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11/20/2002 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, November 20,2002 Key Largo Library Tradewinds Shopping Plaza 101485 Overseas Highway Key Largo, Florida Regular Meeting 9:00 A.M. Public Hearings 3:00 P.M. Public Hearings 5:01 P.M. TIME APPROXIMATE REGULAR MEETING 9:00 A.M. CALL TO ORDER INVOCATION SALUTE TO FLAG ./ A. Presentations to Mayor McCoy and Commissioner Jimenez j. Comments from Commissioners CALL TO ORDER OF 2003 BOARD OF COUNTY COMMISSIONERS C. COMMISSION ORGANIZATION v' 1. Oath of Office to newly re-elected Commissioner George Neugent v2. Oath of Office to newly elected Commissioner David P. Rice )3. Selection of the Mayor and Mayor Pro Tern of the Commission ) C. c;oMMISSION ORGANIZATION - CONTINUED /4. Approval of Resolution electing the Mayor and Mayor Pro Tern for . the Board of County Commissioners for 2002 - 2003 / Approval of Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations V'D. ADDITIONS, CORRECTIONS, DELETIONS PRESENTATION OF AWARDS ..J. Presentation of Proclamation proclaiming the month of November, 2002 as National Adoption Month and November 23, 2002 as National Adoption Day IJ." j::J." jil." ~6." BOARD OF COUNTY COMMISSIONERS - INTERVIEWS - COUNTY ATTORNEY POSITION 11 Interview of two finalists for the position of Monroe County J Attorney and selection of one to be the new County Attorney E. 9:30 A.M. F. / G. bl. ~2. fj. ~. ~. (~6. BULK APPROVALS - COMMISSIONER NELSON Approval to remove surplus equipment from inventory VIa advertising for bid, removal and disposal Approval to award Public Works surplus equipment excluding items #1, 3 and 4 (County unit numbers 0940-034, 0944-020, and 0940-170) as described in attached Recap of Bid Opening Approval to renew School Board/Monroe County Interlocal Agreement for joint use of fuel facilities and combined bulk fuel purchasing Requesting approval to purchase five (5) ~ ton pickup trucks and two (2) 1 ton pickup trucks from Florida Sheriff s Association and Florida Association of Counties vehicle/equipment contracts Approval of an amendment to the Memorandum of Understanding with the Monroe County Sheriff's Office concerning bank deposits for the Card Sound Toll Authority Approval to renew the Lease Agreement with Monroe County Sheriff s Deputy, Sever Hustad, to lease the trailer at Harry Harris Park for an amount of rent totaling $425.00 per month 2 / BULK APPROVALS - CONTINUED 67. Approval of Business Lease with Ships Way, Inc., to continue , occupying for office space for Commissioner Neugent on Big Pine (l" Key \J8. Approval to waive meeting room facility fees as requested by the AARP who is sponsoring a free service to the taxpayers of the county at the Marathon Government Center, and Harvey Government Center meeting rooms Receipt of monthly report on Change Orders reviewed by the County Administrator Approval to award contract to G. M. Selby & Associates, Inc. for Professional Services for Electrical Service Upgrade at Jackson Square Approval to negotiate and enter into a contract with D. N. Higgins, Inc. to outfit the Property Appraiser's existing computer room with an FM 200 type fire suppression system Approval of contract with William P. Horn, Architect, P.A. for the renovation, addition to the existing or construction of a new Big Pine Key Fire Station Approval to reject bids and re-advertise for the construction of the Garrison Bight Bridge Fenders Approval of revised Monroe County Seven Year Roadway/Bicycle Path Plan, November 2002 Approval for the Islamorada and Big Pine Key Branch Libraries to close at 6:00 p.m. on Tuesday, December 24, 2002, and Tuesday, December 31, 2002 Approval of the Renewal of Home and Community Based Services Waiver Referral Agreement between the Alliance for Aging, Inc. and Monroe County Social ServiceslIn Home Services Program, July 1,2002 through June 30, 2003 Approval of a contingency lease agreement renewal with T oppino' s, Inc. Approval to award the Solid Waste Management surplus equipment to highest bidders, excluding Item 31 (County ID 0973- 049) and Item 32 (County ID 972-024), as described in the attached Recap of Bid Opening Approval of an Agreement with the State of Florida, Division of Community Affairs concerning the Hazardous Material Plan, Agreement #03CP-II-II-54-22-074 Approval for the Key West International Airport to fund 50% of a sound/music system for the Terminal Building to support the Florida Keys Council of the Arts "Music in the Airport Project" Approval of an Extension Agreement for Gardens of Eden for Landscape Maintenance at the Key West International Airport Approval of Purchase Service Order for URS to perform a fuel tank assessment at the Key West International Airport G. ~~. ()10. 6 11. ~ 12. l13 V tt4. Jf v c ~6. ~17. ~18. b19. ~o. ~ 21. (? 22. / 3 G. BULK APPROVALS - CONTINUED ~~3. ~4. c::;--~. 't ;I c- 027. ~28. ~29. ~.30 . b~ I. Approval of Young Eagles Rally at the Key West International Airport, November 30, 2002 Approval to complete and submit application for Residential Substance Abuse Treatment for Local Correctional Facilities grant to Florida Department of Law Enforcement (FDLE) Authorization for the Mayor to execute the fiscal year 2003 Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Contracts with the Florida Department of Law Enforcement II J I J for the programs shown on the attached list ~. ~~ ~ Authorization for the Mayor to execute the fiscal year 2003 Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Contracts with the provider agencies shown on the attached list Approval to accept renewal with Arthur J. Gallagher to provide Airport Errors & Omissions Insurance at a annual premium not to exceed $15,210 Approval of Workers' Compensation Settlement in the amount of $147,000 inclusive of attorney's fees and costs for claim number 025759-LFE for date of injury 10/26/98 Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue ~ a.-L1 ~ ~'- " H. TOURIST DEVELOPMENT COUNCIL ~ 1. Approval of an Amendment to Agreement with Key West Botanical Garden Society to provide for an extension to the Agreement until March 15, 2003 62. Approval of TurnKey Funding Agreement with Superboat International Productions, Inc., covering the City of Marathon Super Boat Grand Prix 2003 on June 13-15,2003 in an amount not to exceed $45,922, DAC III, FY 2003 Third Penny Event Resources and $13,078 Two Penny Special Resources ~ 3. Approval of an Amendment to Agreement with Smith Travel Research to extend agreement and allow for change in compensation and scope of services (S 4. Approval of an Amendment to Agreement with Friends of Mallory Square to provide for an extension to the lighting/bust Agreement until March 15, 2003 J 4 11: 00 A.M. L"f DIVISION OF COMMUNITY SERVICES 1. Report J. DIVISION OF PUBLIC WORKS ~ Report ~. Approval to reject bids and re-advertise for La Paloma Bridge Demolition K. i}IRPORTS vf. Report ~. Approval of Contract Renewal with Birds of Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport at a rate of $402.90 per week ~. '* Approval of the Service Road Project Contract at the Florida Keys V Marathon Airport with Toppino's, in the total amount of $687,906.70 ~ ~. (,V~ 0"-' CX-t:U - c"'" ~~. L. JIVISION OF PUBLIC SAFETY _' Report ~ ~ M. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS 6 1. Approval of the Amendment to the Agreement between Monroe County and Arnold's Auto & Marine Report, Inc. for Derelict Vessel Removal Zone 1-2002 2. Approval of the Contract Agreement between Monroe County and Arnold's Auto & Marine Repair for the Emergency removal of a travel trailer located off of the Saddle Bunch #5 Bridge Approval of the Amendment to the Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV 3A3579 located off of Key Largo Approval of the Amendment to the Agreement between Monroe County and Spirit Marine Towing & Assistance to change DV3A3578 to DV3A3610 Approval of the Contract between Monroe County and Spirit Marine Towing & Assistance for the removal and disposal of a 42' derelict vessel and marine debris located off of Marathon 5 j M. GROWTH MANAGEMENT - CONTINUED ~6. Approval of the Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the Emergency removal of DV3A3719 located off of Islamorada 7. Approval of the Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the Emergency removal of DV3A3714 located off of Islamorada 8. Approval of the Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the Emergency removal of DV3A3618 located off of Marathon 9~ Approval of the Contract Agreement with American Underwater Contractors, Inc. {oJ; the @stablishmeftt ef tv.'O regulatory zones in ~ theUpPCI Keys . ---o..~~ <>--;)P-~~"'-- ~., ~ 10. Approval of the Contract Agreement with Blue Water Marine Services, Inc. for the removal of DV3A3350 located off of Marathon 11. Approval of the Contract Agreement with Blue Water Marine Services, Inc. for the removal of marine debris located in Boot Key Harbor 12. Approval of minor revisions to an agreement between Monroe County and Florida International University to continue water quality monitoring in the Little Venice area, approved at the October 2002 meeting (Item 13) 13. Approval to advertise a public hearing in consideration of an ordinance to impose a Monroe County Vessel Registration Fee pursuant to Section 328.66 14. Approval of a grant agreement between Monroe County and the South Florida Water Management District (SFWMD) for storm water and xeriscape improvements along the Overseas Heritage Trail on Big Coppitt and Approval to advertise a Request for Statements of Qualifications to complete the project 15. Approval of a contract with HOK Planning Group to prepare a Corridor Enhancement Plan for Big Pine KeylUS 1 16. Approval of a contract with Wade-Trim, Inc. to prepare a Parks and Recreation Master Plan for Monroe County 17. Approval of Calvin, Giordano & Associates, Inc. to complete the Geographic Information System (GIS) Zoning Project and direct staff to negotiate a contract 18. Approval for one Restrictive Covenant from Javier & Idania Vale and Lazaro H. Ruiz to have one dwelling unit on contiguous lots described as Lots 7 and 14, Block 5, Key Largo Park, Key Largo 19. Approval for one Restrictive Covenant from Harold & Judith Zimmerman to have one dwelling unit on contiguous lots described as Lots 95,96 and 97, Block 1, Yacht Club Island Sec. 4, Duck Key 6 J G M. GROWTH MANAGEMENT - CONTINUED B 20. Approval for one Restrictive Covenant from Roger & Vicky Pitts to have one dwelling unit on contiguous lots described as Lots 13 and 14, Block 4, Johnsonville, Big Coppitt 21. Approval for one Restrictive Covenant from Jon & Gabrielle Becker to have one dwelling unit on contiguous lots described as Lots 4 and 5, Block 7, Key Largo Ocean Shores Addition, Key Largo 22. Approval for one Restrictive Covenant from Wayne Rupinski and Eve Peerson to have one dwelling unit on contiguous lots described as Lots 1 and 2, Paradise Point Cove, Key Largo 23. Approval for one Affordable Housing Deed Restriction for a dwelling unit from James and Gabriele Ostrowicki ~4 - '3 d- N. ~IVISI:::: G~~ MANAGEMENT >7 .v( Update on legal issues - James T. Hendrick, Esq. ~ -3A Approval of a Resolution denying the request of Barbara Eads to '1/ rescind the Historic designation of the Leonard and Hannah Lowe House located at 91770 Overseas Highway, Tavernier, Florida O. MONROE COUNTY SHERIFF DEPARTMENT {'? 1. Approval of disposition of inventory items for the month of November, 2002 in the total amount of$156,518.34 P. MONROE COUNTY HOUSING AUTHORITY fL 1. Approval of a Resolution adopting the Monroe County \') Comprehensive Plan as the Community Development Block Grant, Community Development Plan ~2. Approval of a Resolution authorizing the submission of a grant application to the Department of Community Affairs under the 2003 Florida Small Cities Community Development Block Grant (CDBG) Program; providing the County Administrator the authority to execute same on behalf of Monroe County J 7 C/ Q. MONROE COUNTY HEALTH DEPARTMENT ~ 1. Approval of the annual Core Contract between the Board of County Commissioners and the Florida Department of Health, Monroe County Health Department, for services provided in Monroe County R. MONROE COUNTY PROPERTY APPRAISER fk 1. Approval to retain $240,000 in excess fees from the 2001-2002 \J budget to use towards a new appraisal computer system for the Monroe County Property Appraiser's office. Balance of system will be budgeted in FY 2004 budget S. MONROE COUNTY COURT ADMINISTRATOR b 1. Approval to enter into a Grant-In-Aid Agreement with the Justice Administrative Commission (JAC) T. COtMISSIONERS' ITEMS V; MAYOR MCCOY - Resolution requesting that U.S. Senators :; Bob Graham and Bill Nelson support legislation to limit punitive /~ damages in medical malpractice litigation . . MAYOR MCCOY - Discussion to determine the official position . of Monroe County regarding a proposal received by the U.S. Board of Geographic Names to officially change the name of Jewfish Creek in Monroe County to Goliath Grouper Creek ~/ COMMISSIONER SPEHAR - Approval to advertise an ordinance amending Ordinance No. 04-2000, Monroe County Code, providing that the owner of a mobile home park required to connect to an investor owned wastewater utility may pay the utility's connection fee in three equal installments; providing for , severability; providing for the repeal of all ordinances inconsistent J herewith; providing for incorporation into the Monroe County . Code of Ordinances; and providing an effective date 4. COMMISSIONER SPEHAR - An invitation is extended to the Board of County Commissioners to attend the Annual Joint Meeting of the Library Board/Friends of Library Groups, to take place in the BOCC room of the Marathon Government Center. The meeting is scheduled for March 18,2003, at 10:30 a.m. c c J 8 COMMISSIONERS' ITEMS - CONTINUED PJ 5. COMMISSIONER SPEHAR - Approval to accept a seven- hundred and fifty dollar ($750.00) check from the Greater Key West Chamber of Commerce to purchase a commemorative stone mounted plaque from Tom Sawyer Enterprises for the dedication of Smather's Beach COMMISSIONER SPEHAR - Approval to include a half day on December 24th for the Christmas Holiday and a half day on December 31 st for the New Year's Holiday COMMISSIONER NELSON - Approval to relocate the CommuniKeys match line at MM 97 to the south line of the amended plat of the Mandalay subdivision PB2.P25. This match line will separate planning area #1 from planning area #2 of the Island of Key Largo Livable CommuniKeys Plan COMMISSIONER NELSON - Resolution recognizing Ray Albury of Tavernier who passed away on August 15,2002 COMMISSIONER RICE - Approval of reappointment of Sylvia Murphy to the Human Services Advisory Board COMMISSIONER NEUGENT - Approval of a Resolution of support for the proposed numerical criterion of 10PPB of Phosphorus by the Department of Environmental Protection and sending a corresponding letter to the Environmental Regulatory Commission and relevant public officials COMMISSIONER NEUGENT - Discussion and possible action on seeking representation on greater Everglades ecosystem restoration committees (specifically South Florida Ecosystem Restoration Task Force Working Group and the State Water ,,/' Resources Advisory Committee) V I~. ~~ /!J /2J. ~ ~ l~a7 b It!. -Iv' T. J G ~ 7. (? 8. ~9. ~10. C/ U. COUNTY CLERK ~ ~ 1. Report ~ () r')2. Approval of Warrants ~3. Approval of Fines & Forfeiture ,.,4. Approval of Tourist Development Council expenditures for the month of October, 2002 f15. Official approval of the Board of County Commissioners minutes from the Regular Meeting of October 16, 2002 (previously distributed) 9 I 1:30 P.M. G V. COUNTY ADMINISTRATOR I Report ) . a) Report on the public's use of the BOCC agendas on the W County's Website _ct" )2. Review and discussion of the Health Profile Report for Monroe /?\ County, prepared by the Health Council of South Florida, and approval of invoice from Health Council in the amount of$15,000 Approval of Public Official Bond for Commissioner George Neugent Approval of Public Official Bond for Commissioner David P. Rice Approval of Public Service Bond for Charles William Langstaff with Monroe County Mosquito Control Discussion and approval of the Board of County Commissioners monthly meeting dates for 2003 Discussion and approval of the 2003 appointments of Commissioners to various duties Discussion of issues to be included in a local legislative package to be submitted to the Small County Coalition Approval to purchase the Quay property in Key Largo as a County government center Approval of a Resolution authorizing and directing the County Administrator and the County's financial advisor to solicit proposals from various financial institutions to provide financing to the County in order to refund certain outstanding indebtedness of the County and to finance various capital improvements (1,3. ~ j ~~ .j :y' ~ I J. w. JOUNTY ATTORNEY . Report 0: Discussion and authorization for payment of invoice from Ferencik Libanoff Brandt & Bustamante in the amount of $46,044.05 for September, 2002, for the defense of the County in the lawsuit of / Lodge Construction v. Monroe Coun!)' \G. ~ a..-JLJ2 0Y0 ~~. ~. II ADJOURNMENT r/USTRIAL DEVELOPMENT AUTHORITY . 1 Approval of an Amended and Restated Trust Indenture, an Amended and Restated Loan Agreement, and an Amended and Restated Mortgage and Security Agreement for the Series 1995 Revenue Bonds for the North Key Largo Utility Corporation Project ~~. M (Cod' V" <; ~~1 x. ADJOURNMENT I 10 3:00 P.M. Y. PUBLIC HEARINGS vA. " lY/ vi. C/ y ~ Public hearing on an Ordinance deleting Code provisions regarding parking at Sunset Point Park Public hearing on an Ordinance for the purpose of revising Article I, concerning County designated Regional Parks and the deletion from the Code of parks in the incorporated areas of the County Public hearing on an Ordinance for water and irrigation conservation which would limit the use of water in landscaping Public hearing to consider revisions to Chapter 5.5, Boats, Docks and Waterways, adding a def'mitions section, making several minor revisions for consistency, and consolidating numerous articles concerning regulatory zones into one article Public hearing on a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of King Street, Angler Park Subdivision, Key Largo Public hearing on a Declaration of Restrictive Covenant regarding the right-of-way in Hibiscus Park Subdivision, Key Largo o/'ASTEW A TER ISSUES vA. Update briefing on wastewater management projects and J issues .~ Approval to advertise~ordinanceScreating Municipal Service Taxing Units (MSTUs) for Conch Key, Marathon, Baypoint, ~ and Big Coppitt I'~ ~-07'--~ 4:00 P.l\t. z. 5:01 P.M. AA. JUBLIC HEARINGS V 1. Second of two required public hearings for proposed amendment to Section 9.5-243 (Destination Resort District), Section 9.5-244 (Recreational Vehicle District), Section 9.5-248 (Mixed Use District), and Section 9.5-250 (Maritime Industrial District) of the Land Development Regulations to permit public wastewater treatment facilities as a major conditional use 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, November 15,2002. ~ 11 ADD-ONS Page 2 /E2 Page 2 Page 2 Page 2 Page 4 Page 4 Page 7 Page 7 Page 7 Page 7 Page 7 JE3 )E4 !E5 JG30 031 M24 M25 M26 M27 M28 WEDNESDAY.. NOVEMBER 20.. 2002 PRESENTATION OF AWARDS - Presentation of Proclamation commending Harry Sawyer, Supervisor of Elections, for exemplary leadership and administration of the Monroe County Elections office resulting in national recognition for Monroe County PRESENTATION OF A WARDS - Presentation of Proclamation proclaiming the week of November 17, 2002 through November 23,2002 as National Hunger and Homelessness Week PRESENT A nON OF A WARDS - Presentation of Proclamation proclaiming November, 2002 as National Epilepsy Awareness Month in Monroe County PRESENTATION OF AWARDS - Presentation of Proclamation proclaiming December 1, 2002 as World Aids Day in Monroe County PUBLIC WORKS - Approval to enter into a 60 month lease agreement with Xerox for a new Engineering Copier Machine COMMUNITY SERVICES - Approval of Amendment #003 to OAA Contract #AA-229 (1/1/02 - 12/31/02) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and Monroe County Social Services/In Home Service Program GROWTH MANAGEMENT - Approval for the transfer of one buildable lot from Thomas D. & Carrie S. Ryan for Pine Channel Estates to Monroe County by Warranty Deed GROWTH MANAGEMENT - Approval for the transfer of one buildable lot from Marke & Holly Andre to Monroe County by Warranty Deed; and approval for one Restrictive Covenant from Marke & Holly Andre to have one dwelling unit on contiguous lots described as Lots 7 and 8, Ramrod Shores 3rd Addition, Ramrod Key GROWTH MANAGEMENT - Approval for the transfer of three buildable lots from Scott & Elizabeth Oropeza to Monroe County by Warranty Deeds GROWTH MANAGEMENT - Approval for the transfer of one buildable lot from Andrew M. Tobin for Joan Rossheim to Monroe County by Warranty Deed GROWTH MANAGEMENT - Approval for the transfer of two buildable lots from Allen E. & Ann Marie Perez to Monroe County by Warranty Deeds V(~O A.M. 130 A.M. v>1:00 A.M. ~OP.M. ,~P.M. ~.M. ~.M. ~IP.M. 5:30 P.M. AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDA Y, NOVEMBER 20,2002 TIMES APPROXIMATE Board of County Commissioners Regular Meeting F 1 - Interviews - County Attorney Position J2 - Public Works Lunch Break '1- County Administrator - Quay Property Y 1 - Y 6 Public Hearings Z 1 - Z2 - Wastewater Issues AA 1 Public Hearing Closed Sessions - Coltec Engineering Post Buckley Schuh & Jernigan, Inc.