12/17/2003 Agenda
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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, December 17,2003
Marathon Government Center
2798 Overseas Highway, MM 47.5 (Gulf)
Marathon, Florida
Regular Meeting
9:00 AM.
Land Authority
10:00 AM.
Fire & Ambulance District 1
Board of Governors
11:30 AM.
Public Hearings
3:00 P.M.
Public Hearings
5:01 P.M.
TIME APPROXIMATE
REGULAR MEETING
8:30 AM.
CALL TO ORDER
INVOCATION
SALUTE TO FLAG
CLOSED SESSION
Attorney-client closed session in accordance with F.S. See. 286.011(8), to discuss the
pending litigation matters of Karl Loose v. Monroe County and Monroe County v.
Post Buckley, Schuh & Jernigan
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ADDITIONS, CORRECTIONS, DELETIONS
P~TIONOFAWARDS
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BJJLK APPROVALS - COMMISSIONER MCCOY
// vI: Approval of Lease Amendment for the Conch Flyer, Inc. at the
-/ /\/ Key West International Airport
. ~. Approval to allow Florida Coastal Airlines a discount against rent
I( and landing fees at the Key West International Airport, of $1.70
per seat into and out of the Florida Keys Marathon Airport, as an
/ incentive to provide service at the Florida Keys Marathon Airport
v4. Approval for Gardens of Eden to continue landscape maintenance
L services at the Key West International Airport on a month to
month basis, pending a new Agreement
4. Approval of Resolution authorizing the Mayor to execute an EMS
County Grant Application and related Request for Grant
Distribution to the State of Florida Department of Health, Bureau
of Emergency Medical Services
Approval of Memorandum of Understanding between Naval Air
Station Key West and Monroe County regarding Mutual Fire and
Emergency Services Assistance Agreement and approval for Fire
/ Chief and Mayor to execute same
WI: Approval of Contract Amendment with Professional Emergency
Services, Inc. to extend the existing Agreement for two months,
January 2, 2004 through February 29, 2004, to allow parties
sufficient time to determine the details of future operations
Approval of the following: Master Lease Agreement with Leasing
2, Inc., a Florida Corporation in the principal amount of
$517,158.38 to purchase self contained breathing apparatus
(SCBA) and associated equipment and authorization for Mayor to
execute same; Resolution authorizing the execution and delivery of
a Master Lease Agreement, Equipment Schedule No. 01, and
Related Instruments, and determining other matters in connection
therewith and authorization for Mayor to execute same; for Clark
O. Martin, Jr., Fire Chief, to execute the Acceptance of Obligation
to Commence Rental Payments Under Payment Schedule each
time equipment is acquired under the Master Lease Agreement; to
issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole source
provider of MSA SCBA products for Monroe County, in the
amount of$517,158.38 for the purchase of self contained breathing
/ apparatus and associated equipment
. Approval ofOAA Contract #AA-429 (1/1/04 - 12/31/04) between
the Alliance for Aging, Inc. (Area Agency on Aging for Miami-
Dade and Monroe Counties) and Monroe County S.ocial Services
9:00 A.M.
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ByLK APPROVALS - CONTINUED
VI. Approval of a Memorandum of Understanding between the
following provider-Visiting Nurses Association and Monroe
/ County Social Services/In-Home Services Program
~ Approval of a Memorandum of Understanding between the
following provider-Caregivers of the Keys, Inc. and Monroe
/ County Social Services/In-Home Services Program
d Approval of Amendment to Agreement between G.A. Food
Service and Monroe County Bayshore Manor to renew Contract
/ for one additional year, January 1,2004 - December 31, 2004
d . Approval of Amendment to Agreement between G.A Food
Service and the Monroe County Nutrition Program to renew
Contract for one additional year January 1, 2004 - December 31,
2004
Approval to remove surplus equipment from inventory via removal
and disposal
Approval to award bid and issue a purchase order for $29,980.00
to Siemens Building Technologies, Inc. for "Fireworks Fire Alarm
System at Monroe County Detention Center"
Approval to renew Contract with G & K Services for the Division
of Public Works uniform services
Approval to renew the Interlocal Agreement with the City of
Marathon for the Use of the Meeting Room at the Marathon
Government Center, and the televising of Marathon Council
/ Meetings, until September 30, 2004
11. Approval to renew Residential Lease Agreement with Deputy
Maretta McNichol of the Monroe County Sheriffs Office to
continue residing in the modular home at Bernstein Park for an
amount of rent and utilities totaling $425.00 per month
Approval of Lease Agreement with Deputy Jason Madnick,
Monroe County Sheriffs Office, to reside at 12 of the duplex
located in the Key Largo Community Park, Key Largo
Receipt of monthly report on Change Orders reviewed by the
County Administrator
Approval of Contract Amendment with Harvard Jolly Clees Toppe
Architect, P.A. for Professional Services to redesign the Medical
Examiner's Facility
Approval to negotiate a Contract with R. 1. Heisenbottle,
Architects to provide Professional Services for Marathon
Courthouse Renovations
Approval to negotiate a Contract with R. 1. Heisenbottle,
Architects to provide Professional Services for Plantation Key
Courthouse Renovations/Addition
Approval of revised Monroe County Seven Year Roadway/Bicycle
Path Plan, December 2003
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C. JffiLK APPROVALS - CONTINUED .
/Z 244/ Approval of consent t.o subcontract dental services with Rural
Health Network of Monroe County, Inc.
25. Approval of Amendment to Contract with Florida Healthy Kids
1 Corporation, whereby Monroe County agrees to provide matching
funds in the amount of $41 ,403.00 for the period from July 1, 2003
through June 30, 2004
26. Approval to enter into contract negotiations with Public Financial
Management, Inc. (PFM) for financial advisor services and to
continue month-to-month status until new contract approved by
/ BOCC
~7. Approval of various resolutions for the transfer~f funds ~
/ resolutions for the receipt of unanticipated revenue( r~ 'II "'"
/78' Approval of Fiscal Year 2005 Budget Calendar including dates for
~ all public hearings
. Approval to reject proposals for the Health Benefit Plan Claims
Administration and Utilization Review Services and continue the
Contracts with Acordia National and Keys Physician Hospital ./'
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Alliance (KPHA) to provide Third Party Administration services
and case management as outlined in Contracts approved in
/ September, 2003
vAo. Approval to accept renewal proposal from Arthur 1. Gallagher &
I Company for Airport Public Officials Liability Insurance
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T9URIST DEVELOPMENT COUNCIL
vr Approval of an Amendment to Agreement with Key West Pops
Orchestra, Inc. to revise Exhibit A
Y Approval of an Extension to Agreement with Upper Keys
Community Pool d.b.a. Jacob's Aquatic Center for the
AudioNisual Equipment Project
Approval of an Amendment to extend the Agreement with Key
West Botanical Garden Society covering the ADA Compliant
Walkway project
Approval of an Amendment to extend the Interlocal Agreement
with the City of Key West for the Smathers Beach Groin Sand
Renourishment project
D.
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11:00 A.M.
STAFF REPORTS
1. COMMUNITY SERVICES
2. MANAGEMENT SERVICES
3. PUBLIC SAFETY
4. PUBLIC WORKS
5. FIRE RESCUE
6. AIRPORTS
7. GROWTH MANAGEMENT
F.
ISION OF PUBLIC WORKS
Presentation of the Florida Department of Transportation
(FDOT) Tentative Five-Year Work Program for Fiscal Year
2004 through 2008
ADJOURNMENT
11:30 A.M.
G.
~ & AMBULANCE DISTRICT 1
ARD OF GOVERNORS
Y. Report
2. Approval of the following: Master Lease Agreement with
Leasing 2, Inc., a Florida Corporation in the principal amount
of $517,158.38 to purchase self contained breathing apparatus
(SCBA) and associated equipment and authorization for
Mayor to execute same; Resolution authorizing the execution
and delivery of a Master Lease Agreement, Equipment
Schedule No. 01, and Related Instruments, and determining
other matters in connection therewith and authorization for
Mayor to execute same; for Clark O. Martin, Jr., Fire Chief, to
execute the Acceptance of Obligation to Commence Rental
Payments Under Payment Schedule each time equipment is
acquired under the Master Lease Agreement; to issue a
Purchase Order to Ten-8 Fire Equipment, Inc., sole source
provider of MSA SCBA products for Monroe County, in the
amount of $517,158.38 for the purchase of self contained
breathing apparatus and associated equipment
ADJOURNMENT
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ADJOURNMENT
10:00 A.M. H.
ADJOURNMENT
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LAND AUTHORITY
1. Board Organization
a) Selection of the Chainnan and Vice Chairman of the
Governing Board
b) Approval of resolutions designating the Chairman and Vice
Chairman and authorizing signatures on warrants, legal
documents and papers, and other instruments
2. Approval of minutes for the November 19, 2003 meeting
3. Approval to purchase property in Conservation and Natural
Areas
a) Tropic Island Ranchettes subdivision
b) Largo City subdivision/marketability of title waiver
4. Presentation on the proposed conversion of Tradewinds
Hammocks Phase n from rental to homeownership
5. Approval to add property to the Acquisition List as affordable
housing sites
a) Edmonds subdivision (64th St. Ocean) I Middle Keys
Community Land Trust
b) WetNet property I Village of Islam orad a
D!YISION OF GROWTH MANAGEMENT - BULK AFPROV ALS
tX" Approval for the transfer of two buildable lots from Charles
/' Robinson to Monroe County by Warranty Deed
L Approval for the transfer of one buildable lot from Warren E.
~ ~ Werling Jr. to Monroe County by Warranty Deed
V 3. Approval of Contract with Wallace Roberts and Todd LLC to
r\ ~I prepare a Harbor Preservation/Redevelopment Area and Corridor
\j{ ../ Enhancement Plan for Stock Island
\.,A. Approval of Resolution endorsing the evaluation criteria for
projects to be funded with Federal Transportation Enhancement
Funds recommend by the Florida Department of Transportation's
Technical Advisory Committee for the Florida Keys (FDOT-
TACK)
Approval of a Resolution authorization Code Enforcement
Inspectors, Tucker Phinney and John Housman, to issue citations
for disposition in County court
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5:30 P.M.
1:'30 P.M.
1:45 P.M.
1.
~ION OF GROWTH MANAGEMENT
vrvISJ Update on legal issues - Litigation Report
2. Approval of an Agreement for the Built-Out Hawk's Cay
Development of Regional hnpact between the Florida
I Department of Community Affairs, Monroe County, Hawk's
Cay Investors, Ltd., and Hawk's Cay Developers, Ltd.,
pursuant to Sections 380.032 and 380.06(15), Florida Statutes
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K. rS~EWATERISSUES
. Approval of a Resolution authorizing conveyance of the mile
marker 100.5 property to the Key Largo Wastewater
Treatment District and acceptance of a conservation easement
L.
SOUNDING BOARD
? Discussion regarding moving ahead on the next step toward
erecting and collecting a toll on US1 at the top of the Keys that
could be used to fmance wastewater treatment systems and
acquisition of environmentally sensitive land - Kathryn
Wheeler
M. M6NROE COUNTY SHERIFF DEPARTMENT
vi~-' Approval of request for expenditures from Law Enforcement Trust
Fund
N.
~OE COUNTY HEALTH DEPARTMENT
v{" Approval of the selection of Dr. Susana May as the Monroe
/ County Health Department Director
V k. Approval of the annual Core Contract between the Board of County
Commissioners and the Florida Department of Health, Monroe County Health
Department, for services provided in Monroe County
C ~SSIONERS' ITEMS
t?MM MAYOR NELSON - Discussion of adopting a plan to provide
100 homes a year on individual lots for working families of
Monroe County
MAYOR NELSON - Approval of issuing a $.25 per axle rate for
the Card Sound Bridge toll for parties purchasing a book of 400
coupons or a six-month supply for $100
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O. ~O SSIONERS' ITEMS - CONTINUED .
3. MAYOR NELSON - Discussion of Monroe County requesting
a letter from the National Marine Fisheries Service to
designate Monroe County as the primary respondent for
marine mammals in distress in the Florida Keys and further to
consider Monroe County to transfer and designate this
responsibility to Marine Mammal Conservancy (MMC)
COMMISSIONER SPEHAR - Approval to advertise an
Ordinance adopting a curfew for minors sixteen years of age and
younger for unincorporated Monroe County
COMMISSIONER SPEHAR - Approval of the appointment of
James D. Cameron to the Monroe County Planning Commission to
fulfill the term of Jerry Coleman whose term expires in September
of 2004
COMMISSIONER SPEHAR - Approval to direct staff to
prepare appropriate draft amendments to the LDR's that would add
employee housing, affordable housing and liveaboards to "as of
right uses" in the Maritime Industrial and Mixed-Use districts so
that they will be consistent with Comprehensive Plan policies and
Y'to change our current ROGO allocation for legally established
liveaboards from 1. 0 to .50
. COMMISSIONER SPEHAR - Discussion of the feasibility of
/ transferring County control of Pigeon Key to the City of
Marathon
. COMMISSIONER SPEHAR - Approval for Monroe County
to assume the responsibility to maintain the computers in the
County's Senior Citizen Centers in Key West, Big Pine,
~t Marathon and Plantation Key
9. COMMISSIONER NEUGENT - A proposed toll reduction of
L1he Card Sound Road Toll discount tickets from $.40 per axle to
$.20 per axle. Purchases cost for drive-up would remain $1.00
based on a two axle vehicle
. O. COMMISSIONER NEUGENT - Discussion and direction to
/ Growth Management concerning a Comp Plan amendment to make
eligible plated unbuidable lots to qualify as ROGO lots
. COMMISSIONER NEUGENT - Discussion and direction by the
Monroe County Board of County Commissioners for consideration
of all contractual agreements under $20K to be weighed in favor of
~ local, minority and/or female owned businesses in Monroe County
,,- ~2. OMMISSIONER NEUGENT - Approval to designate the Sea
Camp Property in Big Pine Key as Tier III
I. COMMISSIONER NEUGENT - Discussion and direction to
staff as to moving forward on the contractual agreement with
Department of Environmental Protection Division of State Lands
regarding a parcel of property on Big Pine Key known as the
"Swimming Hole"
2:00 P.M.
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2:30 P.M.
2:45 P.M.
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SSIONERS' ITEMS - CONTINUED
COMMISSIONER NEUGENT - Discussion regarding the Solid
Waste Management Contract
COMMISSIONER NEUGENT - Discussion with staff
y1f concerning a Retail Formula Ordinance for franchise stores on Big
Pine Key within the Livable CommuniKeys Plan
6. COMMISSIONER RICE - Approval of utilization of Boating
J / Improvement Funds to install no wake markers at Duck Key at the
~. 7.U&'- 0::' Duck Key Property Owners Association
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P. COUNTY CLERK
1,/ Report
--2. / Approval of Warrants
/Y'/ Approval of Fines & Forfeitures
/'APproval of Tourist Development Council expenditures for the
month of November, 2003
. Official approval of the Board of County Commissioners Minutes
from the regular Meeting of October 15, 2003 (previously
distributed)
Q. TY ADMINISTRATOR
/ y.. Report
.,/2. Approval to have a new Assistant County Attorney position to
/ work in the County Attorney's office
vi. Approval of an Addendum of Agreement with Commonwealth
/ Consulting Corporation for continuing consulting services
tY' Approval of Amendment to Consulting Contract with Robert F.
Reyes and W.,.Douglas,. Moody of the law ftrm of Mitchell &
Reyes, Inc. ({ 0tA )
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R. TY ATTORNEY
Report
Authorization for payment of invoice from Ferencik Libanoff
Brandt Bustamante & Williams in the amount of $44,384.96 for
October, 2003, for the defense of the County in the litigation of
Lodge Construction
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3:00 P.M.
5:01 P.M.
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~~ .;COUNTY ATTORNEY - CONTINUED .
D. Presentation of code enforcement lien settlement offer from Largo
Coin Laundry, Inc.
~. Approval to institute foreclosure and collection proceedings and
for authority to settle 3 code enforcement lien cases, and to engage
/ in outside counsel, if necessary
/5. Approval of code enforcement lien settlement agreement with
Daniel & Jennifer Ganim
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;4u IC HEARINGS
1. Third public hearing on an Ordinance amending Chapter 5.5,
Boats, Docks, and Waterways, prohibiting diving and
snorkeling within manmade waterbodies and within 300 feet of
improved residential canals, marinas, and commercial
shorelines during the dates of the "Lobster Mini-Season"
(Three public hearings required)
S.
T.
-4LIC HEARINGS
A.IS. Public hearing of a Resolution electing to use the uniform
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method of collecting non-ad valorem special assessments levied ~'
within the unincorporated area of the County encompassing
the area of south Stock Island served or to be served by KW
Resort Utilities
Public hearing of an Ordinance authorizing the issuance by the /
County of Monroe not exceeding $5,000,000 in aggregate V
principal amount of taxable wastewater improvement
assessment bonds for Stock Island area
Public hearing to adopt a Resolution approving the Livable
CommuniKeys Master Plan for Big Pine Key and No Name
Key, Draft Four, as the policy document to recommend
Comprehensive Plan and Land Development Regulation
changes to direct growth and development, protect endangered
species, and maintain and enhance the community character
for the islands (One public hearing required)
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T. fLIC HEARINGS - CONTINUED .
. Public hearing to consider an amendment to Section 9.5-124
(NROGO) of the Land Development Regulations, adding a
defmition for covered walkways; adding regulations for
covered outdoor non-residential floor area; prohibiting the
NROGO exemption for not-for-profit organizations proposing
non-residential development in areas proposed for acquisition
/ by governmental agencies for the purpose of resource
protection and modifying impact fees for non-residential floor
area (One public hearing required)
5. Public hearing to consider an amendment to Section 9.5-
266(Affordable and Employee Housing) of the Land
Development Regulations, allowing Market Rate Housing to be
eligible to receive points as infill development under section
/ 9.5-122.3(a)(I) (One public hearing required.)
# Public hearing to consider an amendment to Section 9.5-4
(Definitions) of the Land Development Regulations by adding
Aefinitions for Coastal Barrier Resources Systems and
Conservation Land Protection Areas (One Public hearing
required)
7 Public hearing to consider an amendment to Policy 212.2.3 of
the Monroe County Year 2010 Comprehensive Plan
incorporating revisions recommended by the Department of
Community Affairs concerning shoreline setbacks and an
amendment to the Land Development Regulations to amend
i Section 9.5-349 (Shoreline Setbacks ) (Second of two public
hearings)
8.' Public hearing to couslder the request of Hawk's Cay Resort
(MM61) to amend a Development of Regional Impact (DRI)
and modify a Major Development to relocate two (2)
previously approved units from Corridor 5 to the Commercial
Development Area adjacent to Tom's Harbor. (One public
hearing required)
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.rn. on Friday, December 12,2003.
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8:30 AM. \,
9:00 AM. 'v
10:00 AM.V
10:30 AM. \
11:00 AM.\
11:30 AM. \,
12:00 P.M. 'v
1 :30 P.M.
v
'v
1:45 P.M.
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2:00 P.M. 'V
2:30 P.M.~
2:45 P.M. L
3:00 P.M. \;
3:30 P.M. \"
Lj'.30 'v
5:01 P.M.~
5:30 P.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, DECEMBER 17,2003
TIMES APPROXIMATE
Closed Session
Board of County Commissioners Regular Meeting
B 1 - (Nl - Health Department)
H 1/H5 - Land Authority
C29 - Management Services
F 1 - Public Works
G I/G2 - Board of Governors
Lunch Break
Reconvene
Kl - Wastewater Issues
L 1 - Sounding Board - Kathryn Wheeler
03 - Mayor Nelson
07 - Commissioner Spehar
08 - Commissioner Spehar
S 1 - Public Hearing
01 - Mayor Nelson
O. \ ~
T I/T8 - Public Hearings
12 - Growth Management