Douglass, Rural
Health Network of Monroe County, KidCare Director as Co -Chair.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise a Request for Bids for FY 2002 Capital Project
Funding.
Board adopted the following Resolution to provide advance registration for trade shows
for the Fiscal Year 2003 be paid from Tourist Development Council funds in Fiscal Year 2002.
RESOLUTION NO. 094-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of Turn Key Events Agreement between
Monroe County and Key West Investment Syndicate, Inc. covering the Offshore Worlds on
November 18-24, 2002 in an amount not to exceed $40,000, DAC I, FY 2002 Third Penny Event
Resources and $20,000, DAC I, FY 2002, Two Penny Special Project Resources.
Board granted approval and authorized execution of the Eighth Amendment to Agreement
between Monroe County, the Legendary Key Largo Chamber of Commerce, First State Bank and
TIB Bank for the $268,000 appropriation of Spiegel Grove funds.
AIRPORTS
Board granted approval for Marathon Offshore Boat Racing to use the airport property
for dry pits and the terminal building for drivers registration and meetings, contingent upon
meeting all County required insurance and safety requirements.
Board granted approval to pay FAA funds in the amount of $134,000 to Hangers On, Inc.
rather than provide similar facilities for cancellation of the Lease Agreement, between Monroe
County and Hangers On., Inc., at the request of Hangers On, Inc.
Board granted approval for a flight school to operate out of the Marathon Airport
Terminal on a month to month Agreement, contingent upon meeting all County and FAA
requirements.
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DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the emergency removal of
DV3A3578.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the emergency removal of marine
debris located off of Big Pine Key.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and American Underwater Contractors, Inc. for additional work at Jolly Roger
boating restricted area.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and A.S.A.P., Inc. for the installation of a large regulatory sign to be installed
south of Jewish Creek.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the installation of nine new
regulatory aids to the removal of 9 damaged aids located off of Summerland Key.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the installation and repairs of
aids to navigation located in Upper Sugarloaf Sound and Sugarloaf Shores.
Board granted approval and authorized execution of an Amendment to Agreement, FWC
Agreement No. 0 10 10, between Monroe County and the Florida Fish and Wildlife Conservation
Commission -Division of Law Enforcement to increase the current derelict vessel Grant
Agreement amount from $193,000.00 to $234,700.00.
Board granted approval of a Lot Aggregation Restrictive Covenant for Sally Stribling to
have one dwelling unit on contiguous lots, Permit No. 01-3-3512, for property described as Lots
5, 6 & 7, Block 16, Anglers Park Subdivision, Key Largo, Real Estate Numbers
00553740.000000, 00553750.000000 & 00553760.000000. The applicant receiving one dwelling
unit allocation award for the year ending July 13, 2001, has filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant for Randy Whitesides
to have one dwelling unit on contiguous lots, Permit No. 01-3-3511, for property described as
Lots 8 & 9, Block 16, Anglers Park Subdivision, Key Largo, Real Estate Numbers
00553770.000000 & 00553780.000000. The applicant receiving one dwelling unit allocation
award for the year ending July 13, 2001, has filed the document in accordance with Ordinance
No. 47-1999.
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Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Brian W. and Candace L. Basilius, Permit No. 99-3-1013, for
property described as Lot 26 & 27, Block 7, Anglers Park, Real Estate Numbers
00552280.000000 & 00552290.000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
for Monroe County, for property described as Government Lots 1 and 2, Section 32, Township
66 South, Range 30 East, Real Estate Numbers 00106000-000000 and 00106010-000000.
Board granted approval to advertise an Ordinance amending Buildings and Construction,
Chapter 6, Monroe County Code; creating a new Article 1 called "General and Administrative;"
repealing existing Article II and creating new Article 11 called "Permits, Inspections, and
Certifications of Occupancy;" repealing existing Articles IV, VI, VIII and IX; providing for
administration and enforcement of Florida Building Code as applied to Monroe County; providing
for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; providing for severability; and providing for an effective
date.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing the Growth Management Division
Staff to prepare a single, comprehensive request for Beneficial Use Determination on behalf of the
owners of 21 Building Permit Applications awarded ROGO allocations on Big Pine Key which
have not been issued permits due to inadequate level of service on U.S. Highway 1.
RESOLUTION NO. 095-2002
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF DEPARTMENT
Board granted approval of the following Expenditures from the Law Enforcement Trust
Fund, in the amount of $15,300.00:
$10,000 This sum will be used towards the College Reach Out Program at the
Florida Keys Community College to provide academic support and enrichment activities to
"at -risk" students.
$ 2,300 This sum will be used by the Monroe County School Board to purchase
CRASH program kits for drivers education programs at the high schools.
$ 3,000 This sum will be used to offset travel expenses for the Key West High
School Baseball Team.
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Board granted approval for the Monroe County Sheriffs Office to act as jurisdiction
(applicant/contact) to apply for the Bulletproof Vest Partnership Program Grant for the fourth
year.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition of the late Charles Russell.
RESOLUTION NO. 096-2002
Said Resolution is incorporated herein by reference.
Board granted approval of Mayor McCoy's reappointment of DeeVon Quirolo to the
Marine and Port Advisory Committee.
Board granted approval of Commissioner Williams request concerning removal of the
Bogie Channel Bridge (aka No Name Key Bridge) replacement from the FDOT Five -Year Work
Plan.
Board granted approval of Commissioner Williams' reappointment of Michael Ehlers and
Pat Wells to the Marine and Port Advisory Committee.
Board granted approval of Commissioner Neugent's appointment of David Paul Horan to
the Human Services Advisory Board with appointment to expire November 2002, fulfilling the
term of John Rolli.
Board granted approval of Commissioner Neugent's request concerning the need for signs
for all roads - whether county or private in the Big Pine Key area to have road signs designating
their name for safety purposes.
Board granted approval of Commissioner Spehar's reappointment of Pam Martin to serve
on the Marine and Port Advisory Committee with term to expire on March 2004.
Board adopted the following Resolution supporting Representative Don Brown's
amendment amending Section 402.813, Florida Statutes.
RESOLUTION NO. 097-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution opposing the Legislature's attempt to shift
$48,000,000 in Medicaid nursing home costs to the counties.
RESOLUTION NO. 098-2002
Said Resolution is incorporated herein by reference.
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Board adopted the following Resolution in support of adequate funding for the public
education of the citizens of Monroe County and the State of Florida.
RESOLUTION NO. 099-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution in support of the City of Marathon's efforts to
have a 35 MPH speed limits on US 1 in Marathon.
RESOLUTION NO. 100-2002
Said Resolution is incorporated herein by reference
COUNTY CLERK
WARRANTS
Board approved the following Warrants (#62258-63620 & 202203-202329):
General Fund (001), in the amount of $1,273,005.31; Sup to General Revenue (002),
in the amount of $40,966.36; Fine & Forfeiture Fund (101), in the amount of $2,567,364.57;
Road and Bridge Fund (102), in the amount of $195,808.82; Law Library Fund (103), in the
amount of $1,875.12; TDC District Two Penny (115), in the amount of $247,579.76; TDC
Admin & Promo 2 Cent (116), in the amount of $608,394.27; TDC District 1,3 Cent (117), in
the amount of $89,799.11; TDC District 2,3 Cent (118), in the amount of $8,241.99; TDC
District 3,3 Cent (119), in the amount of $18,306.80; TDC District 4,3 Cent (120), in the
amount of $8,908.43; TDC District 5,3 Cent (121), in the amount of $8,924.24; Gov. Fund
Type Grants (125); in the amount of $399,949.68; Fire & Amb Dist 1 L&M Keys (141), in the
amount of $83,623.52; Upper Keys Health Care (144), in the amount of $4,429.40; Fire &
Amb Dist 6 Key Largo (146), in the amount of $34,886.48; Uninc Svc Dist Parks & Rec
(147), in the amount of $23,408.18; Plan, Build, Zoning (148), in the amount of $79,314.56;
Municipal Policing (149), in the amount of $366,600.66; 911 Enhancement Fee (150), in the
amount of $15,308.15; Duck Key Security (152), in the amount of $137.42; Local Housing
Assistance (153), in the amount of $22,213.75; Boating Improvement Fund (157), in the
amount of $7,157.60; Misc. Special Revenue Fund (158), in the amount of $1,044.08; Law
Enforcement Trust (162), in the amount of $30,683.50; 1 Cent Infra Surtax (304), in the
amount of $182,198.80; Card Sound Bridge (401), in the amount of $1,550.39; Marathon
Airport (403), in the amount of $58,750.19; Key West Intl Airport (404), in the amount of
$379,224.97; MSD Solid Waste (414), in the amount of $1,083,962.87; Worker's
Compensation (501), in the amount of $10,268.59; Group Insurance Fund (502), in the
amount of $174,265.51; Risk Management Fund (503), in the amount of $41,107.02; Fleet
Management Fund (504), in the amount of $39,646.49.
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FINES & FORFEITURES
Court Reporter Services, All Keys Reporting, in the amount of $255.00; Associated
Court Reporters, in the amount of $3,731.25; Cheryl McDonough, in the amount of $77.75; Nella
Robin Jones, in the amount of $174.50; Florida Keys Reporting Inc., in the amount of $202.50;
Laws Reporting Inc., in the amount of $585.25; Martin B. Leshaw, in the amount of $379.59.
Competency Evaluation, A. Louis OConnor PHD, in the amount of $350.00; Care Center for
Mental Health, in the amount of $800.00; Lynn Langdale, in the amount of $450.00; Marshall
Wolfe EDD, in the amount of $350.00; Thomas Hibberd PHD, in the amount of $950.00. Court
Interpreter, Alex Diaz, in the amount of $250.00; AT&T Language Line Service, in the amount
of $254.40; Basia Dziewanoski, in the amount of $50.00; Claudia M. Hancock, in the amount of
$60.00; Connie Aguero, in the amount of $150.00; Estrella Garcia, in the amount of $192.50;
Grace Connors, in the amount of $150.00; Jiri Dolezal, in the amount of $50.00; Martha
Hernandez, in the amount of $125.00; Mary Lou Waas, in the amount of $270.00; Sergio
Alvarez, in the amount of $202.50. Witness Coordination, Witness Payroll, in the amount of
$45.00; Witness Travel & Per Diem, in the amount of $5,333.94. Expert Witness Expenses,
Michael S. Maher, in the amount of $1,264.00; Thomas Hibberd PHD, in the amount of
$1,925.00. Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount of
$1,383.75; Christine Bollong, in the amount of $350.00; Giovana L. Upson ESQ, in the amount
of $2,500.00; Gregory Davila, in the amount of $3,440.18; Halford Schuhmacher ESQ, in the
amount of $1,212.75; James W. Holbrook EDD, in the amount of $500.00; Larry R. Erskine, in
the amount of $1,792.50; Laurie Hall ESQ, in the amount of $390.00; Richard Behr, in the
amount of $605.50; Stephen S. Isherwood, in the amount of $1,000.00. Other Services Circuit,
State of Florida, in the amount of $1,277.22. Miscellaneous Expenses, State of Florida, in the
amount of $852.00.
TOURIST DEVELOPMENT EXPENDITURES
Board granted approval of the following Tourist Development Council Expenditures for
the month of February 2002: Advertising, in the amount of $604,123.43; Bricks & Mortar
Projects, in the amount of $16,675.00; Chamber Payments, in the amount of $42,833.32;
Events, in the amount of $89,008.24; Office Supplies & Oper Costs, in the amount of
$56,972.64; Personal Services, in the amount of $67,011.10; Public Relations, in the amount of
$43,899.99; Sales & Marketing, in the amount of $30,084.83; Telephone & Utilities, in the
amount of $14,637.02; Travel, in the amount of $7,659.03.
Board granted official approval of the Board of County Commissioners minutes from the
Special meeting of January 15, 2002, and Regular meetings of January 16 & 17, 2002.
Board granted approval of personnel allocation and reimbursement to the Florida Keys
Aqueduct Authority for the Key Largo Wastewater Project, in the amount of $108,798.16.
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COUNTY ADMINISTRATOR
Board granted approval of the re -appointment of Michael Bier, Phil Childs and Bob Nilson
(2nd Alternate) to serve on the Construction Board of Adjustments and Appeals with terms to
expire April 1, 2002.
Board granted approval of expenditures from the Board of County Commissioners'
promotional account for Christmas wreaths that were bought for the Historic Gato Cigar Factory,
in the amount of $198.00.
COUNTY ATTORNEY
Board granted approval and authorized execution of a Interlocal Agreement between
Monroe County and the Supervisor of Elections of Monroe County for the administration of vote
registration and poll worker program.
Board granted approval and authorized execution of a Quit Claim Deed transferring
property from Monroe County to Islamorada, Village of Islands for property referred to as
Drallow 29.
Board granted approval and authorized execution of an Agreement between Monroe
County and Enterprise Leasing Company to settle outstanding claim against Enterprise Leasing
Company for underpaid commissions on car rentals at Marathon Airport.
Board granted approval and authorized execution of an Emergency Transportation
Agreement between Monroe County and Country Health Associates, Inc. to provide up to ten
school buses (made available to County) for emergency evacuation of nursing home residents.
Board granted approval to advertise an Ordinance amending Sec. 13.5-3(g), Monroe
County Code in order to clarify the areas prohibited for parking recreational vehicles and campers
at Higgs Beach County Park; 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 of a Stipulated Settlement of Attorney's Fees in the matter of
Florida Kevs Aaueduct and Keys Citizens for Responsible Government Inc v BOCC of Monroe
County and Ogden Water Systems of Key Largo with respect to Keys Citizens for Responsible
Government, Inc. only.
Motion carried unanimously.
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TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Williams and seconded by Commissioner Spehar to
table, for clarification from the TDC, approval of "At Large" definition for the Monroe County
Tourist Development Advisory Committees. Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Reggie Paros, Public Safety Director gave a report to the Board concerning meeting with
hospitals in reference to Emergency Management.
DIVISION OF PUBLIC WORKS
Dave Koppel, County Engineer updated the Board on the schedule for the completion of
Old Settlers Park, which is as follows: (1) Historic platform foundation, March 6 (2) Historic
platform structure, March 15 (3) Historic platform roof, March 22 (4) Landscaping punch list,
March 29 (5) Final site cleanup, March 29 (6) Road abandonment, May 31 (7) Reconfiguring
road, add parking and landscaping, June 28.
AIRPORTS
Key West Airport Manager, Peter Horton discussed with the Board an incident at the
airport where a FAA construction crew from Atlanta was installing cable between the control
tower and the communication tower facility at the Old Hawk missile site, and in the course of the
work, pulled out 75' of cable to the runway lights and as a result shut the runway lights out until
11 P.M.
Mr. Horton also updated the Board concerning the airport's runway safety area.
Florida Keys Marathon Airport Manager, Teresa Cook discussed with the Board status of
the Florida Keys Marathon Airport Master Plan Project.
County Administrator James Roberts, and Ms. Cook addressed the Board. After
discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson
granting approval and authorizing execution of a Ground Lease Agreement between Monroe
County and either Hangars On or their successor, or as four (4) individual agreements with Tim
Bettis, Dick Ramsey, R. Daniel Zeig, and Robert Cayce, to build enclosed hangars, contingent
upon current litigation being withdrawn. Roll call vote was unanimous.
Commissioner Spehar excused herself from the meeting.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Neugent and seconded by Commissioner Williams
granting approval and authorizing execution of an Agreement for the Purchase of Lands between
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Monroe County and Big Pine Key Joint Venture, a Florida general partnership to purchase the
Mariners Resort Welcome Center building on Big Pine Key. Executive Director of the Monroe
County Land Authority, Mark Rosch and Growth Management Director Tim McGarry addressed
the Board. Roll call vote was unanimous, with Commissioner Spehar not present.
Commissioner Spehar returned to the meeting.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of James T. Friedman. There was no public input. Motion
was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution evidencing the Board's approval of a recommended Beneficial Use
Determination promulgated by the Special Master, In Re: James T. Friedman. Motion carried
unanimously.
RESOLUTION NO. 101-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of Maria & Aurelio delValle. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution evidencing the Board's approval of a Recommended Beneficial Use
Determination promulgated by the Special Master, In Re: the application of Maria & Aurelio
delValle. Motion carried unanimously.
RESOLUTION NO. 102-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of Charles & Johanna Kuhn. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution evidencing the Board's approval of a Recommended Beneficial Use
Determination promulgated by the Special Master, In Re: Charles & Johanna Kuhn. Motion
carried unanimously.
RESOLUTION NO. 103-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of Loschim, Inc. There was no public input. Motion was
made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following
Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination
promulgated by the Special Master, In Re: Loschim, Inc. Motion carried unanimously.
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RESOLUTION NO. 104-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of Samuel I. Burstyn, P.A. There was no public input.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the
following Resolution evidencing the Board's approval of a Recommended Beneficial Use
Determination promulgated by the Special Master, In Re: the application of Samuel I. Burstyn,
P.A. Motion carried unanimously.
RESOLUTION NO. 105-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
of Beneficial Use on the application of RFM Development Corporation. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, In Re: RFM Development Corporation.
Motion carried unanimously.
RESOLUTION NO. 106-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
for Denial of Beneficial Use for the application of Peter, Anthony & George Tsavdaris. There
was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Spehar to adopt the following Resolution evidencing the Board's approval of a
Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Peter,
Anthony, Jack & George Tsavdaris. Motion carried unanimously.
RESOLUTION NO. 107-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
for Denial of Beneficial Use for the application of Nils & Mary Norling. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, In Re: Nils & Mary Norling. Motion
carried unanimously.
RESOLUTION NO. 108-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
for Denial of Beneficial Use for the application of Richard and Carol May. There was no public
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input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, In Re: Richard & Carol May. Motion
carried unanimously.
RESOLUTION NO. 109-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
for Denial of Beneficial Use for the application of Carol & Robert Foley. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, In Re: Carol & Robert Foley. Motion
carried unanimously.
RESOLUTION NO. 110-2002
Said Resolution is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution of Recommended Order
for Denial of Beneficial Use for the application of Regina M. Gonzalez. There was no public
input. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to
adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, In Re: Regina M. Gonzalez. Motion
carried unanimously.
RESOLUTION NO. 111-2002
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item with the Board concerning approval to consider
the proposal by the Key West Botanical Garden to purchase/develop the recently vacated Stock
Island property located at 5100 College Road. The following individuals addressed the Board:
Carol Sharkey, representing the Key West Botanical Society; Stuart Pimm, representing Columbia
University of New York; Ed Swift, and Richard W. Keefe. Letters from City of Key West Mayor
Jimmy Weekley; City Commissioner Harry Bethel; Betty Desbiens, Charter President, Key West
Botanical Society; and Edwin O. Swift were entered into the record. After discussion, motion
was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of
the proposal. Mr. Roberts addressed the Board. After further discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to table the item to the next
Board meeting in Key West. After consideration, Commissioner Spehar withdrew her previous
motion. Roll call vote was unanimous.
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TOURIST DEVELOPMENT COUNCIL
Monica Haskell, Executive Director of the Florida Keys Council of the Arts; Larry
Sullivan, representing Florida Keys Council of the Arts; and Carol Fisher, representing Lower
Keys Chamber of Commerce addressed the Board. After discussion, motion was made by
Commissioner Williams and seconded by Commissioner Neugent granting approval of the
Cultural Umbrella Recommendation Committee consisting of Dr. Shirley Freeman, District I;
David Ethridge, District II; Bill Shaw, District III; David Cohn, District IV; and Rocky S. Hubert,
District V. Roll call vote was taken with the following results:
Commissioner Nelson
Yes
Commissioner Neugent
No
Commissioner Spehar
Yes
Commissioner Williams
Yes
Mayor McCoy
Yes
Motion carried.
LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance
District convened. Present and answering to roll call were Mayor Charles "Sonny" McCoy,
Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams and
Chairperson Yvonne Harper.
Public Safety Director, Reggie Paros reported to the Board on status of the
implementation of EMS in Marathon by the City. Mr. Paros also reported on additional positions
for the Big Pine Key Fire Station. After discussion, motion was made by Commissioner Neugent
and seconded by Mayor McCoy to transfer from reserves funding for two (2) new positions at the
Big Pine Key Fire Station. Roll call vote was unanimous.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of an Interlocal Agreement between the Lower and
Middle Keys Fire and Ambulance District and the City of Marathon concerning provision of fire
rescue and emergency medical services within and adjacent to the municipal boundaries of the
City of Marathon, effective from April 1, 2002 through September 30, 2002. Motion carried
unanimously.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to
adopt the following Resolution authorizing the write-off of EMS Accounts Receivable (in the
total amount of $1,050.67). Motion carried unanimously.
RESOLUTION NO. 112-2002
Said Resolution is incorporated herein by reference.
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Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval and authorizing execution of a Renewal Agreement between the Board of
Governors of the Lower and Middle Keys Fire and Ambulance District and Fire Tech Repair
Service, Inc. concerning testing, maintenance and repair of fire rescue apparatus, effective March
1, 2002 to February 28, 2003. Motion carried unanimously.
There being no further business, the meeting of the Board of Governors was adjourned.
The Board of County Commissioners reconvened with all Commissioners present.
COMMISSIONERS' ITEMS
Commissioner Williams discussed her item with the Board concerning adoption of a
Resolution designating all County Roads on Duck Key appropriate for golf cart use. The
following individuals addressed the Board: Richard Adler, representing the Duck Key Security
District; June Helbling, and R. J. Helbling. Letters from James S. Bicknell, III; Judy Lacke,
Richard Adler, A. Dennis Kulig, Billie Kline, and James Echhardt were entered into the record.
Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the
following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 113-2002
Said Resolution is incorporated herein by reference.
DIVISION OF PUBLIC WORKS
Motion was made by Commissioner Nelson and seconded by Commissioner Williams to
adopt the following Resolution requesting that the Florida Department of Transportation declare
Albury Boulevard in Tavernier surplus property and transfer the same to Monroe County for
incorporation into Old Settlers' Park. Roll call vote was unanimous.
RESOLUTION NO. 114-2002
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Tim McGarry reported to the Board concerning a
challenge to DCA's amended rule on nutrition reduction credits.
Lloyd J. Boggio, representing the Carlisle Group addressed the Board concerning his
appointment by the Governor's Office to the Affordable Housing Study Commission.
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Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Nelson to adopt the following Resolution approving an
implementation plan for Flood Insurance Inspection and Compliance Program for submittal to the
Federal Emergency Management Agency. Mr. Hendrick addressed the Board. Roll call vote was
unammous.
RESOLUTION NO. 115-2002
Said Resolution is incorporated herein by reference.
Mayor McCoy discussed his item concerning a Resolution defining the inconsonant and
inappropriate message conveyed by an anonymous office of FEMA to the households of the
Florida Keys. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Neugent endorsing Mayor McCoy's letter. Roll call vote was unanimous.
SOUNDING BOARD
The following individuals for the Sounding Board items were not present:
Mark J. Vitale, President of Latitude 24 Inspection Services, Inc. concerning a proposal
for a creation of a Consumer Protection Agency.
Russ Rector, representing Dolphin Freedom Foundation concerning mammal stranding
problems.
Gene Brian DeMambro concerning motorcycle noise.
DIVISION OF GROWTH MANAGEMENT
County Attorney James T. Hendrick referred the Board to the written Growth
Management Report from Attorney Karen K. Cabanas, dated March 20, 2002, of the firm
Morgan & Hendrick.
COUNTY ATTORNEY
Mr. Hendrick discussed settlement of the condemnation for property located at Key Largo
Ocean Resort. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Spehar directing Growth Management to have fence removed upon entry of Order
of Taking. Roll call vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
adopt the following Resolution affirming the recommendations of the Florida Keys Aqueduct
Authority (FKAA) for Primary and Secondary Wastewater Improvement Project areas in Key
Largo and requesting that the FKAA begin work immediately to fulfill our obligations to FEMA
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for receipt of FEMA unmet needs grant dollars in Key Largo at the Primary Wastewater Project
Area, Key Largo Trailer Village. Mr. McGarry addressed the Board. Roll call vote was
unanimous.
RESOLUTION NO. 156-2002
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Mayor McCoy discussed his item with the Board concerning approval of a Resolution to
petition the Governor and Legislators to mandate drivers education in our public schools and to
improve traffic safety of US Highway 1 (the Overseas Highway). After discussion, motion was
made by Mayor McCoy and seconded by Commissioner Neugent to adopt the following
Resolution, as amended to add the following: Whereas, the Governor has called for improvements
that will make the section of highway known as the 18 Mile Stretch safer to move forward in all
due haste with these improvements. Whereas, the.2020 transportation plan of the DOT addresses
these goals we the BOCC support the Transportation plan and its worth goals. Roll call vote was
unanimous.
RESOLUTION NO. 116-2002
Said Resolution is incorporated herein by reference.
Commissioner Neugent discussed his item with the Board concerning the purchase of
_ computer equipment for the Senior Citizens Centers in Monroe County. Each of the three centers
- Marathon, Big Pine Key and Key West would receive 2 Internet compatible workstations with
one printer and a dedicated telephone line. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner Neugent granting approval of the item. Roll call vote
was unanimous.
PUBLIC HEARINGS
A Public Hearing was held to consider approval of a Ordinance amending Ordinances No.
031-1988 and 033-1996, in order to change the name of the Lower and Middle Keys Fire and
Ambulance District to Fire and Ambulance District 1; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date. There was no public input. Motion
was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 004-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider approval of a Ordinance amending Sec. 6-66(7),
Monroe County Code, in order to include in mismanagement or misconduct such activity as
r \` causes financial harm to subcontractors and defining material diversion from specifications and
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plans; providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 005-2002
Said Ordinance is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Williams discussed her item with the Board concerning Modification #3 to
Contract 00-DR-1W-11-54-01-002 between Monroe County and the Department of Community
Affairs adding Section 5. C., and modifying Section 6.C. to Attachment A, Scope of Work. After
discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent
granting approval and authorizing execution of the item. Roll call vote was unanimous.
Commissioner Williams gave a general land use update, including a request for direction
for expenditure of $3.8 million EPA funds. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Williams to table the item and directing the County
Attorney to schedule a meeting in the Sunshine. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to
table how to best utilize the EPA, DEP, and county match dollars to eliminate cesspits, unknown
systems, and septic tanks in Monroe County. Motion carried unanimously.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
adopt the following Resolution supporting a dedicated, recurring funding source to fund the
Comprehensive Everglades Restoration Plan, supporting bond as you go legislation, supporting
legislation that is recurring, opposing utilizing the Sadowski Affordable Housing Trust Fund to
fund the Comprehensive Everglades Restoration Plan and opposing the expansion of the Florida
Forever Act to include water reuse facilities. Motion carried unanimously.
RESOLUTION NO. 117-2002
Said Resolution is incorporated herein by reference.
Mr. McGarry addressed the Board concerning approval of a Resolution amending
Resolution No. 031-2002 to remove limitations on the geographic the scope of the planning and
design study for a cross -island connector on Big Pine Key and to direct the study to evaluate
impacts of proposed changes in traffic patterns and volumes and to consider appropriate
mitigation measures and alternatives to reduce any potential negative impacts on existing
neighborhoods. The following individuals addressed the Board: Joseph Ambrose, representing
Port Pine Heights Property Owner's Association; Craig Boyd, Debra S. Harrison, representing
World Wildlife Fund; Bruce Schmitt, representing Association of Realtors; Jim Cameron, Carol
Fisher, representing Lower Keys Chamber of Commerce; Julie Ann Allen, representing Tropical
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Key Colony Subdivision; Cali Berman, Carole Vereline, William Horachek, representing Tropical
Key Colony; Linda Yakel, Joyce Clark Newman, Alicia Roemmele-Putney, Sherry Phillips,
Robert Allen, Larry Sullivan, representing Big Pine Key Civic Association; Kevin Donohue,
Jackie McLain, Kenneth Whittington, Dave Kolodzik, representing Lower Keys Chamber of
Commerce; Henry Morgenstern, Esquire, representing Tropical Key Colony Subdivision
Homeowners. After discussion, motion was made by Commissioner Spehar and seconded by
Commissioner Williams to table the item. Roll call vote was taken with the following results:
Commissioner Nelson
No
Commissioner Neugent
No
Commissioner Spehar
Yes
Commissioner Williams
Yes
Mayor McCoy
No
Motion failed. Mr. McGarry addressed the Board a second time. Motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to adopt the following
Resolution. Roll call vote was taken with the following results:
Commissioner Nelson
Yes
Commissioner Neugent
Yes
Commissioner Spehar
Yes
Commissioner Williams
No
Mayor McCoy
Yes
Motion carried.
RESOLUTION NO. 118-2002
Said Resolution is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
The following Public Hearing was deleted from the Agenda due to improper advertising:
An Ordinance amending the Monroe County Code Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232,
9.5-235, 9.5-248, 9.5-249, and 9.5-250; providing for the severability; providing for the repeal of
all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County
Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs and providing an effective date.
A Public Hearing was held to consider approval of an Ordinance to clarify public records
by rescinding Section 2, amendment to Policy 101.5.4(5), contained within Ordinance No.
010-1999, which amended the residential permit allocation provisions of the Monroe County Year
2010 Comprehensive Plan. Mr. McGarry addressed the Board. There was no public input.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt
the following Ordinance to clarify Public Records by rescinding Section 2, amendment to Policy
101.5.4(5), of Ordinance No. 010-1999, which amended the Residential Permit Allocation
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provisions of the Monroe County Year 2010 Comprehensive Plan; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code; and providing for an effective date. Motion carried unanimously.
ORDINANCE NO. 006-2002
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider approval of an Ordinance reorganizing and
amending Chapter 9.5 Sections 227, 286, 288, and 335 through 350 of the Monroe County Code
pertaining to environmental development standards, including habitat analysis, environmental
design criteria, transplantation, open space, development in disturbed wetlands, and development
along shorelines. The Board accepted public input with the following individuals addressing the
Board: Kieran Mahoney, representing Citizens Code Committee, Beth Bergh, representing the
Department of Community Affairs. After discussion, motion was made by Commissioner Williams
and seconded by Commissioner Neugent to adopt the following Ordinance, amending the Monroe
County Land Development Regulations, Chapter 9.5, Sections 227, 286, 288, and 335 through
350, regarding environmental development standards; and deleting paragraph (c) on Page 25;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code; and providing for an effective date.
Mr. Hendrick addressed the Board. Roll call vote was unanimous.
ORDINANCE NO. 007-2002
Said Ordinance is incorporated herein by reference.
The following Public Hearing was deleted from the Agenda due to improper advertising:
An Ordinance amending the Monroe County Code Sections 9.5-266 (6)c, d and (8)a; providing
for the severability; providing for the repeal of all Ordinances inconsistent herewith; Providing for
the incorporation into the Monroe County; and directing the Clerk of the Board to forward a
certified copy of this Ordinance to the Florida Department of Community Affairs and providing an
effective date.
A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
to the Key West Airport Fund, #404. Motion was made by Commissioner Williams and seconded
by Commissioner Neugent to adopt the following Resolution to amend the Monroe County Key
West International Airport Fund, #404, for the Fiscal Year ending September 30, 2002. Motion
carried unanimously.
RESOLUTION NO. 119-2002
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Yvonne Harper, Vice -Mayor of the City of Layton addressed the Board. After discussion,
motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the
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following Resolution opposing the Immigration and Naturalization Services (INS) construction of
a refugee holding facility in the City of Layton. Roll call vote was unanimous.
RESOLUTION NO. 120-2002
Said Resolution is incorporated herein by reference.
COUNTY CLERK
County Clerk Danny L. Kolhage addressed the Board and discussed a memorandum from
County Attorney James T. Hendrick as required by F.S. 112.3143(4). Mr. Hendrick read his
memorandum into the record.
COUNTY ADMINISTRATOR
Mr. Roberts discussed holding a joint meeting between the Board and the City of Key
West Commission sometime in the month of May, 2002. Mr. Roberts also discussed today's
meeting agenda being the first meeting that the agenda was located on the County's web site.
Commissioner Neugent discussed a letter he received from Waste Management.
COUNTY ATTORNEY
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval of the rescission of Agreement to Transfer Restoration Obligation, which was
intended to relieve Metro -Goldwyn -Mayer Pictures, Inc. from responsibility to restore property to
pre -movie set conditions or demolish the structure and would have transferred the obligation to
the property owner. Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval and authorizing execution of Florida Recreation Development Assistance
Program Amendment I to Project Grant Agreement - Development Contract No. F0208 between
Monroe County and Department of Environmental Protection ratifying the Grant Agreement to
name Upper Keys Community Pool as the sub -grantee. Motion carried unanimously.
Motion was made by Commissioner Williams and seconded by Commissioner Spear
granting approval for payment of legal fees and costs in the amount of $39,117.09 for the
professional services of Nabors Giblin & Nickerson in connection with analysis and potential
resolution of issues presented by FKAA Key Largo Sewer Facility Contract. Roll call vote was
taken with the following results:
Commissioner Nelson
Yes
Commissioner Neugent
No
Commissioner Spehar
Yes
Commissioner Williams
Yes
Mayor McCoy
Yes
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Motion carried.
Motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval and authorizing execution of an Amendment to the FKAA/Monroe County
Joint Resolution and Interlocal Agreement dated February 14, 2002. Motion carried
unanimously.
There being no further business to come before the Board, the meeting adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk`'