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05/18/2005 Agenda 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. Wednesday, May 18,2005 Key Largo Library Tradewinds Shopping Plaza 101485 Overseas Highway Key Largo, Florida 8:30 A.M. - Closed Session 9:00 A.M. - Regular Meeting 10:00 A.M. - Land Authority Governing Board 3:00 P.M. - Public Hearings 5:01 P.M. - Public Hearings TIME APPROXIMATE REGULAR MEETING 8:30 A.M. CALL TO ORDER INVOCA nON SALUTE TO FLAG 8:30 A.M. A. CLOSED SESSION 1. Closed Attorney-Client Session of the BOCC to discuss settlement negotiations or strategy sessions related to litigation expenditures in the case of Monroe County v. Post, Buckley, Schuh & Jernigan. VIEW 1 B. ADDITIONS, CORRECTIONS, DELETIONS C. PRESENTATION OF AWARDS 1. Presentation of Proclamation declaring the week of May 1-7, 2005 as Youth Week. VIEW 2. Presentation of Proclamation declaring the month of Mayas Jury Appreciation Month. VIEW 3. Presentation of Award by the Florida Keys Council for People with Disabilities to Cheeca Lodge for outstanding service to people with disabilities. VIEW 4. Presentation of Years of Service Award for 15 years of service to Monroe County to Danny Powers, Firefighter/EMT. VIEW 5. Presentation of Proclamation recognizing that the Board of County Commissioners, Monroe County will take measures necessary to collaborate with other Stakeholders to develop and implement the 10-year plan to end homelessness. VIEW 6. Presentation of Proclamation recognizing June as "Metropolitan Community Church-Key West" Month. VIEW D. BULK APPROVALS - MAYOR SPEHAR 1. Approval to advertise a Request for Proposals for Parking Lot Management for the Key West International Airport. VIEW 2. Approval for Gardens of Eden to continue landscape maintenance at the Key West International Airport on a month to month basis pending a renewal agreement. VIEW 3. Approval of Purchase Service Order with URS to provide an Environmental Assessment for the Terminal Project at the Key West International Airport. VIEW 4. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW 5. Approval of contract amendment with the Keys Physician Hospital Alliance (KPHA). VIEW 6. Approval of an amendment to increase the contract for Eagle Security, Inc., in the amount of $4,088.80, and to continue services on a month to month basis at the discretion of the Duck Key Security Advisory Board until the RFP process is completed and a new contract for services is entered into. VIEW 7. Approval of Attachment D to contract with Guidance Clinic of the Middle Keys, which concerns subcontracting of Baker and Marchman Act transportation to Elaniess Corp. VIEW 2 D. BULK APPROVALS - CONTINUED 8. Approval of Entry and Testing Agreement with New Cingular Wireless PCS, LLC, to allow access to the North Key Largo Tower Site to conduct testing prior to negotiating an agreement to lease tower space. VIEW 9. Approval to apply and for the Mayor to sign a grant application to the Florida Department of Community Affairs for a Hazard Mitigation Grant in the amount of $4,500,000, to relocate, design and construct a permanent and dedicated Emergency Operations Center (EOC). VIEW 10. Approval of an application for a Homeland Security Grant to enhance security and communications in the Emergency Operations Center (EOC) and for Emergency Management Operations, subject to clearance by the County Attorney of Pages 26 and 27, concerning Equal Employment Opportunity Certification. VIEW 11. Approval to waive purchasing policies and procedures and issue a purchase order to Commercial Laundry Equipment Co., Inc. for $26,876 for two (2) new Industrial Washers for the Monroe County Detention Center on Stock Island. VIEW 12. Approval to trade in seven dump trucks and four road tractors and Lease/Purchase four new Mack dump trucks and three new Mack road tractors through the Florida Sheriffs Association and Association of Counties' contractor Nextran Truck Center for the Road Department. VIEW 13. Approval of a Renewal Agreement with F. James Chaplin d/b/a Island Marina, Inc. for office space in Marathon for the State Attorney and the Public Defender. VIEW 14. Approval to award bid and enter into a contract with Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant at the Roth Building. VIEW 15. Approval of renewal of management agreement with the Upper Keys Family YMCA for management of the Key Largo Community Park in the amount of $42,701.53 per year. VIEW 16. Approval to award and execute Contract with Currie, Sowards, Aguila Architects for planning, design, contract documents, and construction administration services for the construction of an Upper Keys Government Center. VIEW 17. Approval of a Lease Agreement for Advanced Modular Structures, Inc. for a lease of trailer for one year to be used as temporary housing for fire crew at Tavernier Fire Station. VIEW 18. Approval of Contract Amendment with William P. Horn, Architect, P.A. for North Key Largo Fire Station. VIEW 19. Approval to Award Bid and execute Contract with Overholt Construction Corporation for construction of North Key Largo Fire Station. VIEW 3 D. BULK APPROVALS - CONTINUED 20. Receipt of monthly report on Change Orders reviewed by the County Administrator. VIEW 21. Approval of Purchase Order for MBI/K2M to perform Architectural/Engineering services for the Big Pine Key Community Park. VIEW 22. Approval to renew annual contract for MBI/K2M for Monroe County projects not to exceed $1,000,000.00. VIEW 23. Approval to execute Agreement No. OT050680 between South Florida Water Management District (SFWMD) for new stormwater improvement projects throughout the County, subject to review and approval by the County Attorney. VIEW 24. Approval to modify the Roadway Improvement Plan for Old State Road 4A as described in Supplemental Agreement for Road and Bridge Fund between Islamorada Village of Islands, Florida and Monroe County, dated July 18,2001. VIEW 25. Approval to pay Monroe County's portion of liability as determined by the U.S. Department of Labor (US DOL) as a result of the KPMG Independent Audit. VIEW 26. Approval to purchase the FY 2005 budgeted transportation bus piggy backing to the FDOT FVPP-03-SC-l Florida Procurement Program. VIEW 27. Approval to award bid and enter into an agreement with Stand Up for Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters in the amount of $248,598 per year. VIEW 28. Approval of a Resolution urging the South Florida Workforce not to close any of the three One-Stop Career Centers or reduce funding in Monroe County due to the distance and hardship created to Monroe County's citizens who rely on them to find work. VIEW 29. Approval to award bid and enter into an agreement with The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter in the amount of $365,625 per year for a period of five (5) years; and approval of Resolution transferring funds through the end of the fiscal year. VIEW 30. Approval of an issuance of a Certificate of Public Convenience and Necessity (COPCN) to Ocean Reef Volunteer Fire Department, Inc., d/b/a Ocean Reef Public Safety Department for the operation of an ALS transport ambulance service. VIEW 31. Approval to waive purchasing policies and procedures and issue a purchase order in the amount of $52,366 to Florida Keys Electric, Inc. for the emergency replacement of the automatic transfer switch at the Key West Courthouse. VIEW 4 D. BULK APPROVALS - CONTINUED 32. Approval of a Modification to an Interlocal Travel Agreement for Reimbursement of Travel Costs for Governmental Liaison Jim Malloch who serves on the South Florida Workforce Board (SFWB) and on the South Florida Employment and Training Consortium (SFETC) representing Monroe County Locally Elected Officials (LEO's) in all Workforce Investment Act (WIA) activities in Miami for Region 23. VIEW E. TOURIST DEVELOPMENT COUNCIL 1. BOARD OF COUNTY COMMISSIONERS - Announcement of one vacant position on the Tourist Development Council District I Advisory Committee for an "At Large" appointment. VIEW 2. Approval of an Amendment to Agreement with Stuart Newman Associates, Inc. to exercise option to extend Agreement for two additional years with a cost increase for services provided. VIEW 3. Approval of a Destination Event Agreement with Marathon Hospitality Association, Inc. covering the Hibiscus Pedal in Marathon on November 11-13, 2005 in an amount not to exceed $14,000, DAC III, FY 2005 Event Resources. VIEW 4. Approval to modify and extend Agreement with The Market Share Company for an additional one year period to coincide with the expiration of related contracts. VIEW 5. Approval of an Amendment to Agreement with the Islamorada Village of Islands for the Fishing Pier proj ect to extend Agreement until September 30,2006. VIEW F. STAFF REPORTS 1. COMMUNITY SERVICES 2. MANAGEMENT SERVICES 3. PUBLIC SAFETY 4. PUBLIC WORKS 5. FIRE RESCUE 6. AIRPORTS 7. GROWTH MANAGEMENT 8. ENGINEERING 5 11:00 A.M. ADJOURNMENT 10:00 A.M. J. ADJOURNMENT G. DIVISION OF MANAGEMENT SERVICES 1. Discussion of participation in a Career Education program through Monroe County Schools for a two-year pre-apprenticeship program. VIEW H. DIVISION OF PUBLIC SAFETY 1. Approval of funding in an amount not to exceed $184,000 for Enhanced Hurricane Protection Area (EHPA) Upgrade Cost at new Poinciana Elementary School. VIEW I. DIVISION OF ENGINEERING 1. Presentation and approval of Development Program for the Upper Keys Government Center. VIEW LAND AUTHORITY GOVERNING BOARD 1. Approval of minutes for the April 20, 2005 meeting. VIEW 2. Approval of a Resolution authorizing the purchase and conveyance of Lot 29, Ramrod Shores Third Addition on Ramrod Key in partnership with Habitat for Humanity and the Florida Keys Community Housing and Land Trust, Inc. for affordable housing. VIEW 3. Approval of an Interlocal Agreement with the City of Key West concerning the purchase of a conservation easement on the Key West Botanical Garden Addition property. VIEW 4. Approval to purchase Key Largo acreage (RE 90830-000000) for conservation. VIEW 5. Approval of a Resolution authorizing the subordination of the Land Authority's mortgage loan for Meridian West Apartments. VIEW K. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS 1. Approval of a resolution authorizing Code Enforcement Inspector, Michael McCabe, to issue citations for disposition in county court. VIEW 6 1:30 P.M. K. GROWTH MANAGEMENT - CONTINUED 2. Approval of a 3-party contract with Coastal Gunite Construction Company and the State of Florida Department of Environmental Protection, Office of Greenways and Trails to perform construction services for the completion of bridge repairs and upgrades at Big Coppitt Key and Saddlebunch Keys on the Florida Keys Overseas Heritage Trail and approval of a request for the BOCC to waive contract policy that venue be in Monroe County. VIEW 3. Approval of an amendment to the Contract between Monroe County and Comcast to provide continuing media services in support of public education concerning the No Discharge Zone in place within state waters of the Florida Keys National Marine Sanctuary. VIEW 4. Approval for a Grant of Conservation Easement for Lots 1,2, & 3, Block 3 Unrecorded plat of Oceana subdivision, Monroe County Records, Monroe County, Florida, RE#0085400-000100, 0085440- 000100. VIEW 5. Approval of a Contract with Patricia McNeese to complete the Lignumvitae Key Submerged Land Management area Boat Grounding Proj ect. VIEW 6. Approval to utilize site mItIgation funds ($294,708.08) appropriated by the BOCC on 18 August 2004 to the Key Largo wastewater Treatment District for any of the potential restoration options approved by FEMA, including the restoration of historic elevations on a site in North Key Largo. VIEW 7. Approval of a resolution to amend Resolution 471-2003 revising the Implementation Plan for Wastewater Assistance for Low and Very Low-Income Households as set out in Attachment 2 of the Resolution. VIEW L. DIVISION OF GROWTH MANAGEMENT 1. Written Litigation Report. - Written Report included with the Add- Ons. VIEW M. W ASTEW A TER ISSUES 1. Report - Commissioner McCoy, Wastewater Liaison. 2. Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida committing to assist the Key Largo Wastewater Treatment District (KLWWTD) in the financing of a regional wastewater system. VIEW 7 M. W ASTEW A TER ISSUES - CONTINUED 3. Discussion of detailed explanation from the County Administrator on his Municipal Assessment Proposal, to pay for wastewater and how it would apply to hook-up costs in the future as opposed to the present way of doing so. VIEW 4. Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida with respect to reimbursement of certain costs relating to the acquisition, construction and equipping of various wastewater facilities within the County. VIEW (Revised Resolution) 5. Discussion and approval to request from the Florida Keys Aqueduct Authority a transfer of wastewater authority from the south end of the 7-mile bridge to, but not including, the area served by the Key West Resort Utility or Key Haven Utilities. VIEW N. MONROE COUNTY SHERIFF DEPARTMENT 1. Approval of request for expenditure from Law Enforcement Trust Fund. VIEW O. MONROE COUNTY HOUSING AUTHORITY 1. Approval of the Key Largo eligibility list for the Community Development Block Grant (CDBG) sewer connection assistance program and recognition of the CDBG's conflict of interest requirement. VIEW 2. Approval for a waiver of the SHIP Rental Strategy terms and conditions that require a note and mortgage against newly created rental units on Housing Authority property. VIEW P. COMMISSIONERS' ITEMS 1. MAYOR SPEHAR - Approval of Resolution in recognition of the late Wilhelmina G. Harvey. VIEW 2. MAYOR SPEHAR- Approval of Resolution in recognition of the late Nancy Jameson. VIEW 3. MAYOR SPEHAR- Approval of Resolution in recognition of the late Mario Sanchez. VIEW 8 2:30 P.M. P. COMMISSIONERS' ITEMS - CONTINUED 4. COMMISSIONER RICE - Approval to name the new terminal at the Key West International Airport for Charles "Sonny" and Merili Hilton McCoy. The building will generically be referred to as the "McCoy Terminal Complex". VIEW 5. COMMISSIONER NELSON - Discussion of a trip to Tallahassee by Commissioner Nelson to ascertain date of rule challenge determination, funding of $20 million to match $10 million bond money and to discuss ways the State of Florida can assist Monroe County to meet their workforce housing needs. VIEW 6. COMMISSIONER NELSON - Approval to hire the Seibert Law Firm of Tallahassee, FL to represent Monroe County at the state and local level to further the ability of the county to create workforce housing units. VIEW 7. COMMISSIONER NELSON - Discussion of the progress being made on the demolition and bid for the Government Center located on the Quay property, Key Largo. VIEW 8. COMMISSIONER NELSON - Discussion of the limits of enclosures on residential properties to meet FEMA requirements. VIEW 9. MAYOR SPEHAR - Approval of a Resolution of the Board of County Commissioners beseeching the FDOT to eliminate most if not all of the dynamic message sign structures. VIEW 10. MAYOR SPEHAR - Approval of a Resolution of the Board of County Commissioners supporting the concept of a 10-year plan to end homelessness. VIEW Q. COUNTY CLERK 1. Report 2. Official approval of the Board of County Commissioners minutes from the Regular meetings of March 16 & 17,2005 and Special Meetings of March 10, 2005, and April 2, 2005 (previously distributed). 3. Approval of Warrants. VIEW 4. Approval of Tourist Development Council Expenditures for the month of April, 2005. VIEW 5. Approval to advertise equipment and bid and approval to remove surplus equipment from inventory via disposition and transfer. VIEW 6. Request approval for an extension for filing of the Clerk of the Court's non-court related budgets for Fiscal Year 2005-2006 to July 1,2005. 9 9:45 A.M. 2:00 P.M. R. COUNTY ADMINISTRATOR 1. Report 2. Presentation and discussion of Health CAP benefits plan. VIEW 3. Presentation by the Key Largo Chamber of Commerce on the purchase of potential park properties with waterfront access. VIEW 4. Submission of written staff report outlining research relative to the use of water saving plumbing fixtures in new residential construction and the construction and renovation of government facilities. VIEW 5. Confirmation by the Board of County Commissioners of County Administrator's selection to fill one of two Deputy County Administrator (DCA) positions and approval of position job description. VIEW 6. Approval of a Resolution authorizing the temporary closing of the Northbound Lanes of USl from mile marker 98.2 to mile marker 100 from 10:00 a.m. to 11 :30 a.m. for the annual 4th of July Parade sponsored by The Reporter Newspaper. VIEW 7. Approval of a Resolution in support of the Southernmost Assistance League's (SHAL) efforts to bring increased U.S. Department of Housing and Urban Development (RUD) Homeless Assistance funds to Monroe County; recognizing HUD for meeting with SHAL in Washington, and urging HUD to provide a copy of the methodology used to determine the Monroe County Pro-Rata Need (PRN) to SHAL. VIEW 8. Approval to negotiate with providers of Purchasing Cards to enter into an agreement for same and approval to waive RFP process for same. VIEW S. COUNTY ATTORNEY 1. Report a. Discussion of sale oflots on Cudjoe Key by County. VIEW 2. Approval of payment to BellSouth of $47,645 for 911 service invoices from fiscal year 2003. VIEW 3. Approval of Addendum to Inter-local Agreement with the City of Marathon to continue to provide the services of County Contractors Examining Board to Marathon through September 30, 2007. VIEW 4. Authorization to execute and record Page 2 of the "First Amendment to Professional Services Contract" between Monroe County and Thomas Wright which approved by the BOCC on 4/20/2005. VIEW 10 3:00 P.M. S. COUNTY ATTORNEY - CONTINUED 5. Approval to advertise an Ordinance amending the Arts in Public Places Ordinance to provide a preference for local artists. VIEW DELETE 6. Approval of Addendum to Lease of property from DOT for sub- lease to Islamorada Chamber of Commerce and of Disclaimer in expired DOT lease for same property. VIEW 7. Consideration of Settlement Offer by Blair and Althea Mooney. VIEW 8. Approval of a contract with Calloway & Price, Inc., for real property appraisal report for property located at 98970 Overseas Highway, Key Largo, Florida. This property is proposed to be purchased for use by Habitat for Humanity of the Upper Keys. VIEW 9. Approval of a contract with Quinlivan Appraisal, P.A., for real property appraisal report for property located at 98970 Overseas Highway, Key Largo, Florida. This property is proposed to be purchased for use by Habitat for Humanity of the Upper Keys. VIEW 10. Approval of a Agreement for Sale and Purchase of real property located at 98970 Overseas Highway, Key Largo from Gregory and Diana Pardo. This property is proposed to be purchased for use by Habitat for Humanity of the Upper Keys. VIEW T. PUBLIC HEARINGS 1. Public Hearing to consider adoption of Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Tarpon Street, and an access driveway to Lot 28, as shown in Plat Book 1, Page 103 of the public records of Monroe County, Florida. VIEW 2. Public hearing to consider a request for Administrative Relief from Miles Teach, Lot 27, Block 2, Harris Ocean Park Estates Subdivision, Key Largo, Real Estate Number 00447410.000000. VIEW 3. Public hearing to consider a request for Administrative Relief from Juan and Carlos Escar for Lot 7, Block 8, Winston Waterways No.2 Subdivision Key Largo, Real Estate Number 00547211.002500. VIEW 11 5:01 P.M. U. PUBLIC HEARINGS 1. Public Hearing to consider an Ordinance to repeal Ordinance 011-2004 due to a scrivener's error; create Section 9.5-21(i) Monroe County Code, authorizing the BOCC to adopt by resolution, fees to be charged by the Monroe County Growth Management Division for land development application, permits, approvals, appeals; and, amend Sections 9.5-491(c), 9.5-492(c), Section 9.5-493(c), 9.5-494(b), and 9.5-495(b), that imposed fair share impact fees for development and deleting Section 9.5-522, for filing fees. (One public hearing required.) VIEW (REVISED ORDINANCE) 2. Public hearing to consider an ordinance to amend Section 9.5- 269 of the Monroe County Land Development Regulations concerning nonresidential district open space requirements. (One public hearing required.) VIEW 3. Public hearing to consider a Department of Community Affairs transmittal resolution to amend Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan concerning a County-wide staged/phased evacuation in the event of a pending major hurricane (category 3-5). (One public hearing required.) VIEW 4. Public hearing to consider an Interim Development Ordinance for the Tavernier Historic District Overlay deferring the acceptance of development applications until design standards and guidelines are adopted and expiring within six months after the effective date of the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 or the adoption of design standards and guidelines, whichever comes first. (1st of 2 public hearings.) VIEW 5. Public hearing to consider an Interim Development Ordinance for the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 deferring the acceptance of development and providing for expiration within six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or upon adoption of design standards and design guidelines, whichever comes first. (1st of 2 public hearings.) VIEW 6. Public hearing to consider an Interim Development Ordinance (IDO) deferring the acceptance of applications for redevelopment and conversion of five units or more of multi- family rental housing and/or mobile home parks within 120 days of the effective date of the Ordinance or when the comprehensive plan and land development regulations become effective, whichever comes first. (2nd of 2 required public hearings.) VIEW 12 PUBLIC HEARINGS - CONTINUED 7. Public hearing to consider an Interim Development Ordinance (IDO) deferring the acceptance of applications for redevelopment and conversion of marine facilities including commercial marinas and working waterfront within 365 days of the effective date of the Ordinance or when the comprehensive plan and land development regulations become effective, whichever comes first. (2nd of 2 required public hearings.) VIEW 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, May 13,2005. 13 /8:30 AM. /9:00 AM. 1'45 A.M. v/JfO AM. z; ~P.M. vIoo'/M ~O;.M. ~P.M. J:Ol P.M. AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, MAY 18,2005 TIMESAPPROX~ATE Closed Session Board of County Commissioners Regular Meeting R2 - County Administrator H/J5 - Land Authority HI - Division of Public Safety Lunch Break Reconvene Ml/M5 - Wastewater Issues R3 - County Administrator P6~- Commissioner Nelson T11T3 - Public Hearings U11U7 - Public Hearings