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08/19/2009 Agenda / 1 • 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 bythe County. Oncepublic input begins, there will be no further speaker cards Y p p. 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. g• Please note that all time approximate items are listed in bold. Wednesday, August 19, 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 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. PRESENTATION OF.AWARDS 1. Presentation of Years of Service Award for 15 years of service to David Zalanka, Fire Rescue Lieutenant. VIEW Presentation of Mayor's Proclamation designating September 6th— 12th, 2009 as Suicide Prevention Week. VIEW 3. Presentation of Mayor's. Proclamation designating September 17'n rd—23 ,2009 as Constitution:Week. VIEW 1 .. C B ULK APPROVALS MAYOR NEUGENT V. Ratification of the signing of.an Award: letter by the Mayor accepting additional Federal funds in the amount of$49,206.00 as a Modification to the Emergency. Management Base Grant Agreement # 09-BG-03-11-54-01-169 in the amount of $98,72600; and authorization for the County Administrator to execute any other required documentation in relation to the application process. VIEW 2. Approval of an Agreement.with the University of Miami Miller School of Medicine (UM), Gordon.Center for Research in Medical Education GCRME designating Monroe County Fire Rescue (MCFR) as a satellite training site to offer American Heart Association (AHA) Basic Life Support (BLS), and Advanced Cardiac Life Support(ACLS) courses. VIEW 3. Approval of Amendment 001 to the Nutrition Services Incentive Program(NSIP) Contract US-951 between the Alliance for Aging, Inc: (Area Agency on Aging) and:the Monroe County Board of County Commissioners (Social Services/Nutrition Program) for fiscal year 8/1/08 to 9/30/09. VIEW 4. Approval of the Home and Community Based Case Management Referral Agreement between the Florida Department of Children& Families and the Monroe County Board of County Commissioners (Social .Services/In-Home Services Program) for State fiscal year (SFY) July 1, 2009 to June 30, 2010. VIEW J Approval of Modification #1 to the Low.Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number 09EA-7K-11-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the.State of Florida, Department of Community Affairs for the/ . provision of funds to pay electric.bills for low income clients. VIEW 6: Approval of renewal agreement with Orion Bank for an Automated Teller Machine at the Key West International Airport. VIEW Approval to advertise a Request for Proposals for Parking Lot Management for the Key West International Airport. VIEW 07 Approval of Award of bid to Quality Enterprises USA, Inc., for Runway Safety Area improvements at the Key West International Airport. VIEW a. Approval. of Federal Aviation Administration grant to conduct an Environmental Assessment for relocation and extension of Runway 07/25 at the Florida Keys Marathon Airport, in the amount of$485,855.00. VIEW 0 Approval of:a lease amendment to the Airportr p Gift Shoplease pp with Ms. Gina.Borrego and Last Chance Gifts, LLC, at the Key West International Airport. VIEW 2 • ;C. B K APPROVALS -CONTINUED . Approval to apply for a Small Community Air Service Development Program grant to obtain one or more low cost air carriers for the Key West International Airport. VIEW . Approval of award of bid to Tri-Tech Construction and Design, Inc., in the amount of $106,456.45, for: Runway Obstruction Clearing Phase II, at the Key West International Airport VIEW c.1'3. Approval by the BOCC, of a vendor from the top-ranked firms, to negotiate. a contract for the development of Monroe County's Americans with.Disabilities Act Transition Plan. VIEW IX4. :. Approval of Receipt of monthly report on change orders rev iewed by the County Administrator's Office. VIEW / Approval of the first of three one-year renewals with the Florida Keys Council of the Arts to utilize 10% of the 1% allocation for art funding, for the reimbursement of administrative expenses. VIEW . Approval of a Fourth and final Amendment to Contract :for Consulting Services for American: With Disabilities Act (ADA) Compliance Assessments with MBI/K2M Architecture, Inc.VIEW — l.017 ▪ Approval.of rates charged by.Miami-Dade County Fair & Expo for electric, lights and air conditioning.during Hurricane Ike activation of pet friendly shelter:facility. The rates: billed were $27.00 per hour for electric/lights, and $80.00 per hour for Air Conditioning during September 7-8, 2008. VIEW Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW : ▪ Approval of:a Resolution authorizing the: submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2010 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County Administrator to execute application.VIEW ‘,2110. Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Florida Department of Law Enforcement:for fiscal year 2010 (Oct 1, 2009 through Sept. 30, 2010), whereby Monroe County agrees to the:distribution of JAG:program funds in the County. VIEW 1.: :: Approval to award Public Works:surplus items as :described in attached Recap of Bid Opening on July 30, 2009. (Items 1, 2, 11, 12, 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28 &29). VIEW 2. Approval to award bid and execute contract to Curran Taylor, Inc. for:Convection:Steamers for the Monroe County Detention Center on Stock Island. VIEW . Approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs. VIEW 3 C. B4 K APPROVALS—CONTINUED th . Approval of a Resolution and acceptance of the 7 year Consolidated Small County Solid Waste Management Grant Agreement.to/ VIEW 5. Approval to add a Recycling Coordinator position under Solid aste:Management, effective 10-1-09. VIEW 26 Approvalapply grantp for staff to for a: for transportation stimulus Vi/W funds for bridge repair and rehabilitation projects and for the Mayor to execute a certification stating that projects that may be awarded discretionary stimulus grant funds through the American Recovery and Reinvestment Act of 2009 (ARRA) have received the full review and vetting required by law and that: :the infrastructure investment is an appropriate use of taxpayer dollars. IEW ry/ Approval of Resolution indicating strong support for bridge repair and rehabilitation projects: VIEW D. TO RIST DEVELOPMENT COUNCIL . Approval..of:the FY 2009 Monroe County Tourist Development. Council Marketing Plan. VIEW Approval of an Amendment to::Agreement with :Lower :Keys Chamber of Commerce Inc. coveringBigPine and Lower Keys s � Y. . Island Art Festival to revise date of event to December 5, 2009. . VIEW Approval of an Amendment to extend the Agreement with 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Sections 2-299. VIEW Approval is requested to waive policies and bid process and enter • pp q into a contract with The Ameurop Group, Inc. who is the only entity that provides multilingual tourist assistance for 24 hours, 7 : days a week; 365 days a year. The Ameurop Group, Inc. provides live assistance through to 1-800-771-KEYS and provides a / / monthlyy detailed report. VIEW Approval of an Agreement with Keys ::Association of Dive Operators, Inc. to act as a County Wide Dive Umbrella. VIEW Approval of an Agreement with Key West Business Guild, Inc. for Visitor Information Services which promote gay and lesbian y7. tourism for Key West. VIEW Approval of : an Agreement with Florida Keys Fishing Tournaments, Inc. to act as a County Wide Fishing Umbrella. VIEW Announcement of one vacant position on the Tourist Development "4 /0/—' Council District I Advisory Committee for. an "At Large" appointment. VIEW 4 D. TO IST DEVELOPMENT COUNCIL -:CONTINUED Announcement of one vacant position on the Tourist Development Council District II AdvisoryCommittee for an "At Large" e" g appointment. VIEW E. STAFF REPORTS 1. AIRPORTS . . : BUDGET.& FINANCE 3. EMERGENCY.SERVICES i4. EMPLOYEE SERVICES 5 . PROJECT MANAGEMENT ' GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES. ADJOURNMENT 9:15:A.M. F. LAND AUTHORITY GOVERNING BOARD 1. . . . Approval of the minutes for the July 15, 2009 and July 24, 2009 meetings,:VIEWW 2. Approval to purchase property for conservation.. a) Block 6,Lot 16, Palma Sola on Key Largo. VIEW b) Block 5, Lot 5, Tropical Key Colony on Big Pine: Key. VIEW .. c) :: Block 5, Lots 41 and 42, Cutthroat Harbor Estates on Cudjoe Key. VIEW 3. Mayor Neugent Approval to appoint Kathryn Wheeler to the Land Authority Advisory Committee. VIEW ADJOURNMENT G. D ISION OF.GROWTH MANAGEMENT-BULK APPROVALS Approval of a resolution addressing procedural issues pertaining to the `Contract for Removal, Refloating and/or Demolition and Disposal of :Derelict Vessels :and Marine Debris', providing clarification regarding the intent : of the contract,: providing clarification regarding quote solicitation and job award procedures, and waiving purchasing policy by providing additional purchasing levels and signature authorities to expedite the derelict vessel and • marine debris removal process. VIEW I/ Approval of a grant task assignment with the Florida Fish & Wildlife Conservation ' Commission (FFWCC) to receive a $176,000 grant for the removal of invasive exotic plant species . from conservation lands that are owned or managed by Monroe County: VIEW 5 G. OWTH MANAGEMENT-CONTINUED Approval of a resolution authorizing the acceptance of Block 54, Lots 16 & 17, Maloney Subdivision also known as McDonald's Plat (PB 1-55) in Stock Island from Monroe.= County Comprehensive Plan Land Authority for affordable housing including a 12 unit apartment complex consisting of 3 buildings located at 5530 Third Avenue, Stock Island. (RE# 00126970- / 000000). VIEW 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 in: Stock Island (RE# 0012970- 000000): for management and renovation of :a 12 unit apartment complex to be used for affordable ousing. VIEW. Approval of Ground Lessor Estoppel:.and Attornment Agreement by Monroe County and Sea Grape II, . LTD, in favor. .of/ Neighborhood Lending Partners of South Florida,Inc. VIEW Approval of re-plat of Rockland Industrial Park,: a portion of overnment Lot 7, Section 21, Township 67 South, Range 26 East j _ Rockland Key Florida. VIEW IP' j e . The Green Initiative Task Force(GITF) requests approval to apply for:a grant from the Federal Government that requires no matching --)r- funs. :Known as the Solar American Cities-Technical Outreach,it offers $10.5M total funding and is designated for energy efficiency and renewable energy information dissemination, outreach, / training and technical analysis. In order to apply the GITF.will need assistance of County staff to assist in writing the grant. VIEW Approval and ratification of members to the Green Initiative Task Force (GITF) for a one-year term,the appointments are for District 2 David .Tuttle, District .3..Jedde Regante= and Donna Windle,. District 4 Steven.Grasleyand JeffreyPinkus, and District 5 Joel Reed and John Hammerstrom. All of the appointments are being :renewe for an additional:one-year termbeginning September 29,: . 2009 and expiring on September 28, 2010. VIEW . -- 9. Approval of the currently utilized ."H" mitigation: .credit/debit process for public and private development located on Big Pine ey and No Name: Key with direction to Growth Management to u,./ ursue Regulatory Conservation as :a mitigation strategy using a itigation ordinance as a secondary approach. VIEW . iscussion and approval for the Affordable Housing Advisory Committee (AHAC) to meet four times per year. VIEW I/ Approval of an amendment to the 2006 Agreement with:DRC, LLC extending the Agreement for one additional year, through September 19, 2010. VIEW 6 G.:. . G WTH MANAGEMENT-:CONTINUED : ; Approva of the Code Enforcement Action Plan which includes altering the job description of a current employee and:the=creation of two (2) one (1) FTE positions Within the Code Enforcement Department. :VIEW '----- 13.: :: Approval of a sublease from Overseas Redevelopment Company, : LLC to Flagler Village Ltd. Partnership, for that portion of the : .:: lease that is post-development. VIEW OSED SESSION 1:30 P.M. 1. An Attorney-Client Closed Session of the Board of County : Commissioners:in.the matter of:Tropex Construction Service, : Inca vs..Monroe County, CA P 06-44. VIEW . • . :: 1:45 P.M 2. An Attorney-Client Closed Session of the Board of County Commissioners: in the matter :of Donald Barton v. Monroe : County, CA K:09-917 VIEW 2:00 P.M. I. ASTEWATER ISSUES 1. Wastewater status report VIEW :: .. ApprOVal to execute the Florida Department of Environmental Protection (FDEP): Clean Water::State Revolving.Fund (SRF) : Loan Agreement WW602090 in the amount of $20,134,400 to fund ::the construction of the Big Coppitt . Wastewater Treatment Plant:and Geiger/Rockland Key collection systems. : VIEW J M . ROE;COUNTY HOUSING AUTHORITY . Approval of a resolution of the Board of County Commissioners of Monroe County, Florida approving an amendment to the :. 2008/2009/2010•Local. Housing Assistance Plan as required by the State.Housing Initiatives Partnership SHIP Program, authorizing the adoption::of the "Florida Homebuyer Opportunity Program" :: (FHOP) strategy: and the submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation. VIEW K. C MISSIONERS' ITEMS. MAYOR NEUGENT Discussion with: staff and Board 'of County Commission regarding the use of the "Old Stiglitz House" on South Street near Watson Park on.Big Pine Key for the Boys and Girls Club after school and summer programs. VIEW MAYOR NEUGENT - Approval to appoint Sylvia Murphy, Mayor Pro Tern to the Tourist::Development Council as the Mayor's representative to the Board of County Commissioners. VIEW . 3. MAYOR NEUGENT - Discussion with the Board. of County Commission on whether to provide subsidy funding for CAPE Air j to offer Commercial Air Service into Marathon.Airport. VIEW 07 -. MAYOR NEUGENT Discussion on moving forward on legislation and providing direction to the County:Attorney to negotiate a contract with Grey Robinson Law.Firm for purposes of v lobbying the Florida State Legislation to support a Bill entitled Area of Critical State Concern : Wastewater and:: Stormwater Assistance Program. VIEW COMMISSIONER DIGENNARO - Approval to reappoint Jim Cameron to Planning Commission as the District 4 representative. VIEW 6: COMMISSIONER DIGENNARO - Recommendation of support \q \` to provide additional land on Scout Key to be placed under conservation easement to satisfy the requirement for off-site mitigation for Camp Sawyer. VIEW )7 COMMISSIONER CARRUTHERS - Approval of contract with Timothy Vole Esq. of Volpe, Bajalia, Wickes, Rogerson & Galloway, P.A. for legal services related to wind storm insurance coverage and rates. VIEWW COMMISSIONER CARRUTHERS - Motion for renewal of the motion to approve the contract with AIS Risk Consultants for actuarial services related to wind storm insurance coverage and rates. : . r •. COMMISSIONER DIGENNARO ..- Discussion to waive or reduce permittingfees for North KeyLargo Utilities project (2._ g Corp� p J • to upgrade r the existingwastewater treatment facility : wa.. .. to meet the 2010 standards, and possible direction to staff to draft a resolution amending the fees as approved by the Board. VIEW 10. COMMISSIONER DIGENNARO - Approval of ILA with. the City of Marathon to assist the City of Marathon with training_'of City code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinaryr y functions. This ILA terminates the prior agreement and updates it. VIEW 8 . Report: Official approval of the Board of County Commissioners minutes from the Regular meeting of June 17; 2009 (previously distributed) ::: . Approval of Warrants: VIEW. Approval to remove surplus equipment from:inventory via disposal or advertise for bid. VIEW Approval of Tourist Development Council Expenditures for the month:of July, 2009. VIEW ▪ Consideration to rescind Agenda Item K7 from the April 19, 2006 BOCC meeting a Letter of Understanding with: the Florida Department of Community Affairs recognizing the number. of affordable dwelling unit allocations available for use in Agreement with developers::VIEW ▪ Consideration to approve the corrective warrants list for the period of October, 2008 through June, 2009. VIEW: M. C Y ADMINISTRATOR Report. VIEW :: Approval or rejection of the proposal to lease:the:property formerly known as the Hickory House parcel and fixtures for the sum of one :: dollar a year for thirty years with ideas for:improvements..VIEW 3. Approval of the reappointment of Mr. Lou Hernandez to. the : Tourist Development Council representing:the position of elected municipal official; V.. IEW • Approval of Lease Agreement•eement with Monroe CountY Health Department to provide office space at the Gato .Building, 1100 Simonton Street, Key West, Florida..VIEW . Approval of Lease Agreement ::with Monroe County Health Department to provide office space at the. Murray E. Nelson Government and Cultural'Center; Key Largo;Florida. VIEW N.. C TY ATTORNEY Report 2. : . Approval of a) Addendum VII to :Grant Contract to transfer four Count. owned arcels located within the Cityof Marathon to (4) County-owned p . the City of Marathon and b) approval for the Mayor to.execute the correlating Quit Claim Deed approved by the Florida Communities : Trust, ::upon receipt of the executed Addendum VII to Grant Contract from the City of Marathon. VIEW . . Approval of a Professional Services :Contract with•Thomas D. Wright.to:serve as legal counsel for the Contractors Examining Board.:VIEW 9 r N. Y ATTORNEY - CONTINUED CO74 . Approval of a Consent to Assignment from Tew Cardenas, LLP to Cardenas Partners, LLC of original agreement dated February 27, 2009, and all subsequent amendments, for provision of lobbying services pursuant to notification received that the / Washington office of Tew Cardenas, LLP has bifurcated from: the Miami office :and is now its own separate entity known as Cardenas Partners, LLC effective July 1, 2009. VIEW 5. Approval .of Resolution to extend the default date for the SHIP mortgage issued to Woods Corner.to December 31, 2009. VIEW iyApproval of payment of$43,152.46 to Ferencik, Libanoff, Brandt, Bustamante & Williams, P.A. for legal services provided on behalf of Monroe County in the matter of Monroe County v. Bender & Associates, etc/D.L. Porter Constructors, Inc. vs. Bliss-Cashier Metal Products, Inc., Case No.. 03-CA-915-K. VIEW 7 Approval for: Assistant County: Attorney Granger: to voluntarily dismiss without prejudice the County's foreclosure actions entitled Board of County Commissioners of Monroe County, Florida v. Tony Welters and Virginia Welters, Case No. 03-CA-1505-K and Board of County Commissioners of Monroe County, Florida v. Louis Welters, et. al., Case No. :04-CA-639-K but allowing the / Code Enforcement lien to remain filed and: imposed during its regular meeting scheduled for August 19, 2009 in Key Largo. VIEW 8 Request approval to advertise a public hearing for an Ordinance prohibiting lobbying of County officials and employees from the time a solicitation is advertised until the award of contract, and a ing totebases for debarment the violation of the lobbying prohibition. VIEW Approval to advertise a public hearing for an ordinance amending / Section 23-85 of the Monroe County Code. VIEW trizukv4— .0• vo c / 3:00:P.M. O. P,UBLIC HEARINGS vl. A public hearing for an ordinance deleting Sections 23-82, 23- 83, 23-85(e), 23-88, 23-93 of the Monroe County. Code and amending Sections 23-102 and 23-111(a)(3) of the Monroe County Code. VIEW . A Public hearing to consider: adoption of an: Ordinance amending Monroe County Code, Section 10-25 to increase the surcharge in traffic cases from$15 to $30. VIEW: 10 3:00 P.M. O. /PUHEARINGS public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending Section 102-20 of the . Monroe County Code concerning: the appointments and terms of members of the Planning Commission and vacancies thereon; deleting removal for cause except as specifically set forth; :deleting the requirement for ecial meetings; removing the for time certain public hearings and adding a military representative as an ex officio member. VIEW A public hearing to consider an ordinance amending Chapter 142 n Si s in the Land Development Code, specifically b g PY.: amending Section 142-3 regarding vehicle and A-frame signs; by amending Section 142-4 regarding off premises signs; by amending section 142-5 regarding electronic signs; and by creating Section 142-8 for special identification signs; providing for severability; providing for repeal of:inconsistent provisions; providing for transmittal to the Secretary of State and Department of Community Affairs; providing for. codification; providing for an effective date.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, August 14, 2009. 11 ADD-ONS PageY4 C27 Page 8 K9 . ,cId V~ Page 8 KI0 DELETIONS Page 8 Page 8 ~ WEDNESDAY, AUGUST 19,2009 PUBLIC WORKS - Approval of Resolution indicating strong support for bridge repair and rehabilitation projects. COMMISSIONER DIGENNARO - Discussion to waive or reduce permitting fees for North Key Largo Utilities Corp project to upgrade the existing wastewater treatment facility to meet the 2010 standards, and possible direction to staff to draft a resolution amending the fees as approved by the Board. COMMISSIONER DIGENNARO - Approval of ILA with the City of Marathon to assist the City of Marathon with training of City code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it K7 COMMISSIONER CARRUTHERS - (Deleted) - Approval of contract with Timothy Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson & Galloway, P .A. for legal services related to wind storm insurance coverage and rates. K8 COMMISSIONER CARRUTHERS - (Deleted) - Motion for renewal of the motion to approve the contract with AIS Risk Consultants for actuarial services related to wind storm insurance coverage and rates. CORRECTIONSINOTES Page 4 Page 4 C25 PUBLIC WORKS - (Revised Backup) - Approval to add a Recycling Coordinator position under Solid Waste Management, effective 10-1-09. C26 PUBLIC WORKS - (Wording changed on the AIS item background) - Approval for staff to apply for a grant for transportation stimulus funds for bridge repair and rehabilitation projects and for the Mayor to execute a certification stating that projects that may be awarded discretionary stimulus grant funds through the American Recovery and Reinvestment Act of 2009 (ARRA) have received the full review and vetting required by law and that the infrastructure investment is an appropriate use of taxpayer dollars. 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, August 19, 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 3:00 P.M. Public Hearings TIME APPROXIMATE REGULAR MEETING 9:00 A.M. 'CALL TO ORDER /INVOCATION /ALUTE TO FLAG GA. ADDITIONS, CORRECTIONS, DELETIONS B. /PRESENTATION OF AWARDS J 1. Presentation of Years of Service Award for 15 years of service to David Zalanka, Fire Rescue Lieutenant. VIEW ,„1 Presentation of Mayor's Proclamation designating'September 6th— 12th, 2009 as Suicide Prevention Week. VIEW v Presentation of Mayor's Proclamation designating September 17th —2311,2009 as Constitution Week. VIEW 1 C BULK APPROVALS —MAYOR NEUGENT Øi. Ratification of the signing of an Award letter by the Mayor accepting additional Federal funds in the amount of$49,206.00 as a Modification to the Emergency Management Base Grant Agreement # 09-BG-03-11-54-01-169 in the amount of $98,726.00; and authorization for the County Administrator to execute any other required documentation in relation to the application process. VIEW 2. Approval of an Agreement with the University of Miami Miller School of Medicine (UM), Gordon Center for Research in Medical Education (GCRME), designating Monroe County Fire Rescue (MCFR) as a satellite training site to offer American Heart Association (AHA) Basic Life Support (BLS), and Advanced Cardiac Life Support (ACLS) courses. VIEW 3. Approval of Amendment 001 to the Nutrition Services Incentive Program(NSIP) Contract US-951 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/Nutrition Program) for fiscal year 8/1/08 to 9/30/09. VIEW 4. Approval of the Home and Community Based Case Management Referral Agreement between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services Program) for State fiscal year (SFY) July 1, 2009 to June 30, 2010. VIEW 5. Approval of Modification #1 to the Low Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number 09EA-7K-11-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. VIEW 6 6. Approval of renewal agreement with Orion Bank for an Automated Teller Machine at the Key West International Airport. VIEW Approval to advertise a Request for Proposals for Parking Lot Management for the Key West International Airport. VIEW 8. Approval of Award of bid to Quality Enterprises USA, Inc., for Runway Safety Area improvements at the Key West International Airport. VIEW 0' 9. Approval of Federal Aviation Administration grant to conduct an Environmental Assessment for relocation and extension of Runway 07/25 at the Florida Keys Marathon Airport, in the, amount of$485,855.00. VIEW 010. Approval of a lease amendment to the Airport Gift Shop lease with Ms. Gina Bon-ego and Last Chance Gifts, LLC, at the Key West International Airport. VIEW 2 C. B K APPROVALS —CONTINUED 0-------- . Approval to apply for a Small Community Air Service Development Program grant to obtain one or more low cost air carriers for the Key West International Airport. VIEW 13 12. Approval of award of bid to Tri-Tech Construction and Design, Inc., in the amount of $106,456.45, for Runway Obstruction Clearing Phase II, at the Key West International Airport. VIEW .613. Approval by the BOCC, of a vendor from the top-ranked firms, to negotiate a contract for the development of Monroe County's Americans with Disabilities Act Transition Plan. VIEW ..:e 14. Approval of Receipt of monthly report on change orders reviewed by the County Administrator's Office. VIEW 15. Approval of the first of three one-year renewals with the Florida Keys Council of the Arts to utilize 10% of the 1% allocation for art funding, for the reimbursement of administrative expenses. VIEW -b 16. Approval of a Fourth and final Amendment to Contract for Consulting Services for American With Disabilities Act (ADA) Compliance Assessments with MBI/K2M Architecture, Inc. VIEW o 1 . Approval of rates charged by Miami-Dade County Fair & Expo for electric, lights and air conditioning during Hurricane Ike activation of pet friendly shelter facility. The rates billed were $27.00 per hour for electric/lights, and $80.00 per hour for Air Conditioning during September 7-8, 2008. VIEW 13 18. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW 13 19. Approval of a Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2010 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County Administrator to execute application. VIEW J520. Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Florida Department of Law Enforcement for fiscal year 2010 (Oct 1, 2009 through Sept. 30, 2010), whereby Monroe County agrees to the distribution of JAG program funds in the County. VIEW .0 21. Approval to award Public Works surplus items as described in attached Recap of Bid Opening on July 30, 2009. (Items 1, 2, 11, 12, 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28 & 29). VIEW 22. Approval to award bid and execute contract to Curran Taylor, Inc. for Convection Steamers for the Monroe County Detention Center on Stock Island. VIEW 23. Approval to modify the fee structure for the use of Government ✓ meeting rooms, and Channel 76 televising costs. VIEW 3 C. BULK APPROVALS —CONTINUED 1 24. Approval of a Resolution and acceptance of the 7th year Consolidated Small County Solid Waste Management Grant Agreement. VIEW 1 5. Approval to add a Recycling Coordinator position under Solid A 11 Waste Management, effective 10-1-09. VIEW ' 26. Approval for staff to apply for a grant for transportation stimulus ,9 7 funds for bridge repair and rehabilitation projects and for the „ �,,tJ Mayor to execute a certification stating that projects that may be awarded discretionary stimulus grant funds through the American Recovery and Reinvestment Act of 2009 (ARRA) have received the full review and vetting required by law and that the infrastructure investment is an appropriate use of taxpayer dollars. VIEW �O3 27. Approval of Resolution indicating strong support for bridge repair and rehabilitation projects. VIEW D. TOURIST DEVELOPMENT COUNCIL D 1. Approval of the FY 2009 Monroe County Tourist Development Council Marketing Plan. VIEW 2. Approval of an Amendment to Agreement with Lower Keys Chamber of Commerce, Inc. covering Big Pine and Lower Keys Island Art Festival to revise date of event to December 5, 2009. VIEW ,6 3. Approval of an Amendment to extend the Agreement with 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Sections 2-299. VIEW i, 4. Approval is requested to waive policies and bid process and enter into a contract with The Ameurop Group, Inc. who is the only entity that provides multilingual tourist assistance for 24 hours; 7 days a week; 365 days a year. The Ameurop Group, Inc. provides live assistance through to 1-800-771-KEYS and provides a monthly detailed report. VIEW Q5. Approval of an Agreement with Keys Association of Dive Operators, Inc. to act as a County Wide Dive Umbrella. VIEW , -------)-- 6. Approval of an Agreement with Key West Business Guild, Inc. for Visitor Information Services which promote gay and lesbian tourism for Key West. VIEW 7.i Approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to act as a County Wide Fishing Umbrella. VIEW Announcement of one vacant position on the Tourist Development Council District I Advisory Committee for an "At Large" appointment. VIEW 4 \/ D. T URIST DEVELOPMENT COUNCIL - CONTINUED --9 Announcement of one vacant position on the Tourist Development Council District II Advisory Committee for an "At Large" appointment. VIEW E. AAFF REPORTS AIRPORTS 2. BUDGET & FINANCE 3. EMERGENCY SERVICES 4. EMPLOYEE SERVICES • PROJECT MANAGEMENT 46,) GROWTH MANAGEMENT 7. PUBLIC WORKS 8. TECHNICAL SERVICES ADJOURNMENT 9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD . Approval of the minutes for the July 15, 2009 and July 24, 2009 meetings. VIEW 2. Approval to purchase property for conservation. a) Block 6, Lot 16, Palma Sola on Key Largo. VIEW b) Block 5, Lot 5, Tropical Key Colony on Big Pine Key. VIEW c) Block 5, Lots 41 and 42, Cutthroat Harbor Estates on Cudjoe Key. VIEW 3. Mayor Neugent - Approval to appoint Kathryn Wheeler to the Land Authority Advisory Committee. VIEW ADJOURNMENT G. DIVISION OF GROWTH MANAGEMENT—BULK APPROVALS i S �1. Approval of a resolution addressing procedural issues pertaining to the `Contract for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels and Marine Debris', providing clarification regarding the intent of the contract, providing clarification regarding quote solicitation and job award procedures, and waiving purchasing policy by providing additional purchasing levels and signature authorities to expedite the derelict vessel and marine debris removal process. VIEW 2. Approval of a grant task assignment with the Florida Fish & .2) Wildlife Conservation Commission (FFWCC) to receive a $176,000 grant for the removal of invasive exotic plant species from conservation lands that are owned or managed by Monroe County. VIEW 5 G. GROWTH MANAGEMENT—CONTINUED 3. Approval of a resolution authorizing the acceptance of Block 54, Lots 16 & 17, Maloney Subdivision also known as McDonald's Plat (PB 1-55) in Stock Island from Monroe County Comprehensive Plan Land Authority for affordable housing including a 12 unit apartment complex consisting of 3 buildings located at 5530 Third Avenue, Stock Island. (RE# 00126970- 000000). VIEW 0 4. 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 in Stock Island (RE# 0012970- 000000) for management and renovation of a 12 unit apartment complex to be used for affordable housing. VIEW 9 5. Approval of Ground Lessor Estoppel and Attornment Agreement by Monroe County and Sea Grape II, LTD, in favor of Neighborhood Lending Partners of South Florida, Inc. VIEW 0 6. Approval of re-plat of Rockland Industrial Park, a portion of Government Lot 7, Section 21, Township 67 South, Range 26 East Rockland Key Florida. VIEW XThe Green Initiative Task Force (GITF) requests approval to apply for a grant from the Federal Government that requires no matching funds. Known as the Solar American Cities-Technical Outreach, it offers $10.5M total funding and is designated for energy efficiency and renewable energy information dissemination, outreach, training and technical analysis. In order to apply the GITF will need assistance of County staff to assist in writing the grant. VIEW 6 8. Approval and ratification of members to the Green Initiative Task Force (GITF) for a one-year term, the appointments are for District 2 David Tuttle, District 3 Jedde Regante and Donna Windle, District 4 Steven Grasley and Jeffrey Pinkus, and District 5 Joel Reed and John Hammerstrom. All of the appointments are being renewed for an additional one-year term beginning September 29, 2009 and expiring on September 28, 2010. VIEW Approval of the currently utilized "H" mitigation credit/debit , process for public and private development located on Big Pine Key and No Name Key with direction to Growth Management to pursue Regulatory Conservation as a mitigation strategy using a mitigation ordinance as a secondary approach. VIEW Discussion and approval for the Affordable Housing Advisory Committee (AHAC) to meet four times per year. VIEW (1)11. Approval of an amendment to the 2006 Agreement with DRC, LLC extending the Agreement for one additional year, through September 19, 2010. VIEW V/ G. GROWTH MANAGEMENT—CONTINUED S2. Approval of the Code Enforcement Action Plan which includes itp)2 j fijLid altering the job description of a current employee and the creation of two (2) one (1) FTE positions within the Code Enforcement Department. alVIEW !8"iJ LALpCrotvoalFloafgerV ge fLrrii. Overseas iRpe,dfeovr etlhoaptm peonrtt iCoonm opfa ny lease that is post-development. VIEW H. OSED SESSION 1:30 P.M. . An Attorney-Client Closed Session of the Board of County Commissioners in the matter of Tropex Construction Service, Inc. vs. Monroe County, CA P 06-44. VIEW 1:45 P.M 2. An Attorney-Client Closed Session of the Board of County Commissioners in the matter of Donald Barton v. Monroe County, CA K 09-917. VIEW 2:00 P.M. I. WASTEWATER ISSUES Wastewater status report. VIEW i Approval to execute the Florida Department of Environmental Protection (FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602090 in the amount of $20,134,400 to fund the construction of the Big Coppitt Wastewater Treatment Plant and Geiger/Rockland Key collection systems. VIEW J MONROE COUNTY HOUSING AUTHORITY ;� 1. Approval of a resolution of the Board of County Commissioners of Monroe County, Florida approving an amendment to the 2008/2009/2010 Local Housing Assistance Plan as required by the State Housing Initiatives Partnership (SHIP) Program, authorizing the adoption of the "Florida Homebuyer Opportunity Program" (FHOP) strategy and the submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation. VIEW 7 K. jOMMISSIONERS' ITEMS 1. /'MAYOR NEUGENT - Discussion with staff and Board of County Commission regarding the use of the "Old Stiglitz House" on South Street near Watson Park on Big Pine Key for the Boys A and Girls Club after school and summer programs. VIEW MAYOR NEUGENT - Approval to appoint Sylvia Murphy, '�• 1,11 Mayor Pro Tern to the Tourist p Develo ment Council as the Mayor's representative to the Board of County Commissioners. VIEW 1 MAYOR NEUGENT - Discussion with the Board of County Commission on whether to provide subsidy funding for CAPE Air to offer Commercial Air Service into Marathon Airport. VIEW 4 MAYOR NEUGENT - Discussion on moving forward on legislation and providing direction to the County Attorney to (151(1 negotiate a contract with Grey Robinson Law Firm for purposes of lobbying the Florida State Legislation to support a Bill entitled Area of Critical State Concern Wastewater and Stormwater Assistance Program. VIEW 5. COMMISSIONER DIGENNARO - Approval to reappoint Jim Cameron to Planning Commission as the District 4 representative. \/ VIEW COMMISSIONER DIGENNARO - Recommendation of support to provide additional land on Scout Key to be placed under conservation easement to satisfy the requirement for off-site mitigation for Camp Sawyer. VIEW 1,_ t_slisa.01 COMMISSIONER CARRUTHERS - Approval of contract with Timothy Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson & Galloway, P.A. for legal services related to wind storm insurance coverage and rates. VIEW A COMMISSIONER CARRUTHERS - Motion for renewal of the motion to approve the contract with AIS Risk Consultants for actuarial services related to wind storm insurance coverage and rates. VIEW COMMISSIONER DIGENNARO - Discussion to waive or reduce permitting fees for North Key Largo Utilities Corp project 0 / ajo}' to upgrade the existing wastewater treatment facility to meet the 7,. °7) 2010 standards, and possible direction to staff to draft a resolution amending the fees as approved by the Board. VIEW - 1 . COMMISSIONER DIGENNARO - Approval of ILA with the jr:j. City of Marathon to assist the City of Marathon with training of flidj City code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it. VIEW 8 L. OUNTY CLERK Report 2. Official approval of the Board of County Commissioners minutes from the Regular meeting of June 17, 2009 (previously distributed) 3. Approval of Warrants. VIEW 4. Approval to remove surplus equipment from inventory via disposal or advertise for bid. VIEW 5. Approval of Tourist Development Council Expenditures for the month of July, 2009. VIEW 6. Consideration to rescind Agenda Item K7 from the April 19, 2006 BOCC meeting; a Letter of Understanding with the Florida Department of Community Affairs recognizing the number of affordable dwelling unit allocations available for use in Agreement with developers. VIEW ( 7. Consideration to approve the corrective warrants list for the period of October, 2008 through June, 2009. VIEW M. C TY ADMINISTRATOR . Report. VIEW . Approval or rejection of the proposal to lease the property formerly mil... known as the Hickory House parcel and fixtures for the sum of one dollar a year for thirty years with ideas for improvements. VIEW Approval of the reappointment of Mr. Lou Hernandez to the Tourist Development Council representing the position of elected municipal official. VIEW 64. Approval of Lease Agreement with Monroe County Health Department to provide office space at the Gato Building, 1100 Simonton Street, Key West, Florida. VIEW 5. Approval of Lease Agreement with Monroe County Health Department to provide office space at the Murray E. Nelson Government and Cultural Center, Key Largo, Florida. VIEW N. UNTY ATTORNEY 1.62. Approval of a) Addendum VII to Grant Contract to transfer four (4) County-owned parcels located within the City of Marathon to the City of Marathon and b) approval for the Mayor to execute the correlating Quit Claim Deed approved by the Florida Communities Trust, upon receipt of the executed Addendum VII to Grant Contract from the City of Marathon. VIEW 0. Approval of a Professional Services Contract with Thomas D. Wright to serve as legal counsel for the Contractors Examining Board. VIEW 9 r N. COUNTY ATTORNEY - CONTINUED 0.. Approval of a Consent to Assignment from Tew Cardenas, LLP to Cardenas Partners, LLC of original agreement dated February 27, 2009, and all subsequent amendments, for provision of lobbying services pursuant to notification received that the Washington office of Tew Cardenas, LLP has bifurcated from the Miami office and is now its own separate entity known as Cardenas Partners, LLC effective July 1, 2009. VIEW 0 fi. `i. . Approval of Resolution to extend the default date for the SHIP mortgage issued to Woods Corner to December 31, 2009. VIEW P. Approval of payment of$43,152.46 to Ferencik, Libanoff, Brandt, Bustamante & Williams, P.A. for legal services provided on behalf of Monroe County in the matter of Monroe County v. Bender & Associates, etc/D.L. Porter Constructors, Inc. vs. Bliss-Cashier Metal Products, Inc., Case No. 03-CA-915-K. VIEW P. Approval for Assistant County Attorney Granger to voluntarily dismiss without prejudice the County's foreclosure actions entitled Board of County Commissioners of Monroe County, Florida v. Tony Welters and Virginia Welters, Case No. 03-CA-1505-K and Board of County Commissioners of Monroe County, Florida v. Louis Welters, et. al., Case No. 04-CA-639-K but allowing the Code Enforcement lien to remain filed and imposed during its re lar meeting scheduled for August 19, 2009 in Key Largo. IEW 8 Request approval to advertise a public hearing for an Ordinance z prohibiting lobbying of County officials and employees from the time a solicitation is advertised until the award of contract, and adding to the bases for debarment the violation of the lobbying prohibition. VIEW 6 9. Approval to advertise a public hearing for an ordinance amending Section 23-85 of the Monroe County Code. VIEW 10 ' Crrb0Piv - S,31)±6 3:00 P.M. O. TdiLIC HEARINGS A public hearing for an ordinance deleting Sections 23-82, 23- 83, 23-85(e), 23-88, 23-93 of the Monroe County Code and amending Sections 23-102 and 23-111(a)(3) of Ow Mo oe ,, ''`�" , County Code. VIEW t'`/� A Public hearing to consider adoption of an Ordinance 2. e amending Monroe County Code, Section 10-25 to increase the surcharge in traffic cases from$15 to $30. VIEW 10 3:00 P.M. O. UBLIC HEARINGS 3. A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending Section 102-20 of the Monroe County Code concerning the appointments and terms of members of the Planning Commission and vacancies thereon; deleting removal for cause except as specifically set forth; deleting the requirement for special meetings; removing the for time certain public hearings \s' and adding a military representative as an ex officio member. VIEW A public hearing to consider an ordinance amending Chapter 142 Signs in the Land Development Code, specifically by amending Section 142-3 regarding vehicle and A-frame signs; by amending Section 142-4 regarding off premises signs; by f amending section 142-5 regarding electronic signs; and by creating Section 142-8 for special identification signs; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Secretary of State and Department of Community Affairs; providing for C1C91' codification; providing for an effective date. 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, August 14, 2009. 11 AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, AUGUST 19, 2009 TIMES APPROXIMATE 400 A.M. Board of County Commissioners Regular Meeting 15 A.M. F 1/F3 —Land Authourity It30 :00 P.M. Lunch Break P.M. H1 —Closed Session 1: 5 P.M. H2 —Closed Session :00 P.M. i l/i2—Wastewater 2. ('S. k Si 3:00 P.M. 01/04—Public Hearings itsLc "-e ID ci-n-alg- .k-t-Y a cl vc C, • - Ail/Ka/? Page * Page 7 Page 8 Page 8 G12 G13 K4 KI0 GROWTH MANAGEMENT - (Revised wording & backup) - Approval of the Code Enforcement Action Plan which includes altering the job description of a current employee and the creation of "va (2) one (1) FTE positions within the Code Enforcement Department. GROWTH MANAGEMENT - (Revised Backup) - Approval of a sublease from Overseas Redevelopment Company, LLC to Flagler Village Ltd. Partnership, for that portion of the lease that is post- development. MAYOR NEUGENT - (Backup is revised) - Discussion on moving forward on legislation and providing direction to the County Attorney to negotiate a contract with Grey Robinson Law Firm for purposes of lobbying the Florida State Legislation to support a Bill entitled Area of Critical State Concern Wastewater and Stormwater Assistance Program. COMMISSIONER DIGENNARO - (Revised Backup) - Approval of ILA with the City of Marathon to assist the City of Marathon with training of City code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it. 2 ~:oo A.M. 115 A.M. Jf:OO P.M. J(30 P.M. .J1j5 P.M. ~OP.M. fi~rs 3:00 P.M. 1'.LtS; AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, AUGUST 19, 2009 TIMES APPROXIMATE Board of County Commissioners Regular Meeting F 1/F3 - Land Authourity Lunch Break H 1 - Closed Session H2 - Closed Session i1/i2 - Wastevvater kq 01/04 - Public Hearings ~. ~ M-~i}.o~h Q ~ J;J:L"C~cw~) .f~' ~~~l Of'-~ ~ If> do'. -- ---- ) w. -l f~ ~. ~'-