01/18/2006 Agenda
REVISED 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 aD time approximate items are listed in bold.
Wednesday, January 18,2006
The Harvey Government Center
at Historic Truman School
1200 Truman Avenue
Key West, Florida
9:00AM. - Regular Meeting J
10:00 AM.- Land Authority Governing Board
3:00 P.M. - Public Hearings
5:01 P.M. - Public Hearings
TIME APPROXIMATE REGULAR MEETING
9:00 AM. CALL TO ORDER
INVOCATION
SALUTE TO FLAG
jA ADDmONS, CORRECTIONS, DELETIONS
1 /
B. jSENTATIONOF AWARDS
. Presentation of Years of Service Award for 20 years of service to
Monroe County to William Wright, Heavy Equipment Operator,
Road Department, Public Works Division. VIEW
C. BULK APPROVALS - COMMISSIONER NEUGENT
)1 Approval to enter into a 60 month lease agreement with Xerox for
a new Work Centre Pro 3545 for 60 months at $540.55 per month
to replace the copier currently being used at Emergency Services.
This lease agreement is a State of Florida contract with Putnam
County MAC Contract 071736301. VIEW
jJ2. Approval of a Memorandum of Understanding (MOU) for
Expenditure of Local Government Unit Funding for Florida Type
n Technical Rescue Resource (Light Technical Rescue Team)
from 2005 Domestic Preparedness Grant State Homeland Security
Grant Program between the Florida Department of Financial
Services, Division of State Fire Marshal (SFM), and Monroe
County BOCC for its Fire Rescue Department. Funds are to be
used for planning, equipment, training, exercise and management,
administrative purchases, and activities in Domestic Preparedness.
VIEW
j:J. Approval to waive purchasing policy requiring bid process and
issue a purchase order to Wheeled Coach Industries, Inc. in the
amount of$I13,530.00 for the purchase of one 2006 Ford XLT F-
450 Type I Ambulance by piggy-backing the Florida Sheriffs
Association and Florida Association of Counties
vehicle/equipment bid contract (05-06-0823) Specification #01.
pt. VIEW
Approval oflease agreement with the U. S. Government for the
Upper Air Inflation Building site for the National Weather Service
)so at the Key West International Airport. VIEW
Approval of Purchase Service Order with URS for Key West
International Airport Hurricane Damage Assessment. VIEW
};6. Approval of Purchase Service Order with URS for Florida Keys
Marathon Airport Hurricane Damage Assessment. VIEW
J> 7. Approval for Chesapeake Bay Helicopters (CBR) to occupy space
at the Key West International Airport on a month to month basis
J8. until a formal lease can be drafted. VIEW
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW ~
J>9. Approval to amend The Adopted Fiscal Year 2006's Capital Plan ./ ~
funding allocations for funds 304 and 307. Approval of a
~~ resolution for the transfer offunds within said plan. VIEW
Approval of contract with Florida Healthy Kids Corp., whereby
Monroe County provides match for Healthy Kids program. VIEW
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2
C. BULK APPROVALS - CONTINUED
~. Approval to create two (2) new positions to operate the storm
water drainage system program. VIEW
0 ~. Approval to increase Facilities Maintenance Custodian position A
PWFM078 from part time (24/hpw) to full time (40/hpw). VIEW ~ ~
[33. Approval to extend contract with G&K Services on a month-to- )v~
month basis for Uniform Services for the Division of Public V
ft4. Works. VIEW
Approval of a Memorandum of Understanding for APS (Adult
Protective Services) Referrals between Monroe County Board of
County Commissioners (In-Home Services), The Alliance for
Aging (Aging and Disability Resource Center/Aging Resource
Center, Area Agency on Aging for Miami Dade and Monroe
~15. Counties) and the Department of Children and Families. VIEW
Approval of Amendment #005 to OAA Contract #AA-529 .(2-b
between the Alliance for Aging, Inc. (Area Agency on Aging for
Miami-Dade and Monroe Counties) and the Monroe County Board
J>t6. of County CommissionersIMonroe County Social Services. VIEW
Approval of Receipt of monthly report on Change Orders reviewed
.2> 17. by the County Administrator. VIEW
Approval to rescind agreement as approved on March 17, 2004 and
enter into a revised Addendum 1 to Memorandum of Agreement
associated with a Joint Participation Agreement with the Florida
Department of Transportation for an additional $180,000.00 for the
918. project described as CR5-A/Flagler Avenue in Key West. VIEW
Approval to use Park Impact Fees (District 2) for new roadside ~~
parks on existing roads to include picnic benches and landscaping.
~ VIEW
Approval of Request and approval to use all available Park Impact "\)
~ Fees (District 1), current amount is $771,224 for Big Pine Key \2-
Community Park, a new park which will include active recreation
on nine acres. VIEW
C7 ~o/ Approval to use Transportation Impact Fees (District 2) for Duck ". ~
Key Recreational Pathway, a new path along the commercial ~
section of Duck Key Drive which includes lighting and
/ landscaping. VIEW
C/' .2. Approval to use Transportation Impact Fees (District 3 and {l-o
.y( Countywide) fur new path along the utility easement of C 905
from US 1 to Card Sound Road. VIEW
0 2. Approval to advertise a public hearing concerning a budget
~ amendment for the General Fund, fund 001. VIEW
c:;.- . Approval of second-year contract renewal with Preferred
Governmental Claims Solutions (pGCS) for third party f' {?
administration of the Workers' Compensation Program. Current
contract expires September 30, 2005. VIEW
3 j
C. ?KAPPROVALS-CONTINUED
~' 2. Approval to pay Royal Plus Disaster Kleenup invoice in the
amount of $67,414.32, for emergency services performed for the
Key West International Airport due to damages caused by
~J/' Hurricane Wilma. VIEW
Approval of Ratification of emergency purchase order issued to
Williams Scotsman for two (2) temporary modular office units to
house employees of the Sheriff's Administrative Building due to
~ Hurricane Wilma repairs. VIEW
~ . Approval to pay invoices to JGT Transportation, Inc. for services
provided during Hurricane Wilma recovery period. VIEW
~ V Approval of Ratification of Purchase Order # 00008602 to Charley
Toppino & Sons, Inc. in the amount of $299,375.00 for emergency
road repairs due to Hurricane Wilma. VIEW
Jf8. Approval to increase the costs per stop by $10.00 each for courier
service taking it from $180.00 to $190.00 per stop. This is due to
the rising cost of fuel. VIEW
D. TOURIST DEVELOPMENT COUNCIL
C7 . V BOARD OF COUNTY COMMISSIONERS - Announcement of
, one vacant position on the Tourist Development Council pistrict-.J
Advisory Committee for an "At Large' appointment. VIEW
, 2 - BOARD OF COUNTY COMMISSIONERS - Announcement of
=-- ~ one vacant position on the Tourist Development Council District
-63. 1Y Advisory Committee for an "At Large" appointment. VIEW
Approval of an Amendment to Agreement with the Florida Keys
History of Diving Museum, Inc. to revise dates of Agreement and
-1)4. Exhibit A relating to budget expenditures. VIEW
Approval of an Amendment to Agreement with Charlotte
Ambrogio to revise dates of event from July 11-13, 2006 to July
18-20,2006. VIEW
35. Approval of an Amendment to Agreement with Conch Republic
Offshore Power Boat Racing Association, Inc. to revise the scope
of services for the Key West World Championship Race on
~6. November 13-20, 2005. VIEW
Approval to rescind funding Agreement allocation for Marathon
.67. Garden Club, Inc. VIEW
Approval of a Turn Key Funding Agreement with Middle Keys
Events Council, Inc. covering the Marathon Offshore Grand Prix
on May 11-14,2006 in an amount not to exceed $74,941, DAC nI,
FY 2006 Event Resources. VIEW
~ 8. Approval of an Amendment to Agreement with The Key Players,
Inc. to revise their Exhibit A - Schedule of Events. VIEW
4 J
D. TOURIST DEVELOPMENT COUNCIL - CONTINUED
)9. Approval of an Amendment to Agreement with Executive
Adventures, Inc. covering the World Sailfish Championship to
revise Exhibit B of the Agreement. VIEW
E. STAFF REPORTS
1. COMMUNITY SERVICES
2. EMPLOYEE SERVICES
/U) PUBLIC WORKS
~ EMERGENCY SERVICES
f.M. AIRPORTS
~ GROWTH MANAGEMENT
ENGINEERING
~ BUDGET & FINANCE
HOUSING & COMMUNITY DEVELOPMENT
ADJOURNMENT
10:00 A.M. F. LAND AUTHORITY GOVERNING BOARD
./ 1. Approval of minutes for the December 11, 1005 meeting.
/2- v:~ ~
ADJOURNMENT ."
G. DMSION OF GROWTH MANAGEMENT - BULK APPROVALS
j)1. Approval of Charles E. Miller to serve one three year term on the
Contractors' Examining Board as the second alternate voting
member. VIEW
!Jz.. Approval to reappoint Edward Werling to one additional three year
term to the Contractors' Examining Board beginning January
2006. VIEW
..!)J. Approval of Daryl L. Osborn, P.E. and Carl H. Schror to serve a
three year term as engineers to the Board of Adjustment and
Appeals Committee. VIEW
~ X Written Litigation Report DELETE
H. DMSION OF GROWTH MANAGEMENT
1:00 P.M. }' Approval of Update to the Board concerning the
ComprehensilG Everglades Restoration Plan presented by
Tom Van Lent of the Everglades Foundation. VIEW
5 /
I. SSIONERS' ITEMS
MAYOR MCCOY - Approval of authorization to waive the
$650.00 Administrative Variance fee for Laurence and Alona
Marius. VIEW
J)2. MAYOR MCCOY - Approval of a Resolution of the Board of
County Commissioners of Monroe County, Florida in recognition
11:30 AM. /- of the late COLONEL FRANK BUTLER. VIEW
COMMISSIONER NEUGENT - Discussion of the results of a
study presented to the Board of County Commissionen May
~X 19, 2004 by The Concerned Citizens of the Lower Keys. VIEW
COMMISSIONER NEUGENT -Approval from the Board of
~ County Commission to advertise a public hearing for Animal
Control Ordinance(s) to facilitate habitat/species protection on Big
Pine Key and Lower Keys as required by USF&W in the Habitat
Conservation Plan. VIEW
~5. COMMISSIONER NEUGENT - Approval of Reconsideration
of support by the Board of County Commissioners to demo and
use fill from Crane Blvd. extension for Sugarloaf School Park.
.. / VIEW
~. COMMISSIONER RICE - Update report on progress regarding
the new Joint Marathon Library construction project with the City
~ of Marathon. VIEW ?
<::...--' ~. COMMISSIONER RICE - Approval of Resolution to support
efforts of the Historic Florida Keys Foundation to include the Old
Seven Mile Bridge in America's eleven most endangered historic
~. places of the National Trust for Historic Preservation. VIEW
COMMISSIONER SPEHAR - Approval of Resolution of the
Board of County Commissioners in recognition of the late Leonard
H. Knowles. VIEW
~. COMMISSIONER SPEHAR - Approval of the appointment of 0
j Larry Hirsch to the Key West International Airport Ad Hoc ~
Committee on Noise. VIEW
COMMISSIQNER SPEJIAR. - Announcement of invitation is
extended to the Board of County Commissioners to attend the
Annual Joint Meeting of the Library Board/Friends of Library
Groups, to take place in the BOCC room of the Marathon
Government Center. The meeting is scheduled for March 21 st,
2006 at 10:30 a.m. VIEW
~ CQMMIS~IONER NELSON - Approval of Amendment to
Employee Agreement with Thomas 1. Willi, County Administrator,
raising the County Administrator's base salary by 4% to reflect
XJ2. current pay to other municipal administrators. VIEW
COMMISSIONER NELSON - Approval of a resolution
commending County administration and staff for hard work, facing
challenges of2oo5, with good humor. VIEW
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6
I. ~SSIONERS' ITEMS - CONTINUED
. COMMISSIONER SPEHAR - Dtssion of a request from
./ Bounty Fisheries, Inc. to enter into a velopmentAgreement with
~. 0 Monroe County and the Florida Department of Community Affairs
~ <1-jl. / under Chapters 163 and 380, Florida Statutes, and, if appropriate,
3. U to provide direction toStatr VIEW ~~
. .D 14. COMMISSIONER RICE - Approval ofSherri Popham to fulfill
the term of District 4 Planning Commission appointee, Mr. Lynn
Mapes. VIEW ,{ . Is'
2--.
~. ~~. v{ \..0. ~ ~ ">' i'~
1. ';}UNIT CLERK
Report
S;:':>2. Official approval of the Board of County Commissioners minutes
from the November 15 & 16, 2005 meetings (previously
g,3. distributed).
Approval of TDC expenditures for the month of December, 2005.
VIEW
J Approval to remove surplus equipment from inventory via
disposal. VIEW
C7 -Apprerlill of Consideration by the Board to rescind approval of
Sheriff's Department Deputies and Corrections Officers Wage
Plan, FY 2005-2007. VIEW
K. {UNIT ADMINISTRATOR
Report VIEW
~. Approval of Authorization to pursue purchase of Geiger Key
Marina and spend funds for appraisals. VIEW
11:00 A.M. ~ Presentation by South Florida Water Management District
__,) ~~ Director, Carole Wehle. VIEW p
c::- ?
-- t
~ t-t \.
L. ~OUNTY ATTORNEY ~...
1. Report - Written Litigation Report. VIEW , ..
~2. Approval of payment to Paul, Hastings, Janofsky & Walker, LLP
for professional legal services by Robert H. Freilich rendered in
the amount of $161,135.02 (Invoice #1464942 [$53,896.41], ~'O
Invoice #1468428 [$70,682.33] and Invoice #1481838
[$36,556.28]). VIEW
7 /
L. COUNTY ATTORNEY - CONTINUED
&3. Approval of continued legal representation by Robert H. Freilich,
Esq. of Paul, Hastings, Janofsky & Walker, LLP in the cause of f-~
Galleon Bay Corp. v. BOCC v. State of Florida, CAK-02-595, and
, payment for professional legal services rendered to date in the
~ amount of $42, 7ll7.1I (Invoice #1481876). VIEW
4 Approval of payment to White & Smith, LLC. for professional Y-~
~ega\ services rendered in the amount of $68,216.42 (Their
Invoices #222 and #239). VIEW ~ '\) ::L \ ,+. q '8
c::::::r 5. Approval of payment of hourly rate increase from $145 per hour to
$155 per hour for attorneys and from $65 per hour to $75 per hour ~ 0
for paralegals effective October 1, 2005 for professional legal 'r
services provided by Johnson, Anselmo, Murdoch, Burke, Piper & ~IT'
c;r-/ McDufl; P.A VIEW ~ ~
Approval of payment of hourly rate increase from $225 per hour to ~ ~ 1f'
$250 per hour, ~ve to March 21. ?005g for professional
c;--"zI legal services provided by Ira L. Libanoff, Esq. VIEW
Approval of a resolution elaborating on Resolution 493A, setting
forth matters to be protected in legislation to remove designation as '9--0
Area of Critical State Concern from Monroe County. VIEW
c;-- ~8. Approvaf on F"irst Amendment to Standard Legal Services e
Agreement with Jerry Coleman, Esq. to provide for John '?-
Rockwel~ Esq. to assist Mr. Coleman in providing legal services to
the County. VIEW
~i::' Approval of a Resolution declaring recommendations of the
Special Master on applications fOiilOVal of properties from
Conservation and Natural Area ( designation moot and
authorizing property owners who participated in the CNA hearings
the option of utilizing and incorporating the record created before
Special Master in public hearings of the BOCC for adoption of
Tier designations or future appeals regarding same. VIEW
C11O. Approval of settlement agreement 10 Board of County
Commissioners of Monroe County v. Jack Hagopina v. Gordon
Huglan d/b/a Elevators, Dtc. And EMR Accessibility, Inc. and
Gordon Huglan, an individual, Case No. 44-2003-CA-529-PK.
VIEW
~11. Approval of Rejection of settlement offer by Defendants to settle
Monroe County v. Dorothy Hough, et aI, CA K 05-667 for $4;55' q.,SOD.OO
and authorization for County Attorney's office to make counter for
no less than $12,470.00 plus all costs and fees incurred at the time
of settlement. VIEW
~ Id.. r-u...L -L~
~ 13. \ ,
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3:00 P.M. M. PUBLIC HEARINGS
~ Approval of Amendment to Monroe County Code Section 9.5-
4(C13.1) (C-13.2). (C-14), (C-23.1), (M14.1), (0-7.1), (S-I1.I),
Section 9.5-124(b) and Section 9.5-235(a)(8), revising and
clarifying storage provisions and deleting storage areas as a
permitted use in the Sub Urban Commercial (SC) land use
V district.(SecoDd of two pub6. bearings) VIEW
. A public hearing to consider an amendment to the Future Land Use
Map (FLUM) from Residential Low (RL) to Public <>
Buildings/Grounds (PB) for the County owned property at MM '?-
102 on USl, Re#00543060-000000.(Second of two public
} hearings) VIEW
A public hearing to consider an application submitted by Dr.
Tracey M. Baker to appeal the denial of an After-the-Fact building
/ permit application #051-3669 to remove drywall and install cement
board in a pre-FIRM ground level building.(lst of one public
hearing) VIEW AT THE REQUEST OF THE APPLICANT
THIS ITEM HAS BEEN WITHDRAWN AND STAFF
vY CONCURS.
A public hearing to consider a resolution to extend the zoning in
progress deferring the acceptance and processing of development
applications and the issuance of development approvals for the
redevelopment or conversion of ten units or more of multi-family
rental housing and/or mobile home parks and continuing this
policy until Land Development Regulations are adopted by the
County Commission, and providing for expiration within three
months after the expiration of resolution no. 320-2005, whichever
comes first. (1st of one public hearing) VIEW
\/' 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 (Affordable
Housing) of the Monroe County Land Development Regulations.
The Planning Department is requesting that this item be
continued to the February 15, 2006 Board of County
Commissioner's meeting at the Key Largo Library in Key
Largo because the Planning Commission is still considering
this item. VIEW
/
9
5:01 P.M. N. PUBLIC HEARINGS
/ A public hearing to consider an ordinance amending the Monroe
County Land Development Regulations by creating Section 9.5-
260.3, which establishes the Big Pine and No Name Keys Formula
Retail Overlay District and adopts by reference the Big Pine and
No Name Keys Formula Retail Overlay District Map(lst of two
public hearinp) VIEW
O. SOUNDING BOARD ~
2:30 P.M. 1. Request to speak to Board of County Commissioner on an ~~
Amendment to the Land Development Regulations - Mr. Jim
McClane. VIEW
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, January 13, 2006.
10 /
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDAY, JANUARY 18,2006
TIMES APPROXIMATE
~:OO A.M. Board of County Commissioners Regular Meeting
Jo:oo A.M. F I - Land Authority
~oo A.M K3 - County Administrator
\l". ~ 0 I.::>
. 2:00 P.M. Lunch Break
~OP.M. Reconvene
~o :eM. HI - Growth Management
~.M .::r.... . \ (p
01 - Sounding Board
:00 P.M. MI/M5 - Public Hearings
5:01 P.M. NI Public Hearings