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11/20/2013 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 20, 2013 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murry E. Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David P. Rice and Mayor George Neugent. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Vitia Fernandez, Deputy Clerk; County Staff, members of the press and radio; and the general public. Item A Presentation by Ananth Prasad, Secretary Department of Transportation and Gus Pego, District Six Secretary of FDOT regarding the Old 7 -Mile Bridge. State Representative Holly Raschein and Christine Hurley, Growth Management Director updated the Board regarding the Senate Bill 1770. Item B/C A presentation along with comments from fellow Commissioners was made to Mayor George Neugent. CALL TO ORDER OF 2014 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION Item D 1 The Board held the selection of the Mayor and Mayor Pro Tern for the Board of County Commissioners. Mayor George Neugent nominated Commissioner Sylvia Murphy to serve as Mayor /Chairman for the Board. Commissioner Heather Carruthers nominated Commissioner Danny Kolhage to serve as Mayor Pro Tern for the Board. There being no other nominations, said nominations were closed. Item D2 Approval of a Resolution electing the Mayor and Mayor Pro Tern for the Board of County Commissioners. Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 341 -2013 Said Resolution is incorporated herein by reference [Type text] Page 1 Item D3 Approval of a Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 342 -2013 Said Resolution is incorporated herein by reference ADDITIONS, CORRECTIONS, DELETIONS Item E Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. Bob Shillinger, County Attorney requested to delete Items 0-1, 0-2 and 0-3 from the agenda. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to set the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item F1 Presentation of Proclamation declaring December 4 th 2013 as Guidance /Care Center Day. Item F2 Presentation of Proclamation declaring November 16 -24, 2013 as National hunger and Homelessness Awareness Week. Item F3 Presentation of Proclamation declaring the month of November 2013 Pancreatic Cancer Awareness Month. BULK APPROVALS Item G1 Board granted approval for the Key West, Marathon and Key Largo Branch Libraries to close at 6:00 p.m. on Wednesday, November 27,2013. Item G2 Board granted approval of Library Policy section 5.01.J. Item G3 Board granted approval to advertise and hire for a telecommunications administrator to evaluate various telephone VoiP systems, design and implement a new VDI environment, and perform other support functions including complex troubleshooting tasks on County personal computers and mobile devices including installation, upgrades, deployment, performance tuning, etc. [Type text] Page 2 Item G11 Board granted approval to award Proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list. Item G13 Board granted approval of a Florida Division of Emergency Management (FDEM) Federally- Funded Subgrant Agreement for delivery of Emergency Management All- Hazard Planning in the amount of $18,815.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item G14 Board granted approval of a Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training (OG &T), through the State of Florida, Division of Emergency Management (FDEM) sub -grant Agreement # 14DS- C5- 11 -23 -02 -212 in the amount of $96,925.27 with no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item G15 Board granted approval to enter into a one year's Residential L ease Agreement with a Sheriff s Deputy for Location B to commence December 01, 2013 and terminate November 30, 2014. Item G16 Board granted approval of the Second Renewal Lease Agreement with the Florida Keys Outreach Coalition for 148 square feet of storage space in suite 208 on the second floor of the Department of Juvenile Justice Building, Stock Island. Item G18 Board granted approval of various Resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. Transfer of Funds (OMB Schedule Item No. 1) RESOLUTION NO. 343 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 2) RESOLUTION NO. 344 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 3) RESOLUTION NO. 345 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 4) RESOLUTION NO. 346 -2013 Said Resolution is incorporated herein by reference [Type text] Page 3 Receipt of Unanticipated Funds (OMB Schedule Item No. 5) RESOLUTION NO. 347 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 6) RESOLUTION NO. 348 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 7) RESOLUTION NO. 349 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 8) RESOLUTION NO. 350 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 9) RESOLUTION NO. 351 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 10) RESOLUTION NO. 352 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 11) RESOLUTION NO. 353 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 12) RESOLUTION NO. 354 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 13) RESOLUTION NO. 355 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 14) RESOLUTION NO. 356 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 15) RESOLUTION NO. 357 -2013 Said Resolution is incorporated herein by reference [Type text] Page 4 Receipt of Unanticipated Funds (OMB Schedule Item No. 16) RESOLUTION NO. 358 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 17) RESOLUTION NO. 359 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 18) RESOLUTION NO. 360 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 19) RESOLUTION NO. 361 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 20) RESOLUTION NO. 362 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 21) RESOLUTION NO. 363 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 22) RESOLUTION NO. 364 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 23) RESOLUTION NO. 365 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 24) RESOLUTION NO. 366 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 25) RESOLUTION NO. 367 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 26) RESOLUTION NO. 368 -2013 Said Resolution is incorporated herein by reference [Type text] Page 5 Receipt of Unanticipated Funds (OMB Schedule Item No. 27) RESOLUTION NO. 369 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 28) RESOLUTION NO. 370 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 29) RESOLUTION NO. 371 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 30) RESOLUTION NO. 372 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 31) RESOLUTION NO. 373 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 32) RESOLUTION NO. 374 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 33) RESOLUTION NO. 375 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 34) RESOLUTION NO. 376 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 35) RESOLUTION NO. 377 -2013 Said Resolution is incorporated herein by reference Item G19 Board granted approval of a General Fund Transfer for the Sheriff. to transfer funds for FY13 between functional distributions in accordance with F.S. Chapter 30.49(2)(a). Item G30 Board granted approval of Wastewater Treatment Plant Maintenance Agreement with Conch Wastewater, Inc, for the Florida Keys Marathon Airport at a Monthly cost of $603.32. Item G31 Board granted approval to increase hours of the Safety Officer position #ESSF001 from 20 hours per week to 40 hours per week. [Type text] Page 6 Item G33 Board granted 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. Item G34 Board granted approval of an agreement between Monroe County Homeless Services Continuum of Care and Monroe County Board of County Commissioners (Social Services) to track accurate and up -to -date information about the homeless and at -risk population from 9/30/2013 through 10/01/2014. Item G35 Board granted approval of Amendment #001 to the Home Care for the Elderly (HCE) Contract #KH 1372 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14. Item G36 Board granted approval of Amendment #009 of the Alliance for Aging, Inc, Standard Contract, Older Americans Act (OAA) Contract AA -1329 between the Alliance For Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In Home and nutrition programs) for the current contract period of 1/1/13 to 12/31/13. Item G37 Board granted approval of Amendment #008 of the Alliance for Aging, Inc, Standard Contract, Older Americans Act (OAA) Contract AA -1329, between the Alliance For Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In Home and nutrition programs) for the current contract period of 1/1/13 to 12/31/13. Item G38 Board granted approval of Amendment #002 to the Alzheimer's Disease Initiative Program (ADI) Contract #KZ1397 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14. Item G39 Board granted approval of Amendment #001 to the Community Care for the Elderly (CCE) Contract #KC 1371 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services /In Home Services) for the contract period of 7/1/13 to 6/30/14. Item G40 Board granted approval of Amendment 3 to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path Project to add an additional task to contract and extend the expiration date of the contract until June 1, 2014. Item G41 Board granted approval to advertise a Request for Qualifications (RFQ) for construction engineering and inspection (CEI) services for the No Name Key Bridge Repair Project. The project is funded through a Local Agency Program (LAP) agreement with Florida Department of Transportation (FDOT). [Type text] Page 7 Item G42 Board granted approval to reject Bid in the amount of $1,742,100 for construction of Wayfinding Sign Program and to re- advertise for construction bids. This project is funded through a Florida Department of Transportation (FDOT) and Local Agency Program (LAP) Agreement Item G44 Board granted approval to waive Purchasing Policies and Procedures for engineering design and construction of emergency repairs to No Name Key Bridge. Approval to amend a contract with Kisinger Campo & Associates Corp. (KCA) to include engineering design services for emergency repairs. Approval to authorize County Administrator to execute construction contract for emergency repairs to No Name Key Bridge on behalf of the Board of County Commissioners. Item G45 Board adopted a Resolution of the Monroe County Board of County Commissioners requesting the Florida Legislature issue bonds in the amount of an additional fifty million dollars ($50,000,000.00) from Save Our Everglades Trust Fund monies to be appropriated this fiscal year toward the Florida Keys Area of Critical State Concern protection program to restore and conserve natural systems through the implementation of wastewater management projects. RESOLUTION NO. 378 -2013 Said Resolution is incorporated herein by reference Item G46 Board granted approval of a 7th Amendment to the Cudjoe Regional Interlocal Agreement to increase funds by a total of $20 million to $170 million, to address two Change Orders approved in October 2013 and also as a result of the change from grinder to gravity technology approved at the October BOCC meeting. Item G47 Board granted approval of Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Item G50 Board granted approval of a Contract with Currie Sowards Aguila Architects for the final Design through Construction Administration services for the conversion of the recycling center on Magnolia Street in Key Largo to Public Works offices. This project is funded by Ad Valorem. Item G51 Board granted approval of a Third Amendment to Contract with MBI/K2M Architecture, Inc. for the Marathon Customs & Border Terminal project to include project design modifications in regards to the relocation of the existing Guardian Ad Litem Offices within the Airport Terminal Facility. TOURIST DEVELOPMENT COUNCIL Item H2 Board granted approval of an Agreement with New Orleans House of Key West, Inc. covering New Year's Eve Shoe Drop in December 2014 in an amount not to exceed $10,000, DAC I, FY 2014 Event Resources. [Type text] Page 8 Item H3 Board granted approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2014 in an amount not to exceed $30,000, DAC III, FY 2014 Event Resources. Item H4 Board granted approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2014 in an amount not to exceed $15,000, DAC IV, FY 2014 Event Resources. Item H5 Board granted approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering Underwater Music Festival, 30th Annual in July 2014 in an amount not to exceed $15,000, DAC II, FY 2014 Event Resources. Item H6 Board granted approval of an Agreement with Bauer Restaurant, Inc. covering Key West Songwriters Festival in April -May 2014 in an amount not to exceed $100,000, DAC I, FY 2014 Event Resources. Item H7 Board granted approval of an Agreement with University of Florida Alumni Association, Inc., Key West Gator Club covering Southernmost Marathon & Half in October 2014 in an amount not to exceed $17,000, DAC I, FY 2014 Event Resources. Item H8 Board granted approval of an Agreement with Key Largo Baptist Church covering Key Largo Bridge Run in November 2014 in an amount not to exceed $15,000, DAC V, FY 2014 Event Resources. Item H9 Board granted approval of an Agreement with Bogart Film Festival, LLC covering Humphrey Bogart Film Festival in May 2014 in an amount not to exceed $40,000, DAC V, FY 2014 Event Resources. Item H10 Board granted approval of an Agreement with Conch Foundation of the Upper Keys, Inc. covering Conch Scramble "on the water" Charity Golf Tournament in September 2014 in an amount not to exceed $20,000, DAC IV, FY 2014 Event Resources. Item H11 Board granted approval of an Amendment with Interselect, Inc. d.b.a. Burdines Waterfront to revise name of organization to reflect d.b.a Burdines Waterfront, and revise name of event from the 13th Annual Dolphin & Blackfin Tuna Fun Fishing Tournament to the 13th Annual Burdines Fun Fishing Tournament. Item H13 Board granted approval of a Turnkey Event Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2014 in an amount not to exceed $140,000, DAC I, and DAC II, FY 2014 Event Resources. [Type text] Page 9 Item H14 Board granted approval of a Destination Agreement with Friends of the Pool, Inc. covering Islamorada Swim for Alligator Lighthouse, 2nd Annual in September 2014 in an amount not to exceed $30,000, DAC IV, FY 2014 Event Resources. Item H15 Board adopted the following Resolution transferring funds from DAC III, FY2014 Advertising Resources to DAC I11, FY 2014 Event Resources. RESOLUTION NO. 379 -2013 Said Resolution is incorporated herein by reference Item H16 Board granted approval of a Destination Agreement with Powerboat P1 USA, LLC covering Marathon Grand Prix of the Sea in September 2014 in an amount not to exceed $30,000, DAC III, FY 2014 Event Resources. Item H17 Board granted approval of one "At Large" appointment (Steve Estes) to the Tourist Development Council District 11 Advisory Committee. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS Item L1 Board granted approval of the FDOT District 6 "2010 Federal Functional Classification" maps for Monroe County, Florida. Item L2 Board granted approval of a Contract with Garden & Forest, LLC to provide biological consulting services for a habitat restoration project within Dagny Johnson Key Largo Hammock Botanical State Park as mitigation for the construction of the Key Largo Wastewater Treatment District wastewater treatment plant. MONROE COUNTY SHERIFF'S OFFICE Item Q1 Board granted approval of an MOU between the Monroe County Sheriffs Office and Monroe County Board of County Commissioners to apply for reimbursement of funds from the UASI FY 2011 Grant/Homeland Security Office of Domestic preparedness with the City of Miami. The $58,509.00 from the grant will be used to purchase law enforcement equipment approved by the granting agency. Item Q2 Board granted approval of r equest for the following expenditure from the Law Enforcement Trust Fund: $3,500.00 Monroe County Sheriff's Office: To help the MCSO Animal Farm with items needed to continue "Easter on the Farm" and "Christmas on the Farm" for the year 2014. 11/20/2013 Page 10 COMMISSIONERS' ITEM Item S2 Board granted approval for the installation of a crime light onto an existing electrical pole located on 2nd Street across from the Key West Baptist Temple on Stock Island. COUNTY CLERK Item T2 Board granted official approval of the Board of County Commissioners minutes from the September 17th and October 16th, 2013 regular meeting (previously distributed). Item T3 Board granted approval of Warrants for the month of October, 2013: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $2,733,365.60; Fine & Forfeiture Fund (101), in the amount of $3,977,067.08; Road and Bridge Fund (102), in the amount of $52,836.90; TDC District Two Penny (115), in the amount of $361,004.17; TDC Admin. & Promo 2 Cent (116), in the amount of $552,950.70; TDC District 1,3 Cent (117), in the amount of $424,049.44; TDC District 2,3 Cent (118), in the amount of $20,321.54; TDC District 3,3 Cent (119), in the amount of $117,433.96; TDC District 4,3 Cent (120), in the amount of $32,396.19; TDC District 5,3 Cent (121), in the amount of $42,687.49; Gov. Fund Type Grants (125), in the amount of $872,877.37; Impact Fees Parks & Rec (131), in the amount of $33,144.30; Fire & Amb District 1 L &M Keys (141), in the amount of $133,831.59; Upper Keys Health Care (144), in the amount of $490.50; Uninc Svc Dist Parks & Rec (147), in the amount of $53,593.43; Plan, Build, Zoning (148), in the amount of $50,883.47; Municipal Policing (149), in the amount of $902,027.95; 911 Enhancement Fee (150), in the amount of $58.98; Duck Key Security (152), in the amount of $5,202.53; Boating Improvement Fund (157), in the amount of $150,553.46; Misc. Special Revenue Fund (158), in the amount of $140,920.18; Environmental Restoration (160), in the amount of $438.95; Law Enforcement Trust (162), in the amount of $3,500.00; Court Facilities Fees -602 (163), in the amount of $65,200.91; Drug Abuse Trust (164), in the amount of $7,871.75; Building Fund (180), in the amount of $5,052.28; Cent Infra Surtax (304), in the amount of $163,252.91; INFR Sle Srtx Rev Bds2007 (308), in the amount of $203,574.75; Cudjoe Regional (312), in the amount of $6,452.58; Card Sound Bridge (401), in the amount of $7,256.30; Marathon Airport (403), in the amount of $67,845.74; Key West Intl. Airport (404), in the amount of $411,931.88; MSD Solid Waste (414), in the amount of $1,174,869.57; Worker's Compensation (501), in the amount of $433,284.27; Group Insurance Fund (502), in the amount of $1,227,232.11; Risk Management Fund (503), in the amount of $205,459.40; Fleet Management Fund (504), in the amount of $87,443.54; Fire & EMS Losap Trust Fund (610), in the amount of $2,325.00. Item T4 Board granted approval of Tourist Development Council expenditures for the month of October, 2013. Item T5 Board granted approval to Re -class FY13 Budget. 11/20/2013 Page11 Item T6 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Item U4 Board granted approval of Third Amendment to Agreement for Medical Examiner Services. Item U5 Board granted ratification of Monroe County's comments on the Notice of Proposed Rulemaking, Department of Treasury concerning the RESTORE Act program, submitted on November 5, 2013. Item U6 Board adopted a Resolution urging the United States Congress to take immediate action to delay or repeal the `Biggert- Waters" Flood Insurance Reform Act of 2101 to prevent flood insurance premium rate increases and urging Congress to enact the Homeowner Flood Insurance Affordability Act of 2103 (HR 3370) or similar legislation delaying or repealing premium rate increases on property owners. RESOLUTION NO. 380 -2013 Said Resolution is incorporated herein by reference Item U7 Board granted approval of license between Monroe County and New Cingular Wireless for space on the County owned communication tower, space in a portion of a building on the site located at Mile Marker 32, US 1, Scout Key, Florida. Item U10 Board granted approval of a Grant Agreement from the Florida Department of Environmental Protection (FDEP) for funding of services to provide culvert design and permitting of the third ranked culvert in the demonstration project list and sediment characterization testing for the first and second ranked "organic removal" demonstration projects. The project will be funded with $100,000 in funds provided by FDEP. Item U11 Board granted approval of Amendment No. 2 to a contract with AMEC Environment & Infrastructure, Inc. in the amount of $31,391.13 to provide a six month extension of time to June 30, 2014 and additional services to provide assistance in obtaining homeowner approvals for implementation of the demonstration projects and to update the canal management master plan data base with new information regarding the demonstration canals and other canals. Item U12 Board granted approval of a recommendation of the RESTORE Act Advisory Committee to extend the deadline for submitting project proposals for the Restore Act local pot funding until 3 pm on December 20, 2013. Item U13 Board granted approval of the reappointment of Mayor Craig Cates as the Board of County Commission appointment to the Tourist Development Council for a 4 year term. 11/20/2013 Page 12 Item U14 Board granted approval of a Task Order with AMEC Envionmental & Infrastructure, Inc. under the On Call Professional engineering Services contract to provide culvert design and permitting of the third ranked culvert in the demonstration project list and sediment characterization testing for the first and second ranked "organic removal" demonstration projects. The project will be funded by Water Quality Protection Program funds provided by the Florida Department of Environmental Protection (FDEP). COUNTY ATTORNEY Item V4 Board granted approval of Contract rate with Division of Administrative Hearings (DOAH) from $141 per hour to $143 per hour effective retroactively to October 1, 2013, as provided by the contract and pursuant to F.S. 120.65. Item V5 Board granted approval of Seventh Amendment to the Standard Legal Services Agreement with Ira Libanoff, Esq. in order to clarify the terms of the agreement, facilitate agreement as to certain outstanding invoices, and close out two of the three remaining cases under the agreement. * * * * * * * * * * * * * FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner David P. Rice, Commissioner George Neugent, Councilwoman Kate Scott and Councilman Norm Anderson. James Callahan, Fire Chief addressed the Board concerning the following items: Item K2 Approval to exercise the first renewal option of the Agreement between Physio - Control, Inc. and Board of Governors Fire, Ambulance District 1 of Monroe County, Florida, for preventative maintenance and inspection of medical LifePak equipment. The term of the agreement was November 1, 2012 through October 31, 2013. The term of the renewal will be November 1, 2013 through October 31, 2014 with a revision to the first sentence of paragraph 2 of the agreement to now read as follows: "The COUNTY shall pay the CONTRACTOR a total amount of $18,485.44 for the faithful performance of the Contract, in lawful money of the United States;" and authorization for Mayor to execute same, along with revised Technical Service Support Agreement with Physio - Control, Inc. After discussion, a motion was made by Councilman Anderson and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. Item K3 Approval to award Proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list. After discussion, a 11/20/2013 Page 13 motion by Commissioner Rice and seconded by Councilman Anderson to grant approval of the item. Motion carried unanimously. Item K4 Approval of Resolution authorizing the write -off of a total of 683 Fire Rescue ground ambulance accounts receivable for CY 2008, totaling $325,166.82 from the Fire Rescue District 1 Fund Account 141 - 115002. This write -off was inadvertently executed by the Clerk of the Courts office; the item was pulled from the September 2012 agenda. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 381 -2013 Said Resolution is incorporated herein by reference Item K5 Approval of Resolution authorizing the write -off of a total of 570 Fire Rescue ground ambulance accounts receivable for CY 2009 plus three bankruptcies from CY 2010, totaling $351,618.38 from the Fire Rescue District 1 Fund Account 141 - 115002. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 382 -2013 Said Resolution is incorporated herein by reference Item K6 The following individuals addressed the Board: James Callahan, Fire Chief, Roman Gastesi, County Administrator and Bob Shillinger concerning the approval to waive Purchasing Policy and issue a Purchase Order, and approval for the Fire Chief to execute an Application Service Provider Agreement with ZOLL Data Systems, Inc., provider of RescueNet suite software products, for hosted, RescueNet Billing software, in the annual amount of $13,692.00, plus a one -time $7,500.00 deployment fee. This agreement will provide for the use of ambulance billing software which will interface with Fire Rescue's patient care reporting software. In addition, the responsibility for configuration, maintenance, and backups of the software and patient accounts database will be the responsibility of ZOLL Data Systems, Inc. After discussion, a motion was made by Commissioner Rice and Councilman Norm Anderson to grant approval of the item. Motion carried unanimously. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. * * * * * * * * * * * * * The Board of County Commissioners meeting reconvened with all the commissioners present. ENGINEERING Item P1 Appeal by Mayra L. Parente of denial of a right of way permit to landscape on the county right -of -way by 346 E. Seaview Drive in Duck Key. The following individuals addressed the Board: Mayra Parente. Judy Clarke, Engineering Director. After discussion, a 11/20/2013 Page 14 motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to approve the appeal. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy No Motion carried. DIVISION OF GROWTH MANAGEMENT Item M1 Presentation by the South Florida Regional Planning Council (SFRPC) of the completed `Monroe County Marina Siting Plan', including a `Needs Analysis for New Marinas in Monroe County' to implement adopted Comprehensive Plan Objective 212.4 (and associated policies) and to serve as the data and analysis for proposed new marina siting Comprehensive Plan policies (to be processed with the EAR -based amendments). The following individuals addressed the Board: Rich Jones, Sr. Administrator - Marine Resources; Richard F. Ogburn, Director of Research -South Florida Regional Planning Council; Christine Hurley, Growth Management Director and Mayte Santamaria, Assistant Director - Planning & Environmental Resources. BULK APPROVALS The following individuals addressed the Board concerning the following items: D.A. Aldrick. James Callahan, Fire Chief and Roman Gastesi, County Administrator. Item G4 Approval of Resolution authorizing the write -off of 40 accounts receivable for FY 2012 totaling $336,969.86 for Monroe County residents who qualified for the Trauma Star Air Ambulance Fee Waiver Program. This write -off was inadvertently executed by the Clerk of the Courts office; the item was pulled from the September 2012 agenda. RESOLUTION NO. 383 -2013 Said Resolution is incorporated herein by reference Item G5 Approval of Resolution authorizing the write -off of 15 accounts receivable for FY 2013 totaling $114,799.77 for Monroe County residents who qualified for the Trauma Star Air Ambulance Fee Waiver Program. RESOLUTION NO. 384 -2013 Said Resolution is incorporated herein by reference Item G6 Approval of Resolution authorizing the write -off of a total of 95 Fire Rescue air ambulance accounts receivable for CY 2008, totaling $825,000.90 from the Fine and Forfeiture Fund Account 101 - 115002. This write -off was inadvertently executed by the Clerk of the Courts office; the item was pulled from the September 2012 agenda. 11/20/2013 Page 15 RESOLUTION NO. 385 -2013 Said Resolution is incorporated herein by reference Item G7 Approval of Resolution authorizing the write -off of 44 Fire Rescue air ambulance accounts receivable for CY 2009 and 3 Fire Rescue air ambulance accounts receivable for CY 2007 in the total amount of $529,737.14 from the Fine and Forfeiture Fund Account 101 - 115002. RESOLUTION NO. 386 -2013 Said Resolution is incorporated herein by reference After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to adopt the above mentioned Resolutions for Items G4 through G7. Motion carried unanimously. Item G8 The Board discussed the authorization for Emergency Services /Monroe County Fire Rescue to cease outsourcing billing and collections for ground- and air - ambulance billing and collections and conduct these revenue generating activities in -house through the creation of two (2) full -time Emergency Services positions: EMS Billing Supervisor and EMS Billing Specialist; and approval to transfer funds from operating services to personnel services to fund the two newly created positions. After discussion, Commissioner Carruthers directed staff to consider alternative employment options, such as contractual options to address the incentive mechanism Commissioner Rice brought up and to continue the item until the next Board of County Commissioners meeting in December. Item G10 James Callahan, Fire Chief addressed the Board concerning the approval to award bid, and enter into an Agreement between the Board of County Commissioners of Monroe County and 3rd Generation Plumbing, Inc. for the installation of fire hydrants in unincorporated Monroe County using Ad Valorem taxes, Infrastructure Sales tax, Impact Fees, and other funding sources such as grants, donations, etc. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Carruthers to grant approval of the item. Motion carried unanimously. STAFF REPORTS Item I5 Report - Public Works/Engineering/Project Management - Kevin Wilson, Public Works & Engineering Division Director updated the Board regarding the Financial and Construction Status Report for the Cudjoe Regional Wastewater Program. The following individuals addressed the Board: Roman Gastesi, County Administrator and Kirk Zuelch, Executive Director -FKAA. After discussion, the Board directed staff to review the initial analysis and come back with numbers and cost estimates for the neighborhoods that have asked to be considered for it to be able to answer all the different questions from the Commission. 11/20/2013 Page 16 COUNTY ADMINISTRATOR Item U8 Discussion and presentation of the final offers from the vendors for the Solid Waste Program and related contracts. The following individuals addressed the Board: Rudy Krause, representing Rudy Krause Construction; Bruce Williams, John Albert and Greg Sullivan representing Waste Management. Rhonda Haag, Sustainability Program Manager and Kevin Madok, Sr. Director of Strategic Planning. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to move forward with the proposed demonstration projects that were discussed and directed staff to prepare a contract for approval and revisit it on the next Board of County Commissioners meeting in December. PUBLIC HEARINGS Item W 1 A Public Hearing to consider approval of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of Pompano Drive that is adjacent to Lots 19, and 20, Block 11 Anglers Park, Key Largo and to a previously vacated section of Pompano Drive. The following individual addressed the Board: Don Horton. After discussion, a motion was made by Commissioner Kolhage and Commissioner Neugent to adopt the following Resolution. RESOLUTION NO. 387 -2013 Said Resolution is incorporated herein by reference. PUBLIC WORKS Item R1 Report of the Parks & Recreation Advisory Board and recommendation on the purchase of Rowell's Marina as a waterfront park and included possible approve of purchase. The following individuals addressed the Board: Kevin Wilson, Public Works & Engineering Division Director; Nora Johnson, Key Largo Park Manager; Steve Miller, Chair of Parks & Recreation Advisory Board; James Boilini, Deputy Chair of the Parks & Recreation Advisory Board and Roman Gastesi, County Administrator. Burke Cannon, representing Key Largo Federation Home Association; John Hammerstrom, representing Tavernier Community Association; Deb Curlee, Robby Majeska, Robert Stoben, representing Tamarind Bay Condominium; Douglas Myeus, Pauline Klein, Jim Saunders and Craig Cope. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to grant approval of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. 11/20/2013 Page 17 BULK APPROVALS Kevin Wilson, Public Works & Engineering Division Director and Roman Gastesi, County Administrator addressed the Board regarding the following items: Item G9 Approval to renew the Architectural/Engineering Contract with Currie Sowards Aguila Architects for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. ItemG17 Approval to renew the Architectural/Engineering Contract with William P. Horn Architects, P.A. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item G43 Approval to negotiate on -call professional services contracts with the top seven ranked respondents: EAC Consulting, Inc., CDM Smith, Inc., Kisinger, Campo & Associates, Inc., HDR Engineering, Inc., Stantec Consulting Services, Inc., T.Y. Lin International/H.J. Ross, and Keith and Schnars, P.A. Item G48 Approval to renew the Architectural/Engineering Contract with Bender & Associates Architects, P.A. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item G49 Approval to renew the Architectural/Engineering Contract with MBI /K2M Architecture Inc. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item G52 Approval to renew the Architectural/Engineering Contract with CH2MHill, Inc. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to grant approval of the above mention items. Motion carried unanimously. Item G32 The Board discussed the approval of a Resolution to amend Resolution No. 354 -2003 and amending rules for collection of health insurance subsidies for group health insurance coverage from retired Monroe County employees. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to adopt the following Resolution. Roll call vote was taken with the following results: 11/20/2013 Page 18 Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. RESOLUTION NO. 388 -2013 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Item H1 The Board discussed the approval of an Agreement with Hall of Fame Committee of UM, Inc. covering University of Miami Sports Hall of Fame Celebrity Dolphin Tournament in June 2014 in an amount not to exceed $40,000, DAC IV, FY 2014 Event Resources. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to grant approval of the item. Motion carried unanimously. STAFF REPORTS Item I7 Report — Intergovernmental Affairs — Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition updated the Board with a presentation regarding the Bigger Waters Insurance Reform Act for 2012. After further discussion, Christine Hurley, Growth Management Director and Jerry Smith, Senior Director — Building Department addressed the Board concerning related issues. Ms. Tennyson also updated the Board regarding the Land Acquisition needs, the conference held by the Legislative Association of Counties and the State Budget. Item I8 Report — Information Technology — Bob Ward, Information Technology Director updated the Board regarding requests they have received in reference to allowing nonprofit organizations to utilize the County's video - conferencing system. After discussion, Mr. Bob Ward recommended to draft and bring an item to the next Board of County Commissioners meeting for discussion. GROWTH MANAGEMENT Item M2 Jerry Smith, Senior Director — Building Department addressed the Board concerning the discussion and direction of fees for lateral sewer connection and grinder pump permit connections. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to maintain a cost without the PRP fee that is consistent with other areas. Motion carried unanimously. 11/20/2013 Page 19 EMPLOYEE SERVICES Item N1 Teresa Aguiar, Employee Services Director addressed the Board concerning the discussion and approval to amend the Monroe County Contract for Compensation & Classification Study Services agreement with Evergreen Solutions, LLC by revising Exhibit A (scope of services) to allow an additional thirty (30) days for completion of the Study to provide additional review times for County staff, management, advisory committee, and the Board of County Commissioners, finalized job descriptions to be completed at the end of the study, after review by the County, and to allow the County Administrator or his authorized designee to approve additional meetings as necessary as outlined in "Optional Services" on Exhibit A of the Agreement for committee meetings and briefings as needed. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to grant approval of the item as amended. Said amendment is as follows: Correct the last sentence on page 1 under 3.1 to read "Evergreen would complete all work no later than April 30 2014." COMMISSIONERS' ITEMS Item S 1 Approval of a Resolution of the Board of Commissioners of Monroe County, Florida Supporting the creation of the Bonefish and Tarpon Conservation Research and Outreach Center to be located at the Florida Fish and Wildlife Conservation Commission's Days Marine Laboratory in the City of Layton, Florida. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 389 -2013 Said Resolution is incorporated herein by reference. COUNTY CLERK Item T 1 Report — Amy Heavilin, Clerk of the Circuit Court & Comptroller informed the Board that it's been a year since she took office and thanked the Commissioners, staff and public for their support. Mrs. Heavilin also informed the Board that the Clerk's Office was able to give back $1,500,000.00 to the Commission for this Fiscal Year End and advised the County once again received the Government Finance Officers Association's Award for Excellence in Financial Reporting for FY12. COUNTY ADMINISTRATOR Item U1 Report — Roman Gastesi, County Administrator provided the Board with the Month Activity Report for October, 2013. Item U2 Connie Cyr, Aide to the County Administrator addressed the Board concerning the Board of County Commissioners monthly meeting dates for 2014. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to hold the monthly meetings the third Wednesday of each month, except for the month of 11/20/2013 Page 20 January which will be held the third Thursday of the month and except for the months of June and December which will be held the second week of both months. Motion carried unanimously. Said meeting dates are attached hereto. Item U3 The Board discussion the approval of the 2014 appointments of Commissioners to various duties. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers accepting the appointments as amended. Said listing is attached hereto for reference. Motion carried unanimously. Item U9 Rhonda Haag, Sustainability Program Manager addressed the Board concerning the approval of a Resolution of the Board of County Commissioners of Monroe County, Florida for Adoption of the Monroe County Climate Action Plan as developed by the Monroe County Climate Change Advisory Committee and as reviewed and modified by County staff The following individual also addressed the Board: Alicia Betancourt. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to adopt the following Resolution with the two (2) following changes: Change "costs" to "contributes to" and move staff s comments to the back. Motion carried unanimously. RESOLUTION NO. 390 -2013 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Item V1 Report — Bob Shillinger, County Attorney updated the Board regarding the record of decision on the EIS and also reminded the Commission that the City Council is conducting the Ethic's Training on December 17, 2013. Item V3 Nat Cassel, Assistant County Attorney addressed the Board concerning the approval of a Settlement Agreement in the matter of K W Resort Utilities Corp. v. Monroe County, PSC Docket No. 130086 -SU. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. Item V6 The Board discussed the approval of Professional Services Contract with Michael D. Morelly, Esq. for legal representation in the Rowell's Marina closing. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. 11/20/2013 Page 21 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 11/20/2013 Page 22 MEMORANDUM TO: Mayor and Commissioners County Attorney Clerk of Court Sheriff Department Tax Collector FROM: Connie Cyr Aide to the County Administrator SUBJECT: 2014 BOCC Meeting Dates DATE: November 21, 2013 Division Directors Department Heads Land Authority Housing Authority TDC MEETING DATES * AGENDA DEADLINE LOCATION 1/16/14 — 1/17/14 12/31/13 Harvey Government Center 2/19/14 - 2/20/14 2/4/14 Nelson Government Center 3/19/14 - 3/20/14 3/4/14 Marathon Government Center 4/16/14 - 4/17/14 4/1/14 Harvey Government Center 5/21/14- 5/22/14 5/6/14 Nelson Government Center 6/11/14 - 6/12/14 5/27/14 Marathon Government Center 7/16/14 - 7/17/14 7/1/14 Harvey Government Center 8/20/14 - 8/21/14 8/5/14 Nelson Government Center 9/17/14 - 9/18/14 9/2/14 Marathon Government Center 10/15/14 - 10/16/14 9/30/14 Harvey Government Center 11/19/14 - 11/20/14 11/4/14 Nelson Government Center 12/10/14 - 12/11/14 11/26/14 Marathon Government Center All meetings in all areas begin at 9:00 a.m. Murray E. Nelson Gov't Center Marathon Gov't Center Harvey Gov't Center 102050 Overseas Highway 2798 Overseas Highway 1200 Truman Ave. Key Largo Mile Marker 50 Key West Mile Marker 102 Approved at the November 20, 2013 BOCC meeting.