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01/16/2014 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, January 16, 2014 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner George R. Nugent and Mayor Pro -Tem Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Amy Heavilin, County Clerk; Vitia Fernandez, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item A A motion was made by Commissioner Neugent and second by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B 1 Presentation of Years of Service Award for 15 years of service to Monroe County to John Kipp, Senior Technician Maintenance, Facilities Maintenance, Public Works & Engineering Division. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the Bulk Approvals. Motion carried unanimously. Item C1 Board granted approval to advertise a Solicitation for Proposals for a Provider to conduct an evaluation of services, programs and communications and to develop a Monroe County Americans with Disabilities Act Transition Plan. ItemC2 Board granted approval to advertise a Solicitation for Proposals for a Provider to serve as an Employee Assistance Program, to provide confidential counseling services to employees and their dependents in the lower, middle and upper keys, and also to provide educational group seminars and orientation group sessions. Item C3 Board granted approval of a Workers' Compensation settlement in the amount of $75,000.00 for JCC Case No.: 13- 029166RDM. 1/16/2014 Pagel Item C4 Board adopted various Resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1) RESOLUTION NO. 001 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 2) RESOLUTION NO. 002 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 3) RESOLUTION NO. 003 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 4) RESOLUTION NO. 004 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 5) RESOLUTION NO. 005 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 6) RESOLUTION NO. 006 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 7) RESOLUTION NO. 007 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 8) RESOLUTION NO. 008 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 9) RESOLUTION NO. 009 -2014 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 10) RESOLUTION NO. 010 -2014 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 11) RESOLUTION NO. 011 -2014 Said Resolution is incorporated herein by reference 1/16/2014 Page 2 Receipt of Unanticipated Funds (OMB Schedule Item No. 12) RESOLUTION NO. 012 -2014 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 13) RESOLUTION NO. 013 -2014 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 14) RESOLUTION NO. 014 -2014 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 15) RESOLUTION NO. 015 -2014 Said Resolution is incorporated herein by reference Item C5 Board granted approval to go out to Bid for janitorial services at the Florida Keys Marathon Airport. Item C6 Board granted approval of interim Agreement for Janitorial Services. Item C7 Board granted approval for a Consent to Assignment for the Marathon General Aviation FBO facility at the Florida Keys Marathon Airport. Item C8 Board granted approval of an Agreement between Sixel Consulting Group, Inc. and Monroe County for Air Service Development at The Key West International Airport. Item C9 Board granted approval to award Bid and execute Contract for unleaded gasoline and diesel fuel with Dion Oil Company, LLC. Item C10 Board granted approval to forgive past due Fleet Management invoice totaling $11,039.39 for repairs to a County -owned portable emergency generator that was on loan to the Pigeon Key Foundation when it malfunctioned. Item C11 Board granted approval of Agreement with Congressman Joe Garcia for office space, Room 1 -213 at the Gato Building in Key West, FL. A Item C12 Board granted approval from Monroe County Board of County Commissioners for staff to negotiate an Agreement with Seatech, Inc. of the Florida Keys, for two (2) Hazardous Material Prefabricated Storage Sheds, as replacement to the sheds located at the Long Key and Cudjoe Transfer Stations. If agreement is not attained, then provide approval to advertise and rebid the project. Item C14 Board granted approval of Property Management Agreement for the Bandstands on Higgs Beach. 1/16/2014 Page 3 Item C15 Board granted approval to waive Purchasing Policies and issue Purchase Order(s) to the lowest vendor(s) for shade structures at Higgs Beach Playground, Bay Point Park, Big Pine Bark Park, Big Pine Community Park and Harry Harris Park. Item C16 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with T.Y. Lin International /H.J. Ross for a period of 4 years with option to renew for one additional year. T.Y. Lin International/H.J. Ross was one of the seven (7) highest ranked respondents to the RFQ. Item C17 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Kisinger Campo & Associates for a period of 4 years with option to renew for one additional year. Kisinger Campo & Associates was one of the seven (7) highest ranked respondents to the RFQ. Item C18 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with EAC Consulting Inc. for a period of 4 years with option to renew for one additional year. EAC Consulting Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C19 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Keith & Schnars, P.A. for a period of 4 years with option to renew for one additional year. Keith & Schnars P.A. was one of the seven (7) highest ranked respondents to the RFQ. Item C20 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with CDM Smith Inc. for a period of 4 years with option to renew for one additional year. CDM Smith Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C21 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with HDR Engineering Inc. for a period of 4 years with option to renew for one additional year. HDR Engineering Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C22 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Stantec Consulting Services Inc. for a period of 4 years with option to renew for one additional year. Stantec Consulting Services Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C24 Board granted approval of a Contract with Metric Engineering, Inc. for Construction Engineering and Inspection (CEI) services for CR 905 Bike Lanes project. Item C25 Board granted approval to direct staff to lower the speed limit from 50 MPH to 45 MPH on a 1.2 mile segment of CR 905 from 1,320 ft. north of the intersection of CR 905 and Card Sound Road to 1,100 ft. south of Clubhouse Road. The decrease is needed in order to provide increased safety for bicyclists along the portion of the road where the bicycle lane width is reduced to 4 ft. 1/16/2014 Page 4 Item C26 Board granted approval to ratify a Contract with American Bridge Company in the amount of $90,865.50 for the No Name Key Bridge Emergency Repairs project. Item C28 Board granted approval of receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Item C30 Board granted approval of the Low Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number 14 EA- 01 -54 -01 -019 between Monroe County Board of County Commissioners (Community Services /Social Services) and the State of Florida, Department of Economic Opportunity for the provision of funds to pay electric bills for low income clients. Item C31 Board granted request approval of Amendment to Agreement between the Board of County Commissioners and GA Food Services, Inc., which renews the Agreement for the 2nd and final renewal year at a price of $3.64 per meal and provides an updated Supply List. Item C32 Board granted approval of a correction due to a scrivener's error in Amendment 005 and Amendment 006 to the Contract between Hospice of the Florida Keys, Inc., dba Visiting Nurses Association and the Monroe County BOCC /Monroe County Social Services AND direction to the Clerk of Courts to place a memo in the official records acknowledging the correction. Item C33 Board granted approval to advertise a Public Hearing for a Budget Amendment for the Infrastructure Sales Surtax 2007 Revenue Bond, Fund 308. Item C34 Board granted approval of First Amendment of Langan Engineering Environmental, Inc. contract, amending price list for biannual surface water testing /monitoring. The only landfill to be tested will be Cudjoe. Cost to the County will be $6,850 per year, for a total of $43,320 as amended. TOURIST DEVELOPMENT COUNCIL Item D1 Board granted approval of an Amendment to Agreement with Florida Keys Community Concert Band, Inc. covering the Pops in the Park to revise Exhibit C — Schedule of Events. Item D2 Board granted approval of an assignment of a Destination Event Funding Agreement for the Heroes Welcome Weekend from BH/NV Hawk's Cay Property Holdings, LLC, d.b.a. Hawk's Cay Resort to Keys Hotel Operator, Inc. d.b.a Hawk's Cay Resort. Item D3 Board granted approval of an Amendment to a Fishing Agreement with Saltwater Fishing Connection LLC to revise the name of the Islamorada All Tackle Bonefish World Championship to Islamorada Fall All Tackle Bonefish and Permit Championship, and amend the invoice submission date to January 31, 2014. 1/16/2014 Page 5 Item D4 Board granted approval of an Amendment to Agreement with Old Island Restoration Foundation, Inc. for the Oldest House Museum Lift Station/Restroom Plumbing Upgrades project to revise scope of services in Exhibit A and reduce project cost. Item D5 Board granted approval of an Agreement with AT &T to provide long distance telephone services to the Tourist Development Council. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS Item G1 Board granted approval of Amendment No. 2 to the August 17, 2011, Marina Siting Plan Inter -Local Agreement (ILA) between Monroe County and South Florida Regional Planning Council (SFRPC), providing for additional work to be performed, including but not limited to GIS analyses, revisions to the Needs Analysis, Marina Siting Plan and proposed comprehensive plan policies, and attendance at additional BOCC meetings as necessary. Costs for the additional work are not to exceed $20,000. Item G2 Board granted approval of Quit Claim Deed from Monroe County to John S. Mannix for Lot 7, Block 4 Harris Ocean Park Estates, and authorization for the Mayor to execute the deed and the Administrator or designee to file it and execute any other necessary documents. Item G3 Board granted approval of the selection of M.T. Causley, Inc. as the highest ranked responder for the RFP for Professional Support Services for Plan Review, Inspection Services & Development Review; and direction to negotiate a contract between the County and M.T. Causley, Inc. MONROE COUNTY SHERIFF DEPARTMENT Item I1 Board granted approval of request for the following expenditure from the Law Enforcement Trust Fund: $25,000.00 Take Stock in Children: to support "scholarships, mentors, projects and events" and to provide state - matching scholarships for low- income families and support the leadership camp experience at the Sheriff Youth Ranch. Item I2 Board granted approval of the appointment of Debby Goodman to the Sheriff's Shared Asset Forfeiture Funds Board. (SAFF). COMMISSIONERS' ITEMS Item K1 Board adopted a Resolution of the Board of County Commissioners of Monroe County, Florida supporting the candidacy of Commissioner Bryan Desloge for Second Vice - President of the National Association of Counties. RESOLUTION NO. 016 -2014 Said Resolution is incorporated herein by reference 1/16/2014 Page 6 COUNTY CLERK Item L2 Board granted official approval of the Board of County Commissioners minutes from the December 11, 2013 regular meeting (previously distributed). Item L3 Board granted approval of Warrants for the month of December, 2013: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,425,393.42; Fine & Forfeiture Fund (101), in the amount of $96,327.68; Road and Bridge Fund (102), in the amount of $26,776.20; TDC District Two Penny (115), in the amount of $275,462.42; TDC Admin. & Promo 2 Cent (116), in the amount of $417,651.71; TDC District 1,3 Cent (117), in the amount of $320,187.62; TDC District 2,3 Cent (118), in the amount of $35,379.19; TDC District 3,3 Cent (119), in the amount of $72,499.19; TDC District 4,3 Cent (120), in the amount of $112,583.05; TDC District 5,3 Cent (121), in the amount of $59,210.88; Gov. Fund Type Grants (125), in the amount of $433,640.51; Impact Fees Roadways (130), in the amount of $51,195.35; Fire & Amb District 1 L &M Keys (141), in the amount of $89,639.89; Upper Keys Health Care (144), in the amount of $7,952.68; Uninc Svc Dist Parks & Rec (147), in the amount of $32,275.91; Plan, Build, Zoning (148), in the amount of $28,389.88; Duck Key Security (152), in the amount of $6,462.12; LOca Housing Assistance (153), in the amount of $6,784.62; Boating Improvement Fund (157), in the amount of $162.00; Misc. Special Revenue Fund (158), in the amount of $37,307.80; Environmental Restoration (160), in the amount of $5,000.81; Law Enforcement Trust (162), in the amount of $22,000.00; Drug Abuse Trust (164), in the amount of $6,033.94; Stock Island Wastewater (171), in the amount of $2,350.00; Cudj oe- Sugarloaf MSTU (172), in the amount of $1,816.24; Building Fund (180), in the amount of $31,085.58; 2003 Revenue Bond (207), in the amount of $398.05; Cent Infra Surtax (304), in the amount of $7,722.34; INFR Sle Srtx Rev Bds2007 (308), in the amount of $31,184.51; Big Coppitt Wastewater pr (310), in the amount of $19,508.61; Duck Key Wastewater (311), in the amount of $4,745.00; Cudjoe Regional (312), in the amount of $42,053.63; Card Sound Bridge (401), in the amount of 8,860.25; Marathon Airport (403), in the amount of $18,993.40; Key West Intl. Airport (404), in the amount of $145,382.66; KW AIP Series 2006 Bonds (405), in the amount of $644,546.76; MSD Solid Waste (414), in the amount of $593,270.42; Worker's Compensation (501), in the amount of $6,623.33; Group Insurance Fund (502), in the amount of $1,371,182.29; Risk Management Fund (503), in the amount of $99,127.09; Fleet Management Fund (504), in the amount of $103,891.98; Fire & EMS Losap Trust Fund (610), in the amount of $2,325.00. Item L4 Board granted approval of Tourist Development Council expenditures for the month of December, 2013. Item L5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. 1/16/2014 Page 7 COUNTY ADMINISTRATOR Item M2 Board granted ratification of the approval of License between Monroe County and New Cingular Wireless for space on the county owned communication tower to now include all exhibits. Item M3 Board adopted a Resolution nominating Commissioner George Neugent for a position on the Gulf Consortium Executive Committee. RESOLUTION NO. 017 -2014 Said Resolution is incorporated herein by reference COUNTY ATTORNEY Item N3 Board granted approval of semi - annual examination of public official bonds for County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of the Monroe County Code and finding that all current bonds and /or insurance policies are adequate. BULK APPROVALS — MICELLANEOUS Item C13 The Board discussed the approval to add new vendor at Higgs Beach. The following individual addressed the Board: Stephen Dickstein. Rosa Washington, Senior Administrator -Solid Waste Management; Kevin Wilson, Public Works & Engineering Division Director and Bob Shillinger, County Attorney. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to continue the item to the Special Meeting scheduled on 1/31/14 in Key West, FL. Motion carried unanimously. Item C23 Bob Shillinger, County Attorney; Judy Clarke, Director of Engineering and Roman Gastesi, County Administrator addressed the Board concerning the approval to award bid, waive irregularity in bid response and approve a Contract with Construct Group Corp. for construction of the CR 905 Bike Lanes from US 1 in Key Largo to Ocean Reef (full length of approx. 11.5 miles), subject to clarification of bid response from the contractor relating to claims and suits. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. STAFF REPORT Item E6 Christine Hurley, Growth Management Director requested approval from the Board to establish four (4) Special Meetings over the next several months to evaluate the Comprehensive Plan Text Amendment related to the Evaluation and Appraisal Report that was adopted last year. The dates are as follows: March 21, 2014; April 23, 2014; May 22, 2014 and July 23, 2014. These meetings will be held at the Marathon Government Center and will start at 10:00am. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the request. Motion carried unanimously. 1/16/2014 Page 8 Item E7 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition updated the Board regarding two particular issues that impact the County related to the OMNIBUS Bill that was passed by the House. COUNTY ADMINISTRATOR Item M1 Report — Roman Gastesi, County Administrator provided the Board with the Month Activity Report for December, 2013. COUNTY ATTORNEY Item N1 Report - Bob Shillinger, County Attorney clarified the process of the Special Meeting that's being held on 1/31/2014 in Key West, FL. Mr. Shillinger requested to hold an Attorney - Client Closed Session in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up For Animals, Inc., CA K 10 -1050 to be held at the regularly scheduled meeting on February 19 2014 in Key Largo. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the request. Motion carried unanimously. Mr. Shillinger also updated the Board regarding the article in the paper concerning the gentleman that has an outdoor firing range located in the backyard of his property. Item N2 Bob Shillinger, County Attorney requested to hold an Attorney - Client Closed Session in the matter of The Morganti Group, Inc. v. Monroe County, Case No. 2011 -CA- 892-K at the 1/31/14 BOCC Special Meeting in Key West, FL. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the request and to be heard at 8:00am at the Special Meeting scheduled on 1/31/14 in Key West, FL. Motion carried unanimously. PROJECT MANAGEMENT Item H1 Update and discussion of the plans for implementation of the design and construction of scenic vistas at the Big Pine Key Park and Higgs Beach (Reynolds Street pier) and the relocation of the road through the Higgs Beach park area. The following individuals addressed the Board: Emily Sorkiy, Tiffany Hendry representing Defenders of Higgs Beach; Janice Nicowski and Michael Behmke, representing Friends of Higgs Beach. Kevin Wilson, Public Works & Engineering Division Director. After discussion no action was taken. 1/16/2014 Page 9 CLOSED SESSION Item J1 Bob Shillinger, County Attorney requested to move the Attorney - Client Closed Session in the matter of Enos Mitchell and Ora Lee Mitchell vs. Monroe County, Sixteenth Judicial Circuit Case No. 12 -CA -486 -P to the Special Meeting scheduled on 1/31/2014 in Key West, FL. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the request. Motion carried unanimously. PROJECT MANAGEMENT Item H2 A presentation of the FDEP plans for creation of an ADA underpass at the East end of the Old Seven Mile Bridge. The underpass will connect the Sunset Park on the North side of US -1 with Knights Key on the South side of US -1. The project will provide safe passage for pedestrians and bicyclists to cross under US -1. The following individuals addressed the Board: Dean Stoddart, FDEP Manager; Kevin Wilson, Public Works & Engineering Division Director; Patricia Smith, Transportation Planning Manager and Ed Castle, P.E. - Weiler Engineering. After discussion no action was taken. PUBLIC HEARINGS Item O1 Kevin Wilson, Public Works & Engineering Division Director addressed the Board regarding the approval of a Resolution renewing the intent to use the uniform method to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding Indies Islands and three parcels on Boca Chica. No public input. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following Resolution. RESOLUTION NO. 018 -2014 Said Resolution is incorporated herein by reference Motion carried unanimously. Item 02 A Public Hearing to consider an Ordinance by the Monroe County Board of County Commissioners amending Table 4.1 Five -Year Schedule of Capital Improvements pursuant to Section 163.3177(3)(b), F.S. The following individuals addressed the Board: Bill Hunter and Christine Hurley, Growth Management Director. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the following Ordinance. ORDINANCE NO. 001 -2014 Said Ordinance is incorporated herein by reference 1/16/2014 Page 10 Item 03 A Public Hearing to consider approval of Resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of Second Street on Stock Island that is located between Blocks 23 and 24 in Maloney Subdivision (Plat Book 1, Page 55). No public input. A motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following Resolution. RESOLUTION NO. 019 -2014 Said Resolution is incorporated herein by reference Motion carried unanimously. Item 04 A Public Hearing to satisfy public input grant application requirements and to consider approval of Grant Award FTA Section 5310 —YEAR 39 (FFY 2014 -2015) Capital Assistance Grant for the purpose of purchasing a para- transit vehicle (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County. No public input. A motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. 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 1/16/2014 Page 11