04/15/2009 Agenda
REVISED AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Any person who wishes to be heard shall provide the Clerk with his or her name and residence
and the agenda item on which he or she wishes to be heard. Such information shall be on a card
provided by the County. Once public input begins, there will be no further speaker cards
allowed to be submitted to the Clerk for that subject. An individual has three minutes and a
person representing an organization has five minutes to address the Board (except that
individuals wishing to speak during public hearings pertaining to land use issues will have five
minutes). The first person representing the organization will be allowed the five minutes.
Subsequently, all other speakers on behalf of that organization have three minutes to address the
Board. Once an individual has addressed the Board, he or she will not be permitted to return to
the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that
case, the applicant may return to the podium to conclude his or her position at the end of the
public hearing.
Please note that all time approximate items are listed in bold.
VVednesday,1\priI15,2009
The Harvey Government Center
at Historic Truman School
1200 Truman 1\ venue
Key VV est, Florida
9:001\.M. - Regular Meeting
9:15 1\.M - Land 1\uthority Governing Board
3:00 P.M. - Public Hearings
TIME APPROXIMATE
REGULAR MEETING
9:00 1\.M.
IC1\LL TO ORDER
/]NVOC1\TION
/S1\LUTE TO FL1\G
)1\.
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i\DDITIONS, CORRECTIONS, DELETIONS
P~SENT1\TION OF 1\VVi\RDS
" Presentation of Employee of Year for 2008 to Tony Gartenmayer,
Building Maintenance Specialist, Facilities Maintenance, Public
VV orks Division. VIEW
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B. PRE~ENT A TION OF AWARDS - CONTINUED
~<1V Presentation of Y ~ars of Service Award for 15 years of service to
Monroe County to Ludwig "Ski" Witkowski, Master Electrician,
/Correction Facilities, Public Works Division. VIEW
3V Presentation of Y ears of Service Award for 10 years of service to
Monroe County to John Kipp, Sr. Technician Maintenance,
1\ n...J.. n Facilities Maintenance, Public Works Division. VIEW
~ ~. Presentation of Years of Service Award for 10 years of service to
Monroe County to Benjamin Moore, Maintenance Worker,
Unincorporated Parks & Beaches, Facilities Maintenance, Public
Works Division. VIEW
Presentation of proclamation declaring the week of April 12
through April 18, 2009, as National Library Week. VIEW
Mayor's proclamation in recognition of Adrian Todd Poitier as an
outstanding member and entrepreneur of the Bahama Village
community of Key West and Monroe County, Florida. VIEW
7. Mayor's proclamation proclaiming April 12-18 as National Public
Safety Telecommunications Week. VIEW
8. Mayor's proclamation declaring April 2009 as Water Conservation
Month VIEW
9. Mayor's proclamation recognizing Mayas Motorcycle Safety
Awareness Month. VIEW
10. Mayor's proclamation declaring Tuesday, April 28, 2009 as Equal
Pay Day. VIEW
11. Mayor's proclamation declaring May 1,2009 as Law Day. VIEW
12. Mayor's proclamation in support of Florida's 10th Annual
Statewide Drug Court Graduation Celebration. VIEW
C. BULK APPROVALS - COMMISSIONER MURPHY
{}:> 1. Approval of Change Order #1 for Proposal #MLA VIKWUl by
Audio Visual Innovations to upgrade video and audio broadcast
equipment for MCTV in the Key West BOCC Chambers and the
MCTV Broadcast Studio at the Harvey Government Center. VIEW
() 2. Approval to reject all bids and to re-advertise for sealed bids for
Rolling Door replacement at the Marathon Garage and the Monroe
County Detention Center on Stock Island. VIEW
lh 3. Approval to exercise the first option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Big Pine Key Library. VIEW
~4. Approval to exercise the fITst option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the George Dolezal Library, Marathon, Florida. VIEW
Il 5. Approval to exercise the fITst option to renew the contract with
D Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Islamorada Library. VIEW
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C. BULK APPROVALS - CONTINUED
!3 6. Approval to exercise the first option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial
services at the Key Largo Library. VIEW
B 7. Approval to amend the agreement and exercise the first option to
renew the contract with U. S. Water Services Corporation for
operation and maintenance of the sewage treatment plant at the
Roth Building. VIEW
n. 8. Conceptual approval to transfer ownership of four (4) County-
~ owned parcels located within the City of Marathon to the City of
Marathon, pending clearance from the Florida Community Trust.
VIEW
r'( Approval of Amendment and 1 st Renewal of Franchise Agreement
with Waste Management, Inc. of Florida. VIEW
~. Approval of Amendment and 1st Renewal of Franchise Agreement
with Marathon Garbage Service, Inc. f/k/a Mid-Keys Waste, Inc.
VIEW
~ . Approval of Amendment and 1 st Renewal of Franchise Agreement
with Ted Carter Enterprises, Inc. d/b/a Keys Sanitary Service.
VIEW
Approval of Amendment and 1 st Renewal of Franchise Agreement
with Ocean Reef Club, Inc. VIEW
13. Approval to pay $257,723 renewal premium to Citizens Property
Insurance Corporation for Windstorm Insurance Policy. VIEW
~14. Approval to accept proposal from Marsh USA, the County's
insurance broker for the Property Insurance package, through
quality rated insurance companies not to exceed $668,991. It is
also being requested that authority be granted to Risk Management
to accept an alternative proposal from Marsh if it is believed to
t1 provide equal or superior coverage for a lower premium. VIEW
.D 15. Approval to solicit a Request for Proposals (RFP' s) to provide
training services to employees. The training is 100% reimbursable
by a grant through South Florida Workfo..I.:~,~~,VIEW
.fJ 16. Approval to advertise Request for Proposals for Janitorial services
at the Key West International Airport. VIEW
17. Approval of award of bid to Hi-Lite Markings, Inc., for Runway
and Taxiway Pavement Marking at the Key West International
Airport, and approval of contract with Hi-Lite Markings, Inc. for
Runway and Taxiway Pavement Marking at the Key West
International Airport. VIEW
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BULK APPROVALS - CONTINUED
{;;8. Approval of Purchase Service Order 2008 - 1, for Hangars
Wetland Mitigation Project - Wetlands Monitoring, First Semi-
annual Monitoring Event, and PSO 2008 - 2, for Hangars
Wetlands Mitigation Project - Wetlands Monitoring Second Semi-
annual Monitoring Event (SFWMD), Annual Monitoring Event
(ACOE), from Feher Environmental Consulting Inc. Approval of
Invoice 2008.6.1, from Feher Environmental Consulting, Inc.,
(PSO 2008-1) in the amount of $4,680.00. VIEW
Approval to waive Purchasing Policies and Procedures for the
emergency relocation of the Automated Surface Observations
System (ASOS) at the Key West International Airport. VIEW
Approval to advertise Request for Proposals for Rental Car
activities at the Teen Center property on the Key West
International Airport. VIEW
Approval to advertise a Request for Proposals for vendor spaces
inside the new and existing passenger terminals at the Key West
International Airport. VIEW
Approval of Deductive Change Order # 2 for the Morganti Group
contract to build the new terminal complex at the Key West
International Airport. VIEW
Approval to release half of the original 10% retainage to 5% to
four sub-contractors who have reached substantial completion on
the Morganti contract for work at the Florida Keys Marathon
Airport. VIE W
Approval to release half of the original 10% retainage to 5% to
eleven sub-contractors who have reached substantial completion
on the Morganti contract for work at the Key West International
Airport. VIEW
Approval of Law Enforcement and Security Services at Key West
International Airport for 2008-2009. VIEW
Approval of Award of Bid to Weathertrol Maintenance
Corporation for the HV AC Equipment Replacement project at the
Florida Keys Marathon Airport, in the total amount of
$466,111.00. VIEW
Approval of Lease Amendment with Coast FBO, LLC, Fixed Base
Operator (FBO), at Florida Keys Marathon Airport. VIEW
Approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office. VIEW
Approval to advertise for a Request for Proposals for the ADA
Transition Plan as required by Florida State Statute. VIEW
Approval of an Award Agreement for Art in Public Places to
Murals of Baltimore, LLC. for artwork at the Big Pine Key Fire
Station. VIEW
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BULK APPROVALS - CONTINUED
jj 31. Approval of an Award Agreement for Art in Public Places to
Debra Yates for artwork at the Key West International Airport.
VIEW
Approval of a contract with B&M Construction for the
Construction of a new fueling facility in Plantation Key. VIEW
Approval to execute Local Agency Program (LAP) Agreement
with Florida Department of Transportation (FDOT) to provide
transportation stimulus funding for the Geiger Creek Bridge Repair
Project. VIEW
Approval to execute Local Agency Program (LAP) Agreement
with Florida Department of Transportation (FDOT) to provide
transportation stimulus funding for the Palm Drive (Baypoint)
Bridge Repair Project. VIEW
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW
Approval of amendment to contract with the Marathon Wild Bird
Center, Inc. to reflect the organization's name correct and legal
name, substituting the name "Marathon Wild Bird Rescue," with
the name, "Marathon Wild Bird Center, Inc." VIEW
Approval to advertise a public hearing for a Budget Amendment
for Fund 207 2003 revenue Bonds Debt Service. VIE W
Approval of a Resolution amending Resolution 424-2007 adopted
on November 14, 2007 ; providing for changes to the Series 2007
Project; and providing an effective date. VIEW
Approval to amend the existing contract with Buccaneer Courier
to add 2 additional courier stops at the request of the Monroe
County Health Department. YIEW
Approval of Amendment 006 to the Older Americans Act (OOA)
Contract # AA -829 (1/1/08-12/31/08) between the Alliance for
Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe
Counties) and the Monroe County Board of County
Commissioners (Community Services/In-Home and Nutrition
Services). VIEW
Approval of a recurring expense as required by Florida Statute
409.915. VIEW
Approval of a request of a Vendor Agreement between Monroe
County In-Home and Nutrition Services and Newtrition Concepts,
Inc. VIEW
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D.
TOURIST DEVELOPMENT COUNCIL
~1. Approval of an Amendment to Inter-local Agreement with the City
j) of Key West to extend termination date of agreement for the
Smathers & Rest Beach Renourishment project - $43,000. VIEW
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D. TOURIST DEVELOPMENT COUNCIL - CONTINUED
f> 2. Approval of an Amendment to Inter-local Agreement with the City
of Key West to extend termination date of agreement for the White
Street Pier RipRap Installation Project - $73,500. VIEW
ft3. Approval of an Amendment to Inter-local Agreement with the City
of Key West to extend termination date of agreement for the
Smathers & Rest Beach Renourishment Phase II project - $60,876.
VIEW
f;4. Approval to advertise a Request for a Fishing Umbrella to act as an
advisory committee to the TDC, making recommendations for the
expenditure of promotional and advertising funds to fishing
tournaments and marketing of sport fishing through Monroe
County. VIEW
~ 5. Approval to advertise a Request for Proposal for a Dive Umbrella
to act as an advisory committee to the TDC, making
recommendations for the expenditure of promotional and
advertising funds to dive activities throughout Monroe County.
VIEW
b 6. Approval to advertise a Request for Proposal for a Gay & Lesbian
Visitor Information Services for the Monroe County Tourist
Development Council: District I - encompassing the city limits of
Key West. VIEW
ADJOURNMENT
9: 15 A.M.
:; LAND AUTHORITY GOVERNING BOARD
1. Approval of the minutes for the March 18, 2009 meeting.
VIEW
2. Approval of the 2009 Acquisition List. VIEW
ADJOURNMENT
F. STAFF REPORTS
I CD AIRPORTS
2. BUDGET & FINANCE
3. EMERGENCY SERVICES
4. EMPLOYEE SERVICES
;;5. PROJECT MANAGEMENT
J <D GROWTH MANAGEMENT
7. PUBLIC WORKS
8. TECHNICAL SERVICES
G. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
~1. Approval of a Restoration Agreement between Monroe County and
the National Audubon Society, Inc. for the restoration of a
freshwater wetland on Big Pine Key. VIEW
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2:00 P.M.
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1:30 P.M.
G. GROWTH MANAGEMENT - BULK APPROV ALS - CONTINUED
~ 2. Approval of an Inter-Local Agreement (ILA) between Monroe
County and the City of Key Colony Beach ( City) providing
funding assistance from Boating Improvement Funds for costs
incurred for dock and seawall repairs at the 7th Street City Hall
Annex Dock in the amount of$38,685.00. VIEW
~3. Approval of an Inter-Local Agreement (ILA) between Monroe
County and the City of Key West ( City) providing funding
assistance from Boating Improvement Funds for costs incurred for
maintenance at the Garrison Bight mooring field in the amount of
$17,325.00. VIEW
~ 4. Approval of Amendment No. 1 to the contract with GMR Aerial
Surveys to provide the development of a Geospatial Land Cover
Dataset for the Florida Keys. VIEW
~ 5. Approval of a resolution for an exemption of 4,113 square feet of
non-residential floor area from the Non-Residential Rate of
Growth Ordinance (NROGO) permit allocation system requested
by the Craig Company, on behalf of the South Florida Council of
the Boys Scouts of America, pursuant to Policy 101.3.4 of the Year
2010 Comprehensive Plan. The subject parcel is legally described
as Westerly Part of Government Lot 2, Section 32, Township 66
South, Range 30 East, West Summerland Key, Monroe County,
Florida, having Real Estate Number 00106030.000000. VIEW
6. ,Discussion and approval of a response letter from the County
/ Administrator to the City of Marathon declining the request to
~ transfer governmental jurisdiction of the Florida Keys Marathon
Airport. VIEW D , t...~
R.. 0.. rl' ~ lL Y
Iff PROJECT MANAGEMENT
/~ 1. Presentation by Architects Design Group, Inc. (AD G) on the
status of the design of the proposed Emergency Operations
Center in Marathon. VIEW ~ O"'Y\.. v I'~.
I. w(STEW A TER ISSUES
\,./'1.' --. Report to update the status of Wastewater projects through A~ril
2009. VIEW \V/~
~ 2. Approval to award contract to Government Services Group, Inc.
for the Development and Administration of the Non Ad-valorem
Assessment for Wastewater Service Areas. VIEW
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J. MONROECOUNTYSHEIDFFDEPARTMENT
(? 1. Approval of FY 2009 recommendations of the Monroe County
Shared Asset Forfeiture Fund Advisory Board. VIEW
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J. MONROE COUNTY SHERIFF DEPARTMENT - CONTINUED
C> 2. Approval to apply for Edward Byrne Justice Assistance Grant ~'.,.~
(JAG) for mental health and substance abuse programs; approval "~- .
for the Sheriff to be designated as the "signing official" for the
funding request and for the Monroe County Sheriff's Office to be
designated as the Organizational Unit' and authorization for the
Sheriff to accept the grant and execute any other required grant
documents, if awarded. VIEW
~ 3. Approval and consent to assignment of lease of County owned
property from Comcast of California/Colorado/Florida/Oregon,
Inc. to Telcom Systems, LTD. This consent to assignment allows
Monroe County to continue to receive the income from the lease."
VIEW
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COMMISSIONERS' ITEMS
1. MAYOR NEUGENT - Approval of the reappointment of Peter
Worthington to the Marine and Port Advisory Committee expiring
04/2012. VIEW
COMMISSIONER WIGINGTON - Appointment of Sherry
Phillips to the Affordable Housing Advisory Committee
_ / representing the Residential Home Building Industry. VIEW
IJI. COMMISSIONER WIGINGTON - Approval of a resolution of toYL
the Monroe County Board of County Commissioners removing 2 01-
members of the Monroe County Planning Commission; appointing _~
or re-appointing 2 new members to vacant seats; directing the r
Growth Management Division to proceed with an amendment to
section 102-20 of the Monroe County Code to establish Planning
Commission member terms commensurate to that of the
./"sponsoring member of the Board of County Commissioner. VIEW
~~ COMMISSIONER CARRUTHERS - Approval of direction to
staff to develop projects at Higgs Beach for which the TDC DAC 1
Special Beach Fund can be used, and that since the fund was
established and set aside for DAC 1 in years past, that the proposed
projects not be subject to the annual TDC capital projects RFP
/ process. VIEW
y COMMISSIONER CARRUTHERS - The discussion and ~
approval of resolution establishing an Emergency Medical.. ~:~
Transportation Task Force for the purpose of identifying existing ~-
needs and gaps in services; procedures for improving
communication regarding trauma emergencies, and the possible
establishment of a coordinated medical transport system by
private, public or combination of service providers. VIEW
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K. C9MMISSIONERS' ITEMS - CONTINUED
~ COMMISSIONER MURPHY - Approval of a resolution of the
C:::::::;;/ Board of County Commissioners of Monroe County renaming the
Green Building Code Task Force to the Green Initiative Task
Force; changing that the recommendations be made to the Board of
County Commissioners, rather than the Building Department, and
that the Task Force provide recommendations not on local
technical amendments but on green standards for implementation
in Monroe County to improve local quality of life and create a
more efficient government. VIEW
COMMISSIONER DiGENNARO - Approval to reappoint
Donna Flammang to the Duck Key Security District Advisory
Board for a second term. VIEW
COMMISSIONER DiGENNARO - Approval to appoint Billy
Wagner to the Duck Key Security District Advisory Board. VIE W
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f;s.
L. COUNTY CLERK
K Report ~()~~
~ 2. Official approval of the BOCC minutes from the special meetings
of February 4 & 27, 2009 and Regular meeting of February 18,
2009.
~3. Approval of Warrants. VIEW
G:>4. Approval to remove surplus equipment from inventory via disposal
or advertise for bid. VIEW
f>5. Approval of Tourist Development Council Expenditures for the
month of March, 2009. VIEW
M. JOUNTY ADMINIS1RATOR
~ \, 1. Report VIEW .~)
C/ ~ 2. Approval to rescind the Interlocal Agreement between Momoe t"',t
County and Islamorada, the Village of Islands to share the costs of tw
Federal and State Lobbyist services to advocate for funding on the j vY'
subject of wastewater and other infrastructure projects in the
Florida Keys, and approve a new version of the agreement. VIEW
~ 3. Approval of a Resolution in support of Eco-Mariner, an
educational course designed to help Boaters and anglers enjoy and
preserve Florida Bay. VIEW
~ 4. Approval to rescind Agreement with Congresswoman Ileana Ros-
Lehtinen approved by the BOCC on 3/18/09 (Item 07) to provide
office space at the Murray E. Nelson Government and Cultural
Center in Key Largo, FL and approve revised Agreement and
District Office Lease Attachment subsequently presented by the
Congresswoman's District Office for approval and execution by
the BOCC. VIEW
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UNTY ATTORNEY
Report
Approval to advertise and hold a public hearing to consider
approval of a County Ordinance to strengthen "Whistleblower"
protection policies for County employees. VIEW
Approval of a Local Option Gas Tax Sharing Interlocal Agreement
between Monroe County and the City of Key West, the City of
Key Colony Beach, the City of Layton, the City of Marathon and
~e City of Islamorada, Village of Islands. VIEW
J4. Approval to advertise and hold a public hearing to consider
- approval of a County Ordinance amending Sec. 22-1 OO(b) of the
Monroe County Code to provide a $225 fee for business not
otherwise taxed under the provisions related to business taxes.
VIEW
Approval of Mayor executing Quitclaim Deed to Islamorada,
Village of Islands for an Unnamed Road, a 20 foot Access Road
Dedicated Across Plat of Survey of Roger L. and Sarah Albury and
Alec De Brocq Property, platted at PB 2, p. 51, excepting that
portion previously abandoned by Monroe County Resolution
No. 106-1981, with any recording fees to be borne by the Village.
VIEW
Approval of request to schedule a closed executive session of the
Board of County Commissioners in the matter of Roy's Trailer
/park Inc v. Monroe County, CA K 07-1505 during its regular
meeting scheduled for May 20,2009 in Key Largo. VIEW
- Approval of one of two versions of Resolution Adopting a Fee
Waiver Policy for TraumaStar billing. VIEW
Approval to advertise and hold Public Hearing to consider
adoption of a County Ordinance regarding preference to local
businesses in bidding procedures. VIEW
Approval of Amendment No. 1 to Ground Lease for Overseas
Redevelopment Company, LLC for affordable housing project at
Flagler Village. VIEW
~~O. Approval of Agreement for Consulting Services with Reid Ewing.
VIEW
--- 11. Authorization for County Attorney's office to take all steps
necessary to defend the County's interests in Michael C.
Addison and Richard T. Petitt v. City of Tampa, Case No.: 03-
,_ _ / 5425, including opting out of any Defendant class. VIEW
'. -@J-Z Approval to advertise a public hearing for an ordinance creating
Section 2-429 of the Monroe County Code, a code of ethics for
members of advisory or quasi-judicial boards. VIEW
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COUNTY ATTORNEY - CONTINUED
.813. Approval of payment of $61,353.00 to Ferencik, Libanoff, Brandt,
Bustamante & Williams, P .A. for legal services provided on behalf
of Monroe County in the matter of Monroe County v. Bender &
Associates, etc/D.L. Porter Constructors, Inc. v. Bliss-Cashier
Metal Products, Inc., Case No. 03-CA-915-K. VIEW
Ratification and approval of contract between West Publishing and
the County Attorney's Office. VIEW , _ 0-,
Approval of a Lease with Tropical Watersports, LLC for a.,. ~~
watersports equipment rental concession on Clarence S. Higgs ~.
Memorial beach. VIEW
Approval of Resolution to extend the default date for the SHIP
mortgage issued to Woods Comer. VIEW
Presentment of petition requesting a referendum for the
establishment of a special neighborhood improvement district as
provided in S. 163.511, F.S. & S. 9-1. MCC. No action required.
VIEW
PU.Bi'IC HEARINGS
~ Approval of a resolu,tion of the Monroe County Board of
County Commissioners amending the Planning and
Environmental Resources fee schedule by changing the fee for
a Beneficial Use Determination. VIEW
A Public Hearing regarding the Issuance of Certificate of
Public Convenience and Necessity (COPCN) to City of
Marathon - Fire Rescue for the operation of an ALS transport
ambulance service for the period April 15, 2009 through April
14,2011. VIEW
A public hearing to consider approval of an ordinance
amending Section 2-179(c), Monroe County Code allowing an
exception to the prohibition against staff attorneys performing
outside legal services in very limited circumstances - for family
members when there is no conflict with job duties, on a case-
by-case basis upon specific approval by BOCC. VIEW
A public hearing to consider adoption of a County Ordinance
amending Section 23-85( c) of the Monroe County Code to
include yearly rentals and all residential rentals regardless of
form of ownership. VIEW
A public hearing to consider an ordinance prohibiting the sale
of merchandise in the rights- of-way within Monroe County.
VIEW
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ADA Assistance: Anyone needing special assistance at the Board of County Commissioners'
meeting due to a disability should contact the County Administrator's office at 292-4441 by
12:00 p.m. on Friday, April 10, 2009.
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P~.M.
vi30 P.M.
~ Xf:OO P.M.
J:OO P.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY,APRIL 15,2009
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
E 1/E2 - Land Authourity
Lunch Break
11/12 - Wastewater
HI - Project Management
01/05 - Public Hearings