12/18/2002 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, December 18,2002 Marathon Government Center
2798 Overseas Highway, MM 47.5 (Gulf)
Marathon, Florida
Regular Meeting 9:00 A.M.
Land Authority 10:00 A.M.
Fire & Ambulance District 1
Board of Governors 11 :30 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. ADDITIONS, CORRECTIONS, DELETIONS
~B. PRESENT A TION OF AWARDS
1. Presentation of Appreciation Plaque to Alice Skinger, upon her
retirement after over twenty years of service as Chairman of the
Monroe County Public Library Advisory Board
1
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B. PRESENT A TION OF AWARDS - CONTINUED
j 2. Presentation of Proclamation proclaiming December 21, 2002 as
National Homeless Persons Memorial Day
C. BULK APPROVALS - MA YOR SPEHAR
~1. Approval to terminate lease with Inspector Luis A. Vega, Jr. and
approval to enter into a one-year Lease Agreement with a Deputy
appointed by the Monroe County Sheriff to reside at the modular
home in Bernstein Park
~2. Approval to waive purchasing policies and issue a Purchase Order
to Siemens Building Technologies, Inc. for $27,750 to upgrade the
Firefighters Smoke Control Station at the Detention Facility on
Stock Island
~ 3. Receipt of monthly report on Change Orders reviewed by the
County Administrator
f> 4. Approval of management plan to administer the accelerated
Capital Improvements Plan
[;5. Approval to award bid and execute Contract with A. Herrmann
Associates, Inc., DBA Associates Roofing for the Marathon
Courthouse Roof Replacement project, and waiver of a technicality
of the submission after the sealed bids were opened of a
supplementary form requested in the RFB but not affecting the
base bid
~6. Approval to remove surplus equipment from inventory via
removal, disposal, and trade
f;> 7. Approval of Resolution authorizing James R. "Reggie" Paros to
execute, on behalf of Monroe County, Satisfactions of Lien
relating to the special assessment for solid waste collection and
disposal
f!>8. Approval of Contract with Adaptive Engineering to provide a
Disabled Passenger Device for the Key West International Airport
~9. Approval of URS Purchase Service Order to implement the
Airports Disadvantaged Business Enterprise Program
() 10. Approval of Contract with JACO Airfield Construction for Airfield
Guidance Signs and West Apron lighting at the Key West
International Airport
611. Approval of Contract with Quality Communications of Florida,
DBA Quality Communications Fire and Security, to provide
security/safety items for the Key West International Airport
& 12. Approval to solicit proposals for a Tax Anticipation Note for the
Breezeswept Beach Estates Municipal Service Culvert District in
/ an amount not to exceed $137,000 plus interest
'. 1" Authorization for the Mayor to execute the fiscal year 2003 Byrne
0- - -'.
Memorial State and Local Law Enforcement Assistance Formula
Grant Contract with the Boys and Girls Club
2 J
C. BULK APPROVALS - CONTINUED
0 V{4. 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
for the Boys and Girls Club Gang Prevention Program
c::;:::::; /15. Approval to apply for Residential Substance Abuse Treatment
Grant and for County Administrator to sign the application and
related certifications and attachments
~16. Approval of various resolutions for the transfer of funds and
resolutions for the receipt of anticipated revenue
~17. Approval of the Library Plan of Service for the year 2003
18. Approval of 2003 OAA (Older Americans' Act) Contract #AA-
329 (1/1/03 - l2/31/03) between the Alliance for Aging and the
Monroe County Board of County Commissioners, and approval for
the Mayor to sign Form IV.B. Match Commitment of Cash
Donation
~19. Approval of Amendment #004 to OAA Contract #AA-229 (1/1/02
- 12/31/02 between the Alliance for Aging and Monroe County
~20. Approval of Agreement between G. A. Food Service, Inc. and the
Board of County Commissioners to provide food service for the
contract year, January I, 2003 - December 31, 2003, with the
option to renew service agreement for one or two more additional
~ 21. years
Approval to solicit a Request for Qualifications for services related
to financial planning and policy development and services related
to debt issuance
622. Approval to extend servIces from Environmental Insurance
Services on a month to month basis for the Pollution Liability
6 JJ. A.u.. a-J..J..- CJ-t\../ ~ .
D. TOURIST DEVELOPMENT COUNCIL
5 1. Approval of a TurnKey Funding Agreement with Exclusive Sports
Marketing covering Publix Family Weekend on August 16 - 17,
2003 in an amount not to exceed $20,000
6 2. Approval of a TurnKey Funding Agreement with Key West
Investment Syndicate, Inc. covering the APBA Marathon Offshore
Grand Prix on May 15 - 18, 2003 in an amount not to exceed
$90,712
~ 3. Approval of a TurnKey Funding Agreement with Key West
Investment Syndicate, Inc. covering the APBA Offshore Worlds
Power Boar Races on November 17-23, 2003 in an amount not to
exceed $85,000
3 /
D. TOURIST DEVELOPMENT COUNCIL - CONTINUED
~ 4. Approval of an Amendment to Agreement with Key West
Symphony Orchestra, Inc. to allow for a change in schedule
~ 5. Approval of an Amendment to Agreement with Mel Fisher
Maritime Heritage Society, Inc. to extend Agreement until March
15,2003
~ 6. Approval of a new District III member to the KADO Dive
Umbrella
E. DIVISION OF COMMUNITY SERVICES
1. Report "!
F. DIVISION OF PUBLIC WORKS
1. Report X
/2. Discussion of property on Cudjoe Key for emergency response
J~. services and office space
Presentation of the Florida Department of Transportation
Tentative Five-Year Work Program for Fiscal Year 2003 thru 2007 ~
1:30 P.M. ~ ~ Presentation by Art in Public Places Committee of artists'
proposals selected for the Old Mariners Hospital Building
2:30 P.M. VS. Discussion and approval of a site plan for the Big Pine Key /
Community Park
f; 6. .%2u. ~-crn ~.
G. AIRPORTS
vi. Report
a) Report concerning status of the Florida Keys Marathon
j Airport's 139 limited certification
Presentation by URS and approval of the Florida Keys Marathon
Airport Master Plan
D 13. Approval for Aerohio Skydiving to hold a skydiving event at the
:; Florida Keys Marathon Airport January 31, 2003 through February
4, 2003 with an option of a rain date of February 7 through
February 10, 2003, contingent upon meeting all FAA and County
insurance, safety and security requirements
4 ~
ADJOURNMENT l< 4.. V\ l'\ fr\ ~cl do (,. ~
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11 :30 A.M. H. FIRE & AMBULANCE DISTRICT 1 \J..J( Lo.ytoY\
.10ARD OF GOVERNORS A Jte.rno.1e...: Ka...th/an(.'sc..hQ.(
1. Report
J' Approval to purchase one 2003 Chevrolet Suburban 1500 from
Garber Chevrolet, Inc. through Florida Sheriffs Association
and Florida Association of Counties vehicle/equipment
contract (02-10-0826) at low bid of $28,801
ADJOURNMENT
1. DIVISION OF PUBLIC SAFETY
1. Report 'l-
J. FIRE RESCUE
1. Report ^
) 10:00 A.M. K. LAND AUTHORITY
1. Board Organization
a) Selection of the Chairman and Vice Chairman of the
Governing Board
b) Approval of Resolutions designating the Chairman and
Vice Chairman and authorizing signatures on warrants,
legal documents and papers and other instruments
2. Approval of minutes for the October 16, 2002 meeting
3. Approval to terminate the contract with Coral Key Village Inc.
for the purchase of a vacuum/pump station site on the
oceanside of Conch Key
4. Approval of a Resolution authorizing acceptance of property in
Sands subdivision from Habitat for Humanity of the Middle
Keys, Inc. as consideration for the satisfaction of mortgages
5. Approval to purchase property:
a) Reimanns subdivisionlMiddle Keys Community Land
Trust
b) Marathon lot RE #100550-000102/Habitat for Humanity of
the Middle Keys, Inc.
c) Plantation Key acreage RE #93310 and part of
93300Nillage of Islamorada
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L. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
&1. Approval of a resolution limiting the Year 11 NROGO allocation
of Non-residential floor area to 16,000 square feet for applicants
requesting 2,500 square feet or less. The first allocation of 8,000
~2. square feet shall be made available on February 1,2003
Approval for one Restrictive Covenant from Herbiberto Perez to
limit the floor area ratio of described property to a maximum of
~3. twenty-three percent (23%) for a period often (10) years
Approval for one Restrictive Covenant from Frank Holtry to limit
the floor area ratio of described property to a maximum of twenty-
~4. three percent (23%) for a period often (10) years
Approval for one Restrictive Covenant from Pamela Sante Trustee
to limit the floor area ratio of described property to a maximum of
~5. twenty-three percent (23%) for a period often (10) years
Approval of resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use Boundary
Interpretation Number 108 regarding a part of Lot 16 of
S urnmerland Estates recorded in Plat Book 2, Page 167,
Surnmerland Key, Monroe County, identified by RE#
~6. 00200600.000600
Approval to provide up to $20,000 from the Boating Improvement
Fund (BIF) to the City of Marathon for the purchase of a utility
vessel
~ 7. Approval of staff recommendation of engineering firms and
direction to negotiate a contract with the top firm, or the second
and third firms successively if negotiations fail, for completion of
a Keys-wide boat ramp design and permitting project
b ~. - ,~ .
M. AIVISION OF GROWTH MANAGEMENT
1. Report /
/2. Update on legal issues - James T. Hendrick, Esq.
11:00 A.M. ~. Presentation on Big Pine Key Island Connector Study and
selection of preferred alignment(s)
N. MONROE COUNTY COURT ADMINISTRATION
f:>1. Approval to re-enter into a lease with Irwin B. Morse, M.D., d.b/a
Town Square Mall, for approximately 400 feet of office space for
Drug Court Program starting January 1, 2003
6 /
N. MONROE COUNTY COURT ADMINISTRATION - CONTINUED
~ 2. Approval to re-enter into a lease with Irwin B. Morse, M.D., d/b/a
Town Square Mall, for 450 feet of office space for Guardian ad
Litem Program starting January 1,2003
O. COMMISSIONERS' ITEMS
(J 1. COMMISSIONER RICE - Appointment of KatWeen Fischer to
the Library Advisory Board to replace Alice Skinger who has
~ 2. resigned
COMMISSIONER RICE - Appointment of Nancy Perez Miller
~3. to the Art in Public Places Committee
COMMISSIONER RICE - Appointment of Daryle Osborn to the
Construction Adjustment and Appeals Board to replace Michael
Bier
/'4. COMMISSIONER RICE - Approval to rescind Board action of
() V~ March 20, 2002 which granted approval and authorizing execution
of a Ground Lease Agreement between Monroe County and either
Hangers On or their successor, or as four (4) individual agreements
with Tim Bettis, Dick Ramsey, R. Daniel Zieg, and Robert Cayce,
to build enclosed hangars, contingent upon current litigation being
withdrawn
~ -;t. COMMISSIONER RICE - Approval and authorizing execution
of a Lease Agreement between Monroe County and Hangers On,
Inc. for four (4) shade hangars located on the northeast side of the
Marathon Airport property, contingent upon current litigation
/being withdrawn
6J COMMISSIONER NEUGENT - As requested by the Florida
Association of Counties, a presentation and request of support to a
resolution in objection to the shifting of Medicaid cost to the
Counties
I.; 7. (). a o-flJ. - ~ .-Q~.
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P. COUNTY CLERK
1. Report ^
~2. Approval of Fines & Forfeiture
3. Approval of Warrants
~4. Approval of Tourist Development Council expenditures for the
month of November, 2002
7 J
Q. J?UNTY ADMINISTRATOR
. Report
J Discussion and approval of the 2003 appointments of
Commissioners to various duties
p~ Approval of revised capital improvement plan contingent upon the
issuance of bonds and approval of revised allocation percentages
for the capital improvement plan
Approval of an Agreement with Commonwealth Consulting
Corporation for continuing consulting services
~5. Approval of Amendment to Consulting Contract with Robert F.
Reyes and W. Douglas Moody of the law firm of Mitchell &
J Reyes, Inc.
Approval of an Employment Contract with J. Richard Collins,
Esquire for employment in the capacity of County Attorney
7. Approval of two Resolutions: 1) Resolution accepting the
/(1:, proposal of S'h""...~~'" It to provide the County with a Loan in an
aggregate principal amount of $'1,1'13, ctl.l~. &iq in order to refund all of
the outstanding Monroe County Municipal Service District
Refunding Improvement Bonds, Series 1991. 2) Resolution
supplementing Resolution No. 170-1993 entitled: "A Resolution
of the BOCC of Monroe County, Florida, providing for the
Advance Refunding of the Outstanding Improvement Revenue
Bonds, Series 1988A and Series 1988B, of the County; authorizing
the issuance of not exceeding $ 7, !aooJ OD(J Refunding Revenue
~ 8. Bonds, Series 1993, of the County to finance the cost
Approval of Contract with Bryant, Miller and Olive, P.A. to
provide Disclosure Counsel services to Monroe County for the
issuance of debt obligations
~ 9. A.u- ~-aY'l ~ .
~ 10. I,
R. ~TY ATTORNEY
. Report
~2. Approval of a Resolution disclaiming any interest of Monroe
County in a tract of land east of Block 51, Sands Subdivision, Big
Pine Key
e;3. Approval of Lease Buy Out Agreement with Lower Keys Artists
Network, Inc.
p4. Approval of a Resolution to use the uniform ad valorem method
for the collection of assessments in the Breezeswept Beach Estates
Subdivision Municipal Service Culvert District
8
R. COUNTY ATTORNEY - CONTINUED
(75. Approval of a Resolution authorizing the appointment of and
compensation for Thomas Wright, Richard Fowler, and Brandon
DiMando as alternate Code Enforcement Special Masters and
approval of the proposed contracts
~6. Approval of a Resolution revising Resolution No. 025-2002, in
order to correct a scrivener's error in the legal description of
~7. abandoned portions of Morris Avenue, Cross Key, Key Largo
~..~ o-.cfLJ. - c::r-:- ~ .
3:00 P.M. S. ;!BLIC HEARINGS
. Public hearing on an Emergency Ordinance amending Section
2 of Ordinance No. 022-2002 in order to provide that a
surcharge of $9 shall be imposed on parking tickets to fund
school crossing guards and that the surcharge is effective in the
unincorporated areas of Monroe County
Public hearing to adopt an ordinance to impose a Monroe
County Vessel Registration Fee pursuant to Section 328.66
Public hearing to consider Administrative Relief application
filed by Jack and Susan Maitner for lot 3, block 8 in Cahill
Pines and Palms on Big Pine Key
Public hearing to consider Administrative Relief application
filed by Larry and Irene Malanga for lot 10 in Eden Pines
Subdivision on Big Pine Key
Public hearing to consider Administrative Relief application
filed by Vincent Lentine for lot 21 block 10 in Cahill Pines and
Palms on Big Pine Key
Public hearing to consider Administrative Relief application
filed by Jenna Hock on behalf of Michael Calder for lot 42,
block 4 in Pine Channel Estates on Big Pine Key
Public hearing on Resolution concerning the intent of the
County Solid Waste MSBU to levy and collect assessments on
residential real property in the City of Marathon
4:00 P.M. T. YSTEW ATER ISSUES
. Update briefing on wastewater management projects and
I issues
. Public hearing to adopt a Municipal Service Taxing Unit
(MSTU) for Conch Key for the purposes of providing
municipal wastewater services
9 J
T. YSTEWATER ISSUES - CONTINUED
. Public hearing to adopt a Municipal Service Taxing Unit
(MSTU) for Marathon for the purposes of providing municipal
~ wastewater services
Public hearing to adopt a Municipal Service Taxing Unit
(MSTU) for Baypoint for the purposes of providing municipal
wastewater services
y Public hearing to adopt a Municipal Service Taxing Unit
(MSTU) for Big Coppitt for the purposes of providing
j municipal wastewater services
Approval of a Resolution amending Resolution 349-2002, and
all subsequent revisions thereto, an interlocal agreement
between Monroe County and the Florida Keys Aqueduct
Authority defining responsibilities and commitments for
y providing wastewater services at Key Largo Park, Key Largo
Approval of an Interlocal Agreement between Monroe County
and the Key Largo Wastewater District Board providing a
$100,000 loan to the District for completion of wastewater
I projects
. Approval of a resolution requesting that Key West Resort
j Utility (KWRU) upgrade its wastewater treatntent plant to
A WT standards (5 5 31) by no later than January 1,2007
9 Approval to submit the EP A grant application in order to be
eligible to receive decentralized wastewater utility funding
J/ 10 . y") .. n o-f2...JL- ~ ~.
5:01 P.M. U. PUBLIC HEARINGS
j Second of two public hearings or the "amendment" hearing to
consider a request filed by the Monroe Connty Department of /
Public Works to amend the Future Land Use Map (FLUM)
from Residential Medium (RM) to Public Facilities (PF) for
property located on US 1, described as Lot 1, Cuidjoe Gardens
~ Eighth Addition, P.B. 7, Page 16, Cudjoe Key, Monroe County,
Florida, approximate Mile Marker 21
Second of two public hearings or the "amendment" hearing, to
adopt an ordinance amending Policy 101.4.23 of the Year 2010
Comprehensive Plan to 'grandfather' all legally established
residences notwithstanding the density requirements set forth
in Policy 101.4.21
-.J( Second of two public hearings or the "amendment" hearing to
consider a proposed text change amendment to the Year 2010
Comprehensive Plan requested by the Monroe County
Planning Department to extend the dates of completion for .? .
certain Objectives and Policies of the Monroe County Year ('\
2010 Comprehensive Plan
10 vi
U. ?L1C HEARINGS - CONTINUED
. Second of two public hearings or the "amendment" hearing to
adopt an ordinance to repeal Policy 101.5.4-19 ofthe Year 2010
Comprehensive Plan and to repeal Section 9.5-122.3(a)(19) of r
the Monroe County Code eliminating modest housing point {V'
assignment criteria in residential ROGO Y;
~ Public hearing to adopt an ordinance amending Sections 9.5-
316.1, 9.5-316.2, and 9.5-317, Monroe County CoderJf
[Floodplain Management Regulations]
5:30 P.M. v. CLOSED SESSION
1. Attorney-client closed session with County Administrator Jim
Roberts, County Attorney Jim Hendrick, and Michael Burke,
Esq. The purpose of this meeting is for discussion of pending
litigation, Le., Ohio Key I, Inc. v. Monroe County
2. Attorney-client closed session with County Administrator Jim
Roberts, County Attorney Jim Hendrick, Hugh Morgan, Esq.,
Karen Cabanas, Esq., Tyson Smith, Esq., and Bob Freilich,
Esq. in order to discuss the Shadek v. Monroe County
litigation
I
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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, December 13,2002.
11
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDA Y, DECEMBER 18, 2002
TIMES APPROXIMATE
9:00 A.M. \. Board of County Commissioners Regular Meeting
10:00 AM. \. KIIK5 - Land Authority
,0: I./S" \ (.10
11:00 A.M.\, M3 - Growth Management
11:30 AM. \ HIIH2 - Board of Governors
12:00P.M.\ Lunch Break
2:30 P.M.\ F5 - Public Works
3:00P.M. ~ SI - S7 Public Hearings
4:00 P.M.~, Tl - Tl 0 - Wastewater Issues
5:01 P.M. ~ Ul - U5 Public Hearings
5:30P.M. - Closed Sessions - Ohio Key I, Inc.
Shadek