05/20/2009 Agenda
REVISEI> AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Any person who wishes to be heard shall provide the Clerk with his or her name and residence
and the agenda item on which he or she wishes to be heard. Such information shall be on a card
provided by the County. Once public input begins, there will be no further speaker cards
allowed to be submitted to the Clerk for that subject. An individual has three minutes and a
person representing an organization has five minutes to address the Board (except that
individuals wishing to speak during public hearings pertaining to land use issues will have five
minutes). The first person representing the organization will be allowed the five minutes.
Subsequently, all other speakers on behalf of that organization have three minutes to address the
Board. Once an individual has addressed the Board, he or she will not be permitted to return to
the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that
case, the applicant may return to the podium to conclude his or her position at the end of the
public hearing.
Please note that all time approximate items are listed in bold.
Wednesday, May 20, 2009
Murray E. Nelson Government & Cultural Center, MM 102.5
102050 Overseas Highway
Key Largo, Florida
9:00 A.M. Regular Meeting
9:15 A.M. Land Authority Governing Board
9:30 A.M. Fire & Ambulance District 1
Board of Governors
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
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PRESENTATION OF A WARDS
I. Presentation of Years of Service Award for 25 years of service to
Monroe County to Norma Kula, Director of Libraries. V I E W
2. Presentation of Years of Service Award for 10 years of service to
Monroe County to Sylvia Capote, Custodian, Facilities
Maintenance Department, Public Works Division. VIEW
3. Presentation of Mayor's Proclamation declaring May 22, 2009 as
Maritime Day. VIE W
4. Presentation of Mayor's Proclamation observing the week of May
17-23,2009 as "Emergency Medical Services Week." VIEW
5. Public presentation of annual volunteer and career firefighter's
awards. VIEW
C. DtlLK APPROVALS - COMMISSIONER WIGINGTON
VI. - Approval of Contract with Weathertrol Maintenance Corporation
for the HV AC Equipment Replacement project at the Florida Keys
Marathon Airport, in the total amount of $466,1 I 1.00. VIEW
Approval to advertise Request for Proposals (RFP) for Janitorial
Services at the Florida Keys Marathon Airport. V I E W
Approval to enter into a Public Transportation Joint Participation
Agreement for Federal Transmit Administration Section 5316 Job
Access & Reverse Commute Program with the Florida Department
of Transportation. Grant was submitted pursuant to Resolution
No. 498-2007. VIEW
Request award of bid and approval of food service contract
between Monroe County BOCC and G.A. Food Service, Inc. for a
period of seven months beginning on June I, 2009 and ending
December 31, 2009, with an option to renew for two consecutive
one- year renewal periods through contract amendment beginning
on January 1,2010. VIEW
Approval for Class Act Cleaning to continue to provide janitorial
services for the Key West Airport existing terminal building on a
month to month basis, pending advertising a Request for
Proposals, selection of vendor, and contract for janitorial services.
VIEW
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Approval of Joint Participation Agreement with the Florida
Department of Transportation to fund the purchase of aircraft
rescue fire fighting equipment for the Florida Keys Marathon
Airport. V I E \~
Approval of Supplemental Joint Participation Agreement with the
Florida Department of Transportation for additional funding for the
Runway Safety Area project at the Key West Airport. Yll~W
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c. rK APPROVALS - CONTINUED
. Approval to waive Purchasing Policies and Procedures, to pay
Lang Environmental Inc. $14,138.00 for the emergency removal of
asbestos in the old Terminal Building at the Key West
International Airport, and to pay EE&G Environmental Services,
$3,350.00, for consulting services in relation to the asbestos
removal. Y I L~ W
Approval of Amendment and 1 s1 Renewal of Franchise Agreement
with Waste Management, Inc. of Florida. V I EW
Approval of Amendment and 1 s1 Renewal of Franchise Agreement
with Marathon Garbage Service, Inc. f/k/a Mid-Keys Waste, Inc.
VIE~
Approval of Amendment and 1 s1 Renewal of Franchise Agreement
with Ted Carter Enterprises, Inc. d/b/a Keys Sanitary Service.
YIEW.
Approval of Amendment and 1 s1 Renewal of Franchise Agreement
with Ocean Reef Club, Inc. V I E'vV
Approval of renewal agreement with Stand Up for Animals, Inc.
for operation of the Big Pine Key and Marathon Animal Shelters.
VIEW
Approval to waive the $10.00 adoption fee for adult cats during the
month of June, 2009, in observance of Adopt-A-Cat Month. VIEW
Approval of Modification No. 1 restructuring the rental rate in the
Lease Agreement with the State of Florida Department of Juvenile
Justice for office space on the second floor of the Department of
Juvenile Justice Building on Stock Island. VIE\V
Approval to exercise the second option to renew the contract with
Diversified Services of Key West, Inc. for janitorial services at the
May Hill Russell Library, Key West, Florida, and the Department
of Juvenile Justice Building - second floor. VIEW'
Approval to exercise the second renewal option to the agreement
with Weathertrol Maintenance Corp. for central air conditioning
maintenance and repair for Lower Keys Facilities. Ylli~
Approval to institute legal proceedings against Glen Boe &
Associates, Inc.YJJi~Y
Approval to institute legal proceedings against Glen Boe &
Associates, Inc. YJL~~
Approval to renew the existing Emergency Generator Maintenance
Contract with All Power Generators, Corp. for one additional year.
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Approval to award bid and execute contract for bio-diesel fuel to
the lowest acceptable bidder Blaylock Oil Company .yJL~Y
Approval of Fourth Amendment of the Contract for Temporary
Pigeon Key Ferry Service, extending the termination date to
December 31, 2009. \~JL\~
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C. BI ~ APPROVALS - CONTINUED
~~. Approval of the receipt of monthly report on change orders
/ reviewed by the County Administrator's Office. V I E W
L ~4. Approval of a Third Amendment to Contract for Consulting
Services for American With Disabilities Act (ADA) Compliance
~ ~ Assessments with MBI!K2M Architecture, Inc. V IE 'Jy'
..-~. Approval of a contract with Ecoscapes LLC for landscaping and
irrigation at the Big Pine Key Fire Station. V I E W
~. Ratification of County Attorney's signature to Modification #2,
and approval of Modification #2 to the State-Funded Subgrant
W / Agreement extending the date for federal funding from May 8,
y 2009 to December 7, 2009 for a new Emergency Operations
Center (EOC). VIEW
J?f. Approval of a Second Amendment to Contract with Currie
Sowards Aguila Architects for ArchitectJEngineering services at
/ the Murray E. Nelson Government and Cultural Center. VIEW
...z8. Approval of Utility Easement by and between Monroe County and
/ Keys Energy Services for the Big Pine Key Fire Station. VIEW
~. Approval of a Third Amendment to Contract with Currie Sowards
Aguila Architects for ArchitectJEngineering services at the Murray
E. Nelson Government and Cultural Center. VIEW
Approval to renew current Employee Assistance Agreement for
one year with Horizon Behavioral Services, Inc. V I E W
Approval for Mayor to sign title transferring County Vehicle No.
0970-5875 to insurance company. VIEW
32. Approval to accept proposal from Goodman-Gable-Gould
Adjusters International to provide Insurance Adjusting Claim
. / Services. VIEW
~. Renewal of a Certificate of Public Convenience and Necessity
(COPCN) to Ocean Reef Volunteer Fire Department, Inc. d/b/a
Ocean Reef Public Safety Department (ORPSD) for the operation
of an ALS transport ambulance service for the period June 1, 2009
/ through May 31, 2011. VIEW
\y- Acceptance of the Monroe County Length of Service A ward
Program (LOSAP) actuarial valuation report for the Plan Year
2008; transfer of funds for Plan Year 2008 and 1989 into the
LOSAP Trust Fund; approval of Resolution authorizing each
participant in LOSAP to be credited with additional year of
service. y I E~
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BvLK APPROVALS - CONTINUED
.}S. Approval of an agreement with the State of Florida, Division of
Emergency Management concerning a Subgrant Agreement under
the Severe Repetitive Loss (SRL) Grant program contract number:
09SR-47-11-54-01- SRL-PJ-04-FL-2008-024 (Finigan) in the
amount of $149,478.66; approval of agreement between Monroe
County and Lesley A Finigan Revocable Trust; and authorization
for the County Administrator to execute any other required
documentation in relation to the application process. Y I E W
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. V I E W
Approval of submission of final program report for contract with
the State of Florida Department of Children and Families for the
Criminal Justice, Mental Health, and Substance Abuse
Reinvestment Grant as required by DCF. V I E W
Approval to advertise a public hearing for a Budget Amendment
for Fund 404 Key West International Airport, and approval to
create new Fund 406 Passenger Facility Charge. VIE\V
Approval of a Resolution authorizing the write-off of outstanding
receivables owed to Monroe County by the Pigeon Key
Foundation. VIEW
Approval to renew a contract for Financial Advisory Services with
Public Financial Management Inc. (PFM), Financial Advisor to
Monroe County for two additional years. V I E W
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T9DRIST DEVELOPMENT COUNCIL
V' Approval of an Amendment to Agreement with Tinsley
Advertising and Marketing, Inc. to exercise option within
Agreement to extend the Agreement for an additional two year
/ period to September 30,2011. VIEW
. Approval of an Amendment to the Agreement with Cooke
Communications L.L.C., a Delaware Limited Liability company
doing business as "Floridakeys.com and KeyWest.com", to revise
scope of services and compensation. V I E \tv!
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STAFF REPORTS
I. AIRPORTS
2. BUDGET & FINANCE
3. EMERGENCY SERVICES
4. EMPLOYEE SERVICES
5. PROJECT MANAGEMENT
6. GROWTH MANAGEMENT
7. PUBLIC WORKS
8. TECHNICAL SERVICES
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ADJOURNMENT
9:15 A.M.
ADJOURNMENT
9:30 A.M.
ADJOURNMENT
LAND AUTHORITY GOVERNING BOARD
1. Approval of the minutes for the April 15, 2009 meeting. VIEW
2. Approval to accept the donation of Block 13, Lot 39, Bay
Haven Section 3, Key Largo for conservation. V IE W
3. Approval to accept the donation of a conservation easement on
Lots 43 and 44, Tavernier Cove No.1, Key Largo. VIEW
4. Approval to purchase property for conservation.
a) Block 6, Lot 29, Harris Ocean Park Estates, Key Largo. VIEW
b) Block 4, Lots 42 and 43, Revised Amended Plat of Riviera
Village, Key Largo. V I EW
5. Approval of a resolution modifying the affordable housing
deed restrictions for property in Mandalay subdivision on Key
Largo (RE #554720-000000 and 554720-000100). VIEW
Approval of a resolution authorizing subordination of the
mortgage loan encumbering the Roosevelt Sands, Jr. Housing
Complex in Key West to a CWHIP mortgage loan. VIEW
G.
ViIRE AMBULANCE DISTRICT 1
BO OF GOVERNORS
1. Report
2 Approval of Renewal Agreement effective May 16, 2009
through May 15,2010, between Board of Governors, Fire and
Ambulance District 1 of Monroe County, Florida and
Aergency Training Solutions, Inc. (ETSI) to provide on-line
Emergency Medical Technical and Paramedic continuing
education courses via the Internet. V I E W
· Approval to issue a Purchase Order to Ten-8 Fire Equipment,
Inc., sole source provider of MSA Self Contained Breathing
/ipparatus (SCBA) products for Monroe County, in the
amount of $29,045.00 for the purchase of 37 MSA cylinders for
SCBA. VIEW
· Approval of Extension and Amendment Number 1 with
Advanced Data Processing Inc. to provide rescue ambulance
billing and related professional services extending the term
from June 1, 2009 through May 31, 2010, amending section B2
to amend the time frame that accounts are sent to collection,
amending section B3 to clarify modified payments and
settlement requests, amending Section Cl to clarify re-filing of
claims, and amending Section G to add two additional monthly
reports. V I E \V
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H. ~NCY SERVICES
1. Discussion and approval of a resolution or other direction
pertaining to Trauma Star fees and services. VI E \V
D~ISION OF GROWTH MANAGEMENT - BULK APPROVALS
~ Approval of a Supplemental Joint Participation Agreement (JPA)
No. 1 with the Florida Department of Transportation (FDOT) for
Contract #AOU27 for Transportation Planning Consultant
Assistance and Transportation Planning Staff Assistance (Scenic
Highway Coordinator Position), extending the term of the JP A
from December 31, 2009 to December 31, 2010, and providing
additional funding of$417,000. VIEW
Approval of Amendment No.3 to the contract between Monroe
County and URS Corporation Southern to increase the
compensation cap from $355,000 to $406,000. VIEW
Ratification of Florida keys Scenic Corridor Alliance (FKSCA)
grant application to VISIT FLORIDA for Florida Keys Scenic
Highway Web site Development using existing FDOT funding,
authorizing the administrator to execute documents accepting the
grant. VIEW
Approval of resolution adopting amendments to the Local Housing
Assistance Plan to include Incentive Strategies required by F .S.
420.90.76. VIEW
Approval of Amendment No.1 to Agreement between James F.
Murley, Esq. and Monroe County to clarify scope of services.
VIE\V
Approval of resolution acknowledging the impacts associated with
illegal unpermitted vessel mooring proliferating throughout the
keys, and requesting the Florida Fish & Wildlife Conservation
Commission, the Florida Department of Environmental Resources,
and the Board of Trustees of the Internal Improvement Trust Fund
^-.I- to coordinate with Monroe County in addressing such impacts.
ri7 ~~~~val of Occupancy Agreement and 99 year lease between
Habitat for Humanity of the Upper Keys, Inc. and Monroe County
for a parcel of land in Key Largo (RE# 00554720-000000,
00554720-000100) on which fourteen (14) affordable housing
/ units will be built. V I E yV
~. Approval of Occupancy Agreement and 99 year lease between
Habitat for Humanity of the Upper Keys, Inc. and Monroe County
located at 98970 Overseas Highway in Key Largo (RE# 00522220-
000000) for continued use of store building and the construction of
five (5) units of Affordable Employee Housing.~]L~~/
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I. GROWTH MANAGEMENT - CONTINUED
~ 9. Approval of Occupancy Agreement and 99 year lease between
Habitat for Humanity of Key West and the Lower Keys, Inc. and
Monroe County for property on Big Coppitt at approximately Mile
Marker 10 (RE# 00156320) to build twelve (12) affordable
~<; housing units. VIEW
10. Approval for the immediate funding and creation of a new FTE
position (pay grade 9) within the Monroe County Building
Department. V I E W
10:00 A.M.
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7LOYEESERVICES
Discussion and approval to continue current contract
, agreements for the County's Third Party Administrator -
IWells Fargo and Utilization Review/Case Management and
/ Local Network Provider - Keys Physician Hospital Alliance.
VIEW
· Discussion and approval of Contract Agreement with
Dimension Health, Inc. to provide Network Provider Services
in the areas of Dade, Broward and Palm Beach Counties.
VIEW
2:00 P.M.
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CLOSED SESSION
1. A closed executive session of the Board of County
Commissioners in the matter of Roy's Trailer Park Inc v.
Monroe County, CA K 07-1505 during its regular meeting
scheduled for May 20, 2009 in Key Largo. VIEW
A closed executive session of the Board of County
Commissioners in the matter of Fonticiella Construction Corp.
j: v. Monroe County, Case No. CA K 09-424. VIEW
ASTEW A TER ISSUES
1. Report to update the status of Wastewater pr8jeets through
.../ April2999. Wastewater status report VIEW
V- Direct the Florida Keys Aqueduct Authority to move forward
with proposed plan to implement the installation of
Wastewater infrastructure on final Keys projects. VI EW
M. ~ROE COUNTY HOUSING AUTHORITY
vi' Approval of the Governor's appointment of David P. Purdo to the
Monroe County Housing Authority Board of County
Commissioners. Yl1~\V
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CO)'fMISSIONERS' ITEMS
J/ COMMISSIONER DiGENNARO - Approval to reappoint
Dennis Wooten to the Duck Key Security District Advisory Board.
VIEW
COMMISSIONER DiGENNARO - Approval to appoint James
Bernardin to the Tourist Development Council as the District 4
representative to fulfill term of Frank Rego. VIEW
COMMISSIONER WIGINGTON - Approval to appoint
Christopher Fogarty to the Green Initiative Task Force. VIEW
COMMISSIONER WIGINGTON - Approval to appoint Les
Faust to the Green Initiative Task Force. VIEW
COMMISSIONER CARRUTHERS -Approval to advertise and
hold a public hearing for an ordinance amending sec. 4-70, Monroe
County Code providing for the limiting of chaining or tethering of
dogs; providing for penalties; providing for process to contest
citation; providing for severability; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation into
the Monroe County Code of Ordinances; and; providing an
effective date. VIEW
COMMISSIONER CARRUTHERS - Approval to advertise and
hold a public hearing for an ordinance amending sec. Monroe
County Code section 12-31, chapter 12, Article II; providing for
composition of the beach and shore preservation authority districts
advisory boards; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
YIEW
~ COMMISSIONER CARRUTHERS - A resolution of the Board
V . of County Commissioners of Monroe County opposing Florida
State House Bill 1171 and Senate Bill 2036, opposing any
legislation having the result of abrupt deregulation of the insurance
industry, removing effective consumer protection against
unregulated rates, and seeking Governor Crist's veto if the
legislature passes such bills. Y I E W
COMMISSIONER CARRUTHERS - Approval to remove
Donna Windle from the Monroe County Planning Commission.
VIEW
COMMISSIONER CARRUTHERS - Approval to appoint
Elizabeth Lustberg to the Monroe County Planning Commission.
VIEW
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9:45 A.M.
O. COUNTY CLERK
1. Report
t?' Official approval of the BOCC minutes from the Regular meetings
/ of March 18, 2009 and April 15, 2009 - (previously distributed)
~/. Approval of Warrants. V I E W
./. Approval to remove surplus equipment from inventory via disposal
-' _ / or advertise for bid. V I E W
J Approval of Tourist Development Council Expenditures for the
month of April, 2009. V IE W
P. COUNTY ADMINISTRATOR
1. / Report - VIEW
tJ/ , Presentation by Holly M. Merrill, Legislative Assistant to State
- / Representative Ron Saunders on the Florida Keys Day. VIEW
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Q. COUNTY ATTORNEY
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Report
Approval of Gas Tax Sharing Interlocal Agreement for local
option gas tax. YIEW
Approval of acceptance of $12,000 offer to purchase Lot 60,
Conch Key, finding in accordance with Planning Director opinion
that there is no beneficial use of property to anyone other than
adjacent property owners, direction to staff to provide the statutory
notice to the adjacent property owners, and approval for the Mayor
and Clerk to execute a quitclaim deed (dated after expiration of
statutory notice period) for same upon the tendering of a cashier's
check for $12,000, contingent upon all recording costs being borne
by the purchaser. Y I E W
Approval of request for Chief Assistant County Attorney Bob
Shillinger to provide legal representation to his daughter and son-
in-law. YIEW
Approval of an Agreement between Monroe County and the State
of Florida, Office of the State Attorney for the Sixteenth Judicial
Circuit of Florida to reimburse the State for the cost of prosecution
in certain criminal violations of the County Code. Yl1~ W
Approval to advertise and hold a public hearing to consider
adoption of a County Ordinance regarding preference to local
businesses in bidding procedures. ylt}Y
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3:00 P.M.
R.
p.-~c HEARINGS
~ ULI Approval of a resolution amending the Planning and
Environmental Resources Department Fee Schedule to more
accurately represent current expenses and to adequately offset
/the true costs of providing services to the parties receiving the
benefits of such services and by lowering the cost for an
Administrative Appeal. VIEW
. A public hearing to consider approval of a County Ordinance
/ to strengthen "Whistleblower" protection policies for
County employees. VIEW
. A public hearing to consider approval of a County Ordinance
amending Sec. 22-100(b) of the Monroe County Code to
provide a $225 fee for business not otherwise taxed under the
provisions related to business taxes. VIEW
A public hearing for an ordinance creating Section 2-429 of the
Monroe County Code, a code of ethics for members of advisory
or quasi-judicial boards. VIEW
A public hearing for an Ordinance to impose a five-cent local
option motor fuel ("gas") tax; to clarify the statutory authority
r 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. VI E W
· A public hearing for an Ordinance to impose a ninth-cent local
~ / option motor and special fuel ("gas") tax. VIEW
/1. Public Hearing to consider approval of a resolution for a
Budget Amendment of fiscal Year 2009 2003 Revenue Bond
Debt Service Fund 207. V IE W
· A public hearing to consider a request for Administrative
, Relief for James Scott & Jean Marie McClure on Lot 8, Block
// 2, Sunset Waterways, Key Largo, Real Estate Number
00529850-000000. VI E W
. A public hearing to consider a request for Administrative
Relief for Donna Ancheta & Rita Griffith R1S on Lot 16, Block
2, Sunset Point, Key Largo, Real Estate Number 00490750-
000000. VIE\V
A public hearing to consider a request for Administrative
Relief for Charles R. Caldwell Sr. on Lot 6, Block 9, Ocean
Park Village, Key Largo, Real Estate Number 00446820-
000000. VIE\V
& A public hearing to consider a request for Administrative
Relief for Harold & Sherry Fried on Lot 1, Block 7, Harris
Ocean Park Estates, Key Largo, Real Estate Number
00449410-000000. VIE\V
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3:00 P.M.
R.
IC HEARINGS - CONTINUED
A public hearing to consider an ordinance by the Monroe
County Board of County Commissioners approving a request
by Fausto and Maria Del Carmen Diaz to amend the land use
district designation from Improved Subdivision - Duplex (IS-
D) to Improved Subdivision - Vacation Rental (IS-V) of
property legally described as Block 8, lot 2, Duck Key Indies
Island Section 1, Part 1, PBS-82 Toms Harbor, Monroe
County, Florida, having Real Estate Number 00377800-000000.
VIEW
A public hearing to consider a Development Agreement
between Monroe County and Calusa Campground Association,
Inc. 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, April 15, 2009.
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AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDA Y,MA Y 20, 2009
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
F1/F6 - Land Authourity
G 1/G4 - Board of Governors /
P2 - County Administrator
J1/J2 - Employee Services
Lunch Break
K1 - Closed Session
K2 - Closed Session
L 1 /L2 - Wastewater
R1/R13 - Public Hearings