01/19/2011 AgendaREVISED 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.
ADA ASSISTANCE: If you area person with a disability who needs special accommodations
in order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292 -4441, between the hours of 8:30 a. m. - 5.00 p. m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
Please note that all time approximate items are listed in hold.
Wednesday, January 19, 2011
The Harvey Government Center
at Historic Truman School
1200 Truman Avenue
Key West, Florida
9:OOA.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
5:01 P.M. - Public Hearings
TIME APPROXIMATE REGULAR MEETING
9:00 A.M. CALL TO ORDER
INVOCATION
SALUTE TO FLAG
ADDITIONS, CORRECTIONS, DELETIONS
B. P RESENTATION OF AWARDS
1. Presentation of Years of Service Award for 25 years of service to
Tom Hambright, Librarian, Local History, Key West Library.
VIEW
2. Presentation of Employee Service Award for November, 2010 to
Louise Basham, Insurance Specialist, Employee Services Division,
Employee Benefits, Key West. VIEW
3. Presentation of Mayor's Proclamation declaring January 2011 as
Sculpture Key West month. VIEW
Presentation of Mayor's Proclamation declaring February 5, 2011
as Key West International Airport Appreciation Day. VIEW
C. p &K APPROVALS — COMMISSIONER WIGINGTON
Approval of Resolution amending Resolution No. 007 -2009 in
order to provide for a Cremation Approval Fee charged by the
I/ District 16 Medical Examiner. VIEW
Approval of a Resolution by the Monroe County Board of County
Commissioners establishing a Climate Change Advisory
Committee to make recommendations regarding climate change
mitigation and adaptation strategies. A sunset date of October 1,
/ 2013 is established. VIEW
Approval of a Workers' Compensation settlement in the amount of
one hundred forty five thousand, $145,000 (inclusive of attorney
fees and costs) for file #27100700 -MP. VIEW
V/ Approval of Amendment #3 to the Monroe County Group Health
Plan. In light of the adoption of the Patient Protection and
Affordable Care Act C PPACA ") the Plan must be amended in
certain particulars. VIEW
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW
.,6 Approval of Business Associate Agreement with Advanced Data
Processing Inc. DBA ADPI- Intermedix Corporation consistent
with the standards set forth in regulations and administrative
guidance with respect to the Health Insurance Portability and
Accountability Act of 1996, Public Law 104 -191 (H1PAA),
including as amended by the Health Information Technology for
Economic and Clinical Health Act as set forth in Title XU Division
A and Title IV of Division B of the American Recovery and
Reinvestment Act of 2009 (HITECH Act). VIEW
C. 7 BK APPROVALS — CONTINUED
Approval of a Memorandum of Agreement with the City of Miami
dated July 8, 2010 concerning a United States Department of
Homeland Security's Office of Grants & Training (OG &T),
through the State of Florida Division of Emergency Management
(FDEM) sub -grant Agreement # IIDS- 32- 11 -23 -02 -233 in the
amount of $312,472.00 with no county match required; and
authorization for the County Administrator to execute any other
required documentation in relation to the application process.
VIEW
Approval of a Florida Division of Emergency Management
(FDEM) Federally- Funded Subgrant Agreement IIDS- 9Z- 11 -54-
01 in the amount of $8,500.00, no county match required; and
authorization for the County Administrator to execute any other
required documentation in relation to the application process.
VIEW
Approval of a Resolution adopting the 2010 Revised Local
Mitigation Strategy Final Draft, in order for Monroe County to be
eligible for, and to access, post- disaster and pre- disaster hazard
mitigation grants. VIEW
Approval of a Renewal Agreement by and between the Board of
County Commissioners of Monroe County, Florida and Emergency
Medical Sciences Academy, Inc. (EMS Academy) to provide an
/ emergency medical services (EMS) training environment. VIEW
of Approval to award bid and execute a contract with U. S. Water
Services Corporation for operation and maintenance of the
wastewater treatment plant at the Plantation Key Government
vv/ Center, Monroe County. VIEW
Approval for staff to apply for DAC 1 /TDC capital project funding
to expand the African Memorial Cemetery at Higgs Beach. VIEW
Approval for staff to apply for DAC 1 /TDC capital project funding
for Phase I Playground and Equipment on the beachside of Higgs
Beach and approval to advertise the project contingent upon
DAC1 /TDC approval. VIEW
X Approval to amend and exercise the second and final option to
renew the contract with Master Mechanical Services, Inc. for
central air conditioning maintenance and repair for Upper Keys
facilities. VIEW
4 Approval of Task Order PW -HDR -001 with HDR Engineering,
Inc. for providing Investment Grade Audits, design, contract
administration and reporting services to enable the County to
comply with Task 6 and all attachments of the Florida Energy and
Climate Commission Grant Agreement No. ARS010. VIEW
LV Approval of contract with Gardens of Eden of the Florida Keys,
Inc. for landscaping services at the Key West International Airport.
VIEW
3
C.
APPROVALS - CONTINUED
B� kK
Approval of USA Parking System, Inc. budget for parking lot
management for the Key West International Airport, for the period
December 1, 2010 through November 30, 2011. VIEW
18.
A l-W allow Kennedy Seaport Gallery to display Local
fists' works in the Key West International Airport Terminal for
sale on a commission basis. VIEW
L/
Approval of a change order from Quality Enterprises USA, Inc. for
removal of additional muck discovered during the construction of
the Runway Safety Area at Key West International Airport. VIEW
Approval to submit a response to a Request for Proposal (RFP) to
the Alliance for Aging, Inc. for the Community Care for the
Elderly (CCE), Home Care for the Elderly (HCE) and Alzheimer's
Disease Initiative (ADI) Grants for approx. $550,000.00. VIEW
V
Approval to issue a Request for Proposal (RFP) to provide direct
in -home services for the elderly and disabled as provided under
grants to Monroe County from the Alliance for Aging (e.g., CLP,
CCE, HCE, and ADI) and the Florida Department of Children and
Families (e.g. CCDA). VIEW
2
Request Approval of Vendor Agreement between Monroe County
Social Services and Newtrition Concepts, Inc. VIEW
123.
Request approval of Amendment to Agreement between the Board
of County Commissioners and GA Food Service, Inc. which
renews the Agreement for another year at a price of $3.41 per
meal. VIEW
4.
Approval to enter into a Master Agreement 1- FYZ6ES with AT &
T which provides the terms and conditions that govern goods and
services purchased by the Board of County Commissioners from
AT & T. VIEW
Approval to execute a Contract with Grader Mike, LLC, for the
Boca Chica Road Restoration project located in Boca Chica Key.
VIEW
Approval to execute a Local Agency Program (LAP) Agreement
with Florida Department of Transportation (FDOT) to provide
funding for engineering design, permitting and construction of
repairs to Bridge #904310 Old SR 940 Leg A on Big Pine Key.
VIEW
-21.
Approval of task order with ADA Engineering, Inc. for
engineering design and permitting services fQr the Tom's Harbor
Channel Bridge Repair project. The task order is being awarded
under the On Call Professional Engineering Services contract with
ADA Engineering, Inc. VIEW
4
C. B kK APPROVALS — CONTINUED
8. Approval to advertise a Request for Qualifications (RFQ) for
engineering design services for the Key Largo US 1 Bayside Trail
Projec 100 — MM �fb�tisulting
Approva o an agreemen Services with Edward
Dugger & Associates, P.A., for an Acoustic Study in the
Courtrooms at the Freeman Justice Center. VIEW
30. Approval of a contract with Bella Construction Of Key West, Inc.,
for the replacement of the Perimeter Fencing at the West Martello
F --"
S AFF REPORTS
1.
ADJOURNMEN
9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD
1. Approval of the minutes for the December 15, 2010 meeting.
VIEW
2. Approval to purchase Block 3, Lot 7, Ocean Park Village, Key
Largo for conservation. VIEW
Towers. VIEW
1. Approval of the receipt of monthly report on change orders
reviewed by the County Administrator's Office. VIEW
W !3
2. Approval of Amendment 1 with Government Services Group, Inc.
(GSG) for the Development and Administration of Non Ad-
valorem Assessment Program. VIEW
Approval to purchase 40 Lenovo personal computers and with 60
flat screen monitors per quotation # K96423 from Lenovo. VIEW
D.
j O ST DEVELOPMENT COUNCIL
Approval of an Amendment to Agreement with Marine Mammal
Conservancy, Inc. for the Marine Mammal Conservancy Phase I
project to extend termination of Agreement to January 31, 2011.
VIEW
Approval to advertise the FY 2012 Monroe County Tourist
Development Council Bricks and Mortar /Capital Projects Request
for Funding Application. VIEW
W,
AIRPORTS
2.
BUDGET & FINANCE
3.
EMERGENCY SERVICES
4.
EMPLOYE E SERVICES
PROJECT MANAGEMENT
GROWTH MANAGEMENT
7.
PUBLIC WORKS
8.
TECHNICAL SERVICES
W,
ADJOURNMENT
9:30 A.M. G. FfRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
1. Report
2. Approval of Business Associate Agreement with Advanced
Data Processing Inc. DBA ADPI- Intermediz Corporation
consistent with the standards set forth in regulations and
administrative guidance with respect to the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-
191 (HIPAA), including as amended by the Health Information
Technology for Economic and Clinical Health Act as set forth
in Title XH Division A and Title IV of Division B of the
American Recovery and Reinvestment Act of 2009 (HITECH
Act). VIEW
ADJOURNMENT
H. LOSED SESSION
1:30 P.M. An Attorney - Client Closed Session of the Board of County
Commissioners in the matter of Monroe County and Roman
Gastesi, Jr. v. Stand Up For Animals, Inc., Case No. CA K 10-
1050. VIEW
2:00 P.M. An Attorney - Client Closed Session in the matter of Key West
HMA, LLC v. Monroe County, CA K 09 -2158. VIEW
I. ROJECT MANAGEMENT
11:00 A.M. 1. Approval of the Higgs Beach Park Master Plan, including any
changes as directed by the BOCC, and approval to proceed to
/ 3 Phase H of the Plan. A presentation will be held by William P.
C Horn Architect, P.A., Architect of Record for the Master Plan
Redevelopment of Higgs Beach Park, VIEW
J. D ION OF GROWTH MANAGEMENT — BULK APPROVALS
1 Approval to negotiate a 5 -year continuing services contract with
URS Corporation Southern (URS), URS was the highest ranked
firm for RFQ -GMD- 278 -87- 2010- PUR/CV - Transportation
Planning Services for Monroe County, if unable to negotiate
successfully with URS, approval to negotiate with the next highest
ranked firm F.R. Aleman. VIEW
J. TVISION OF GROWTH MANAGEMENT — CONTINUED
V2 Approval of DEP Agreement No: MV022 between the Florida
Department of Environmental Protection (DEP) and Monroe
County (County) providing Clean Vessel Act Program (CVA
Program) funding in the amount of $60,000 for maintenance
/ repair, and sewage hauling costs for the County pumpout vessel
t/ through September 7, 2012. VIEW
Approval of the selected contractor, Dot Palm Landscaping, Inc.,
and contract for the removal of invasive exotic plants from Monroe
County conservation lands. VIEW
/ 4. Approval of a resolution authorizing the Growth Management
Division Director to extend the period of expiration for
ROGO/NROGO allocations for a period of up to six months to
allow building permit revisions for onsite sewage treatment and
disposal systems consistent with Senate Bill 550 (Chapter 2010-
205 F.S.) or for sewer availability if service connections would be
made available to the subject property and authorizing the issuance
of building permits where central sewer service will be available
within six months. VIEW
5. Approval to ratify comments sent on proposed rules 28- 20.130 and
28- 20.140, Florida Administrative code being promulgated by the
Department of Community Affairs related to the Florida Keys
Area of Critical State Concern, by the administrator on January 10,
2011 or approval to revise and transmit revised comments under
Mayor signature. Rules are expected to be adopted by the
Governor and Cabinet May 17, 2011 and become effective July 1,
201 L VIEW
K. DIVISION OF GROWTH MANAGEMENT
D
iscussion and direction regarding the County Vessel Pumpout
t Program, including a description of pumpout facilities currently
available throughout the Keys and consideration of options for the
ture provision of mobile pumpout services to more effectively
provide for the needs of the boating public. VIEW
�. Approval of a resolution reserving 48 affordable ROGO Allocations
for Banyan Grove Development Corporation for property located at
5, Stock Island RE#00 124140. 000000. VIEW
Approval of a waiver of building permit fees for 48 affordable
housing units to be built at 5455 Mac Donald Avenue on Stock
Island (RE# 0012410 - 000000) by Banyan Grove Development
Corporation, owned by Spottswood Partner Inc., conditioned on use
of LIHTC funding or other state of federal funding. VIEW
7
K. DIVISION OF GROWTH MANAGEMENT - CONTINUED
2:30 P.M. 4. Presentation of the data and analysis contained within the
updated DRAFT Technical Document and Map Atlas to the
new planning period being analyzed (2010 -2030) for inclusion
into the Comprehensive Plan through the Evaluation and
Appraisal report. VIEW
10:00 A.M. L. WASTEWATER ISSUES
1. Discussion and direction for funding plans and assessment
planning for wastewater treatment services for the Cudjoe
/ Regional Wastewater Plant area. VIEW
3:30 P.M. SOUNDING BOARD
1. Request to speak to the Board of County Commissioners in
- regards to gift policy - David Horan. VIEW
N. COMMISSIONERS' ITEMS
j /
COMMISSIONER RICE - Approval to appoint William Wiatt to
the Planning Commission as the District 4 representative. VIEW
COMMISSIONER RICE - Approval to reappoint Brad Trout to
the Library Advisory Board as the District 4 representative. VIEW
COMMISSIONER WIGINGTON - Approval to appoint Mr.
William Hunter to the Marine and Port Advisory Committee.
/
�4.
VIEW
COMMISSIONER MURPHY - Reappointment of Bill Loewy to
the Monroe County Shared Asset Forfeiture Committee, term to
expire on 12/20/2012. VIEW
COMMISSIONER RICE - Approval of PlayGround
Entertainment, Inc. dba/ Bahamas Express, Charter Operator and
ADF Charter Corp dba/ AirStar, AirStar Executive Airways, Direct
Air Carrier to provide scheduled flight operations at the Florida
Keys Marathon Airport between Fort Lauderdale, Florida and
Marathon, Florida, to use counter, office space, passenger
departure and arrival areas in the terminal building, the commercial
ramp for arriving and departing aircraft and overnight parking of
company aircraft, and to have applicable standard rates and
charges waived for the aforementioned facilities use for a period of
one year from the date of commencement of service; contingent
upon compliance with Monroe County Administrative Instruction
2301.5, Commercial Airline Application Procedure for Monroe
County Airports, and review and approval by the County Attorney
and appropriate County staff. VIEW
8
O. COUNTY CLERK
1. Report
3/ Official approval of the Board of County Commissioners minutes
from the Regular Meeting of November 17, 2010 and Special
Meeting of November 12, 2010 previously distributed (previously
distributed)
�3. Approval of Warrants. VIEW
Approval to remove surplus equipment from inventory via disposal
or advertise for bids. VIEW
Approval of Tourist Development Council Expenditures for the
month of December, 2010. VIEW
P. YOUNTY ADMINISTRATOR
1. Report VIEW
Discussion of the Commissioners appointment to the 2011 Value
k//V Adjustment Board. VIEW
Approval of the Fourth Amendment to Agreement between
Monroe County and Cardenas Partners, LLC extending the term
for one (1) addition year. VIEW
Q. CO TY ATTORNEY
1. Report
10:30 A.M. Request by property owner, Shawn Renz, to reduce a one time fine
of $3900 ordered by the Code Compliance Special Magistrate in
Code Case #CE10040092 for irreparable & irreversible first time
violations of the County's vacation rental ordinances to $975 (25%
of one time fine). VIEW
3. Discussion of charter government and possible direction to staff
regarding steps, if any, to be taken. VIEW
Approval of settlement agreement in the matter of Key West HMA,
/ LLC v. Monroe County, CAK 09 -2158. VIEW
t�f Approval of Modifications to the Memorandum of Agreement with
Florida Department of Transportation (DOT), to remove certain
areas from the lease of lobster & crab trap storage areas, and to
revise the other areas; to clarify the effect of a fence installed by the
Office of Crreenways and Trails (DEP); and to clarify the need for
delineation of the areas in the new Exhibit A (Areas 5 & as
revised), and that motorized vehicles are not allowed on the
Heritage Trail. VIEW
Approval of an amendment to Memorandum of Agreement with
Organized Fishermen of Florida, Inc. (OFF), to remove certain
areas from the lease of lobster & crab trap storage areas, and to
revise the other areas & to institute a mechanism to force proper
maintenance of the areas. VIEW
9
Q. COUNTY ATTORNEY - CONTINUED
7. Approval of Agreement for Professional Services with CARR,
RIGGS, & INGRAM, LLC in connection with Monroe County and
Roman Gastesi vs. Stand Up for Animals, Inc., (Circuit Court Case
No. CAK- 10- 1050). VIEW
8. Approval to prepare and submit an Expression of Interest to the
Federal Highway Administration to set forth the County's interest
in pursuing an agreement whereby a toll could be placed on US 1
on Key Largo and a portion of the toll proceeds could be used for
wastewater and storm water. VIEW
Approval of an Interlocal Agreement between the Navy and
Monroe County to set forth the rights, responsibilities and
obligations of each party for the abandonment process for Towhee
Lane, Pelican Lane, Heron Drive, Flamingo Drive and Limkan
Lane, Boca Chica Ocean Shores subdivision, and regarding a public
utility easement and access easement. VIEW
Approval of Agreement for Expert Witness Services with Terramar
Environmental Services, Inc. in connection with regulatory takings
cases filed against Monroe County, including: Collins, et. al. v.
Monroe County v. State of Florida (Circuit Court Case No. CA -M-
04 -379); Lightner, et. al. v. Monroe County (Circuit Court Case No.
2007 -CA- 280 -k); and Lloyd A. Good v. Monroe County Circuit
Court Case No. CA -K -01- 977( "Litigation "). VIEW
r4- //. A d C - C-
3:00 P.M.
R P
X/B
LIC HEARINGS
A public hearing for an ordinance amending Section 18 -27 of
the County Code adding Watson Field on Big Pine Key to the
list of County parks. VIEW
2. A public hearing to consider an ordinance by the Board of
County Commissioners amending Chapter 26 of the Monroe
County Code (Waterways) to provide for renaming
"Combustion Vessel Exclusion Zones" to
"No Motor Zones" in order to eliminate boater confusion and
provide consistency with "No Motor Zones" established by the
Florida Keys National Marine Sanctuary. VIEW
10
3:00 P.M. R. P BLIC HEARINGS - CONTINUED
Public hearing to approve a Development Agreement and
related resolution between Banyan Grove Development
Corporation (Spottswood Partners, Inc.) and Monroe County
pursuant to Monroe County Code Section 130 -161.1 to build
48 units of deed - restricted affordable units and allow the
transfer of 48 market rate units and 14,219 Sq. Ft. of NROGO
within the Lower Keys Sub -area at approximately Mile
Marker 4.75 in Stock Island, which is legally described as
Square 29 and Block 26, Lots 5-16, Part of Lot 4, Part of Lot
17, Maloney Subdivision (PB1 -55), also known as parcels A
and B; a vacated portion of East Laurel Avenue; and a vacated
portion of Fourth Street RE #00124140.000000. VIEW
j A public hearing to consider an Ordinance by the BOCC
amending Monroe County Code Section 101 -1, Definitions, and
Section 130 -87, Maximum Height, to provide consistency
between regulations regarding height in the land development
code and policies regarding height in the comprehensive plan
and to provide consistency between the definitions of height
and grade in the land development code to clarify from where
measurements are to be taken. Staff is asking for this item to
be continued. VIEW
5:01 P.M. S. PUBLIC HEARINGS
1. Second of two required public hearings to consider an
Ordinance amending the Monroe County Code Section 130 -
92(a) to amend the permitted uses in the Recreational Vehicle
(RV) land use district to allow vacation rental uses of
nonconforming dwelling units and to clarify language regarding
employee housing, commercial apartments and accessory uses.
Staff is asking for this item to be continued. VIEW
11
061 a 0 1 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, JANUARY 19, 2010
�3ti ti�
J
' I G13
TIMES APPROXIMATE
9:00 A.M. Board of County Commissioners Regular Meeting
9:15 A.M. V F 1 /F2 — Land Authority
9:30 A.M. `/ G2 — Board of Governors
10:00 A.M. �/ L1 - Wastewater
10:30 A.M. V
11:00 A.M.
12:00 P.M. d
Q2 — County Attorney
I1 — Project Management
Lunch Break
H1 — Closed Session
H2 — Closed Session
K4 — Growth Management
Rl /R4 —Public Hearings
Ml — Sounding Board
V_ I- 4'0,+L1 M a, +-
S 1 — Public Hearings
1:30 P.M. W/
2 :00 P.M.
2:30 P.M.
3:00 P.M. 1/
3:30 P.M. V
5 :gyPM. ,
5:01 P.M. y/