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12/12/2012 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 are a 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 bold. Wednesday, December 12, 2012 Marathon Government Center 2798 Overseas Highway, MM 47.5 (Gulf) Marathon, 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 5:00 P.M. - Public Hearings TIME APPROXIMATE REGULAR MEETING 9:00 A.M. CALL TO ORDER INVOCATION No/ SALUTE TO FLAG ' A. ADDITIONS, CORRECTIONS, DELETIONS PRESENTATION OF AWARDS Mayors Proclamation declaring December 21, 2012 as National Homeless Persons' Day in Monroe County. VIEW C. BULK APPROVALS — COMMISSIONER MURPHY 1. Approval of Agreement with Statewide Guardian Ad Litem Office for Reimbursement of Case Coordinator Services to provide funding for Case Coordinator position, for time period July 1, 2012 through June 30, 2013 (State FY 2013). VIEW 2. Approval of Agreement with Statewide Guardian Ad Litem Office 9 4 to provide funding to pay for salary and benefits for a Senior Administrative Assistant position. VIEW 3. Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. VIEW 4. Authorization for the Mayor to execute the Certificate of Acceptance of Sub -grant Award for Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill Adults with Criminal and Substance Abuse Histories Program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2012 through September 30, 2013. VIEW $. Authorization for the Mayor to execute a Memorandum of Understanding with Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill Adults with Criminal and Substance Abuse Histories Program, for the period from Oct 1, 2012 through Sept 30, 2013. VIEW 6. Authorization for the Mayor to execute the Certificate of Acceptance of Sub -grant Award for the Samuel's House Court- Mandated Services and Substance Abuse Case Management and Drug Testing Program using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2012 through September 30, 2013. VIEW 7. Authorization for the Mayor to execute a Memorandum of Understanding with Samuel's House Court Mandated Services and Substance Abuse Case Management and Drug Testing Program, for the period from Oct 1, 2012 through Sept 30, 2013. VIEW 8.. Authorization for the Mayor to execute the Certificate of T ' Acceptance of Sub -grant Award for the Guidance /Care Center Male Jail In -House Program (Traditionally funded by RSAT), using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2012 through September 30, 2013. VIEW C. BUL APPROVALS — CONTINUED Authorization for the Mayor to execute a Memorandum of Understanding with Guidance /Care Center Male Jail In -House Program (Traditionally funded by RSAT), for the period from Oct 1, 2012 through Sept 30, 2013. VIEW X10. Request to issue a competitive solicitation (RFS) for review and evaluation of EMS ground and air rescue transport billing and collections. VIEW 11. Approval of Modification #1 to delete original Attachment C (Program Conditions) and incorporate revised Attachment C to Emergency Management Performance Grant FY 12 Federally Funded Subgrant Agreement 13- FG- 86- 11 -54 -01 -111 in the amount of $65,152.00, fully grant funded and no county match, and authorization for the County Administrator to execute any other required documentation in relation to the application process. VIEW Approval to amend the employment agreement of Carol Schreck as Ex/ent. Assistant to Commissioner Heather Carruthers, and auton for County Administrator to execute the amended agr VIEW 13. Approval of Amendment 3 to the Joint Participation Agreement f (JPA) with Florida Department of Transportation (FDOT) for the Tom's Harbor Channel Bridge Project to extend the term of the JPA to expire on November 30, 2013. VIEW 14. Approval of Amendment 1 to the Task Order with AMEC Environment & Infrastructure, Inc. (Amec) for Construction Engineering and Inspection Services for the Tom's Harbor Channel Bridge Project to extend the completion date. VIEW 15. Approval of amendment one to the task order with EAC Consulting, Inc. for design and permitting services for the CR 905 bike lane project to add additional geotechnical engineering services to the scope of services. The additional services result in a fee increase of $13,876.80. VIEW Approval of a contract with MBI/K2M Architecture, Inc for the _s Development of Monroe County Space Planning/Facilities Assessment Report. VIEW 47. Approval of a First Amendment to Agreement with Pedro Falcon Electrical Contractor's, Inc. for the Americans with Disabilities (ADA) Compliance, Segment #3. VIEW 18. Approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. VIEW 13 3 C. BULK APPROVALS — CONTINUED 19. Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida authorizing the transfer certain eligible activities presently under 2008 CDGB Disaster Recovery awards to the SmallCities 2010 CDBG award, to create and fund a new SHIP strategy for sewer connections as a contingency in the event that demand for funding exceeds CDBG funding available and to encumber Monroe County SHIP funds for this purpose. The resolution allows staff to prepare documents requesting transfer of eligible activities, and providing for an effective date. VIEW 20. Request approval to apply for a Florida Department of Transportation (FDOT) Section 5310 Grant for the purpose of purchasing vehicles to serve the transportation needs of the elderly and persons with disability in Monroe County. VIEW 21. Request approval to advertise a public hearing for the 1/16/2013 Board of County Commissioners meeting to be held in Key West. The public hearing is to satisfy public input grant application requirements and to consider approval of a resolution authorizing the signing and submission for a Florida Department of Transportation (FDOT) Section 5310 Capital Assistance Grant for the purpose of purchasing a para- transit vehicle (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County and acceptance of any subsequent grant awards. VIEW 22. Approval to extend existing contract with Hospice of the Florida Keys, Inc. d/b /a Visiting Nurse Association to provide direct care services (Chore, Homemaking, Personal Care and Respite). VIEW 23. Request approval of the 2013 Vendor Agreement between Monroe County Social Services and Newtrition Concepts, Inc. VIEW 24. Approval of Amendment 001 to the Community Living Program (CLP) Contract CLP -1229 between the Alliance for Aging, Inc. r (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services /In -Home Services) for fiscal period 1/1/12 to 12/31/12. VIEW 25. Approval of Amendment #005 to the Older Americans Act (OAA) Contract AA -1229 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In Home Services) for the current contract period of 1/1/12 to 12/31/12. VIEW 26. Approval of Amendment #006 to the Older Americans Act (OAA) Contract AA -1229 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services /In Home Services) for the current contract period of 1/1/12 to 12/31/12. VIEW 4 41 U TOURIST DEVELOPMENT COUNCIL 1. Approval of an Amendment to Agreement with Saltwater Fishing Connection LLC to revise name of the Jim Bokor Islamorada All Tackle Bonefish Tournament to the Jim Bokor Islamorada All Tackle Bonefish and Redfish Shootout. VIEW 2. Approval of an Amendment to Agreement with The Key West Harry S Truman Foundation, Inc. to extend termination date to December 31, 2012 to allow for submission of invoices for work completed prior to the original termination date of September 30, 2012. VIEW 3. Approval of an Amendment to Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament to extend termination date for submission of invoices to January 31, 2013. VIEW 4. Approval of an Amendment to Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Dolphin Tournament to change date of event from June, 2013 to May, 2013. VIEW 5 Announcement of one vacant position on the Tourist Development Council District V Advisory Committee for one "At Large" appointment. VIEW b. Approval of one "At Large" appointment to the Tourist Development Council District III Advisory Committee. VIEW E. TAFF REPORTS I. AIRPORTS 7 BUDGET & FINANCE X. EMERGENCY SERVICES yI: EMPLOYEE SERVICES fl PROJECT MANAGEMENT '. GROWTH MANAGEMENT PUBLIC WORKS INFORMATION TECHNOLOGY ADJOURNMENT 9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD 1. Selection of the Chairman and Vice Chairman of the Governing Board. VIEW 2. Approval of a resolution electing the Chairman and Vice Chairman of the Governing Board. VIEW 3. Approval of a resolution regarding the execution of all legal papers on behalf of the Land Authority. VIEW 4. Approval of the minutes for the November 20, 2012 meeting. VIEW 9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD - CONTINUED 5. Approval of contracts to purchase property for conservation. a) Black 19, Lot 1, Twin Lakes, Key Largo. VIEW b) Block 19, Lot 2, Twin Lakes, Key Largo. VIEW c) Block 19, Lot 3, Twin Lakes, Key Largo. VIEW d) Block 10, Lots 3, 4, 11, 19, 20, and 21, Thompsons, Key Largo. VIEW e) Block 18, Lot 6, Eden Pines Colony, Big Pine Key. VIEW f) Block 6, Lot 3, Eden Pines Colony First Addition, Big Pine Key. VIEW g) Block 8, Lot 4, Eden Pines Colony First Addition, Big Pine Key. VIEW h) Block 27, Lot 9, Eden Pines Colony Third Addition, Big Pine Key. VIEW i) Sugarloaf Key Acreage RE #00117510- 000500 and 00118090 - 000100. VIEW ADJOURNMENT 9:30 A.M. G. FIRE &.,AMBULANCE DISTRICT 1 BOARD OF GOVERNORS 1. Report Request to issue a competitive solicitation (RFS) for review and evaluation of EMS ground and air rescue transport billing and collections. VIEW ADJOURNMENT 11:00 A.M. H. ENGINEERING y Presentation of the Florida Department of Transportation (FDOT) Tentative Five Year Work Program for Fiscal years 2013 -2014 rte through 2017 -2018. VIEW I. CL6SED SESSIONS 1:30 P.M. 1. A Attorney - Client Closed Session in the matter of, Monroe County Board of County Commissioners vs. Gonzalez Architects, et al Case No. 07- CA- 1428K. VIEW 1:45 P.M. 2. A Attorney - Client Closed Session in the matter of The Morganti Group, Inc. v. Monroe County, Case No.: 2011 -CA- 892-K. VIEW 1 6 y yv I. CLOSED SESSIONS - CONTINUED 2:00 P.M. 3. A Attorney - Client Closed Session in the matter of, Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No.: CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al., Case No.: 3D12 -333, Lower Tribunal Case No.: CA -K -11 -342; Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No.: 120054 -EM; An Administrative Appeal by James D. Newton re: Property at 2047 Bahia Shores Road, No Name Key, Planning Dept. File No.: 2012 -096. VIEW J. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS 1. Approval of a resolution adopting changes to the Local Housing Assistance Plan Incentive Strategies required in order to receive State Housing Initiatives Partnership (SHIP) funds. VIEW 2. Approval of substitution of Pumpout USA, Inc. for National Marine Waste Foundation, Inc. as the provider of services in the Agreement for Keys -Wide Mobile Vessel Pumpout Service, approval of the Agreement with Pumpout USA, Inc. for Keys - Wide Mobile Vessel Pumpout Service, and approval that there be no new RFP issued at this time. VIEW K. DIVISION OF GROWTH MANAGEMENT 2:30 P.M. 1 ` Discussion regarding the Key Largo Wastewater Treatment District CR -905 improvement project relative to the Coastal Barrier Resources System (CBRS) Unit #FL -35. VIEW 11:15 A.M. 2. Presentation, discussion and direction regarding the results of the 2012 US 1 Arterial Travel Time and Delay Study and authorization for the Mayor to send a letter to FDOT with the BOCC recommendations. VIEW L. MONROE COUNTY SHERIFF DEPARTMENT 1. Approval of a request for expenditure from the Law Enforcement Trust Fund. VIEW M. COMMISSIONERS' ITEMS 1. COMMISSIONER CARRUTHERS - Approval to reappoint Ken Naylor (affordable housing for - profit developer) to the Monroe County Affordable Housing Committee in that the expiration of the appointment coincides with the appointing Commissioner's term. VIEW 7 M. COMMISSIONERS' ITEMS - CONTINUED 2. COMMISSIONER MURPHY - Appointment of Ron Miller to the Monroe County Planning Commission, term to expire between November, 2016 and February 2017. VIEW 3. COMMISSIONER MURPHY - Reappointment of Bill Loewy to the Monroe County Shared Asset Forfeiture Committee, term to expire on 12/12/2014. VIEW 4. COMMISSIONER RICE - Approval to reappoint RaiEtte Avael to the Human Services Advisory Board for a full two -year term 'through December 12, 2014. VIEW 5. MAYOR NEUGENT - Discussion requesting favorable consideration to waive and exempt the Pigeon Key Foundation J from having to carry the high cost of Wind, Flood and Fire ���' Insurance premiums on buildings the county owns. VIEW N. COUNTY CLERK 1. Report 2. Official approval of the Board of County Commissioners minutes from the October 17, 2012 Regular Meeting (previously distributed). 3. Approval of Warrants. VIEW r.: 4. Approval of Tourist Development Council expenditures for the month of November, 2012. VIEW 5. Approval to remove surplus equipment from inventory via disposal or advertise for bid. VIEW O. CO TY ADMINISTRATOR • Report VIEW '� Discussion and approval of the 2013 appointments of Commissioners to various duties. VIEW 10:00 A.M. 3 °` Presentation update on the Oil Spill Commission/RESTORE Act by Peggy Mathews of MW Consulting. VIEW 9:45 A.M. 4 Update on the 4th Annual Florida Keys Day to be held April 23, 2013 in Tallahassee, FL - State Representative Holly Merrill - Raschein. VIEW {, 5. Approval of the reappointment of Bert Bender in the category of Professional to the Historic Preservation Committee for a three year term. VIEW 11:30 A.M. , Presentation of the Pigeon Key Foundation's Annual Report. . VIEW 7. Discussion and status update regarding the County Administrator's Response to the Audit Report for iPhones /iPads. VIEW 8 w= a O. COUNTY ADMINISTRATOR - CONTINUED rj 8. Approval of Agreement with William J. Peebles, P.A., for professional consulting services involving resources and ecosystems sustainability, tourist opportunities, revived economies �v under the Gulf Coast State Act of 1012 (RESTORE Act), issues -{ regarding wastewater funding, and other issues as assigned by the County Administrator, including lobbying, for a three -year term ending December 31, 2015. VIEW P. COUNTY ATTORNEY ' Report 2, Approval for County Administrator to sign collective bargaining eement with IAFF Local 3909, Units One and Two, including *' -rm-- a reed to b the p arties and disputed impasse issues resolved 4 3:00 P.M. 3 g Y the BOCC. VIEW Consideration of settlement proposals in Monroe County v. Utility Board of the City of Key West, dba Keys Energy Services, Case No.: CA -K -12 -549; Roemmele- Putney, et al. v. Monroe County, et al., Case No.: 31312 -333, Lower Tribunal Case No.: CA -K -11- 342; Reynolds v. Utility Bd. of the City of KW, dba Keys Energy Services, PSC Docket No.: 120054 -EM; An Administrative Appeal by James D. Newton re: Property at 2047 Bahia Shores Road, No Name Key, Planning Dept. File No.: 2012 -096. VIEW Q. PUBLIC HEARINGS 1. A public hearing to consider adoption of an ordinance ,amending Monroe County Code Section 26 -1, to reinsert the definition for "Commercial Lobster Season" that was inadvertently omitted upon adoption of Ordinance 002 -2011 on 1/19/2011; amending Section 26 -96 adding language to provide for enforcement of this section in incorporated and unincorporated Monroe County to the extent that no conflict exist with a municipal ordinance; and deleting Section 26 -98(c) to remove the sunset date of 8/31/2012 to continue the prohibition against diving or snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or commercial shoreline beginning three (3) days prior to the opening of and during the entirety of the lobster mini - season and for the first five (5) days of commercial lobster season. VIEW 3:00 P.M. Q. PUBLIC HEARINGS - CONTINUED 2. A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on Lots 21 & 22, Block 1, Doctors Arm, Big Pine, Real Estate Number 00310220.0000000. Applicants requested relief in the form of returning flood zone points or an allocation award. VIEW 3. A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on NLY 51.5 FT of Lot 26 and all Lot 27, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310280.0000000. k Applicants requested relief in the form of returning flood zone points or an allocation award. VIEW 4. A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on NLY 24 Ft of Lot 24, all Lot 25 and SLY 17 Ft Lot 26, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310260.0000000. Applicants requested relief in the form of 'returning flood zone points or an allocation award. VIEW 5. A public hearing to consider a request for Administrative Relief for John W. & Glenda Akins and John K. Akins R/S on Lot 23 and SLY 26 Ft Lot 24, Block 1, Doctors Arm, Big Pine Key, Real Estate Number 00310240.0000000. Applicants requested relief in the form of returning flood zone points or au'aallocation award. VIEW 6. A public hearing to consider a request for Administrative Relief for Angela R. Wittke on Lot 4, Block 7, Ramrod Shores Marina Sec., Ramrod, Real Estate Number 00210811.009500. VIEW 5:01 P.M. R. PUBLIC HEARINGS 1. . A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Tier Overlay District (zoning) Map designation for property owned by Seacamp, having Real Estate Numbers 00112030 - 000000, 00246950- 000000 00246960- 0000001 00246970- 000000 00246980- 000000 00246990- 0000001 00247140 - 000000 00247150- 000000 00247160 - 000000 00247170 - 000000, and 00247180 - 000000 from undesignated and Tier I to Tier III (2nd of 2 public hearings). VIEW O AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Wednesday, December 12, 2012 TIMES APPROXIMATE 9:00 A4 M. Board of County Commissioners Regular Meeting 9:15 A.M. F 1 -F5: Land Authority 9:30 A.M. G1 -G2: Board of Governors 1. +lit 9:45 A.M.' 04: County Administrator (State Rep. Holly Raschein - FL Keys Day) 10:00 AEI. 03 County Administrator (Peggy Mathews — Oil Spill Commission) 444 . 11:00 A.M. H . Enngineering (FDOT Presentation on the 5 Year Work Plan) 11:15 A.M. Growth Management (Arterial Travel Time & Delay Stydy) 11:30 A.M. ..j6: County Adminstrator (Pigeon Key Annual Report) M 12:00 P.M. ;unch Break 1:30 P.M. I Closed Session — 1:45 P.M. I Closed Session — 2:00 P.M. l = Closed Session � � Q 2:30 P.M. Growth Management (KLWTD Cr -905 Improvement) 3:00 P.M. IPl- Q5:Public Hearings 5:00 P.M. R1:Public Hearings