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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 all time approximate items are
listed in bold.
Wednesday, January 28,
2009
The Harvey Government Center
at Historic Truman School
1200 Truman Avenue
Key West, Florida
9:00A.M. - Regular
Meeting
3:00 P.M. - Public
Hearings
TIME APPROXIMATE REGULAR MEETING
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 Mark Anderson, Sr. Technician,
Maintenance, Facilities Maintenance, Public Works Division.
VIEW
B. PRESENTATION OF AWARDS -
CONTINUED
2. Presentation of Employee
Service Award for the Month of November 2008 to Christine Thompson, Systems
Analyst, Technical Services Division.
VIEW
3. Presentation of the Employee
Service Award to Mike Nalepa, Construction Inspector Supervisor, for the month
of September 2008.
VIEW
4. MayorÕs Proclamation
declaring the month of February 2009 as Water Quality Awareness Month.
VIEW
5. MayorÕs Proclamation
declaring the first week of February 2009 as Bahama Conch Community Land Trust
Week.
VIEW
6. MayorÕs Proclamation
declaring January 28, 2009 as Tanju Mishara Day.
VIEW
C.
BULK APPROVALS - COMMISSIONER CARRUTHERS
1. Approval of a WorkersÕ
Compensation Settlement in the amount of Fifty-five thousand dollars,
$55,000.00 (inclusive of attorney fees) for file #05021200-GB. VIEW
2. Approval of Resolution
authorizing the District 16 Medical Examiner to establish fees to be charged to
third parties for specific services.
VIEW
3. Approval for Orion Bank to
continue to rent space at the Key West International Airport, for an Automated
Teller Machine on a month to month basis pending a lease extension agreement.
VIEW
4. Approval for the
Transportation Security Administration to continue to occupy space at the Key
West International Airport on a month to month basis, pending a supplemental
lease agreement.
VIEW
5. Approval to advertise a
Request for Qualifications for Airport Consultant Services, for the Key West
International Airport, and the Florida Keys Marathon Airport. Approval for
Airport Staff to review responses and provide a short list of three firms who
will deliver brief presentations to the Board.
VIEW
6. Approval of a Renewal
Agreement by and between the Board of County Commissioners of Monroe County,
Florida and Emergency Medical Sciences Academy, Inc. (EMS Academy) to provide an
emergency medical services (EMS) training environment.
VIEW
7. Approval to submit grant
applications to the Florida Department of Health, Bureau of Emergency Medical
Services, to fund EMS related equipment and to have the applications signed by
the proper County authorities.
VIEW
8. Approval to refund $200.00 to
Clyde Allen (A Natures Sanctuary, Inc.) to adjust the price he paid for surplus
County Unit #3200-098.
VIEW
C. BULK APPROVALS - CONTINUED
9. Approval to award
Public Works surplus items as described in attached Recap of Bid Opening on
December 4, 2008. (Items 1, 3, 4, 6, 7, 9, 10, 15, 16, 18, 19, 24, 27, 28, 31,
32, 33, 34, 35, 41, 44, 45, 47, 49, 56, 57, 58, 59, 60, 61, and 62).
VIEW
10. Approval to transfer title to
County vehicle number 0903-1007 (serial number 1D7HA16K02J224760) to the Monroe
County SheriffÕs Office.
VIEW
11. Approval to transfer title to
County vehicle number 0940-515 (serial number 1B7HC16X1XS231377) to the Monroe
County School Board.
VIEW
12. Approval to transfer title to
County vehicle number 1419-087 (serial number 2FAFP71W9XX109382) to the
Sugarloaf Volunteer Fire Department.
VIEW
13. Approval of Amendment to
Franchise Agreement with Waste Management, Inc. of Florida, permitting the
Franchisee to collect regular vegetative waste at the same time that residential
solid waste is collected.
VIEW
14. Request for BOCC approval to
initiate bid process for the food service contract currently held by GA Food
Service, Inc. which provides food to both the Nutrition Department and Bayshore
Manor.
VIEW
15. Approval of an amendment to
the agreement between Monroe County Community Transportation
Coordinator/Guidance Clinic of the Middle Keys and Monroe County Board of County
Commissioners for contract period of 01/01/2008 through 12/31/2008.
VIEW
16. Approval of the receipt of
monthly report on change orders reviewed by the County AdministratorÕs Office.
VIEW
17. Approval for the installation
of a streetlight at the intersection of US1 and Raffy Road, MM 21, Cudjoe Key.
VIEW
18. Approval to negotiate a
contract with Architects Design Group, Inc., for professional services for the
design, contract documents, and project administration of the Monroe County
Emergency Operations Center in Marathon.
VIEW
19. Approval of various
resolutions for the transfer of funds and resolutions for the receipt of
unanticipated revenue.
VIEW
20. Approval to advertise a public
hearing for a Budget Amendment for One Cent Infrastructure Sales Tax Fund 304,
2003 Revenue Bonds Fund 307, 2007 Revenue Bond Fund 308 and Big Coppitt
Wastewater Project Fund 310.
VIEW
21. Approval of a new contract
with Buccaneer Courier for a period of two years commencing on March 16th
, 2009 and ending on March 15th 2011 with an option to renew for 2
additional 2 year periods. The current contract for Monroe CountyÕs courier
service expires on March 15, 2009.
VIEW
C. BULK APPROVALS - CONTINUED
22. Approval of Funding Agreement
with State of Florida, Department of Emergency management for reimbursement of
expenses related to Tropical Storm Fay.
VIEW
23. Approval of Funding Agreement
with State of Florida, Department of Emergency Management for reimbursement of
expenses related to Hurricane Ike.
VIEW
D.
TOURIST DEVELOPMENT COUNCIL
1. Approval is requested to
advertise FY 2010 Event RFP.
VIEW
2. Approval is requested to
advertise TDC FY 2010 Capital Project RFP.
VIEW
3. Approval to rescind Agreement
with Dolphin Research Center, Inc. for their Parking Lot Project in an amount of
$33,000.
VIEW
4. Approval of an Agreement with
Upper Keys Business Group, Inc. covering the Key Largo Food & Wine Festival
between July 31, 2009 and August 8, 2009, in an amount not to exceed $15,000,
DAC V, FY 2009 Event Resources.
VIEW
5. Approval of an Agreement with
Key West Business Guild, Inc. covering Womenfest on September 8-13, 2009 in an
amount not to exceed $20,000, DAC I, FY 2009 Event Resources.
VIEW
6. Approval of an Agreement with
Phil PetersonÕs Key West Poker Run LLC covering the Phil PetersonÕs Key West
Poker Run on September 17-21, 2009 in an amount not to exceed $35,000, DAC I, FY
2009 Event Resources.
VIEW
7. Approval of an Amendment to
Agreement with Redbone, Inc. to revise Exhibit B (budget) of the Agreement
covering the Mercury SLAM Celebrity Tournament.
VIEW
8. Approval of an Amendment to
Agreement with Capt. Terry Fisher covering the Captain Leon Shell Memorial
Sailfish Tournament to revise dates of event to February 27-March 1, 2009.
VIEW
9. Rescind Agreement with
Florida Keys Land & Sea Trust, Inc. for the production of the Bahamian Heritage
Festival in January/February, 2009.
VIEW
10. Approval of an Agreement with
Key West Tourist Development Association, Inc. covering Fantasy Fest 2009
between October 23-November 1, 2009 in an amount not to exceed $108,000, FY 2009
Event Resources.
VIEW
E. STAFF REPORTS
1.
AIRPORTS
2.
BUDGET & FINANCE
3.
EMERGENCY SERVICES
4.
EMPLOYEE SERVICES
5.
ENGINEERING
6.
GROWTH MANAGEMENT
7.
PUBLIC WORKS
8.
TECHNICAL SERVICES
F. ENGINEERING
1. Request approval of Third
Amendment to Supplemental Agreement for Road and Bridge Funds between Islamorada
and Monroe County, to extend the termination date of the agreement and allow
additional time for the Village to make roadway improvements funded by the
County.
VIEW
2. Discussion on Solid Waste
Analysis Report.
VIEW
G. CLOSED SESSIONS
2:00 P.M. 1. An
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Lloyd Good v. Monroe County, Case No. CA K 01-97.
VIEW
2: 20 P.M. 2. An
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Monroe County v. Bender & Associates, CA K 03-915.
VIEW
2:40 P.M. 3. An
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Galleon Bay vs. Monroe County v. State of Florida, CAK-02-595.
VIEW
H. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
1.
Approval of a resolution confirming the action taken by the BOCC at a
public hearing during the meeting of December 17, 2008, awarding Administrative
Relief to JudiÕs House Inc. in the form of a residential market rate ROGO
allocation on Parcel 7, White Heron Estates A Condominium, Sugarloaf Key RE#
00172070.000700 with the condition that the owner grant a conservation easement
to Monroe County on Parcels 4 & 5, White Heron Estates A Condominium Sugarloaf
Key, RE# 00172070-000400 and 00172070-000500.
VIEW
H. GROWTH MANAGEMENT - CONTINUED
2.
Approval of a contract amendment to Contract PL-029 (now #08150) to
change the grantor from Florida Department of Environmental Protection (FDEP) to
Florida Fish and Wildlife Conservation Commission (FWC) and to modify the type
of grant reimbursement allowed under the contract to include "cost
reimbursement".
VIEW
3.
Approval of Easement by and between Monroe County and Islander Village,
LLC., grantors and the Key West Resort Utilities, Corp. Grantee and rescission
of easement previously granted on November 19, 2008.
VIEW
4.
Direction is requested from the Board of County Commissioners concerning
Ordinance 023-2008 pertaining to gross acreage density calculations for
affordable, employee and workforce housing; which amends the text of the Year
2010 Comprehensive Plan to allow maximum net density calculations for
affordable, employee, and workforce housing to be calculated on a gross acreage
basis while retaining open space, setback and buffering requirements. VIEW
5.
Execution of Consent to Assignment by the Monroe County Board of County
Commissioners consenting to the collateral assignment by Northstar Resort
Enterprises Corp. (Northstar) to both Biscayne Bank and to Spectrum Mortgage
Group Inc.
VIEW
6.
Approval of resolution adopting amendments to the Local Housing
Assistance Plan to include Incentive Strategies required by F. S. 420.90.76.
VIEW
1:30 P.M. I. WASTEWATER ISSUES
1. Report to update the
status of Wastewater projects through December 2008. VIEW
2. Approval to execute
Florida Department of Environmental Protection (FDEP) Fiscal Year 2008-2009
Grant Agreement for $100,000.
VIEW
3. Discussion and approval of 2009 update
to Monroe County Sanitary Wastewater Master Plan that delineates boundaries of
the Cudjoe Regional centralized wastewater treatment system.
VIEW
J. MONROE COUNTY SHERIFF
DEPARTMENT
1. Approval of a request for
expenditure form Law Enforcement Trust Fund.
VIEW
K. MONROE COUNTY HOUSING
AUTHORITY
1. Approval of a resolution of
the Board of County Commissioners of Monroe County, Florida approving a revision
to the Local Housing Assistance Plan, Homebuyer Assistance Strategy and
providing for an effective date.
VIEW
2. Approval of a resolution of
the Board of County Commissioners of Monroe County, Florida, correction a
scrivenerÕs error contained in Resolution No. 108-2008.
VIEW
L. COMMISSIONERSÕ
ITEMS
1. MAYOR
NEUGENT - Discussion of Florida Keys Commercial Fisherman request of
support from the Board of County Commissioners on their request of waiving of
Spiny Lobster Tag Fee for 2009 from the Florida Fish & Wildlife Commission.
VIEW
2. MAYOR
NEUGENT - Discussion by the Board of County Commissioners regarding
future policy on the naming of public buildings.
VIEW
3.
COMMISSIONER WIGINGTON - Approval of Appointment of John Hernandez to
the Community Development Block Grant (CDBG) Citizens Advisory Task Force. Term
Ending 1/28/13.
VIEW
4.
COMMISSIONER DI GENNARO - Approval to reappoint Tom Neville to the Duck
Key Security District Advisory Board.
VIEW
5.
COMMISSIONER CARRUTHERS - Approval of the reappointment of Michael
Shields to the Library Advisory Board.
VIEW
6.
COMMISSIONER CARRUTHERS - Approval of the appointment of Jeffrey A.
Harwell to the Art in Public Places Committee.
VIEW
7.
COMMISSIONER CARRUTHERS - Approval of the appointment of Tracey Holst to
the Community Development Block Grant Citizens Task Force.
VIEW
8.
COMMISSIONER CARRUTHERS - Resolution of the Board of County
Commissioners of Monroe County, FL to recognize the need for the United States
Postal Service to maintain current levels of service in Key West and the Keys.
VIEW
9.
COMMISSIONER CARRUTHERS - Discussion regarding alternating the order of
roll call voting at BOCC meetings.
VIEW
10.
COMMISSIONER CARRUTHERS - Discussion and
subsequent amendment to the Administrative Procedures regarding seating order of
the Commission at the BOCC meetings.
VIEW
L. COMMISSIONERSÕ
ITEMS - CONTINUED
11. COMMISSIONER
CARRUTHERS - Discussion concerning staff review of FDOT plans for Big
Coppitt to ensure that traffic patterns are safe and adequate to
accommodate current traffic levels and potential additional trips resulting from
the two new Habitat for Humanity affordable housing developments, a potential
Coconut Cove development in Big Coppitt and the additional Habitat development
planned for Cudjoe. Designate staff responsible for review and establish
timetable to update the Board as to staff findings and action taken.
VIEW
12. COMMISSIONER
DI GENNARO - Approval of appointment of Derrick Johnson to the Community
Development Block Grant (CDBG) Citizens Task Force as the District 4
Representative.
VIEW
13. COMMISSIONER CARRUTHERS - Discussion and direction
regarding recycling in County-owned buildings and possible recycling initiatives
in conjunction with waste removal contracts Countywide.
VIEW
15. COMMISSIONER MURPHY - Approval of the appointment of
Anna Nickerson to the Community Development Block Grant (CDBG) Citizens Advisory
Task Force to a four year term.
VIEW
16. COMMISSIONER DI
GENNARO - Discussion and direction regarding current status of County
insurance issues.
VIEW
17. COMMISSIONER
DI GENNARO - Discussion and Board authorization of a written request to
FEMA introducing Resolution #513-2008 and requesting a meeting following the
next BOCC Regular meeting on February 18, 2009. Letter from BOCC will be
accompanied by letters of support from Congresswoman Ileana Ros-Lehtinen and
State Representative Ron Saunders. County staff is asked to compile revised
implementation options and work with interested parties, as per the
aforementioned resolution, for BOCC approval to propose to FEMA by the next BOCC
meeting. A formal meeting with FEMA will not occur until that time.
VIEW
M. COUNTY CLERK
1.
Report
2. Official approval of the BOCC
minutes from the Special BOCC meetings held on December 3, and 8, 2008 and
Regular BOCC meetings held on November 19 and December 17, 2008 (previously
distributed).
3. Approval of Warrants.
VIEW
M. COUNTY CLERK - CONTINUED
4. Approval of Tourist
Development Council Expenditures for the month of December, 2008.
VIEW
5. Approval to remove surplus
equipment from inventory via disposal or advertise for bid.
VIEW
6. Consideration by the Board to
rescind the approval of an Interlocal Agreement between Monroe County, and
the Florida Keys Aqueduct Authority, and the municipalities of Key West,
Islamorada, Layton, Key Colony Beach and Marathon for
multi-jurisdictional coordination and cooperation regarding water supply, use
and reuse and alternative water supplies.
VIEW
7. Approval of Public
Official Bond for Danny L. Kolhage, Monroe County Clerk of Court.
N. COUNTY
ADMINISTRATOR
1. Report -
VIEW
2. Approval to rescind and to
reappoint a Commissioner to the South Florida Water Management District.
VIEW DELETE
3. Approval of Public Official
Bond for Danise Henriquez, Monroe County Tax Collector.
VIEW
4. Discussion and approval of
one appointment to the Historic Preservation Commission.
VIEW
5. Approval to award Monroe
County Health Department surplus items as described in attached Recap of Bid
Opening on December 4, 2008. (Items 50, 51 and 52).
VIEW
6. Approval/confirmation of
AdministratorÕs appointment of Robert G. Nix as the Senior Director of Planning
and Environmental Resources.
VIEW
7. Approval to move forward on
the County AdministratorÕs Strategic Planning Initiative.
VIEW
8. Approval of Lease Agreement
with Southernmost Homeless Assistance League (SHAL) for office space located in
the Gato Building, 1100 Simonton Street, Key West.
VIEW
9. Discussion and direction to
staff regarding Federal & State lobbying efforts.
VIEW
10. Approval/confirmation of
AdministratorÕs appointment of James Callahan as Monroe County Fire
Chief/Division Director.
VIEW
11. Discussion and direction of
potential regionalization of Fire Rescue services.
VIEW
O. COUNTY ATTORNEY
1. Report. (To be provided)
2. Direction re RFP for air ambulance
services.
VIEW
O. COUNTY ATTORNEY -
CONTINUED
3. Approval to advertise a public hearing
for an Ordinance to impose a five-cent local option motor fuel ("gas") tax; to
clarify the statutory authority for the existing six-cent "gas" tax, and to
revise the distribution language for the existing "gas" tax since municipalities
have incorporated since the prior ordinance was enacted.
VIEW
4. Approval to advertise a public hearing
for an Ordinance to impose a ninth-cent local option motor and special fuel
("gas") tax.
VIEW
5. Approval of Seventh Amended Settlement
Agreement in Richard M. Osborne & Conch Contrada LC v. Monroe County & Joe
Paskalik, CA K 01-108.
VIEW
6. Request by property owner Michael
Cristler for further mitigation of fines in Code Enforcement Case CE05050056.
VIEW
7. Approval to invoke the Florida Supreme
CourtÕs discretionary jurisdiction to review the Third DCAÕs decision in
Collins, et. al. v. Monroe County and State of Florida 3D07-1603 (Lower Tribunal
No. 04-379), dated December 31, 2008. VIEW
8. Authorization to institute collection
proceedings and/or enter settlement negotiations with Adam Harper in Code
Enforcement Case CE06090198.
VIEW
9. Approval to schedule an
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Tropex Construction Service, Inc. vs. Monroe County, CA P 06-44 to be
held at the regularly scheduled meeting in Key Largo on February 18, 2009. VIEW
10. Waiver of potential conflict of
interest for Messrs. Robin Lockwood and George Galvan, members of District
Advisory Committee to the TDC (District 1).
VIEW
11. Request by property owner HSBC Bank USA
for mitigation of fines in Code Enforcement Cases CE07060155 and CE07070042 to
$5,300.00.
VIEW
12. Approval of assignment of Certificate
of Destruction to Florida Keys Towing, and authorization for County
Administrator to execute the assignment.
VIEW
13. Direction as to the number of EDUÕs or
units to be exempted from system development charges of Key Largo
Wastewater District (KLWTD) for Burton Drive Affordable Housing Project.
VIEW
14. Approval of amended budget for the
legal services of Kaplan, Kirsch and Rockwell raising the not to exceed amount
from $75,000 to $77,815.
VIEW
15. Approval of Resolution to extend the
default date for the SHIP mortgage issued to Woods Corner.
VIEW
O. COUNTY ATTORNEY -
CONTINUED
16. Approval to advertise a public hearing
for the purpose of adopting and implementing a Monroe County False
Claims Ordinance to deter persons from causing Monroe County to pay claims that
are false, fraudulent or inflated and providing enforcement and providing
penalties including damages for the submission of false claims to the
county.
VIEW
17. Approval of settlement agreement in
Monroe County v. Bender and Associates, P.A., et al., CA K 03-915.
VIEW
18. Approval to file lawsuit for injunctive
relief against The Martinez Family Trust and Leo Miller.
VIEW
19.
Approval of First Amendment to Lease Between Strombus
Corporation and Monroe County, Florida, on Behalf of Public Defender Offices.
VIEW
3:00 P.M. P. PUBLIC
HEARINGS
1. A public hearing to
consider adoption of an Ordinance adopting a new Code of Ordinances
(re-codification of existing Monroe County Code) for Monroe County, Florida.
VIEW
ADA Assistance: Anyone needing special assistance at the Board of County
CommissionersÕ meeting due to a disability should contact the County
AdministratorÕs office at 292-4441 by 12:00 p.m. on Friday, January 23, 2009.
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