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12/15/2004 Agenda 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 15,2004 Marathon Government Center 2798 Overseas Highway, MM 47.5 (Gulf) Marathon, Florida Regular Meeting 9:00 AM. Land Authority 10:00 AM, Public Hearings 3:00 P.M. Public Hearings 5:01 P.M. TIME APPROXIMATE REGULAR MEETING 9:00 AM. CALL TO ORDER INVOCATION SALUTE TO FLAG A ADDITIONS, CORRECTIONS, DELETIONS B. / P~SENTATION OF AWARDS t/' Presentation of Employee of the Month Award for the month of ~y 2004 to Kenneth Lohlein, Senior Maintenance Technician, lorida Keys Marathon Airport, Public Safety Division ~. 4f1-a-- C. [K APPROVALS - MAYOR SPEHAR , Approval of request by Rural Health Network of Monroe County, ~ Florida, Inc, to waive rent payments due for the months of March, 2004 through December, 2004, and terminate Lease Agreement for space at the DJJ Building on Stock Island effective December 31, / 2004 Ji. Approval to rescind Amendment to Agreement with Stand Up for Animals, Inc., increasing the hours and days of operation at the Big Pine Animal Shelter, as approved on October 20, 2004 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 to terminate Lease Agreement with Craig D. Sparrow and authorization to execute Lease Agreement with Deputy Edgar Pineiro to reside in the Stiglitz House located at Watson Field, Big Pine Key, using the rate structure of $425.00 ($229.06 rent and $195,94 utilities - sewer/septic, electricity and solid waste collection service) Approval to renew Lease Agreement with Indian Waterways Village Limited Liability Partnership (LLP), on a month-to-month basis, for the Upper Keys Public Defender Approval to Award Bid and enter into a Contract with Miller Mechanical, Inc. for central air conditioning maintenance and / repair for the Upper Keys facilities c7. Approval to renew Contract with Miller Mechanical, Inc. for central air conditioning maintenance and repair for the Middle Keys facilities Receipt of monthly report on Change Orders reviewed by the County Administrator Approval of Change Order No, 1 for the Card Sound Road Improvements Project Approval of increase of hourly workers' compensation attorney's fees from $105 to $115 for the fIrm of Kelley, Kronenberg, Gilmartin, Fichtel and Wander, P,A. Approval of Interlocal Agr}ement wit~ $e Monroe County Sheriff for Teen Court Funding (r2Rv. ~ ) Approval of Interlocal Agreement with Legal Servic~gJ Greater) Miami, Inc" DBA Legal Services of the Florida Keys ~ &Vt Sc-4'" Approval of attached recommendation of Substance Abuse Policy Advisory Board (SAPAB) regarding the use of Local Law Enforcement Block Grant (LLEBG) funds, authorization for Grants Administrator to accept the grant online and complete online request for draw down of funds in accordance with U. S. Dept. of Justice Bureau of Justice Assistance procedure, and resolution to set up budget / A L/ / ./6. L L ~ ~/ vrt / 2 c. BULK APPROVALS - CONTINUED )4/ Approval of Contract with Florida Keys Healthy Kids Corp., whereby Monroe County provides match for Healthy Kids / program A Approval to accept renewal with Arthur 1. Gallagher to provide ~ Airport Errors & Omissions Insurance at an annual premium of $19,789 6. Approval of various resolutions for the transfer of funds and ~ resolutions for the receipt of unanticipated revenue I 17, Approval of Affiliation Agreement with the District Board of Trustees of Broward Community College for Monroe County Fire Rescue to provide an EMS training environment from date of approval of Agreement through December 31, 2005 with the /' option to renew on a year-to-year basis vrS. Approval to purchase one Pierce Custom Saber Pumper for Conch Key fIre station, through "piggy-backing" bid 99-150 of Lake County, Florida at a purchase price of $328,261, plus a 5% contingency amount of $16,413 to cover any changes during construction/manufacturing process, and approval to issue a Purchase Order to Pierce Manufacturing, Inc. for same Approval of Agreement with the State of Florida, Department of Community Affairs concerning the Hazardous Material Plan, Contract #05CP-II-II-54-0 1-000, and authorization for Mayor to execute same Approval of Resolution adopting the National Incident Management System (NIMS) Approval of Agreement with Florida Keys Funeral Services, LLC, to lease premises for use as Medical Examiner facilities for a term of 18 months, commencing on the date the premises are ready for occupancy, and approval to transfer additional funds from General Revenue Fund Reserves into the Medical Examiner's operating budget to fund the unanticipated costs, estimated in the amount of ~ / $10,000 ~. Approval of Award of Bid and Contract for Janitorial Services at the Florida Keys Marathon Airport with Birds of Paradise Cleaning Service, effective January 1, 2005, in the total amount of $13,000 Approval of Lease Agreement with Sanctuary Friends of the Florida Keys, Inc. to lease space at the Florida Keys Marathon Airport on a month-to-month basis, effective January 1, 2005, contingent upon meeting all County requirements ~ Approval of Professional Service Agreement with the Boyd Group to recruit Commercial Air Service to the Florida Keys Marathon Airport / ~ / vi 3 D. BDy( APPROVALS - CONTINUED t3Y Approval of Award of Bid to Ameriseal Northeast Florida, Inc. for /the Seal Coat, Marking, TW A-9 rehab, and Environmental Mitigation Project at the Key West International Airport . Approval of Amendment to Federal Aviation Grant 3-12-0037- v /024-2004, revising the scope of work J7f . Approval of an application for Federal Assistance with the Federal Transit Administration for financial assistance to purchase two transportation buses and approval for the Mayor to sign the Grant / Application, Resolution and other application documents VS. Approval of Referral Agreement with the Alliance for Aging to enable respite clients to remain in the Aged and Disabled Adult / (ADA) Waiver program v9 / Approval of the Library Plan of Service for the year 2005 --.;0. Approval of OAA Agreement #AA-529 (1/1/05 - 12/31/05) between the Alliance for Aging, Inc, (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services Approval of Contract with Florida Keys Funeral Services, LLC for the disposal of remains, and termination of the existing Contracts with Kraeer Holdings, Inc" dba Key West Montuary, Dean-Lopez Funeral Home and Seven Seas Funeral Home, Cemetery and Cremation Services, Inc. referring to the Agreement for disposal of remams Approval of a request to use $9,000 from the FKCFPWD fund for Handicapped Parking Fines for ADA Education and Awareness programs in Monroe County and approval of a Contract between Monroe County and Brennan Consulting, Inc. for the Florida Keys Council for People with Disabilities (FKCFPWD) to hold an ADA Seminar on January 5, 2005, to be held at the Cheeca Lodge, Islamorada, at a cost of $4,750 Approval to remove surplus equipment from inventory via advertise for bid, disposal and transfer Approval to renew with the Hartford Life Insurance for our Group Life and Accidental Death & Dismemberment program October I, 2004 through September 30, 2005 c. vi / ,/ / TO~ DEVELOPMENT COUNCIL ~ BOARD OF COUNTY COMMISSIONERS - Announcement of one vacant position on the Tourist Development Council District III Advisory Committee for an "At Large" appointment 4 D. TmTRTST DEVELOPMENT COUNCIL - CONTINUED Yf.- ---BOARD OF COUNTY COMMISSIONERS - Discussion and approval of one (1) "At Large" appointment to the Tourist / Development Council District V Advisory Committee Y Approval of an Agreement with Key West Tourist Development Association, Inc. covering Chicken Fest Key West on June 16-19, 2005 in an amount not to exceed $33,000, FY 2005 DAC I and A / DAC II Third Penny Event Resources y Approval of a Destination Agreement with Islamorada Chamber of Commerce covering the Columbus Day 10K Getaway on October 8, 2005 in an amount not to exceed $5,000, DAC IV, FY 2005 / Event Resources , Approval to waive policies and bid process and enter into a Contract with Ameurop Travel Service who is the only entity that provides multilingual tourist assistance 24 hours; 7 days a week; 365 days a year, Ameurop Travel Service provides live assistance through 1-800-771- KEYS and provides a monthly detailed report ~ Approval to rescind Agreement with Key West Playwrights Company for the production of Key West Playwrights Company / between December 2004 and March 2005 in the amount of$6,918 , Approval of a Destination Event Agreement with Hog's Breath Saloon of Key West, Inc. covering the Key West Songwriter's Festival on May 11-15,2005 in an amount not to exceed $20,000, / DAC I, FY 2005, Third Penny Event Resources {)r. Approval of an Agreement with Key West Restaurant and Bar Association, Inc, covering the Key West Summer Food and Wine Festival on July 29 - August 7, 2005 in an amount not to exceed $20,000, DAC I, FY 2005 Event Resources 0/ Approval to amend Agreement with Daniel Greg Gore to change V' date of the 2nd Annual John Muscarello Kingfish Tournament from January 15-17, 2005 through to January 14-16, 2005 ~ Approval to waive policies and bid process and enter into a Contract with Smith Travel Research who is the only entity that provides local reporting specific to Monroe County accommodations and provides reports pertaining to occupancy and daily average rates on a weekly, monthly and annual basis to the Monroe County Tourist Development Council. Smith Travel Research also provides national data, The information is provided to the accommodations industry in Monroe County and provides the basis for analytical data base information utilized by the / Monroe County Tourist Development Council '-rf. Approval of an Agreement with Upper Keys Rotary Foundation, Inc, covering the 10th Annual Gigantic Nautical Flea Market on February 25-27, 2005 in an amount not to exceed $10,000, DAC IV, FY 2005 Third Penny Event Resources 5 9:30 A,M. 2:00 P,M, 11:00 A,M, 11:15 A.M, D. TOyIDST DEVELOPMENT COUNCIL - CONTINUED \JZ Approval of a Turn Key Agreement with Upper Keys Community Pool, Inc. covering the Orange Bowl Swimming Event and Winter Training during December 2005 in an amount not to exceed / $30,000, DAC V, FY 2005 Event Resources 3, Approval of a Turn Key Agreement with Key West Investment Syndicate, Inc, covering the Marathon Offshore Grand Prix on May 13-15, 2005 in an amount not to exceed $134,700, DAC ill, FY 2005 Third Penny Event Resources E. STAFF REPORTS 1. , COMMUNITY SERVICES Y. . MANAGEMENT SERVICES 3 PUBLIC SAFETY 4. PUBLIC WORKS 5. FIRE RESCUE 6./ AIRPORTS V GROWTH MANAGEMENT F. P~ WORKS v/" !.resentation of the Florida Department of Transportation Tentative Five-Year Work Program for Fiscal Year 2006-2010 G. MO~E COUNTY SHERIFF DEPARTMENT 7"" ---Approval of Elected Official Bond for Sheriff's reappointment , H. ~UNDING BOARD ~;,U/Ul Discussion concerning Code Enforcement violations _ Ed Handte ~ Discussion regarding the Livable CommuniKeys Master Plan _ ~...., Tavernier Community Association 6 ADJOURNMENT 10:00 A.M, I. ADJOURNMENT 1. LAND AUTHORITY 1. Selection of the Chairman and Vice Chairman of the Governing Board 2, Approval of resolutions designating the Chairman and Vice Chairman and authorizing signatures on warrants, legal documents and papers, and other instruments 3. Approval of minutes for the November 17, 2004 meeting 4, Approval to purchase land for conservation: a) Lazy Lagoon subdivision b) Buttonwood Shores subdivision S. Approval to accept an amended conservation easement on Crawl Key from Monroe County 6. Approval of an Jnterlocal Agreement with the Village of Islamorada concerning the WetNet Property DIyISION OF GROWTH MANAGEMENT - BULK APPROVALS vY.' Approval for a Grant of Conservation Easement for Lots 4, 5, 6, & /1' Block 1 Lazy Lagoon Subdivision, Key Largo PB 2 pg126 Monroe County Records, RE#00496550-000000, RE#00496560- 000000, RE#00496570-000000, and RE#00496580-000000 , Approval for a Grant of Conservation Easement for Lots 20,21, & ,/ Yz of 22, Block 14, Anglers Park, Monroe County, Florida, PB1 pg,159,RE#00553570-000000 , Approval for a Grant of Conservation Easement for Lots Yz of 22, 23, and 24, Block 14, Anglers Park, Monroe County Florida PB1 . / pg,159, RE#00553600-000000 tY" Approval to waive the requirement of a "Hold Harmless Agreement" for the National Marine Sanctuary Program during its use of the Marathon Emergency Operation Center (EOC), for the specific purposes of using the EOC in two staged emergency drills responding to the potential of a ship grounding with a consequent oil spill and the general purpose of using any County facilities for meetings Approval to waive Purchasing Policies and Procedures and also the approval of a Contract between Monroe County and Spirit Marine / Towing & Assistance for the emergency removal (costing a total of / $49,800) of the Kimilu, a 66' wooden shrimp boat LJY' Approval of one Restrictive Covenant from Gay A. & Deborah Hill Cherubini to have one dwelling unit on contiguous lots described as Lots 4 & 5, Block 10, Anglers Park, Key Largo / 5, 7 4:15 P,M, 1. G~WTH MANAGEMENT - CONTINUED Z......, Approval for an Affordable Housing Deed Restriction for one / dwelling unit from Joseph Oliveros ..-8':" Approval of Professional Services Contract with RMPK to / complete the Florida Keys Scenic Highway Interpretive/Master Plan , Approval of recommendations from the Selection Committee to select Aquatic Vegetation Control Inc, to provide professional services to manage removal of exotic plant species in the Florida Keys Scenic Highway Corridor and directing staff to enter into contract negotiations with this frrm; if Staff is unable to successfully negotiate a contract with this firm, it is authorized to / enter into negotiations with the second ranked firm \.J..if Approval for one Restrictive Covenant from WF Enterprises LLC, for floor area intensity reduction on a property described as 25 66 27 Sugarloaf Key Pt of Government Lot 5 and further described as AKA Block 1, Lots 4 and 5, Sugarloaf Acres, and having the ~. I. Parcel Identification Numbers of 00 11751 0,000400 L1l. Approval of an on-going Professional Services Contract with URS Li corporation for transportation planning/engineering services - -. ~ 12. Approval of Supplemental Joint Participation Agreement #4 with (jJ" ./.-:... /the Florida Department of Transportation for Contract AI-893 JY" Approval of a grant contract between the Department of Environmental Protection and Monroe County Providing 75 percent funding (up to $50,000) for the purchase of a pump-out vessel / tUl-C1- K. j/gIVIS N OF GROWTH MANAGEMENT 1, Update on legal issues - Litigation Report . Discussion on the County's position regarding the frrst right of refusal for the Florida Department of Transportation Surplus Property located at approximately Mile Marker 102.8, Bayside "Sundiver Station" Dive Shop 3, Brief"mg prior to public hearings on amendments to the Monroe County Land Development Regulations and the 2010 Comprehensive Plan to implement Goal 105, (the Tier System) Rule 28-20,100 F,A,C. and the Florida Keys Carrying Capacity Study 8 1:30 P.M. L. W ASTEW ATER ISSUES 1, Report - Commissioner McCoy, Wastewater Liaison / 4J((-~ , f~ V--~ "3' ...- (/0 M, ~gMMISSIONERS' ITEMS V" ~A YOR SPEHAR - Approval of the appointment of Donald E. Yates to the Human Services Advisory Board to fulfill the term of /~Kirk Bondurant with term commencing on December 15,2004 and ending November I, 2005 . MAYOR SPEHAR - An invitation is extended to the Board of County Commissioners to attend the Annual Joint Meeting of the Library BoardlFriends of Library Groups to take place in the BOCC room of the Marathon Government Center scheduled for March 22,2005 at 10:30 a,m. MAYOR SPEHAR - Approval of a Resolution allocating to the Municipalities within the County a distribution of a percentage of the constitutional fuel fax, allocating the distribution on a road mile formula; authorizing the allocation of such funds to the Municipalities starting with fiscal year 2004-05; requiring that such funds be used by the Municipalities to finance roadway maintenance and improvements; directing the County Administrator to prepare an interlocal agreement. between the County and Municipalities to implement the . // allocation; and providing for an effective date 0V MAYOR SPEHAR - Approval of a Resolution supporting the Second Judicial Circuit Court's opinion to place the burden of funding Juvenile Detention on the state; urging the Monroe Legislative Delegation to oppose legislation that amends, modifies or changes the state obligation for payment for juvenile detainees; urging the Governor to oppose and, if necessary, veto any such // legislation; providing for transmittal of copies of the resolution; providing an effective date . MAYOR SPEHAR - Approval of the appointment of Ben Iannotta to the Marine and Port Advisory Board to fulfill the term of Nancy Klingener from December 15,2004 to April 18, 2007 COMMISSIONER RICE - Approval ofreappointment(s) to the Older American Advisory Board of Dr. Robert Williams and Mr. Theodore Nelson COMMISSIONER NEUGENT Direct the County Administrator to create a fund from fines and overdue books to o / augment the Library budget for special projects V COMMISSIONER NELSON - Authorization to renew the Lease Agreement with Peter 0, Dalton for office space for Commissioner Murray Nelson 2:30 P,M, v ~ 7. 9 M'~SSIONERS' ITEMS-CONTINUED . COMMISSIONER MCCOY - Approval of Elected Official Bond for Commissioner Charles "Sonny" McCoy N. COUNTY CLERK 1. Report vZ' Approval of WaITants ~ Approval of Tourist Development Council Expenditures for the month of November, 2004 /' Official approval of the Board of County Commissioners Minutes from the Regular Meeting of October 20, 2004 (previously distributed) O. COUN MlNISTRATOR ~ Report ,~o 2, Direction to staff regarding the proposed sale of the Stock Island Q . 1-. Public Service Building property o Approval of Consulting Agreement with Commonwealth . /Consulting Corporation for continuing consulting services t.-Y" Approval of Public Official Bond for Joan Lord Papy, Mosquito Control 9:45 A,M, P. COUNTY ATTORNEY 1. / Report tY Approval to issue and for Mayor to execute an Amended Conservation Easement on Crawl Key, said easement to be granted to the Land Authority 3. /'Request direction (negotiate lease modification, deny request, etc.) c..../' as to processing the request to annex area adjacent to the Bayview Inn and Marina on Conch Key, to the existing leased area into / tenant's leasehold / /4. AlJ-AA- 10 3:00 P,M, 5:01 P.M. Q. PUBLIC HEARINGS 1. Public hearing of an Ordinance establishing the Office of County Attorney and providing for the qualifications and duties of the County Attorney and Assistant County Attorneys 2. Public hearing of Resolution of the Recommended Beneficial Use Detennination of Richard and Joyce Farmer ,PUBLIC HEARINGS 1. Public hearing to consider adopting a DCA Transmittal Resolution to amend the Monroe County Year 2010 Comprehensive Plan to delete the HEI requirements in the Plan, require an existing conditions report including a vegetation survey, require a grant of conservation easement to protect open space vegetation and limit the clearing of native upland vegetation dependent on the tier system designation, and provide for a Land Acquisition Master Plan. (1 st of 2 required public hearings) 2, Public hearing to consider adopting a DCA Transmittal Resolution amending the Monroe County Year 2010 Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential Rate of Growth Ordinace (NROGO) to utilize the Tier Overlay as the basis for the competitive point system, deleting, revising and adding policies, objectives and requirements for the implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District, (1st of2 required public hearings) 3. Public hearing to consider adopting an Ordinance amending the Monroe County Land Development Regulations to revise environmental regulations by deleting sections 9,5-336 through 9,5-343 to eliminate requirements for the Habitat Evaluation Index (HEI); creating new Section 9.5-336 to require an Existing Conditions Report, including vegetative survey; creating new Section 9,5-337 to protect upland vegetation through grant of Conservation Easements; creating new Section 9,5-338 to incorporate existing open space requirements for wetlands; revising Section 9,5-347 to provide for maximum clearing limits of native upland vegetation based upon the Tier system designation of the subject property, (1st of 2 required public hearings) 11 R. PUBLIC HEARINGS - CONTINUED 4, Public hearing to consider adopting an Ordinance amending the Monroe County Land Development Regulations Sections, 9,5-120 through 9,5-125 and Section 9.5-266 by changing the Rate of Growth Ordinance (ROGO) to utilize the Tier Overlay as the basis for the competitive point system, prohibit affordable housing allocations in Tier I, increase the affordable covenants to 99 years for pubIc fmanced properties and to make allocations for affordable housing on a flJ'st come basis or by reservation of the BOCC. (lit of 2 required pubIc hearings) 5. Public hearing to consider adopting an Ordinance amending the Monroe County Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan by renumbering existing Sections 9.5-256 to 9,5-271; creating a new Section 9,5-256, Tier Overlay District; providing criteria for designation of tier boundaries; and, providing a mechanism for Tier Overlay District Map amendments, (lit of 2 required pubIc hearings) 6. PubIc hearing to adopt an Ordinance amending the Monroe County Land Development Regulations to revise Section 9.5- ~ 124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance (NROGO) utilizing the Tier Overlay as the basis for /lite competitive point system, (1 ST of 2 required pubIc hearings 7, PubIc hearing to consider adopting an Ordinance amending the Monroe County Land Use District Map to include a Tier Overlay Map District designation on all land in unincorporated Monroe County in the Florida Keys between Key West and Ocean Reef and designating boundaries for Tier I, Tier II and Tier III as required in Goal 105 of the 2010 / Comprehensive Plan pursuant to the criteria in section 9,5-256, (1 ST of 2 required pubIc hearings) . PubIc hearing to adopt an Ordinance repeating Ordinance 19- 2004 and amending Section 9.5-119 (Environmental Restoration Standards and Agreements) and Section 9,5-346 (Transplantation Plan), Monroe County Code (MCC) to provide more effective standards for restoration of habitat, elminate transplantation as a mitigation option and replace it with payment of mitigation fees into the County's "Restoration Fund" to be renamed, (One 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 10,2004. 12 \, 9:00 AM. L 9:30 AM, t 9:45 AM. !1O:00 AM. b 1:00 AM. LlI:15A.M. ~12:00 P.M. [1:30 P.M, ! 2:00 P.M, /2:30 P.M, C3:00P.M. 4: 15 P.M. 5:01 P,M, AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, DECEMBER 15, 2004 TIMES APPROXIMATE Board of County Commissioners Regular Meeting DB - Tourist Development Council P2 - County Attorney 11/16 - Land Authority HI - Sounding Board H2 - Sounding Board Lunch Break Reconvene Ll - Wastewater Issues Fl - Public Works 02 - County Administrator Ql/Q2- Public Hearings K3 - Growth Management RlIR8 - Public Hearings