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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, March 19,
2008
Marathon Government Center
2798 Overseas Highway, MM
47.5 (Gulf)
Marathon, Florida
9:00 A.M. - Regular
Meeting
10:00 A.M .- Land Authority
Governing Board
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 Mayor's
Proclamation Proclaiming the month of March 2008 as Seagrass awareness month.
VIEW
B. PRESENTATION OF AWARDS - CONTINUED
2. Presentation of Mayor's
Proclamation March 30, to April 6, 2008 as Children's Week in Monroe County.
VIEW
3.
Presentation of Mayor's Proclamation Proclaiming
Thursday, May 1,as Law Day USA in Monroe County.
VIEW
C.
BULK APPROVALS - COMMISSIONER NEUGENT
1. Approval of a resolution
establishing the option for county personnel to purchase supplemental life
insurance or dependent life insurance.
VIEW
2. Approval of a Workers'
Compensation settlement in the amount of Two-hundred twenty-five thousand
dollars ($225,000) inclusive of attorney fees and costs) for file #01091400-VB.
VIEW
3. Approval of Business Associate
Addendum: Group Health Plan with Delta Dental Insurance Company, administrator
of group dental program for Monroe County. Addendum covers security of Protected
Health Information (PHI) as required by the Health Insurance Portability and
Accountability Act of 1996 (HIPPA) Privacy Rule effective April 13, 2006. VIEW
4. Approval of First Amendment of
the Legal Services Agreement with Kelley, Kronenberg, Gilmartin, Fichtel,
Wander, P.A. to provide Legal Services and Representation in the area of
Workers' Compensation Claims for Monroe County.
VIEW
5. Approval of First Amendment of
the Legal Services Agreement with George Helm, III, P.A. to provide Legal
Services and Representation in the area of Workers' Compensation Claims for
Monroe County.
VIEW
6. Approval of Low Income Home
Energy Assistance Program Federally Funded Subgrant Agreement Number
087EA-7B-11-54-01-019 between Monroe County Board of County Commissioners and
the State of Florida, Department of Community Affairs for the provision of funds
to pay electric bills for low income clients.
VIEW
7. Approval to rent a parking lot,
evenings only, to Hyatt & Hyatt on a month to month basis, pending a lease
agreement.
VIEW
8. Approval of URS Corp. to
continue Professional Services as General Airport Consultant for the Key West
and Marathon Airports, on a month to month basis, pending an extension
agreement. VIEW
9. Issuance of a Certificate of
Public Convenience and Necessity (COPCN) to the City of Marathon - Fire Rescue
for the operation of an ALS transport ambulance service.
VIEW
C. BULK APPROVALS - CONTINUED
10. Approval to purchase a cache of
radios from preferred vendor Motorola to be used by first responders and
recovery personnel during and after a disaster. The funds will proceed from the
City of Miami UASI FY 06 Memorandum of Understanding entered in May 11, 2007
(Contract # 07DS-5S-11-23-02-379) in the amount of $516,277.00; and
authorization for the Acting County Administrator to execute any other required
documentation in relation to the application process.
VIEW
11. Approval to award bid and
execute contract with E.G. Braswell Construction, Inc. for the Exterior Stair
Replacement - Joe London Fire Training Facility.
VIEW
12. Approval of modification of
the County's Purchasing Policy for commissioning of artist services.
Approval of retroactive contract for artist services
for the African Cemetery Memorial Project and modification of County purchasing
policy.
VIEW
13. Approval of receipt of monthly
report on change orders reviewed by the County Administrator's Office, and a
list of change order requests submitted by contractors, and rejected by
Engineering/Facilities Development.
VIEW
14. Approval of Amendment 6 to CAMP
DRESSER & MCKEE INC (CDM) contract to provide stormwater engineering services to
Monroe County.
VIEW
15. Approval of the wording on the
dedication plaque for the Big Pine Key Park. VIEW
16. Approval to extend PB Americas,
Inc. contract to June 7, 2008.
VIEW
17. Approval of various resolutions
for the transfer of funds and resolutions for the receipt of unanticipated
revenue.
VIEW
18. Approval to renew
Buccaneer Contract for 4th year of original 4 year Contract. To
cover period from March 16, 2008 thru March 15, 2009. VIEW
19. Authorization for the Mayor to
execute an interlocal agreement with the Monroe County Sheriff's Office for the
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Planning
Grant.
VIEW DELETE
20. Authorization for the Mayor to
execute a contract with the State of Florida Department of Children and Families
for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant.
VIEW
21. Approval of Interlocal Agreement
between Monroe County and the City of Key West to participate in the 2005 for
Disaster Recovery Community Development Block Grant (CDBG) Supplemental Funding
Program.
VIEW
C. BULK APPROVALS - CONTINUED
22. Approval of agreement with
Middle Keys Community Land Trust (MKCLT) for loan of funds for impact fees for
Woods Corner, in the amount of $53,655. VIEW
23. Approval to advertise Request
for Proposals (RFP) for lease of one aircraft hangar at the Florida Keys
Marathon Airport.
VIEW
24. Approval to advertise for a
public hearing that will be held at the April 16, 2008 BOCC meeting at 3:00
P.M., regarding the amendment of FDOT Grant 5316 that was previously approved by
the BOCC on December 19, 2007.
VIEW
25. Approval of Second
Amendment to Ground Lease Agreement between Monroe County and Sea Grape
Apartments, LTD.
VIEW
26. Approval for the
Acting County Administrator to execute the South Florida Water Management
District (SFWMD) application on behalf of Monroe County as co-applicant for an
Environmental Resource Permit for the Sea Grape Apartments affordable housing
projects, Phases I and II, and any other documents associated with this permit.
VIEW
27.
Approval to advertise a public hearing at the April 16, 2008 BOCC meeting for an
ordinance adopting the uniform method of levying a non-ad valorem assessment for
fire rescue services.
VIEW
D.
TOURIST DEVELOPMENT COUNCIL
1. Approval to Amend Agreement
with John Stuempfig to revise Exhibit B for the Yamaha Dolphin Masters
Invitational in May 2008.
VIEW
2. Approval of one (1) "At Large"
appointment to the Tourist Development Council District I Advisory Committee.
VIEW
3. Approval of one (1) "At Large"
appointment to the Tourist Development Council District V Advisory Committee.
VIEW
E. STAFF REPORTS
1.
AIRPORTS
2.
BUDGET & FINANCE
3.
COMMUNITY SERVICE
4.
EMERGENCY SERVICES
5.
EMPLOYEE SERVICES
6.
ENGINEERING
7.
GROWTH MANAGEMENT
8.
HOUSING & COMMUNITY DEVELOPMENT
9.
PUBLIC WORKS
10.
TECHNICAL SERVICES
ADJOURNMENT
10:00 A.M. F. LAND
AUTHORITY GOVERNING BOARD
1.
Approval of minutes for the February 20, 2008 meeting.
VIEW
2.
Approval of a resolution authorizing the conveyance of 304 Truman Avenue
in Key West to Bahama Conch Community Land Trust of Key West, Inc. for
affordable housing.
VIEW
3.
Approval of Addendum V to the employment contract with Mark J. Rosch as
Executive Director.
VIEW
ADJOURNMENT
G. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
1.
Approval of a draft land management plan for conservation parcels as
required by Lease Agreement No. 4549 between Monroe County and the State of
Florida.
VIEW
2.
Approval of a change order to grant Task Assignment FK-079 with Florida
Department of Environmental Protection (FDEP) to modify the type of
reimbursement allowed under the grant from "cost reimbursement" to "fixed
price".
VIEW
3.
Approval of a change order to grant Task Assignment FK-075 with Florida
Department of Environmental Protection (FDEP) to modify the type of
reimbursement allowed under the grant from "cost reimbursement" to "fee
schedule".
VIEW
4.
Approval of selection of contractors for removal of non-hurricane related
derelict vessels and marine debris, including: Coffin Marine Services Inc.,
Coral Marine Construction, ASAP Inc., Adventure Environmental Inc., and
Bluewater Marine Services Inc.
VIEW
5.
Approval of a contract with Coffin Marine Services, Inc., to provide
derelict vessel and marine debris removal services throughout the keys.
VIEW
6.
Approval of a contract with Coral Marine Construction to provide derelict
vessel and marine debris removal services throughout the keys.
VIEW
7.
Approval of a contract with ASAP, Inc. to provide derelict vessel and
marine debris removal services throughout the keys.
VIEW
8.
Approval of contract with Adventure Environmental, Inc. to provide
derelict vessel and marine debris removal services throughout the keys.
VIEW
9.
Approval of a contract with Bluewater Marine Services, Inc. to provide
derelict vessel and marine debris removal services throughout the keys.
VIEW
10.
Approval of resolution to reserve 16 affordable allocations for Caya
Place, LLC to construct 16 employee/workforce housing units in Big Pine Key.
VIEW
G. GROWTH MANAGEMENT - BULK
APPROVALS CONTINUED
11.
Retroactive approval of a grant application to the National Scenic Byways
for 1.4 million to purchase Key deer habitat along U.S. 1 in Big Pine Key;
retroactive approval is necessary due to application deadline.
VIEW
H. CLOSED SESSIONS
2:00 P.M. 1. An
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Salvatore Zappulla v. Monroe County.
VIEW
2:30 P.M. 2. An
Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Lloyd Good v. Monroe County, Case No. CA K 01-977.
VIEW
2:45 P.M.
I. SOUNDING BOARD
1. Request to speak to the Board of
County Commissioners on the vacant mosquito control hangar - Jerry Metcalf.
VIEW
J. MONROE COUNTY SHERIFF
DEPARTMENT
1. Approval of the nomination of
Dr. David Rice to the Sheriff's Shared Asset Forfeiture Fund Board (SAFF).
VIEW
K. COMMISSIONERS' ITEMS
1. COMMISSIONER
SPEHAR - Approval to transfer remaining balance in the Employee Housing Fair
Share Impact Fee Trust Fund to Growth Management Department to reimburse past
waiving of fees for affordable housing. Amount is $116,593.00
VIEW
2.
COMMISSIONER SPEHAR - Approval of a Resolution supporting and
encouraging the enactment of Senate Bill 1634.
VIEW
3. COMMISSIONER SPEHAR -
Approval of a Resolution of the Board of County Commissioners acknowledging the
environmental impacts associated with the anchorage at Boca Chica harbor,
addressing the issue of derelict and abandoned vessels, and directing staff to
evaluate the potential of establishing a managed mooring field and pumpout
facilities to serve boaters and protect the marine environment.
VIEW
4. MAYOR McCOY - Approval to
reappoint Debbie Barsell to the South Florida Workforce Board.
VIEW
5. MAYOR McCOY - Approval to
reappoint Gregg Talbert to the South Florida Work Force Board.
VIEW
K. COMMISSIONERS' ITEMS
- CONTINUED
6. COMMISSIONER MURPHY -
Appointment of Bill Moore to the Marine & Port Advisory Committee, term to
expire on 5/16/2010. Mr. Moore will fulfill the term of Ben Iannotta who
resigned in January, 2008.
VIEW
10:45 A.M. 7.
COMMISSIONER NEUGENT - A presentation by FIRM (Fair
Insurance Rates in Monroe) regarding what is at stake this legislative session
in Tallahassee considering the current rates are set to expire December 31,
2008.
VIEW
8.
COMMISSIONER NEUGENT
- Approval by the Board of County Commissioners to appoint Jeb Hale to the
Planning Commission to replace Sherry Popham to expire 11/15/09.
VIEW
9.
COMMISSIONER DIGENNARO
- Approval of reappointment of Mr. Pat Wells to the Marine & Port Advisory
Committee.
VIEW
10.
COMMISSIONER DIGENNARO
-Approval of reappointment of Mr. F. Paul Koisch to the Marine & Port Advisory
Committee.
VIEW
11.
COMMISSIONER DIGENNARO
-Approval of Resolution in support of telemedicine utilizing advanced technology
as a key tool to bring better health care and health education to Florida's
rural communities.
VIEW
11:30 A.M. 12.
COMMISSIONER DIGENNARO -Report on Pigeon Key operations by Jim Rhyne,
Executive Director, Pigeon Key Foundation.
VIEW
13. COMMISSIONER MURPHY - Approval
of a Resolution by the BOCC to certify that Habitat of Humanity of the Upper
Keys, Inc. complies with County rules and regulations. This resolution will
enable Habitat for Humanity of the Upper Keys, Inc. to apply for participation
in the State of Florida's Community Improvement Act of 1980.
VIEW
L. COUNTY CLERK
1.
Report
2. Official approval of the Board of
County Commissioners minutes from the Regular BOCC meeting of January 16, 2008
and Special BOCC meeting of January 25, 2008 (previously distributed)
3. Approval of Warrants.
VIEW
4. Approval of Tourist Development
Council Expenditures for the month of February, 2008.
VIEW
5. Approval to destroy pas BOCC
related records for the period 1985 through 1998. A Records Disposition Document
has been completed as required by the State of Florida General Records for Clerk
of Courts, Bureau of Archives Records Management. All Board agenda backup
material has been scanned or filmed.
M. COUNTY ADMINISTRATOR
1. Report
2. Approval of a Resolution Authorizing
the temporary closing of the Northbound Lanes of US1 from mile marker 98.2 to
mile marker 100 from 10:00 a.m. for the Annual 4th of July Parade
sponsored by The Reporter Newspaper.
VIEW
N. COUNTY ATTORNEY
1. Report
2. Approval of disposal of
American Law Reports reference books in County Attorney's Office, by sale on
E-Bay (through personal account unless County has an E-Bay account) with
proceeds less costs of disposal, fully documented, to be remitted to County, or
such other method as is anticipated to obtain the best price.
VIEW
3. Approval of a Resolution
setting date, time and place for a public hearing concerning the proposed
abandonment of a portion of Calle Bogota of the Plat of SUMMERLAND BEACH,
Addition #7, recorded in Plat Book 4, Page 74, of the Public Records of Monroe
County, Florida.
VIEW
4. Approval of proposed Settlement
Agreement between Alexander D. Schroeder and Monroe County.
VIEW
5. Authorization to institute
collection proceedings and/or enter settlement negotiations with George
Smith, Jr. and Edna Smith in Code Enforcement Case CE06090065.
VIEW
6. Authorization to institute
collection proceedings and/or enter settlement negotiations with Arthur Mehr in
Code Enforcement Case CE06100026.
VIEW
7. Authorization to institute
collection proceedings and/or enter settlement negotiations with Martha
Hardin c/o N. Kelley in Code Enforcement Case CE05080141.
VIEW
8. Approval of the Settlement
Agreement with Robert B. Carpenter, Code Enforcement Case CE06060139 in the
amount of $20,000.00.
VIEW
9. Approval of payment of invoices
from Paul Hastings for services rendered in Collins v. Monroe County, Case No.
04-379-CA-K which total $37,642.50.
VIEW
10. Authorization for the County
Attorney to make an offer of judgment in the amount of $100.00 for the purpose
of resolving the matter of 0111 LLC v. Monroe County, CA P 07-858.
VIEW
11. Approval of Amendment to legal
services agreement with the firm of Stephen J. Moore, P.C. to add
the timekeeper Elizabeth A. Moran as an additional timekeeper and to reflect new
hourly rate.
VIEW
N. COUNTY ATTORNEY -
CONTINUED
12. Approval of resolution
establishing a policy for responding to complaints by the Florida Ethics
Commission.
VIEW
13. Approval of amendment to Legal
Consulting Services Agreement with White & Smith, LLC to authorize up to
an additional $50,000.00 in fees under the agreement.
VIEW
14. Approval of a Resolution
authorizing the Board to designate fee appraisers to establish the value of
identified County-owned real property being considered for possible sale,
establishing the qualifications required for fee appraiser designation and
defining allowable usage of fee appraiser services by County staff or
potential purchasers.
VIEW
15. Approval to advertise a public
hearing for an Ordinance to impose a ninth-cent local option motor and special
fuel ("gas") tax.
VIEW
16. Approval to advertise a public
hearing for an Ordinance to impose a five-cent local option motor and special
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
17. Discussion of issues related to
two pending ethics complaints.
VIEW
18. Approval of
settlement agreement in the matter of South Florida Employment and Training
Consortium v. Agency for Workforce Innovation, DOAH Case No. 06-433 and payment
of $22,988.57 to resolve that dispute.
VIEW
19. Approval to file
Petition for Writ of Certiorari in the Third District Court of Appeal, to Review
a decision of the Circuit Court in the case of Mattson v. Monroe County.
VIEW
20. Approve the
Settlement Agreement between Monroe County Code Enforcement and Victor Mills,
Jr. and Cynthia Mills.
VIEW
3:00 P.M. O. PUBLIC
HEARINGS
1.
A Public Hearing to satisfy public input grant application requirements
and ratification of Resolution No. 498-2007, Resolution No. 499-2007 and
Resolution No. 500-2007 approved by the Board 12/19/07 authorizing the signing
and submission of three (3) Federal Transit Administration grant applications to
purchase two (2) transportation buses, twelve (12) mobile data terminals and
software/hardware for twelve (12) mobile data terminals and acceptance of any
subsequent grant awards.
VIEW
2.
A Public Hearing to consider Approval of a resolution establishing a Code
Compliance Fee for each building permit issued by the Monroe County Building
Department.
VIEW
3:00 P.M. O. PUBLIC
HEARINGS - CONTINUED
3.
A public hearing to consider a DCA transmittal resolution at the request
of the Planning and Environmental Resources Department to amend the subject
property's Future Land Use Map (FLUM) designation from Mixed Use/Commercial (MC)
to Recreation (R), Real Estate Number 00286360.000000 in accordance with Policy
1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and ¤9.5-511 of the
Monroe County Code.
VIEW
4.
A public hearing to consider a DCA transmittal resolution at the request
of the Monroe County Planning & Environmental Resources Department to amend the
subject property's Future Land Use Map (FLUM) designation from Residential
Conservation (RC) to Recreation (R) Real Estate Number 00211090.000000 and
00211100.000000 in accordance with Policy 1201.4.2 of the Monroe County Year
2010 Comprehensive Plan and Section 9.5-511 of the Monroe County Code.
VIEW
5.
A public hearing to consider a DCA transmittal resolution by the Board of
County Commissioners approving the request by Crown Four, LLC, on behalf of the
Trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter
Abrahamsen and Lucky's Landing Inc., to amend the subject property's Future Land
Use Map (FLUM) designation from Institutional (INS) to Mixed Use/Commercial (MC)
Real Estate Nos. 00214960.000000, 00214960.000100 and part of 00214970.000000 in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan
and ¤9.5-511 of the Monroe County Code.
VIEW
6.
A public hearing to consider a DCA transmittal resolution at the request
of the Dancing Bear Properties LLC to amend the subject property's Future Land
Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use/Commercial
(MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and ¤9.5-511 of the Monroe County Code.(Staff requests
that this item be continued to the May 21, 2008 BOCC Meeting in Key Largo)
VIEW
7.
A public hearing to adopt an ordinance by the Monroe County Board of
County Commissioners amending the Land Development Regulations Section 9.5-45
concerning noticing provisions.
VIEW
8.
A public hearing to adopt an ordinance by the Monroe County Board of
County Commissioners amending the Land Development Regulations by adding Section
9.5-266(b)(4)a. to clarify that inclusionary housing requirements may be met
through the deed-restriction of existing dwelling units as affordable in lieu of
construction new units.
VIEW
3:00 P.M. O. PUBLIC
HEARINGS - CONTINUED
9.
Approval of an ordinance of the Monroe County Board of County
Commissioners amending Section 9.5-251 concerning appeals from administrative
actions to change the appeal period from thirty (30) working days to thirty (30)
calendar days.
VIEW
10.
Public hearing to consider approval of a development agreement at the
request of Reed & Company Development Services, Inc. on behalf of Northstar
Resorts Enterprises, Inc. in order to provide the developer with 110 affordable
Rate of Growth Ordinance (ROGO) allocations, agreeing to restrict these units to
affordable employee housing, the developer proposes to donate 47 permanent
market ROGO exemptions to Monroe County.
VIEW
11.
A public hearing to consider approval of a development agreement at the
request of Chico Enterprises, Inc. in order to provide the develop with six (6)
affordable employee Rate of Growth Ordinance (ROGO) allocations and allowing the
developer to transfer six (6) lawfully established market rate ROGO exemptions
from the subject parcels to other parcels in the upper keys subarea to be built
as market rate units.(Staff is requesting this item be continued to the May
21, 2008 BOCC meeting in Key Largo due to incomplete documentation)
VIEW
12.
A public hearing to consider an amendment to the Land Development
Regulations for Monroe County concerning a lawfully established and equitably
vested resale price for deed-restricted affordable housing; revising Section
9.5-4 to define the lawfully established and equitable vested resale price to be
applied to sale and re-sale prices of deed-restricted affordable housing.(Staff
is requesting that this item be withdrawn at this time)
VIEW
13.
A public hearing to consider an ordinance adopting amendments to the
Monroe County Land Development regulations to revise Section 9.5-4 entitled
"Essential Services Personnel" and "Workforce Housing" and adding definitions.
(Staff is requesting that this item be withdrawn at this time)
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, March 14, 2008
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