08/17/2005 Agenda
AGENDA
REVISEDAGENDA
Monday, August 15, 2005
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 17,2005
Key Largo Library
Tradewinds Shopping Plaza
101485 Overseas Highway
Key Largo, Florida
9:00 A.M. Regular Meeting
10:00 A.M. Land Authority Governing Board
11 :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
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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 Monroe County to Gary Strait, Building Maintenance
Specialist, Correction Facilities, Public Works Division. VIEW
2. Presentation of Mayor's Proclamation recognizing August
26th as Disabilities Awareness Day. VIEW
3. Presentation of Mayor's Proclamation recognizing August
17th as Voluntary Pre-kindergarten Day (VPK). VIEW
4. Presentation of the Florida Keys Council for People with
Disabilities Award to Michael Brennan and Rhonda A. Anderson,
Attorney, in recognition of their important pro-bono contributions
of expertise and energy in bringing about compliance to disabilities
law in the Florida Keys. VIEW
5. Presentation to Donna Hanson, Executive Assistant to
Commissioner Murray Nelson, for Employee of the Month for the
Month of May, 2005. VIEW
C. BULK APPROVALS - COMMISSIONER MCCOY
1. Approval to Award Bid and enter into a Contract with
Synagro Southeast, Inc. for the operation and maintenance of the
wastewater treatment plant at the Marathon Government Center.
VIEW
2. Approval to Renew Residential Lease Agreement with
Deputy Dawn Leird to continue residing in one-half of the duplex
located at the Key Largo Community Park for the amount of
$425.00 per month for rent and utilities. VIEW
3. Approval to Renew Security Agreement with Deputy David
Johnson to continue residing at the Mariner's Park in Big Pine Key,
Florida, for the same amount of rent and utilities totaling $425.00
per month. VIEW
4. Approval of Lease Agreement with Federal Express for
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operations at the Key West International Airport. VIEW
5. Approval of Purchase Service Order with URS to provide a
Wildlife Hazard Management Plan for the Key West International
Airport. VIEW
6. Approval of Federal Aviation Administration Grant to fund
proj ects at the Key West International Airport. VIEW
7. Approval of Federal Aviation Administration Grant to fund
proj ects at the Florida Keys Marathon Airport. VIEW
8. Award of bid to Koch Corporation, as the most responsive
bidder, for NIP Ph 4 Construction. VIEW
9. Approval of Receipt of monthly report on Change Orders
reviewed by the County Administrator. VIEW
C. BULK APPROVALS - CONTINUED
10. Approval of Changes to the Monroe County Policies &
Procedures Manual as recommended by the Monroe County
Personnel Policies & Procedures Review Board. VIEW
11. Approval of Disaster Relief Funding Agreement with State
of Florida, Department of Community Affairs for expenses related
to Hurricane Dennis. VIEW
12. Approval of various Resolutions for the transfer of funds
and resolutions for the receipt of unanticipated revenue. VIEW
13. Approval of Lease and Concession Agreement with The
Hertz Corporation to operate an automobile rental concession at the
Florida Keys Marathon Airport. VIEW
14. Approval of a Resolution adopting the 2005 Revised Local
Mitigation Strategy in order for Monroe County to be eligible for
and to access post-disaster and pre-disaster hazard mitigation
grants. VIEW
15. Approval for Mayor to sign the Certification of Acceptance
of Subgrant Award, accepting a Law Enforcement Terrorism
Prevention Program grant from the Florida Department of Law
Enforcement and the Homeland Security, in the amount of
$124,000.00. VIEW
16. Approval to Award Bid and Approval of an Agreement for
Professional Services with URS Corporation for the Review and
Reconciliation of Emergency Management Plans of County,
Government Agencies and Municipalities within Monroe County,
in the amount of $46,790.00, contingent upon review and approval
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of appropriate County staff. VIEW
17. Approval of a Resolution revising the Volunteer Fire and
EMS Service Agreements' Attachment "I" Volunteer Fire and
EMS Membership Reimbursement Guidelines. VIEW
18. Approval to purchase one transportation bus based on the
Application for Federal Assistance under the U.S.C. Section 5310
and Notice of Grant Award for Year 2005 to Monroe County by the
State of Florida Department of Transportation by piggy backing on
the FDOT FVPP-03-SC-l Florida Procurement Program. VIEW
19. Approval of a Lease Amendment and Consent to
Assignment of Lease with Southernmost Ltd., and
South Whitehead, LC, for rental space at 1315 Whitehead Street for
the 16th Judicial Circuit Drug Court Program. VIEW
20. Approval of a Lease Agreement with Hillsborough Center
Associates, LLC. for approximately 1,450 s.f. of office space at
Habana Plaza in Key West for the 16th Judicial Circuit Drug
Program, pending further review by Risk Management. VIEW
C. BULK APPROVALS - CONTINUED
21. Approval of Exhibits A, Band C to be attached to the
contract with Currie, Sowards, Aguila Architects for planning,
design, contract documents, and construction administration
services for the construction of an Upper Keys Government Center._
VIEW
D. TOURIST DEVELOPMENT COUNCIL
1. Approval of the Monroe County Tourist Development
Council FY 2006 Marketing Plan. VIEW
2. Approval of an Amendment to Agreement with the Holiday
Isle Resort & Marina to revise the date of the Holiday Isle/Caribee
21 st Dolphin Tournament which was scheduled to take place on
July 8-10, 2005 to a new date of July 29- 31, 2005 due to Hurricane
Dennis. VIEW
3. Approval of an Amendment to Agreement with the Lower
Keys Chamber of Commerce to revise the date of the 21 st Annual
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Underwater Music Festival which was scheduled to take place on
July 9, 2005 to a new date of July 16, 2005 due to Hurricane
Dennis. VIEW
D. TOURIST DEVELOPMENT COUNCIL - CONTINUED
4. Approval of an Amendment to Agreement with Keys
Association of Dive Operators to replace the District V
recommendation committee member listed in Exhibit A. VIEW
5. Announcement of one vacant position on the Tourist
Development Council District III Advisory Committee for an "At
Large" appointment. VIEW
6. Announcement of two vacant positions on the tourist
Development Council District II Advisory Committee for an "At
Large" appointment. VIEW
7. Discussion and approval of one (l) "At Large" appointment
to the Tourist Development Council District II Advisory
Committee. VIEW
E. STAFF REPORTS
1. COMMUNITY SERVICES
2. PUBLIC SAFETY
3. PUBLIC WORKS
4. FIRE RESCUE
5. AIRPORTS
6. GROWTH MANAGEMENT
7. ENGINEERING
8. MANAGEMENT SERVICES
10:30 A.M. F.
DIVISION OF PUBLIC SAFETY
1. Presentation by SCS Engineers regarding the Cudjoe
Key Lined Landfill Operation Permit, Board discussion and
directions to staff. VIEW
ADJOURNMENT
11:30 A.M. G. FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
1. Report
2. Approval of Resolution authorizing the write-off of Fire
Rescue ambulance accounts receivable, in the amount of
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$194,523.24. VIEW
3. Approval for establishment of six additional part-time
positions, three Firefighter/EMTs, two Firefighter/Paramedics,
and one Battalion Chief, for field operations in the Lower &
Middle Keys Fire and Ambulance District. VIEW
4. Approval of a Resolution revising the Volunteer Fire
and EMS Service Agreements' Attachment "I" Volunteer Fire
and EMS Membership Reimbursement Guidelines. VIEW
ADJOURNMENT
10:00 A.M. H. LAND AUTHORITY GOVERNING BOARD
1. Approval of minutes for the meetings held on July 20
and 21, 2005. VIEW
2. Approval to purchase property as affordable housing
sites Tract C, Blue Water Trailer Village Section 1 in
Tavernier. VIEW
3. Approval to purchase property as affordable housing
sites Block 8, Lots 8-11, Cutthroat Harbor Estates on Cudjoe
Key. VIEW
4. Approval of an extension to the Executive Director's
employment contract. VIEW
ADJOURNMENT
1. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
1. Approval of a bid and contract with PumpOutUSA for
purchase and delivery of a Sanitary Waste Pump-out Vessel in the
amount of $100,495.00. VIEW
2. Approval of a resolution authorizing Code Enforcement
inspector, Joel Fito Rodriguez, to issue citations for disposition in
county court. VIEW
1. GROWTH MANAGEMENT - BULK APPROVALS - CONTINUED
3. Approval to issue a P.O. for the Marathon Planning
Department for a 48-month lease with Pitney Bowes @ $195.00
per month for a postage machine/meter. VIEW
4. Approval of a resolution adopting the Annual Assessment
of Public Facilities Capacity Report 2005. VIEW
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5. Approval of a Resolution by the Monroe County Board of
County Commissioners to approve the attached Memorandum of
Agreement between Monroe County and the Florida Department of
Community Affairs, authorizing an exemption from the Monroe
County Year 2010 Comprehensive Plan Policy 101.4.24 and Land
Development Regulations Section 95-283, Maximum Height for
the Key West International Airport New Terminal Project. VIEW
6. Approval of A Resolution approving the priority list for
Federal Transportation Enhancement Funds applications for
Monroe County projects as recommended by the Florida
Department of Transportation- Technical Advisory Committee for
the Florida Keys (DOT - T AC). VIEW
J. DIVISION OF GROWTH MANAGEMENT
1. Written Litigation Report. VIEW
11:00 A.M. 2. Presentation to the Board of
County Commissioners on potential locations for passive park!
memorial tree garden in Key Largo and directing appropriate
staff to seek funding for construction and implementation of
the park. VIEW
1:30 P.M.
K.
WASTEWATER ISSUES
1. Discussion and approval of an Interlocal Agreement
(ILA) between the Board of County Commissioners and the
Florida Keys Aqueduct Authority for the creation of an
advisory committee and establishment of a process of
wastewater services to County residents. VIEW
L. COMMISSIONERS' ITEMS
1. MA YOR SPEHAR- Approval of appointment of Cheryl
Smith to the Ad-hoc Committee on Airport Noise. VIEW
L. COMMISSIONERS' ITEMS - CONTINUED
2. MAYOR SPEHAR- Approval ofre-appointment of Robert
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Padron to the TDC Board. VIEW
3. COMMISSIONER MCCOY - Approval of appointment of
Ed Swift to replace Clayton Lopez on the Workforce Housing
Committee. VIEW
4. COMMISSIONER NEUGENT - Approval of a Resolution
of the Monroe County Board of Commissioners in the matter of
protecting the private property rights of Monroe County residents.
VIEW
5. COMMISSIONER NELSON - Approval to direct staff not
to issue any more workforce/affordable housing permits until
receiving input from the newly created Workforce Housing
Committee. (This was a tabled item from the July 20, 2005
meeting) VIEW
6. COMMISSIONER NELSON - Approval to direct Staff to
form a Community Land Trust to use as a vehicle to finance
affordable housing projects. VIEW
7. COMMISSIONER NELSON - Approval to return the
$1600 advertising fee to the Largo Sound Village Association for a
project to construct a tiki hut in the community park. VIEW
8. COMMISSIONER NELSON - Report to the Board of
County Commissioners on the meeting in Tallahassee with the
Cabinet Aides on August 2nd and the Governor and Cabinet on
August 9th 2005. VIEW
9. COMMISSIONER NELSON - Approval of appointing
David Boerner to replace Tom Willi and Reggie Parros to replace
Commissioner Nelson on the Workforce Housing Committee.
Reggie Parros will become the new chairman and both appointees
will be voting members. VIEW
M. COUNTY CLERK
1. Report
2. Official approval of the Board of County Commissioners
minutes from the June 14 & 15,2005 meetings & the Closed
Session of June 21, 2005. (Previously distributed).
3. Approval of Warrants. VIEW
4. Approval of Fines & Forfeiture. VIEW
5. Approval ofTDC expenditures for the month of July,
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2005. VIEW
6. Approval to advertise surplus equipment for bid and
approval to remove surplus equipment from inventory via disposal.
VIEW
N. COUNTY ADMINISTRATOR
1. Report - Written Report. VIEW
2. Approval for the running of the 25th Annual 7- Mile Bridge
Run for Saturday, April 22, 2006 from 6:45 A.M. to 9:00 A.M.
VIEW
3. Approval of recommendation to the United States Board on
Geographic Names to make official the names of Veterans Key &
Melody Key for two separate Islands located in the Florida Keys.
VIEW
4. Approval of First Amendment to Solid Waste and
Recycling Collection Franchise Agreement with Waste
Management, Inc. of Florida. VIEW
5. Approval of a Resolution of the Board of County
Commissioners of Monroe County, Florida setting policy for
Compensation for Public Emergency Response Work. VIEW
6. Approval of Lease to Habitat for Humanity of Upper Keys,
Inc. of property at 98970 Overseas Highway, Key Largo. VIEW
7. Approval of the re-appointment of John Dillon to the Career
Service Council. VIEW
8. Approval to implement the 5% Salary increase proposed
during the FY 2006 Budget Process to be effective retroactive to
August 1,2005. VIEW
9. Approval to Rescind Retainer Agreement with Jerry
Coleman for Legal Services for the Workforce Housing Committee
and Approval of attached Contract. VIEW
10. Ratification of Second and Third Amendments to Notice to
Proceed and Task Orders with DRC, Inc. to perform additional
debris management services within Monroe County as a result of
Hurricane Dennis. VIEW
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O. COUNTY ATTORNEY
1. Report (Written Report included) VIEW
2. Approval of payment to Paul, Hastings, Janofsky &
Walker, LLP for professional legal services rendered by Robert H.
Freilich, Esq. in the amount of$53,701.20 (Invoice #1447826).
VIEW
3. Approval of payment to White & Smith, LLC. for
professional legal services rendered in the amount of $38,796.87
(Their Invoice # 131). VIEW
4. Ratification of exhibit which should have been attached to
Addendum NO.1 for the sale and purchase of property at Rockland
Key. VIEW
O. COUNTY ATTORNEY- CONTINUED
5. Approval to advertise an Ordinance amending Sec. 263,
Chapter 2, of the Monroe County Code providing authority to the
County Attorney to settle claims and lawsuits not only when the
County is paying the settlement as currently stated, but also when
the County is the recipient of funds or the beneficiary of the
settlement. The ordinance revision also corrects a scrivener's error
indicating that settlements over the amount of $25,000.00 are paid
out of the County Attorney's funds. VIEW
6. Ratification of Administrator's execution of addendum to
contract for sale and purchase of property at 98970 Overseas
Highway, Key Largo, allowing for closing date to be extended to
August 5, 2005. VIEW
7. Approval of payment to The Smith Law Firm for
professional legal services and costs in the amount of $97,542.86.
(Their Invoice #4853). VIEW
8. Approval of settlement agreement in code enforcement lien
in Monroe County v. Barry E. Biskup. VIEW
9. Approval of settlement agreement in Monroe County v.
Mark Fraleigh, CA P 03 647. VIEW
10. Authorization to 1) initiate legal action against Ricky and
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Barbara Allen to foreclose the County's SHIP loan and 2) negotiate
purchase of Wells Fargo Bank's first mortgage. VIEW
3:00 P.M. P. PUBLIC HEARINGS
1. Public Hearing to consider adoption of a Resolution
renouncing and disclaiming any right of the County and the public
in and to a portion of Bonito Lane, "Amended Plat Of Sunrise
Point Addition" according to the Plat thereof, as recorded in Plat
Book 4, Page 41 of the Public Records of Monroe County, Florida
(Key Largo). (One public hearing required) VIEW
2. Public Hearing to consider adoption of Resolution renouncing
and disclaiming any right of the County and the public in and to a
portion of Oak Road according to the plat thereof as recorded in
Plat Book 3, Page 125, Pamela Villas, of the public records of
Monroe County, Florida (Key Largo). (One public hearing
required) VIEW
3. Public hearting to consider a request for Administrative Relief
from Michael & Margaret Liscio, Lot 12, Block 2, Ocean Isle
Estates, Subdivision, Key Largo, Real Estate Number
00538420.000000. (One public hearing required) VIEW
3:00 P.M. P. PUBLIC HEARINGS - CONTINUED
4. Public hearting to consider a request for Administrative Relief
from John Landers, Lot 4, Block N/A, Paradise Point Cove
Subdivision, Key Largo, Real Estate Number 00514040.000000.
(One public hearing required) VIEW
5. Public hearting to consider a request for Administrative Relief
from David Thompson, Lot 32, Block 8, Key Largo Ocean Shores
Addition Subdivision, Key Largo, Real Estate Number
00499370.000000. (One public hearing required) VIEW
5:01 P.M.
Q.
PUBLIC HEARINGS
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1. A public hearing at 5:01 p.m. to consider a Budget Amendment
to the Fleet Management Fund, #504 and approval of a resolution
for unanticipated funds to increase the budget for Fund 504.
VIEW
2. A public hearing to consider an ordinance to amend the
Monroe County Land Use District Map to include the Tavernier
Historic District Overlay; Create Section 9.5-260.1, Monroe
County Code, establishing the Tavernier Historic District Overlay,
adopting by reference the Tavernier Historic Preservation
Guidelines, and requiring new development, remodeling, or
redevelopment to be based on Tavernier Historic District
Preservation Guidelines; amend Section 9.5-452 to provide new
definitions; and amend Section 9.5-456, Certificates of
Appropriateness. (One public hearing required) VIEW
3. A public hearing to consider an ordinance amending the Land
Use District Map to include the Tavernier Creek to Mile Marker
97 U.S. Highway 1 Corridor Overlay including Community Center
and creating Section 9.5-260.2, Monroe County Code; that
establishes a new land use district, the Tavernier Creek to Mile
Marker 97 U.S. Highway 1 Corridor District Overlay, adopts by
reference the "Tavernier Creek to Mile Marker 97 U.S. Highway 1
Corridor Development Standards and Guidelines", and requires
development to be reviewed and approved based on these
standards and guidelines. (One public hearing required) VIEW
4. A public hearing to consider an ordinance to create section 9.5-
123.1 and revise section 9.5-4 and section 9.5-266 of the Monroe
County Land Development Regulations. 3The Planning
Department is requesting that this item be postponed to the
October 19, 2005 Board meeting because the Planning Commission
continued the discussion of this item to the Marathon Planning
Commission meeting on September 14, 2005. VIEW
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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 12,2005.
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AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, AUGUST 17,2005
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
HlIH4 - Land Authority
F 1- Public Safety
12 - Growth Management
G lIG4 - Board of Governors
Lunch Break.
Reconvene
K 1 - Wastewater Issues
L8 - Commissioner Nelson
P lIP5 - Public Hearings
Ul/U4 - Public Hearings