03/19/2008 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.
Wednesday, March 19, 2008
Marathon Government Center
2798 Overseas Highway, MM 47.5 (Gulf)
Marathon, Florida
9:00 A.M. - Regular Meeting
10:00 A.M .- Land Authority Governing Board
3:00 P.M. - Public Hearings
TIME APPROXIMATE REGULAR MEETING
9:00 A.M. ✓ CALL TO ORDER
INVOCATION
,/SALUTE TO FLAG
A. ADDITIONS, CORRECTIONS, DELETIONS
B. RESENTATION OF AWARDS
1. Presentation of Mayor's Proclamation Proclaiming the month of
March 2008 as Seagrass awareness month. VIEW
1
k
4
B. P SENTATION OF AWARDS - CONTINUED
4 Presentation of Mayor's Proclamation March 30, to April 6, 2008
as Children's Week in Monroe County. VIEW
Presentation of Mayor's Proclamation Proclaiming Thursday, May
1,as Law Day USA in Monroe County. VIEW
C. BULK APPROVALS—COMMISSIONER NEUGENT
,6 1. Approval of a resolution establishing the option for county
personnel to purchase supplemental life insurance or dependent life
insurance. VIEW
A2. Approval of a Workers' Compensation settlement in the amount of
Two-hundred twenty-five thousand dollars ($225,000) inclusive of
attorney fees and costs) for file #01091400-VB. VIEW
3. Approval of Business Associate Addendum: Group Health Plan
with Delta Dental Insurance Company, administrator of group
dental program for Monroe County. Addendum covers security of
Protected Health Information (PHI) as required by the Health
Insurance Portability and Accountability Act of 1996 (HIPPA)
Privacy Rule effective April 13, 2006. VIEW
\64. Approval of First Amendment of the Legal Services Agreement
with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to
provide Legal Services and Representation in the area of Workers'
Compensation Claims for Monroe County. VIEW
5. Approval of First Amendment of the Legal Services Agreement
with George Helm, III, P.A. to provide Legal Services and
Representation in the area of Workers' Compensation Claims for
Monroe County. VIEW
6 6. Approval of Low Income Home Energy Assistance Program
V Federally Funded Subgrant Agreement Number 087EA-7B-11-54-
01-019 between Monroe County Board of County Commissioners
and the State of Florida, Department of Community Affairs for the
provision of funds to pay electric bills for low income clients.
VIEW
4 7. Approval to rent a parking lot, evenings only, to Hyatt & Hyatt on
a month to month basis,pending a lease agreement. VIEW
• Approval of URS Corp. to continue Professional Services as
General Airport Consultant for the Key West and Marathon
Airports, on a month to month basis, pending an extension
agreement. VIEW
( $9* Issuance of a Certificate of Public Convenience and Necessity
(COPCN) to the City of Marathon— Fire Rescue for the operation
of an ALS transport ambulance service. VIEW
2
,
C. BULK APPROVALS—CONTINUED
10. Approval to purchase a cache of radios from preferred vendor
• Motorola to be used byfirst responders and recoverypersonnel
p
'�.
during and after a disaster. The funds will proceed from the City
of Miami UASI FY 06 Memorandum of Understanding entered in
May 11, 2007 (Contract # 07DS-5S-11-23-02-379) in the amount
of $516,277.00; and authorization for the Acting County
Administrator to execute any other required documentation in
relation to the application process. VIEW
1. Approval to award bid and execute contract with E.G. Braswell
,81
Construction, Inc. for the Exterior Stair Replacement—Joe London
Fire Training Facility. VIEW
____t 12. Approval of modification of the County's Purchasing Policy for
^^Vommissiooning-- f artist servces. Approval of retroactive contract
wj jtiti_ L.0--' for artist services for the African Cemetery Memorial Project and
• modification of County purchasing policy. VIEW
.pint '` ubo. Approval of receipt of monthly report on change orders reviewed
by the County Administrator's Office, and a list of change order
requests submitted by contractors, and rejected by
Engineering/Facilities Development. VIEW
J14. Approval of Amendment 6 to CAMP DRESSER & MCKEE INC
w/ (CDM) contract to provide stormwater engineering services to
AT04,11P1 Monroe County. VIEW
b15. Approval of the wording on the dedication plaque for the Big Pine
Key Park. VIEW
ziolfr.i.,) V6. Approval to extend PB Americas, Inc. contract to June 7, 2008.
VIEW
&17. Approval of various resolutions for the transfer of funds and
opp,..S
J( resolutions for the receipt of unanticipated revenue. VIEW
hi 8. Approval to renew Buccaneer Contract for 4th year of original 4
year Contract. To cover period from March 16, 2008 thru March
15, 2009. VIEW
A. Authorization for the Mayor to execute an interlocal agreement
taid&—te_Q with the Monroe County Sheriff's Office for the Criminal Justice,
Mental Health, and Substance Abuse Reinvestment Planning
Grant. VIEW DELETE
O. Authorization for the Mayor to execute a contract with the State of
vit jtA.5j,),(,)
Florida Department of Children and Families for the Criminal
Justice, Mental Health, and Substance Abuse Reinvestment Grant.
VIEW
21. Approval of Interlocal Agreement between Monroe County and the
City of Key West to participate in the 2005 for Disaster Recovery
Community Development Block Grant (CDBG) Supplemental
Funding Program. VIEW
3
e
1,0. BULK APPROVALS—CONTINUED
4.)22. Approval of agreement with Middle Keys Community Land Trust
, J( fj›,42 (MKCLT) for loan of funds for impact fees for Woods Corner, in
the amount of$53,655. VIEW
23. Approval to advertise Request for Proposals (RFP) for lease of one
aircraft hangar at the Florida Keys Marathon Airport. VIEW
,f, 24. Approval to advertise for a public hearing that will be held at the
April 16, 2008 BOCC meeting at 3:00 P.M., regarding the
amendment of FDOT Grant 5316 that was previously approved by
the BOCC on December 19, 2007. VIEW
25. Approval of Second Amendment to Ground Lease Agreement
between Monroe County and Sea Grape Apartments, LTD. VIEW
26. Approval for the Acting County Administrator to execute the
South Florida Water Management District (SFWMD) application
on behalf of Monroe County as co-applicant for an Environmental
Resource Permit for the Sea Grape Apartments affordable housing
projects, Phases I and II, and any other documents associated with
_,., this permit. VIEW
_7: Approval to advertise a public hearing at the April 16, 2008 BOCC
/ meeting for an ordinance adopting the uniform method of levying a
non-ad valorem assessment for fire rescue services. VIEW
/44712/P6
D. TOURIST DEVELOPMENT COUNCIL
. 1. Approval to Amend Agreement with John Stuempfig to revise
Exhibit B for the Yamaha Dolphin Masters Invitational in May
2008. VIEW
2. Approval of one (1) "At Large" appointment to the Tourist
Development Council District I Advisory Committee. VIEW
3. Approval of one (1) "At Large" appointment to the Tourist
Development Council District V Advisory Committee. VIEW
E. STAFF REPORTS
'' 1. AIRPORTS
2. BUDGET& FINANCE
3. COMMUNITY SERVICE
4. EMERGENCY SERVICES
EMPLOYEE SERVICES
0 ENGINEERING
7. GROWTH MANAGEMENT
HOUSING& COMMUNITY DEVELOPMENT
PUBLIC WORKS
10. TECHNICAL SERVICES
4 .
ADJOURNMENT
10:00 A.M. F LAND AUTHORITY GOVERNING BOARD
1. Approval of minutes for the February 20,2008 meeting. VIEW
2. Approval of a resolution authorizing the conveyance of 304
Truman Avenue in Key West to Bahama Conch Community
Land Trust of Key West,Inc. for affordable housing. VIEW
3. Approval of Addendum V to the employment contract with
Mark J. Rosch as Executive Director. VIEW
ADJOURNMENT
G. DIVISION OF GROWTH MANAGEMENT—BULK APPROVALS
. Approval of a draft land management plan for conservation parcels
as required by Lease Agreement No. 4549 between Monroe
County and the State of Florida. VIEW
2. Approval of a change order to grant Task Assignment FK-079 with
Florida Department of Environmental Protection (FDEP) to
modify the type of reimbursement allowed under the grant from
"cost reimbursement"to "fixed price". VIEW
3. Approval of a change order to grant Task Assignment FK-075 with
Florida Department of Environmental Protection (FDEP) to
modify the type of reimbursement allowed under the grant from
"cost reimbursement"to "fee schedule". VIEW
j4. Approval of selection of contractors for removal of non-hurricane
related derelict vessels and marine debris, including: Coffin
Marine Services Inc., Coral Marine Construction, ASAP Inc.,
Adventure Environmental Inc., and Bluewater Marine Services
tyrei),,,,A, ,
Inc. VIEW
/ . Approval of a contract with Coffin Marine Services, Inc., to
V '
provide derelict vessel and marine debris removal services
throughout the keys. VIEW
. Approval of a contract with Coral Marine Construction to provide
derelict vessel and marine debris removal services throughout the
j'i keys. VIEW
7. Approval of a contract with ASAP, Inc. to provide derelict vessel
and marine debris removal services throughout the keys. VIEW
ii
8. Approval of contract with Adventure Environmental Inc. to
provide derelict vessel and marine debris removal services
throughout the keys. VIEW
0 9. Approval of a contract with Bluewater Marine Services, Imo. to
provide derelict vessel and a ine debris removal services
throughout the keys. VIEW
i1 . Approval of resolution to reserve 16 affordable allocations for
Caya Place, LLC to construct 16 employee/workforce housing
units in Big Pine Key. VIEW
5
G. OWTH MANAGEMENT—BULK APPROVALS CONTINUED
1. Retroactive approval of a grant application to the National Scenic
/ Byways for 1.4 million to purchase Key deer habitat along U.S. 1
in. Big Pine Key; retroactive approval is necessary due to
application deadline. VIEW
H. LOSED SESSIONS
2:00 P.M. 1. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Salvatore Zappulla v. Monroe
County. VIEW
2:30 P.M. 2. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Lloyd Good v. Monroe
County, Case No. CA K 01-977. VIEW
2:45 P.M. I. SO DING BOARD
1 Request to speak to the Board of County Commissioners on
the vacant mosquito control hangar—Jerry Metcalf. VIEW
J. MON OE COUNTY SHERIFF DEPARTMENT
4 1. Approval of the nomination of Dr. David Rice to the Sheriff s
Shared Asset Forfeiture Fund Board(SAFF). VIEW
I ,
K. MISSIONERS' ITEMS
l. id
COMMISSIONER SPEHAR - Approval to transfer remaining
balance in the Employee Housing Fair Share Impact Fee Trust
Fund to Growth Management Department to reimburse past
waiving of fees for affordable housing. Amount is $116,593.00
VIEW
;2./COMMISSIONER SPEHAR - Approval of a Resolution
supporting and encouraging the enactment of Senate Bill 1634.
VIEW
COMMISSIONER SPEHAR — Approval of a Resolution of the
Board of County Commissioners acknowledging the
environmental impacts associated with the anchorage at Boca
Pe1433-eb
Chica harbor, addressing the issue of derelict and abandoned
vessels, and directing staff to evaluate the potential of establishing
a managed mooring field and pumpout facilities to serve boaters
and protect the marine environment. VIEW
S4. MAYOR McCOY-Approval to reappoint Debbie Barsell to the
South Florida Workforce Board. VIEW
_Q5. MAYOR McCOY -Approval to reappoint Gregg Talbert to the
South Florida Work Force Board. VIEW
1
6 \j/ ,
I
,
,
K. COMMISSIONERS' ITEMS -CONTINUED
,6. COMMISSIONER MURPHY-Appointment of Bill Moore to the
Y(� Marine &Port Advisory Committee,term to expire on 5/16/2010.
Mr. Moore will fulfill the term of Ben Iannotta who resigned in
January, 2008. VIEW
10:45 A.M. COMMISSIONER NEUGENT - A presentation by FIRM
(Fair Insurance Rates in Monroe) regarding what is at stake
this legislative session in Tallahassee considering the current
rates are set to expire December 31,2008. VIEW
&8. COMMISSIONER NEUGENT -Approval by the Board of County
Commissioners to appoint Jeb Hale to the Planning Commission to
replace Sherry Popham to expire 11/15/09. VIEW
p9. COMMISSIONER DIGENNARO - Approval of reappointment of
Mr. Pat Wells to the Marine&Port Advisory Committee. VIEW
( 10. COMMISSIONER DIGENNARO -Approval of reappointment of
Mr. F. Paul Koisch to the Marine & Port Advisory Committee.
VIEW
11. COMMISSIONER DIGENNARO -Approval of Resolution in
support of telemedicine utilizing advanced technology as a key
tool to bring better health care and health education to Florida's
rural communities. VIEW
11:30 A.M. . COMMISSIONER DIGENNARO -Report on Pigeon Key
operations by Jim Rhyne, , Pigeon Key
Foundation. VIEW Cir\ Ovy-
13. COMMISSIONER MURPHY=Approval of a Resolution by the
BOCC to certify that Habitat of Humanity of the Upper Keys, Inc.
complies with County rules and regulations. This resolution will
enable Habitat for Humanity of the Upper Keys, Inc. to apply for
participation in the State of Florida's Community Improvement
Act of 1980. VIEW
L. siCOUNTY CLERK
Report
B2. Official approval of the Board of County Commissioners minutes
from the Regular BOCC meeting of January 16, 2008 and Special
BOCC meeting of January 25, 2008 (previously distributed)
. Approval of Warrants. VIEW
4. Approval of Tourist Development Council Expenditures for the
month of February, 2008. VIEW
5. Approval to destroy pas BOCC related records for the period 1985
through 1998. A Records Disposition Document has been
completed as required by the State of Florida General Records for
Clerk of Courts, Bureau of Archives Records Management. All
Board agenda backup material has been scanned or filmed.
7
M. ADMINISTRATOR
4OUNTY
.1. Report
j. Approval of a Resolution Authorizing the temporary closing of the
Northbound Lanes of US 1 from mile marker 98.2 to mile marker
100 from 10:00 a.m. for the Annual 4th of July Parade sponsored
by The Reporter Newspaper. VIEW
N. UNTY ATTORNEY
. Report
_62. Approval of disposal of American Law Reports reference books in
County Attorney's Office, by sale on E-Bay (through personal
account unless County has an E-Bay account) with proceeds less
costs of disposal, fully documented, to be remitted to County, or
such other method as is anticipated to obtain the best price. VIEW
6. Approval of a Resolution setting date, time and place for a public
hearing concerning the proposed abandonment of a portion of
Calle Bogota of the Plat of SUMMERLAND BEACH, Addition
#7, recorded in Plat Book 4, Page 74, of the Public Records of
V--4.
Monroe County, Florida. VIEW
Approval of proposed Settlement Agreement between Alexander
D. Schroeder and Monroe County. VIEW
_6 5. Authorization to institute collection proceedings and/or enter
settlement negotiations with George Smith, Jr. and Edna Smith in
Code Enforcement Case CE06090065. VIEW
6. Authorization to institute collection proceedings and/or enter
settlement negotiations with Arthur Mehr in Code Enforcement
Case CE06100026. VIEW
6 7. Authorization to institute collection proceedings and/or enter
settlement negotiations with Martha Hardin c/o N. Kelley in Code
Enforcement Case CE05080141. VIEW
68. Approval of the Settlement Agreement with Robert B. Carpenter,
Code Enforcement Case CE06060139 in the amount of
$20,000.00. VIEW
69. Approval of payment of invoices from Paul Hastings for services
rendered in Collins v. Monroe County, Case No. 04-379-CA-K
which total $37,642.50. VIEW
_010. Authorization for the County Attorney to make an offer of
judgment in the amount of$100.00 for the purpose of resolving the
matter of 0111 LLC v. Monroe County, CA P 07-858. VIEW
11. Approval of Amendment to legal services agreement with the firm
of Stephen J. Moore,P.C. to add the timekeeper Elizabeth A.
Moran as an additional timekeeper and to reflect new hourly rate.
VIEW
8
,
N. C TY ATTORNEY- CONTINUED
. I7 pproval of resolution establishing a policy for responding to
complaints by the Florida Ethics Commission. VIEW
i; 13 Approval of amendment to Legal Consulting Services Agreement
with White & Smith, LLC to authorize up to an additional
$50,000.00 in fees under the agreement. VIEW
14 Approval of a Resolution authorizing the Board to designate fee
• appraisers to establish the value of identified County-owned real
,o / property being considered for possible sale, establishing the
! ualifications re uired for fee appraiser desi nation and defining
q q pP g
allowable usage of fee appraiser services by County staff or
ti potential purchasers. VIEW
a- ' Approval to advertise a public hearing for an Ordinance to impose
7 r /ainthent local option motor and special fuel ("gas")tax. VIEW iolihoil
/ 1z6� Approval to advertise a public hearing for an Ordinance to impose
a f ve cent local option motor and special fuel ("gas") tax; to'
r 4'' clarify the statutory authority for the existing six-cent "gas" tax,
and to revise the distribution language for the existing "gas" tax
since municipalities have incorporated since the prior ordinance
was enacted. VIEW
�-- . Discussion of issues related to two pending ethics complaints.
VIEW
ti 8. Approval of settlement agreement in the matter of South Florida.
Employment and Training Consortium v. Agency for Workforce
Innovation, DOAH Case No. 06-433 and payment of$22,988.57 to
resolve that dispute. VIEW
f319. Approval to file Petition for Writ of Certiorari in the Third District
Court of Appeal, to Review a decision of the Circuit Court in the
case of Mattson v. Monroe County. VIEW
N)1 1 l4 li
20. Approve the Settlement Agreement between Monroe County Code
Enforcement and Victor Mills, Jr. and Cynthia Mills. VIEW
3:00 P.M. O. UBLIC HEARINGS • l i 3
1. A Public Hearing to satisfy public input grant application
requirements and ratification of Resolution No. 498-2007,
Resolution No. 499-2007 and Resolution No. 500-2007 approved
by the Board 12/19/07 authorizing the signing and submission of
three (3) Federal Transit Administration grant applications to AS
purchase two (2) transportation buses, twelve (12) mobile data
terminals and software/hardware for twelve (12) mobile data
terminals and acceptance of any subsequent grant awards. VIEW
. A Public Hearing to consider Approval of a resolution establishing
a Code Compliance Fee for each building permit issued by the
Monroe County Building Department. VIEW �.
9
3:00 P.M. O. PU IC HEARINGS - CONTINUED
3 A public hearing to consider a DCA transmittal resolution at the
request of the Planning and Environmental Resources Department
to amend the subject property's Future Land Use Map (FLUM)
designation from Mixed Use/Commercial (MC) to Recreation (R),
Real Estate Number 00286360.000000 in accordance with Policy
1201.4.2 of the Monroe County Year 2010 Comprehensive Plan
and §9.5-51.1 of the Monroe County Code. VIEW
4 A public hearing to consider a DCA transmittal resolution at the
v/
request of the Monroe County Planning & Environmental
Resources Department to amend the subject property's Future
Land Use Map (FLUM) designation from Residential
Conservation (RC) to Recreation (R) Real Estate Number
00211090.000000 and 00211100.000000 in accordance with
) Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive
Plan and Section 9.5-511 of the Monroe County Code. VIEW
A public hearing to consider a DCA transmittal resolution by the
�- • Board of County Commissioners approving the request by Crown
Four, LLC, on behalf of the Trustees of the Big Pine Key
`Z,ongregation of Jehovah's Witnesses Trust,Peter Abrahamsen and
,, Lucky's Landing Inc., to amend the subject property's Future Land
1 Use Map (FLUM) designation from Institutional (INS) to Mixed
Use/Commercial (MC) Real Estate Nos. 00214960.000000,
00214960.000100 and part of 00214970.000000 in accordance
with Policy 101.4.5 of the Monroe County Year 2010
4Comprehensive Plan and §9.5-511 of the Monroe County Code.
VIEW
A public hearing to consider a DCA transmittal resolution at the
request of the Dancing Bear Properties LLC to amend the subject
property's Future Land Use Map (FLUM) designation from
Residential Medium (RM) to Mixed Use/Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and • §9.5-511 of the Monroe County
Code.(Staff requests that this item be continued to the May 21,
2008 BOCC Meeting in Key Largo) VIEW
A public hearing to adopt an ordinance by the Monroe County
s45/
Board of County Commissioners amending the Land Development
egulations Section 9.5-45 concerning noticing provisions. VIEW
8. A public hearing to adopt an ordinance by the Monroe County
f
Board of County Commissioners amending the Land Development
Regulations by adding Section 9.5-266(b)(4)a. to clarify that
inclusionary housing requirements may be met through the deed-
restriction of existing dwelling units as affordable in lieu of
construction new units. VIEW
10
,
,
3:00 P.M. O. P BLIC HEARINGS - CONTINUED
Approval of an ordinance of the Monroe County Board of County
Commissioners amending Section 9.5-251 concerning appeals
from administrative actions to change the appeal period from thirty
(30)working days to thirty(30) calendar days. VIEW
1 . Public hearing to consider approval of a development agreement at
the request of Reed & Company Development Services, Inc. on
behalf of Northstar Resorts Enterprises, nc. in or er o provide the
F developer with 110 affordable Rate of Growth Ordinance (ROGO)
allocations, agreeing to restrict these units to affordable employee
housing, the developer proposes to donate 47 permanent market
ROGO exemptions to Monroe County. VIEW
1 . A public hearing to consider approval of a development agreement
at the request of Chico Enterprises, Inc. in order to provide the
develop with six (6) affordable employee Rate of Growth
Ordinance (ROGO) allocations and allowing the developer to
transfer six (6) lawfully established market rate ROGO exemptions
from the subject parcels to other parcels in the upper keys subarea
to be built as market rate units.(Staff is requesting this item be
4 o d to the May 21, 2008 BOCC meeting in Key Largo 9 due to incomplete documentation) VIEW
1 . A public hearing to consider an amendment to the Land
Development Regulations for Monroe County concerning a
lawfully established and equitably vested resale price for deed-
restricted affordable housing; revising Section 9.5-4 to define the
lawfully established and equitable vested resale price to be applied
to sale and re-sale prices of deed-restricted affordable
housing.(Staff is requesting that this item be withdrawn at this
time) VIEW
13. A public hearing to consider an ordinance adopting amendments to
the Monroe County Land Development regulations to revise
Section 9.5-4 entitled "Essential Services Personnel" and
"Workforce Housing" and adding definitions. (Staff is requesting
that this item be withdrawn at this time) 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, March 14, 2008
11
+,
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.
i
Wednesday, March 19, 2008
Marathon Government Center
2798 Overseas Highway, MM 47.5 (Gulf)
Marathon, Florida
9:00 A.M. - Regular Meeting
10:00 A.M .-Land Authority Governing Board
3:00 P.M. -Public Hearings
TIME APPROXIMATE REGULAR MEETING
9:00 A.M. CALL TO ORDER
INVOCATION
SALUTE TO FLAG
A. ADDITIONS, CORRECTIONS, DELETIONS fB. PRESENTATION OF AWARDS
1. Presentation of Mayor's Proclamation Proclaiming the month of
March 2008 as Seagrass awareness month. V I M
1
PRESENTATION OF AWARDS - CONTINUED
2. Presentation of Mayor's Proclamation March 30, to April 6, 2008
as.Children's Week in Monroe County. VIEW
3. Presentation of Mayor's Proclamation Proclaiming Thursday, May
1,as Law Day USA in Monroe County. VIEW
C. LK APPROVALS—COMMISSIONER NEUGENT
Approval of a resolution establishing the option for county
personnel to purchase supplemental life insurance or dependent life
insurance. VIEW
Approval of a Workers' Compensation settlement in the amount of
Two-hundred twenty-five thousand dollars ($225,000) inclusive of
/ attorney fees and costs) for file #01091400-VB. VIEW
Approval of Business Associate Addendum: Group Health Plan
with Delta Dental Insurance Company, administrator of group
dental program for Monroe County. Addendum covers security of
Protected Health Information (PHI) as required by the Health
/ Insurance Portability and Accountability Act of 1996 (HIPPA)
Privacy Rule effective April 13, 2006. VIEW
Approval of First Amendment of the Legal Services Agreement
with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to
/ provide Legal Services and Representation in the area of Workers'
Compensation Claims for Monroe County. VIEW
Approval of First Amendment of the Legal Services Agreement
/ with George Helm, III, P.A. to provide Legal Services and
Representation in the area of Workers' Compensation Claims for
Monroe County. VIEW
1 6. Approval of Low Income Home Energy Assistance Program
V ;e Federally Funded Sub grant Agreement Number 087EA-7B-11-54-
0 ''I 01-019 between Monroe County Board of County Commissioners
/ and the State of Florida, Department of Community Affairs for the
provision of funds to pay electric bills for low income clients.
VIEW
7. Approval to rent a parking lot, evenings only, to Hyatt & Hyatt on
a month to month basis,pending a lease agreement. VIEW
8. Approval of URS Corp. to continue Professional Services as
General Airport Consultant for the Key West and Marathon
Airports, on a month to month basis, pending an extension
agreement. V I E
9. Issuance of a Certificate of Public Convenience and Necessity
(COPCN) to the City of Marathon — Fire Rescue for the operation
of an ALS transport ambulance service. VIEW
2
C. B K APPROVALS—CONTINUED
. Approval to purchase a cache of radios from preferred vendor
Motorola to be used by first responders and recovery personnel
during and after a disaster. The funds will proceed from the City
of Miami UASI FY 06 Memorandum of Understanding entered in
May 11, 2007 (Contract # 07DS-5S-11-23-02-379) in the amount
of $516,277.00; and authorization for the Acting County
Administrator to execute any other required documentation in
relation to the application process. VIEW
11. Approval to award bid and execute contract with E.G. Braswell
Construction, Inc. for the Exterior Stair Replacement—Joe London
Fire Training Facility. VIEW
2. ty' Pehey
rQS
t services. Approval of retroactive contract
for artist services for the African Cemetery Memorial Project and
modification of County purchasing policy. VIEW
Approval of receipt of monthly report on change orders reviewed
3. d
by the County Administrator's Office, and a list of change order
requests submitted by contractors, and rejected by
Engineering/Facilities Development. VIEW
4. Approval of Amendment 6 to CAMP DRESSER & MCKEE INC
(CDM) contract to provide stormwater engineering services to
Monroe County. VIEW
5. Approval of the wording on the dedication plaque for the Big Pine
Key Park. VIEW
6. Approval to extend PB Americas, Inc. contract to June 7, 2008.
VIEW
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW
. Approval to renew Buccaneer Contract for 4th year of original 4
year Contract. To cover period from March 16, 2008 thru March
15, 2009. VIEW_
19. Authorization for the Mayor to execute an iriterlocal agreement
6.Ar
with the Monroe County Sheriff's Office for the Criminal Justice,
Mental Health, and Substance Abuse Reinvestment Planning
Grant. VIEW DELETE •
O. • Authorization for the Mayor to execute a contract with the State of
Florida Department of Children and Families for the Criminal
Justice, Mental Health, and Substance Abuse Reinvestment Grant.
VIEW
21. Approval of Interlocal Agreement between Monroe County and the
City of Key West to participate in the 2005 for Disaster Recovery
Community Development Block Grant (CDBG) Supplemental
Funding Program. VIEW
3
C. BU K APPROVALS —CONTINUED
X. Approval of agreement with Middle Keys Community Land Trust
(MKCLT) for loan of funds for impact fees for Woods Corner, in
the amount of$53,655. VIEW
Approval to advertise Request for Proposals (RFP) for lease of one
3. e
aircraft hangar at the Florida Keys Marathon Airport. VIEW
4. Approval to advertise for a public hearing that will be held at the
April 16, 2008 BOCC meeting at 3:00 P.M., regarding the
amendment of FDOT Grant 5316 that was previously approved by
the BOCC on December 19, 2007. VIEW
5. Approval of Second Amendment to Ground Lease Agreement
between Monroe County and Sea.Grape Apartments, LTD. VIEW
6. Approval for the Acting County Administrator to execute the
South Florida Water Management District (SFWMD) application
on behalf of Monroe County as co-applicant for an Environmental
Resource Permit for the Sea Grape Apartments affordable housing
projects, Phases I and II, and any other documents associated with
this permit. VIEW
Approval to advertise a public hearing at the April 16, 2008 BOCC
i
C)1 - 1 meeting for an ordinance adopting the uniform method of levying a
Y b
non-ad valorem assessment for fire rescue services. VIEW
D. T URIST DEVELOPMENT COUNCIL
. Approval to Amend Agreement with John Stuempfig to revise
Exhibit B .for the Yamaha Dolphin Masters Invitational in May
/ 2008. VIE W
'. "2.-
Approval of (1)one "At Large" appointment to the Tourist
��' Development Council District I Advisory Committee. VIEW
'4, _ 4>' 3. Approval of one (1) "At Lar e" a ointment to the To g ppTourist
Development Council District V Advisory Committee. VIEW
E. STAFF REPORTS
1. AIRPORTS
2. BUDGET& FINANCE
3. COMMUNITY SERVICE
4. EMERGENCY SERVICES
5. EMPLOYEE SERVICES
6. ENGINEERING
. GROWTH MANAGEMENT
8. HOUSING & COMMUNITY DEVELOPMENT
9. - PUBLIC WORKS
0. TECHNICAL SERVICES
4
ADJOURNMENT
10:00 A.M. F. LAND AUTHORITY GOVERNING BOARD
1. Approval of minutes for the February 20,2008 meeting. V I E W
2. Approval of a resolution authorizing the conveyance of 304
Truman Avenue in Key West to Bahama Conch Community
Land Trust of Key West, Inc. for affordable housing._V I E W
3. Approval of Addendum V to the employment contract with
Mark J. Rosch as Executive Director. VIEW
ADJOURNMENT
G. DIVISION OF GROWTH MANAGEMENT—BULK APPROVALS
. Approval of a draft land management plan for conservation parcels
as required by Lease Agreement No. 4549 between Monroe
County and the State of Florida. VIEW
Approval of a change order to grant Task Assignment FK-079 with
Florida Department of Environmental Protection (FDEP) to
modify the type of reimbursement allowed under the grant from
"cost reimbursement"to "fixed price". V II_,W_
3. Approval of a change order to grant Task Assignment FK-075 with
Florida Department of Environmental Protection (FDEP) to
modify the type of reimbursement allowed under the grant from
"cost reimbursement"to "fee schedule". VIEW
(a......—..
4. Approval of selection of contractors for removal of non-hurricane
related derelict vessels and marine debris, including: Coffin
Marine Services Inc., Coral Marine Construction, ASAP Inc.,
Adventure Environmental Inc., and Bluewater Marine Services
Inc. VIEW
5. Approval of a contract with Coffin Marine Services, Inc., to
provide derelict vessel and marine debris removal services
throughout the keys. VIEW
,J6.
Approval of a contract with Coral Marine Construction to provide
derelict vessel and marine debris removal services throughout the
keys. VIEW
7. Approval of a contract with ASAP, Inc. to provide derelict vessel
and marine debris removal services throughout the keys. VIEW
A. Approval of contract, with Adventure Environmental, Inc. to
provide derelict vessel and marine debris removal services
throughout the keys. V I F,W
cliApproval of a contract with Bluewater Marine Services, Inc. to
provide derelict vessel and marine debris removal services
throughout the keys. VIEW
Vd Approval of resolution to reserve 16 affordable allocations for
Caya Place, LLC to construct 16 employee/workforce housing
tik
units in Big Pine Key. V IF`A'
5
G. OWTH MANAGEMENT—BULK APPROVALS CONTINUED
1. Retroactive approval of a grant application to the National Scenic
Byways for 1.4 million to purchase Key deer habitat along U.S. 1.
in Big Pine Key; retroactive approval is necessary due to
application deadline. V I E W ,
i/LOSED SESSIONS
2:00 P.M. 1. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Salvatore Zappulla v. Monroe
County. VIE:',W
2:30 P.M. 2. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Lloyd Good v. Monroe
County, Case No. CA K 01-977. VIEW
2:45 P.M. I. SOUNDING BOARD
1. Request to speak to the Board of County Commissioners on
the vacant mosquito control hangar—Jerry Metcalf. VIEW
'J. M ROE COUNTY SHERIFF DEPARTMENT
.1/ Approval of the nomination of Dr. David Rice to the Sheriff s
Shared Asset Forfeiture Fund Board (SAFF). VIEW
K. C• MISSIONERS' ITEMS
1/ COMMISSIONER SPEHAR - Approval to transfer remaining
balance in the Employee Housing Fair Share Impact Fee Trust
Fund to Growth Management Department to reimburse past
waiving of fees for affordable housing. Amount is $116,593.00
VIEW_
COMMISSIONER SPEHAR - Approval of a Resolution
X
supporting and encouraging the enactment of Senate Bill 1634.
V1EW
COMMISSIONER SPEHAR — Approval of a Resolution of the
Board of County Commissioners acknowledging the
environmental impacts associated with the anchorage at Boca
Chica harbor, addressing the issue of derelict and abandoned
vessels, and directing staff to evaluate the potential of establishing
a managed mooring field and pumpout facilities to serve boaters
and protect the marine environment. VIEW
4. MAYOR McCOY-Approval to reappoint Debbie Barsell to the
South Florida Workforce Board. VIEW
5. MAYOR McCOY -Approval to reappoint Gregg Talbert to the
South Florida Work Force Board. VIEW 0
6
K. C P MISSIONERS' ITEMS - CONTINUED
v'. COMMISSIONER MURPHY- Appointment of Bill Moore to the
Marine & Port Advisory Committee, term to expire on 5/16/2010.
Mr. Moore will fulfill the term of Ben Iannotta who resigned in
January, 2008. V I I Vv
10:45 A.M. 7. COMMISSIONER NEUGENT - A presentation by FIRM
(Fair Insurance Rates in Monroe) regarding what is at stake
this legislative session in Tallahassee considering the current
rates are set to expire December 31, 2008. VIEW
8. COMMISSIONER NEUGENT - Approval by the Board of County
Commissioners to appoint Jeb Hale to the Planning Commission to
✓ replace Sherry Popham to expire 11/15/09. VIEW
9. COMMISSIONER DIGENNARO - Approval of reappointment of
Mr. Pat Wells to the Marine &Port Advisory Committee. VIEW
O. COMMISSIONER DIGENNARO -Approval of reappointment of
Mr. F. Paul Koisch to the Marine & Port Advisory Committee.
VIEW
1. COMMISSIONER DIGENNARO -Approval of Resolution in
support of telemedicine utilizing advanced technology as a key
tool to bring better health care and health education to Florida's
rural communities. VIEW
11:30 A.M. 12. COMMISSIONER DIGENNARO -Report on Pigeon Key
operations by Jim Rhyne, Executive Director, Pigeon Key
Foundation. VIEW
3. COMMISSIONER MURPHY-Approval of a Resolution by the
BOCC to certify that Habitat of Humanity.of the Upper Keys, Inc.
complies with County rules and regulations. This resolution will
enable Habitat for Humanity of the Upper Keys, Inc. to apply for
participation in the State of Florida's Community Improvement
Act of 1980. VIEW
L. COUNTY CLERK
1. Report
Official approval of the Board of County Commissioners minutes
from the Regular BOCC meeting of January 16, 2008 and Special
i/ BOCC meeting of January 25, 2008 (previously distributed)
3. Approval of Warrants. VIEW
. Approval of Tourist Development Council Expenditures for the
month of February, 2008. VIEW
. Approval to destroy pas BOCC related records for the period 1985
through 1998. A Records Disposition Document has been
completed as required by.the State of Florida General Records for
Clerk of Courts, Bureau of Archives Records Management. All
Board agenda backup material has been scanned or filmed.
7
M. COUNTY ADMINISTRATOR
1. Report
2. Approval of a Resolution Authorizing the temporary closing of the
Northbound Lanes of US 1 from mile marker 98.2 to mile marker
100 from 10:00 a.m. for the Annual 4th of July Parade sponsored
by The Reporter Newspaper. VIEW
N. COUNTY ATTORNEY
1.z Report
Approval of disposal of American Law Reports ref
erence ference books in
County Attorney's Office, by sale on E-Bay (through personal
account unless County has an E-Bay account) with proceeds less
costs of disposal, fully documented, to be remitted to County, or
such other method as is anticipated to obtain the best price. VIEW
3. Approval of a Resolution setting date, time and place for a public
hearing concerning the proposed abandonment of a portion of
Calle Bogota of the Plat of SUMMERLAND BEACH, Addition
#7, recorded in Plat Book 4, Page 74, of the Public Records of
Monroe County, Florida. VIEW
4. Approval
pp of proposed Settlement Agreement between Alexander
%./ D. Schroeder and Monroe County. VIEW
Authorization to institute collection proceedings and/or enter
settlement negotiations with George Smith, Jr. and Edna Smith in
Code Enforcement Case CE06090065. VIEW
„e Authorization to institute co
llection proceedings and/or enter
settlement negotiations with Arthur Mehr in Code Enforcement
Case CE06100026. VIEW
. Authorization to institute collection proceedings and/or enter
settlement negotiations with Martha Hardin c/o N. Kelley in Code
_ / Enforcement Case CE05080141. VIEW
Wi Approval of the Settlement Agreement with Robert B. Carpenter,
Code Enforcement Case CE06060139 in the amount of
/ $20,000.00. VIEW
.1�. • Approval of pp payment of invoices from Paul Hastings for services
rendered in Collins v. Monroe County, Case No. 04-379-CA-K
which total $37,642.50. VIEW
Authorization for the County Attorney to make an offer of
judgment in the amount of$100.00 for the purpose of resolving the
matter of 0111 LLC v. Monroe County, CA P 07-858. VIEW'
1 . Approval of Amendment to legal services agreement with the firm
of Stephen J. Moore, P.C. to add the timekeeper Elizabeth A.
Moran as an additional timekeeper and to reflect new hourly rate.
VIEW
8
N. OUN Y ATTORNEY - CONTINUED
0 12. Approval of resolution establishing a policy for responding to
complaints by the Florida Ethics Commission. VIEW
3. Approval of amendment to Legal Consulting Services Agreement
with White & Smith, LLC to authorize up to an additional
$50,000.00 in fees under the agreement. VIE W
4. Approval of a Resolution authorizing the Board to designate fee
appraisers to establish the value of identified County-owned real
property being considered for possible sale, establishing the
qualifications required for fee appraiser designation and defining
allowable usage of fee appraiser services by County staff or
potential purchasers. VIEW
5. Approval to advertise a public hearing for an Ordinance to impose
a ninth-cent local option motor and special fuel ("gas")tax. VIEW
1 . Approval to advertise a public hearing for an Ordinance to impose
• a five-cent local option motor and special fuel ("gas") tax; to
clarify the statutory authority for the existing six-cent "gas" tax,
and to revise the distribution language for the existing "gas" tax
since municipalities have incorporated since the prior ordinance
__ 1` was enacted. VIEW
!` 17. Discussion of issues related to two pending ethics complaints.
L./ VIEW
Approval of settlement agreement in the matter of South Florida
Employment and Training Consortium v. Agency for Workforce
1Innovation, DOAH Case No. 06-433 and payment of$22,988.57 to
resolve that dispute. VIEW
Approval to file Petition for Writ of Certiorari in the Third District
Court of Appeal, to Review a decision of the Circuit Court in the
case of Mattson v. Monroe County. VIEW
. Approve the Settlement Agreement between Monroe County Code
Enforcement and Victor Mills, Jr. and Cynthia Mills. VIEW
3:00 P.M. O. jyldIC HEARINGS
A Public Hearing to satisfy public input grant application
requirements and ratification of Resolution No. 498-2007,
Resolution No. 499-2007 and Resolution No. 500-2007 approved
by the Board 12/19/07 authorizing the signing and submission of
three (3) Federal Transit Administration grant applications to
purchase two (2) transportation buses, twelve (12) mobile data
terminals and software/hardware for twelve (12) mobile data
terminals and acceptance of any subsequent grant awards. _V I I WV
A Public Hearing to consider Approval of a resolution establishing
a Code Compliance Fee for each building permit issued by the
Monroe County Building\Department. VIEW
9
3:00 P.M. O. PUBLIC HEARINGS - CONTINUED
3. A public hearing to consider a DCA transmittal resolution at the
request of the Planning and Environmental Resources Department
to amend the subject property's Future Land Use Map (FLUM)
designation from Mixed Use/Commercial (MC) to Recreation (R),
Real Estate Number 00286360.000000 in accordance with Policy
1201.4.2 of the Monroe County Year 2010 Comprehensive Plan
and §9.5-511 of the Monroe County Code. VIEW
4. A public hearing to consider a DCA transmittal resolution at the
request of the Monroe County Planning & Environmental
Resources Department to amend the subject property's Future
Land Use Map (FLUM) designation from Residential
Conservation (RC) to Recreation (R) Real Estate Number
00211090.000000 and 00211100.000000 in accordance with
Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive
Plan and Section 9.5-511 of the Monroe County Code. VIEW
5. A public hearing to consider a DCA transmittal resolution by the
Board of County Commissioners approving the request by Crown
Four, LLC, on behalf of the Trustees of the Big Pine Key
Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and
Lucky's Landing Inc., to amend the subject property's Future Land
Use Map (FLUM) designation from Institutional (INS) to Mixed
Use/Commercial (MC) Real Estate Nos. 00214960.000000,
00214960.000100 and part of 00214970.000000 in accordance
with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and §9.5-511 of the Monroe County Code.
VIEW
6. A public hearing to consider a DCA transmittal resolution at the
request of the Dancing Bear Properties LLC to amend the subject
property's Future Land Use Map (FLUM) designation from
Residential Medium (RM) to Mixed Use/Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and §9.5-511 of the Monroe County
Code.(Staff requests that this item be continued to the May 21,
2008 BOCC Meeting in Key Largo) VIEW
7. A public hearing to adopt an ordinance by the Monroe County
Board of County Commissioners amending the Land Development
Regulations Section 9.5-45 concerning noticing provisions. VIEW
8. A public hearing to adopt an ordinance by the Monroe County
Board of County Commissioners amending the Land Development
Regulations by adding Section 9.5-266(b)(4)a. to clarify that
inclusionary housing requirements may be met through the deed-
restriction of existing dwelling units as affordable in lieu of
construction new units. VIEW
10
3:00 P.M. O. P LIC HEARINGS - CONTINUED
Approval of an ordinance of the Monroe County Board of County
C nmissioners amending Section 9.5-251 concerning appeals
om administrative actions to change the appeal period from thirty
(30) working days to thirty(30) calendar days. VIEW
10/ Public hearing to consider approval of a development agreement at
the request of Reed & Company Development Services, Inc. on
behalf of Northstar Resorts Enterprises, Inc. in order to provide the
developer with 110 affordable Rate of Growth Ordinance (ROGO)
allocations, agreeing to restrict these units to affordable employee
housing, the developer proposes to donate 47 permanent market
ROGO exemptions to Monroe County. VIEW
11. A public hearing to consider approval of a development agreement
at the request of Chico Enterprises, Inc. in order to provide the
develop with six (6) affordable employee Rate of Growth
Ordinance (ROGO) allocations and allowing the developer to
transfer six (6) lawfully established market rate ROGO exemptions
from the subject parcels to other parcels in the upper keys subarea
to be built as market rate units.(Staff is requesting this item be
continued to the May 21, 2008 BOCC meeting in Key Largo
due to,incomplete documentation) VIEW
12. A public hearing to consider an amendment to the Land
Development Regulations for Monroe County concerning a
lawfully established and equitably vested resale price for deed-
restricted affordable housing; revising Section 9.5-4 to define,the
lawfully established and equitable vested resale price to be applied
to sale and re-sale prices of deed-restricted affordable
housing.(Staff is requesting that this item be withdrawn at this
time) VIEW
13. A public hearing to consider an ordinance adopting amendments to
the Monroe County Land Development regulations to revise
Section 9.5-4 entitled "Essential Services Personnel" and
"Workforce Housing" and adding definitions. (Staff is requesting
that this item be withdrawn at this time) 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, March 14, 2008
11
9:00 A.M.
10:00 A.M
10:45 A.M.
II :30 A.M.
12:00 P.M.
2:00 P.M.
2:30 P.M
2:45 P.M.
3:00 P.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, MARCH 19,2008
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
FIIF3- Land Authority
K7 - Neugent
KI2 - DiGennaro
Lunch Break
HI - Closed Session
H2 - Closed Session
II - Sounding Board
OIlQ13 - Public Hearing